Title 8: construction safety orders, subset

Section 341§Sections Permit Requirements.

(a) Scope and Application.

(1) This article specifies:

(A) Work activities that require permits;

(B) What permit holders must do to comply with permit requirements;

(C) What types of permits can be obtained; and

(D) How to apply for a permit.

(2) The purpose of a permit is to provide notice to the Division that an employer will undertake permit-required activity and to allow the Division an effective means of ensuring that the proposed permit-required activity will be performed safely.

(3) There are two types of permits: Project Permits and Annual Permits. Both types are defined below in subsection (b) and explained in subsections (c), (d), and (e).

(4) The Permit application process is explained in section 341.1.

(b) Definitions. The following definitions apply to this article:

(1) “Annual permit” means a permit issued pursuant to section 341.1(a)(2) that allows a qualifying employer to conduct specified permit-required activity at any jobsite for a period of one year.

(2) “Climbing a fixed tower crane” means altering the height of the revolving section of the crane by adding or removing tower sections with the use of a climbing frame.

(3) “Conduct permit-required activity” means either:

(A) Engage in permit-required activity by having employees who actually perform the activity; or

(B) Act in the role of a project administrator at a site where permit-required activity is taking place, regardless of whether this role involves having employees who actually perform the activity. Note:See definition of “permit required activity” below.

(4) “Emergency repair work to underground facilities” means the unscheduled repair or replacement of pipes or other underground structures for the purposes of protecting life or property.

(5) “Height” when used to describe a structure means the distance from the top of the structure, including any parapet walls, mechanical rooms or other penthouse structures, to the lowest point of the surrounding grade or ground level below. Mechanical screens, antennas, chimneys, flag poles, and similar attachments are not to be considered in determining the height of a structure.

(6) “Hold a project permit” or “Hold an annual permit” means to have a valid applicable permit which was obtained prior to the start of work. In the case of underground use of a diesel engine in a mine or tunnel the permit shall be obtained prior to placing the engine in the mine or tunnel.

(7) “Permit-required activity” means activity for which a permit is required by this Article. Note:See section 341(d) below for a description of these activities.

(8) “Project Administrator” means a person or entity that has overall onsite responsibility for the planning, quality, management, or completion of a project involving the erection or demolition of a structure. Examples of Project Administrators include, without limitation, general contractors, prime contractors, owner/builders, joint ventures, and construction managers.

(9) “Project permit” means a permit issued pursuant to section 341.1(a)(1) that authorizes an employer to conduct permit-required activity at the specific location(s) named in the permit.

(10) “Structure” means any creation by human activity of a piece of work, formation, or series of parts joined together, including but not necessarily limited to the following:

Billboards.

Bridges.

Buildings.

Chimneys.

Dams.

Elevated highways.

Falsework.

Outdoor signs.

Powerhouses.

Scaffolding.

Silos.

Smokestacks.

Tanks or tank towers.

Transmission or communication towers.

(c) Basic permit requirement.

(1) Project Permits.

(A) Work on permit-required activities on a project subject to Project Permit requirements shall not begin until a Project Permit has been issued for the project.

(B) Only one Project Permit is required per project as long as the Project Permit holder continues to act in the role of Project Administrator, even though the project may have more than one employer fitting the description of a Project Administrator. If the holder of the current Project Permit no longer continues to act in the role of Project Administrator, that Project Permit is no longer valid, and no project work shall continue until a new Project Permit has been issued. Note:See Sections 341.1(f) and 341.1(g) of this article for additional details regarding the scope of coverage of a Project Permit.

(2) Annual Permits.

(A) Any employer other than a Project Permit holder who conducts permit-required activity shall hold a current Annual Permit before engaging in the activity.

(B) An employer who conducts activity subject to Annual Permit requirements shall obtain an Annual Permit once per year and shall notify the Division each time the permit holder begins permit-required activity at a new site.

(d) Work Activities Subject to Permit Requirements and the Types of Permits Required to Conduct the Activities.

(1) To erect, raise or lower, or dismantle a fixed tower crane, the fixed tower crane erector, climber, or dismantler shall hold a Project Permit. Note No.1: See Section 341.1 of this article for additional details on Project Permit requirements for fixed tower cranes. Note No.2: See Sections 344.70 et seq. of Title 8 of the California Code of Regulations for additional requirements applicable to permits to operate a fixed tower crane.

(2) To engage in the underground use of a diesel engine in any mine or tunnel, each employer or entity who is to operate the diesel engine shall hold a Project Permit. The permit shall be obtained prior to placing the engine in the mine or tunnel.

(3) To conduct the demolition or dismantling of any building or structure more than 36 feet in height, the Project Administrator shall hold a Project Permit and all other employers directly engaging in demolition or dismantling activity shall hold an Annual Permit.

(4) To conduct any of the following activities on a structure intended to be more than 36 feet high when completed, the Project Administrator shall hold a Project Permit and all other employers directly engaging in these activities shall hold an Annual Permit:

(A) Erection and placement of structural steel or erection and placement of structural members made of materials other than steel. Note:No permit is required for work limited to the erection or placement of reinforcing bars used in reinforced concrete construction.

(B) Installation of metal decking or decking made of substitute materials.

(C) Installation of curtain walls, precast panels, or fascia.

(D) Forming or placement of concrete structures or concrete decks on steel structures.

(E) Installation of structural framing, including roof framing, or the installation of panelized roof systems. Note:No permit is required for work limited to the installation of interior partitions.

(5) To conduct the following activities, the employer shall hold an Annual or a Project Permit, and may apply for either:

(A) Construction of trenches or excavations 5 feet or deeper into which any person is required to descend. Note:For purposes of this subsection, “descend” means to enter any part of the trench or excavation once the excavation has attained a depth of 5 feet or more.

(B) Erection and placement of scaffolding, vertical shoring, or falsework intended to be more than 36 feet high when completed.

(e) Exceptions to Permit Requirements. The provisions of this section shall not apply to the following:

(1) Government Bodies - United States of America, its officers or agencies, State of California, county, city and county, city, or district.

(2) Any public utility subject to the jurisdiction of the Public Utilities Commission.

(3) Construction of trenches or excavations for the purpose of performing emergency repair work to underground facilities.

(4) Construction or final use of excavations or trenches where the construction or final use does not require a person to descend into the excavation or trench.

(5) Excavation for the construction of graves as defined in Section 7014 of the Health and Safety Code.

(6) Excavation for the construction of swimming pools. Note:The construction of motion picture, television, or theater stages and sets does not require a permit unless the conditions specified in Section 6500(b) of the California Labor Code have occurred. For purposes of this requirement, stages and sets include, without limitation, scenery, props, backdrops, flats, greenbeds, and grids.

Note: Authority and reference cited: Sections 60.5, 6308 and 6501, Labor Code. Reference: Sections 6500, 6501 and 6508, Labor Code.

HISTORY

1. New Article 2 (Sections 341-341.5) filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

2. Certificate of Compliance filed 10-25-74 (Register 74, No. 43).

3. Amendment filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

4. Amendment of subsection (a) filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

5. Amendment of subsection (a) filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).

6. New subsection (a)(4) filed 3-18-91; operative 3-18-91 (Register 91, No. 15).

7. Repealer and new section filed 9-29-2006; operative 10-29-2006 (Register 2006, No. 39).

Section 341.1§Sections Issuance of Permits.

(a) Where to Submit Permit Applications.

(1) Project Permits. A Project Permit application shall be submitted to the Division district office that has jurisdiction over the site of the project to be covered by the Project Permit.

(2) Annual Permits. An Annual Permit application shall be submitted to the Division district office where the employer's California headquarters is located. If the employer has no California headquarters, the application shall be submitted to the Division's headquarters. Note:Project and Annual Permit application forms are available at all Division offices. Generally, the addresses and telephone numbers of Division district offices may be found on the Cal/OSHA Notice poster required pursuant to Section 340 of Title 8 of the California Code of Regulations.

(3) Permits for Use of Diesel Engines in Mines and Tunnels. Permit applications for the use of diesel engines in mines and tunnels shall be submitted to the nearest office of the Division's Mining and Tunneling Unit. Note:Permit application forms for the underground use of diesel engines are available at all offices of the Division's Mining and Tunneling Unit.

(b) General Requirements for Permit Applications.

(1) All Permit applications shall include the following:

(A) The applicant's business name, business address, telephone number, fax number and, if applicable, the applicant's email address.

(B) The name of the applicant's representative; and that representative's contact telephone number(s).

(C) A valid and applicable license number issued by the California Contractors State License Board, if applicable.

(D) An attached copy of a current policy, binder or other proof of workers' compensation insurance, if applicable.

(E) An attached check or money order for the permit fee as provided in section 341.3 of this article.

(F) A certification from the applicant's representative that he or she has knowledge of the applicable occupational safety and health standards and will comply with such standards and any other lawful orders of the Division.

(G) A description of the conditions, practices, means, methods, operations or processes used or proposed to be used by the applicant to provide a safe and healthful place of employment. Note:No cash or credit card payments will be accepted by the Division.

(2) In addition, an application for a project permit shall include the following information:

(A) A jobsite telephone number.

(B) The specific jobsite location(s), including street address(es) or cross streets.

(C) The anticipated start date and date of completion.

(D) The permit-required activity to be covered by the permit and a description of the activity for which the permit is sought in sufficient detail to allow an effective evaluation of the safety of the proposed project.

(c) Additional application Requirements for Permits for Underground Use of Diesel Engines in Mines and Tunnels and Permits for Fixed Tower Cranes.

(1) Permits for Underground Use of Diesel Engines in Mines and Tunnels. A permit application for the underground use of diesel engines in mines and tunnels, in addition to the information set forth in this section, shall provide the following:

(A) Complete details and specifications of each diesel engine and exhaust purifying device.

(B) Location of the mine or tunnel and details of how the diesel equipment is to be used.

(C) Length, cross-section, and layout of the underground haulage ways.

(D) Maximum number and brake horsepower of diesels to be operated in any aircourse.

(E) Ventilation plans, including direction of airflow, fan capacity, duct sizes, and auxiliary ventilation.

(F) Date when proposed diesel use is to begin and dates and locations where a representative of the Division may conduct tests of the diesel exhaust gases and mechanical conditions affecting exhaust gas emission.

(2) Permits for Erecting, Climbing, and Dismantling of Fixed Tower Cranes.

Each application for a permit to erect, climb, or dismantle a fixed tower crane shall, in addition to providing the information required by this article, certify that:

(A) A Division-licensed tower crane certifier or surveyor or safety representative for the distributor or manufacturer of the fixed tower crane will be present during erection, climbing, and dismantling operations to assure that such processes and operations are performed in accordance with manufacturer recommendations and applicable standards or orders; and Note:See Sections 344.70 et seq. of Title 8 of the California Code of Regulations for additional requirements applicable for permits to operate a fixed tower crane.

(B) The applicant will notify the Division of the following dates and times:

(i) Initial erection at this site;

(ii) Completion of erection and commencement of operation;

(iii) Climbing of the tower crane; and

(iv) Dismantling of the tower crane. Note:The notification must be received by the Division at least 24 hours prior to the activity which is the subject of the notification and may be in writing or by telephone followed by written notification. The notification shall be made to the district office of the Division from which the permit was obtained and must include the date and time of the intended activity.

(d) Safety Conference for Project Permits and Annual Permits.

(1) The Division may conduct any investigation and/or hearing it deems necessary for the purpose of this article, and may require a safety conference to discuss the permit applicant's safety program and the means, methods, devices, processes, practices, conditions or operations the permit applicant intends to use to provide employment and a place of employment that are safe and healthful.

(2) When scheduling a safety conference, the Division shall make a reasonable effort to accommodate the scheduling needs of the applicant, shall furnish the applicant with a recommended checklist of information and documentation to bring to the safety conference, and shall clearly inform the applicant which parties are required to attend.

(3) The safety conference shall be held at a district office or at a designated place convenient for the attending parties, and shall be open to the permit applicant, representatives of the owner, contracting agencies, and employees and their representatives. The permit applicant shall notify all attending parties of the safety conference a reasonable time prior to the holding of the safety conference. Proof of such notification shall be made at the safety conference.

(e) General Requirements Applicable to Issuance of All Permits.

(1) A permit may be issued to an applicant following the filing of a completed Permit Application form, compliance with all the requisites therein, payment of the permit fee as provided in Section 341.3 of this article, and a determination by the Division that all qualifications for receipt of a permit have been met by the applicant. Except as provided in Section 8470(l), the Division shall issue a Project Permit within five working days of the initial project permit safety conference, if the application materials presented by the applicant at the safety conference are complete. If the application materials are not complete, the applicant shall be given a written list before leaving the safety conference of the materials or information needed to complete the application. The Division shall issue the Project Permit within five working days of receiving complete application materials or deny the permit in writing pursuant to the requirements of Section 341.2. Note:Where Project Permits are required for structures subject to the requirements of Section 341(d)(4), the Division may issue conditional permits when specific information is not yet available.

(2) Each permit issued by the Division shall include the following information:

(A) The person or entity to whom the permit has been issued.

(B) The permit number.

(C) The type of permit issued.

(D) The date through which the permit will remain valid.

(E) The fee amount collected; the check or money order number; and the name of the person collecting the fee.

(F) The name of the person who investigated the permit application and held the permit conference, and the name of the person approving the issuance of the permit.

(G) The specific activities and/or projects covered by the permit.

(f) Issuance of Project Permits for All Projects Other Than Erection of Tower Cranes. The permit applicant shall be required to obtain only one Project Permit for the following work activities:

(1) The construction or demolition of a building or structure over 36 feet high, and the associated excavation of trenches and excavations at the same site.

(2) Any project of construction of a building, structure, vertical shoring, or falsework and/or erection of scaffolding at the same site.

(3) Any project or demolition of a building, structure, or dismantling of scaffolding, vertical shoring or falsework at the same site.

(4) For all or any combination of activities listed in subsection (f)(1), (2), and (3) above at the same jobsite.

(5) Two or more projects when the work is part of the same contract but is located in different Division districts, and the work to be performed is the installation or erection of essentially identical structures.

(A) Such essentially identical structures may include structures such as silos, outdoor signs, tanks or tank towers, and transmission or communication towers.

(B) Such essentially identical structures shall not include bridges, dams, elevated highways, buildings, or tower cranes.

(C) The Project Permit for work on such essentially identical structures shall be issued by the Division district office where the first project scheduled to be commenced is located.

(D) For each subsequent project covered by the Project Permit, the permit holder shall notify the Division district office that has jurisdiction over the site of the project at least 24 hours prior to the activity which is the subject of the notification. Notification shall be given by mail, personal delivery, fax transmission or electronic mail, and shall provide the location of the project and the date and time the work activity is to commence.

(g) Issuance of Project Permits for Fixed Tower Cranes.

Only one permit is required to erect, alter the height of, and dismantle a single fixed tower crane, provided all of this work is done by the same entity. If another entity engages in any of these activities, that entity shall also obtain a Project Permit. If a fixed tower crane is relocated to a new position on the same project a new Project Permit is required.

(h) Issuance of Annual Permits.

(1) An Annual Permit may be issued upon the applicant's demonstration that it has an adequate safety program that has been developed for the work activity to be covered by the permit, subject to the conditions specified below and any additional conditions specified by the Division. Except as provided in the Note below, the permit shall expire one year later at the close of business on the day prior to the anniversary date of issuance. The permit shall display the expiration date. Note:During the first year following the effective date of this article, the Division may issue Annual Permits for longer than one year in order to stagger the expiration dates.

(2) Annual Permits shall be issued subject to all of the following conditions:

(A) The work shall be performed by the entity named in the permit.

(B) The permit holder shall notify the Division district office that has jurisdiction over the site of the project at least 24 hours prior to the activity which is the subject of the notification. Notification shall be given by mail, personal delivery, fax transmission or electronic mail, and shall provide the location of the project and the date and time the work activity is to commence.

(3) Annual Permits may be renewed by mail.

Note: Authority cited: Sections 60.5, 6308, 6501, 6502 and 6503, Labor Code. Reference: Sections 6500, 6501, 6502, 6503, 7373 and 7382, Labor Code.

HISTORY

1. Amendment of subsections (a), (b) and (i) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (a) filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

3. Amendment of subsection (b) filed 5-6-75 as procedural and organizational; effective upon filing (Register 75, No. 19).

4. Amendment of subsections (b) and (c) filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

5. Amendment filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).

6. New subsection (b)(1) filed 3-18-91; operative 3-18-91 (Register 91, No. 15).

7. Amendment of subsections (a), (b), (e) and (f) filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.

8. Amendment of Note filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

9. Amendment of section and Note filed 7-13-95 as an emergency; operative 7-13-95 (Register 95, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-10-95 or emergency language will be repealed by operation of law on the following day.

10. Editorial correction inserting History 4 designator (Register 95, No. 36).

11. Amendment of section and Note refiled 11-8-95 as an emergency; operative 11-8-95 (Register 95, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-7-96 or emergency language will be repealed by operation of law on the following day.

12. Reinstatement of subsection (f) as it existed prior to emergency amendment of 11-8-95 by operation of Government Code section 11346.1(f) (Register 96, No. 15).

13. Amendment of subsections (f)(1) and (f)(1)(C) filed 4-9-96; operative 4-9-96 pursuant to Government Code section 11346.2(d) (Register 96, No. 15).

14. Repealer and new section filed 9-29-2006; operative 10-29-2006 (Register 2006, No. 39).

Section 1502§Sections Application.

(a) These Orders establish minimum safety standards whenever employment exists in connection with the construction, alteration, painting, repairing, construction maintenance, renovation, removal, or wrecking of any fixed structure or its parts. These Orders also apply to all excavations not covered by other safety orders for a specific industry or operation.

(b) At construction projects, these Orders take precedence over any other general orders that are inconsistent with them, except for Tunnel Safety Orders or the Pressurized Worksite Standards in Article 154 of the General Industry Safety Orders.

(c) Machines, equipment, processes, and operations not specifically covered by these Orders shall be governed by other applicable general Safety Orders.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Section 142.3, Labor Code

Section 142.3, Labor Code

HISTORY

1. Amendment of subsection (a) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

2. Amendment of subsection (a) filed 8-13-84; effective thirtieth day thereafter (Register 84, No. 33).

3. Change without regulatory effect amending subsection (b) filed 9-1-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 36).

section 100, title 1, California Code of Regulations

Section 1504§Sections Definitions.

(a) The following definitions shall apply in the application of these Orders.

Access. A means of reaching a workspace or a work area.

Accessible. Within reach from a workspace or work area.

Adequate Ventilation. Ventilation which, under normal operating conditions, is sufficient to keep the concentration of a hazardous gas, vapor, mist, fume or dust below the amount which will produce harmful effects or below 20 percent of the lower explosive limit, whichever is lower.

Anchorage. A secure point of attachment for lifelines, lanyards or deceleration devices.

Approved. See section 1505.

Body Belt. A simple or compound strap with means for securing it about the waist and for securing a lanyard to it.

Body Harness. Straps which may be secured about the employee in a manner that will distribute the fall arrest forces over at least the thighs, pelvis, waist, chest and shoulders with means for attaching it to other components of a personal fall arrest system.

Buckle. Any device for holding the body belt or body harness closed around the employee's body.

Bulldozer. A tractor having a blade in front for moving earth or other materials.

Bull Float. A tool used to spread out and smooth a concrete surface.

Carryall. A self-loading and unloading vehicle pulled by a tractor or powered attachment, and used for movement and placing of earth or other materials.

Certified Safety Professional or CSP. A safety professional who has met education and experience standards, has demonstrated by examination the knowledge that applies to professional safety practice, continues to meet recertification requirements established by the Board of Certified Safety Professionals (BCSP), and is authorized by BCSP to use the Certified Safety Professional designation.

Closed Container. A container as herein defined, so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.

Combustible Liquid. A liquid having a flash point greater than 199.4°F (93°C) (formerly designated Class IIIB Combustible liquids).

Competent Person. One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Connector. A device which is used to couple (connect) parts of the personal fall arrest system and positioning device systems together. It may be an independent component of the system, such as a carabiner, or it may be an integral component of part of the system (such as a buckle or deering sewn into a body belt or body harness, or a snap-hook spliced or sewn to a lanyard or self-retracting lanyard).

Contaminant. A harmful, irritating or nuisance material that is foreign to the environment.

Note: For definition of “harmful exposure” refer to section 5140 of General Industry Safety Orders.

Note:

Controlled Access Zone (CAZ). An area in which certain work may take place without the use of guardrails, personal fall arrest systems, or safety nets and access to the zone is controlled. Coon. To straddle and move horizontally on a beam while walking on the bottom flanges.

Crawling Board (Chicken Ladder). A plank with cleats spaced and secured at equal intervals and used by workers on roofs as a means of access.

Dangerous Equipment. Equipment (such as pickling or galvanizing tanks, degreasing units, machinery, electrical equipment, and other construction related equipment such as hoppers and conveyors) which, as a result of form or function, may be hazardous to employees who fall onto or into such equipment.

Deceleration Device. Any mechanism, such as a rope grab, rip-stitch lanyard, specially-woven lanyard, tearing or deforming lanyards, automatic self-retracting lifelines/lanyards, etc., which serves to dissipate a substantial amount of energy during a fall arrest, or otherwise limit the energy imposed on an employee during fall arrest.

Deceleration Distance. The additional vertical distance a falling employee travels, excluding lifeline elongation and free fall distance, before stopping, from the point at which the deceleration device begins to operate. It is measured as the distance between the location of an employee's body belt or body harness attachment point at the moment of activation (at the onset of fall arrest forces) of the deceleration device during a fall, and the location of that attachment point after the employee comes to a full stop.

Dedicated Pile Driver. A machine that is designed to function exclusively as a pile driver. These machines typically have the ability to both hoist the material that will be pile-driven and to pile-drive that material.

Defect. Any characteristic or condition which tends to weaken or reduce the strength or the safety of the tool, machine, object, or structure of which it is a part.

Division. The current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these Orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.

Drop Line (Safety Line). A vertical line from a fixed anchorage, independent of the work surface, to which the lanyard is affixed.

Elevator, Construction. Any means used to hoist persons or material of any kind on a building under course of construction, when operated within guides, by any power other than muscular power.

Emergency Medical Services.

(A) Appropriately Trained Person. A physician or registered nurse currently licensed in California or a person possessing a current certificate (training within the past three years or as specifically stated on the certificate) from the American National Red Cross or equivalent training that can be likewise verified. Acceptable Red Cross certificates are those from the Standard First-Aid Multimedia, Standard First Aid and Personal Safety, or Advanced First Aid and Emergency Care courses.

Note: Equivalent training includes, but is not limited to, training which is equivalent to that provided by the American National Red Cross, or training required for certification as mobile intensive care paramedics as provided under chapter 2.5, article 3, sections 1480 through 1484.4 of the California Health and Safety Code; and, courses that are given by nationally recognized voluntary health organizations, official agencies, such as Mine Safety and Health Administration, or accredited teaching institutions.

Note:

(B) Emergency Medical Services. The communications, transportation and medical and related services, such as first aid, rendered in response to the individual need for immediate medical care in order to reduce or prevent suffering and disability and reduce the incidence of death.

(C) First Aid. The recognition of, and prompt care for injury or sudden illness prior to the availability of medical care by licensed health-care personnel.

Employer.

(A) The State and every State agency.

(B) Each county, city, district, and all public and quasi-public corporations and public agencies therein.

(C) Every person including any public service corporation which has any natural person in service.

(D) The legal representative of any deceased employer. Excavation, Trenches, Earthwork.

(A) Bank. A mass of soil rising above a digging level.

(B) Exploration Shaft. A shaft created and used for the purpose of obtaining subsurface data.

(C) Geotechnical Specialist (GTS). A person registered by the State as a Certified Engineering Geologist, or a Registered Civil Engineer trained in soil mechanics, or an engineering geologist or civil engineer with a minimum of 3 years applicable experience working under the direct supervision of either a Certified Engineering Geologist or Registered Civil Engineer.

(D) Hard Compact (as it applies to section 1542). All earth material not classified as running soil.

(E) Lagging. Boards which are joined, side-by-side, lining an excavation.

(F) Running Soil (as it applies to section 1542). Earth material where the angle of repose is approximately zero, as in the case of soil in a nearly liquid state, or dry, unpacked sand which flows freely under slight pressure. Running material also includes loose or disturbed earth that can only be contained with solid sheeting.

(G) Shaft. An excavation under the earth's surface in which the depth, is much greater than its cross-sectional dimensions such as those formed to serve as wells, cesspools, certain foundation footings, and under streets, railroads, buildings, etc.

Exhaust Retrofit. An emission control device installed on a vehicle after the vehicle's manufacture, including, but not limited to, modified or added sections of exhaust pipe that connects the emission control device to the engine.

Exit. Exit is a continuous and unobstructed means of egress to a public way, and shall include intervening doors, doorways, corridors, exterior exit balconies, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts, and yards.

Failure. Load refusal, breakage, or separation of component parts. Load refusal is the point where the ultimate strength is exceeded.

Falsework and Shoring for Concrete Construction. Temporary formwork and vertical shoring, etc., to support concrete and placing operations for supported slabs of concrete structures.

Fire Area. An area of a building separated from the remainder of the building by construction having a fire resistance of at least 1 hour and having all communicating openings properly protected by an assembly having a fire resistance rating of at least 1 hour.

Fire Extinguishers, Portable.

(A) Portable fire extinguishers are classified for use on certain classes of fires and rated for relative extinguishing effectiveness at a temperature of plus 70 degrees Fahrenheit by nationally recognized testing laboratories. This is based upon the classification of fires and the fire-extinguishment potentials as determined by fire tests.

(B) The classification and rating system described in this standard is that used by Underwriters' Laboratories, Inc., and Underwriters' Laboratories of Canada and is based on extinguishing pre-planned fires of determined size and description as follows:

1. Class A Rating. Wood and excelsior.

2. Class B Rating. Two-inch depth n-heptane fires in square pans.

3. Class C Rating. No fire test. Agent must be a nonconductor of electricity.

4. Class D Rating. Special tests on specific combustible metal fires. Fires.

(A) Class A. Fires in ordinary combustible materials, such as wood, cloth, paper, rubber, and many plastics.

(B) Class B. Fires in flammable liquids, gases, and greases.

(C) Class C. Fires which involve energized electrical equipment where the electrical nonconductivity of the extinguishing media is of importance. (When electrical equipment is de-energized, extinguishers for Class A or B fires may be used safely.)

(D) Class D. Fires in combustible metals, such as magnesium, titanium, zirconium, sodium, and potassium.

Flammable Liquid. Any liquid having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 °F (37.8 °C) and having a flashpoint at or below 199.4 °F (93 °C). Flammable liquids are divided into four categories as follows:

(A) Category 1 shall include liquids having flashpoints below 73.4 °F (23 °C) and having a boiling point at or below 95 °F (35 °C).

(B) Category 2 shall include liquids having flashpoints below 73.4 °F (23 °C) and having a boiling point above 95 °F (35 °C).

(C) Category 3 shall include liquids having flashpoints at or above 73.4 °F (23 °C) and at or below 140 °F (60 °C).

(D) Category 4 shall include liquids having flashpoints above 140 °F (60 °C) and at or below 199.4 °F (93 °C).

Flash point of the liquid. The temperature at which it gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the vessel used as determined by appropriate test procedure and apparatus as specified below.

(A) The flashpoint of liquids having a viscosity less than 45 Saybolt Universal Second(s) at 100 °F (37.8 °C) and a flashpoint below 175 °F (79.4 °C) shall be determined in accordance with the Standard Test Method for Flash Point by Tag Closed Cup Tester, ASTM D-56-05, which is incorporated herein by reference, or an equivalent method as defined by Section 5194 Appendix B.

(B) The flashpoints of liquids having a viscosity of 45 Saybolt Universal Second(s) or more at 175 °F (79.4 °C) or higher shall be determined in accordance with the Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, ASTM D-93-08, which is incorporated herein by reference, or an equivalent method as defined by Section 5194 Appendix B.

Floor Area. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

Free Fall. The act of falling before a personal fall arrest system begins to apply force to arrest the fall.

Free Fall Distance. The vertical displacement of the fall arrest attachment point on the employee's body belt or body harness between onset of the fall and just before the system begins to apply force to arrest the fall. This distance excludes deceleration distance, and lifeline/lanyard elongation, but includes any deceleration device slide distance or self-retracting lifeline/lanyard extension before they operate and fall arrest forces occur.

Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished surface of the ground, paving or sidewalk, within the area between the building and the property line, or when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building.

Guardrail. (See Railing)

Guy. A line that steadies a mast or structure by pulling against an off-center load.

Handrail. A rail used to provide employees with a handhold for support. Haulage Vehicle, as used in these Orders. A self-propelled vehicle including its trailer, used to transport materials on construction projects. The term “haulage vehicle” includes trucks, truck and trailer combinations, and all other similar equipment used for haulage.

Hazardous Substance. One which by reason of being explosive, flammable, extremely flammable, poisonous, corrosive, oxidizing, irritant, or otherwise harmful is likely to cause injury.

Helicopter. A rotary wing aircraft which depends principally for its support and motion in the air upon the lift generated by one or more power-driven rotors, rotating on substantially vertical axes. It can hover, fly backward and sideways, in addition to forward flight. (The following definitions (A) through (K) apply to helicopter operations only.):

(A) Automatic Release Device. A mechanism for releasing the load without deliberate action by the pilot or crewmen.

(B) Dangerous Materials. Explosives, flammables, oxidizing materials, corrosive liquids, compressed gases, poisons, radioactive materials, or a combination of other materials which could produce dangerous material.

(C) Dust Control. The control of dust by use of water or other materials.

(D) Emergency. Human lifesaving or protective operation.

(E) External Load (Helicopter). A cargo which is not contained wholly within the fuselage of the aircraft.

(F) Ground Crew (Helicopter). Those employees not on board the helicopter who are directly involved with helicopter operations.

(G) Heliport. An area used for regular helicopter landings and takeoffs.

(H) Line Stringing Operation (Helicopter). The placing of any line (power, communication, or other line, including the pulling line) between two or more points by pulling it with an airborne helicopter. This does not include towers, poles, or coiled lines transported as a unit.

(I) Passenger (Helicopter). A person to be transported who is not a member of the helicopter crew.

(J) Practicable. Means capable of being accomplished by reasonably available and workable means.

(K) Sling Load (Helicopter). An external load carried below or partly below the level of the landing gear.

Hole. Any opening in a floor or platform, which is smaller than an opening.

Jacking Operation. The task of lifting a slab (or group of slabs) vertically from one location to another (e.g., from the casting location to a temporary (parked) location, or from a temporary location to another temporary location, or to its final location in the structure), during the construction of a building/structure where the lift-slab process is being used.

Jobsite vehicle. A vehicle which is operated on a jobsite exclusively and is excluded from the provisions of applicable traffic and vehicular codes, and haulage and earthmoving vehicles regulated by the provisions of Article 10 of these Orders.

Ladders.

(A) Ladder. A device other than a ramp or stairway, designed for use in ascending or descending at an angle with the horizontal. A ladder is intended to be stationary while in service and consists of two side pieces called siderails, joined at short intervals by crosspieces called steps, rungs or cleats.

(B) Ladder, Double Cleat. A ladder that is similar to a single cleat ladder, but is wider, with an additional center rail which will allow for two-way traffic for workers in ascending and descending.

(C) Ladder, Extension. A ladder consisting of two or more sections, with guides or brackets so arranged that the ladder may be adjusted to different lengths by sliding and locking the movable section or sections.

(D) Ladder, Extension Trestle. A ladder consisting of an “A” or trestle ladder with an additional single ladder, which is supported in a vertical position by the “A” ladder.

(E) Ladder, Fixed. A ladder permanently fastened to a structure.

(F) Ladder, Jacob's ladder. A ladder having rigid rungs suspended between two vertical chain or wire rope stringers, instead of the rigid side rails used on fixed or portable ladders.

(G) Ladder, Job-built. A ladder that is fabricated by employees, typically at the construction site, and is not commercially manufactured.

(H) Ladder, Portable. A ladder, not permanently fixed in place, which may be used at various locations.

(I) Ladder, Single-rail. A portable ladder with rungs, cleats, or steps mounted on a single rail instead of the normal two rails used on most other ladders.

(J) Ladder, Steps. Either rungs, treads, or cleats.

(K) Ladder, Stepladder. A ladder having treads and so constructed as to be self-supporting.

(L) Ladder, Step stool. A self-supporting, collapsible, portable ladder, nonadjustable in length, 32 inches or less in overall size, with flat steps and without a pail shelf, designed to be climbed on the ladder top cap as well as all steps. The rails may continue above the top cap.

(M) Ladder, Trestle or “A.” A ladder consisting of two special, single ladders hinged together at the top to form equal angles with the surface on which they stand.

Lanyard. A flexible line to secure a wearer of a safety belt or harness to a drop line, lifeline, or fixed anchorage.

Leading Edge. The edge of a floor, roof, or formwork for a floor or other walking/working surface (such as the deck) which changes location as additional floor, roof, decking, or formwork sections are placed, formed, or constructed. A leading edge is considered to be an “unprotected side and edge” during periods when it is not actively and continuously under construction.

Lifeline. A horizontal line (i.e. catenary line) between two fixed anchorages, independent of the work surface, to which the lanyard is secured either by tying off or by means of a suitable sliding connection. For the purposes of these orders, lifelines may be vertical as well as horizontal (i.e. when used with a body harness).

Lift-Slab. An operation whereby a concrete slab is lifted into an elevated position by means of jacks located above the slab on columns or other supporting members.

Limited Access Zone. An area alongside a masonry wall which is under construction and which is clearly demarcated to limit access by employees.

Linemen's Body Belt. A leather or web (cotton or nylon) belt designed specifically for employees working on poles. It consists of a waist belt, generally cushioned, with a front buckle, two D rings for attaching safety straps and a multiple-looped strap for holding, rings, snaphooks, holsters and other tool holding devices.

Liquid. As applied to flammable and combustible liquids means any material which has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM Test for Penetration for Bituminous Materials, D-5-7.1.

Loading Device. A mobile mechanical-powered machine of the skip loader type used for picking up materials and loading or dumping them into haulage vehicles, bins, or hoppers, excluding boom-type excavators and endless belt or chain conveyors.

Lower Levels. Those areas or surfaces to which an employee can fall. Such areas or surfaces include, but are not limited to, ground levels, floors, platforms, ramps, runways, excavations, pits, tanks, material, water, equipment, structures, or portions thereof.

Lumber.

(A) Douglas Fir or Equivalent. “Selected lumber” or other suitable material of proper size, having strength at least equal to the specified Douglas fir members.

(B) “Selected Lumber.” Douglas fir that has been graded under standards as high as those followed by the West Coast Lumber Inspection Bureau or by the Western Wood Products Association as suitable for a bending stress of 1,500 psi.

(C) “Structural Plank.”

1. Douglas fir graded for scaffold plank use and which has an allowable bending stress of at least 2,200 pounds per square inch (psi). Select structural scaffold plank, as described in Paragraph 171-b of the January 1, 2000 Standard Grading Rules No. 17, published by the West Coast Lumber Inspection Bureau and Scaffold No. 2 as described in Paragraph 58.12 of the 1998 Edition of the Western Lumber Grading Rules published by the Western Wood Products Association, satisfy this definition.

2. Southern Pine graded for scaffold plank use that meets the Standard Grading Rules for Southern Pine, effective July 1, 2002, Section 501 for Dense Industrial 72 Scaffold Plank and Section 502 for Dense Industrial 65 Scaffold Plank.

3. Other solid sawn wood planking graded as a scaffold plank that meets the scaffold plank grading rules of an agency approved by the American Lumber Standards Committee for the species of wood used.

(D) Size. Unless otherwise stated, the lumber sizes referred to in these Orders mean nominal sizes and thus include both the rough and dressed members of those nominal sizes.

Mast Tower. A single vertical member on which a cantilevered platform, suitable for carrying material, may be moved up and down.

Material Hoist. A hoist for raising and lowering materials only, with the hoisting of persons being prohibited.

(A) Cage. The load-carrying unit, consisting of a platform and enclosure, and including a top as well as walls.

(B) Cantilevered Hoist Tower. A hoist tower in which the platform, cage, or bucket travels on guide rails that are generally an integral part of the vertical tower member(s) and in a vertical plane, outboard from the tower member.

(C) Equivalent. An alternate design, feature, device, or protective action which provides an equal degree of safety.

(D) Hoistway. A shaft way for the travel of one or more platforms, cages, or buckets. It includes the pit and terminates at the underside of the beam at the top of the tower or structure.

(E) Inside Hoists. Hoistways contained entirely within the building being served, which sometimes use the building structure itself for the support of the top beams, guide rails, and appurtenant parts necessary for the proper functioning of the platform.

(F) Load. The total superimposed weight on the hoist platform or bucket.

(G) Platform. The load-carrying unit, including the frame, which directly supports the load.

(H) Rated Load. The maximum load for which the material hoist is designed and built by the manufacturer and which is shown on the equipment nameplate(s).

(I) Rated Speed. The speed at which the platform, cage, or bucket is designed to operate in the up direction with a rated load in or on the load-carrying unit.

(J) Rope. Refers to wire rope only.

(K) Tower. The primary structure which forms the hoistway for the travel of the platform, cage, or bucket, and which provides the support for the top beams, guide rails, and other appurtenant parts necessary for the operation of such units.

Mechanical Equipment. All motor or human propelled wheeled equipment used for roofing work, except wheelbarrows and mopcarts.

Midrail. A rail approximately midway between the top rail and platform, that is secured to the uprights erected along the exposed sides and ends of platforms.

Nationally Recognized Testing Laboratory (NRTL). A laboratory which has been recognized by the Department of Labor, Occupational Safety and Health Administration (OSHA) as meeting the requirements of 29 CFR 1910.7.

O.D. O.D. means optical density and refers to the light refractive characteristics of a lens.

Opening. An opening in any floor or platform, 12 inches or more in the least horizontal dimension. It includes: stairway floor openings, ladderway floor openings, hatchways and chute floor openings.

Personal Fall Arrest System. A system used to arrest an employee in a fall from a working level. It consists of an anchorage, connectors, a body belt or body harness and may include a lanyard, deceleration device, lifeline, or suitable combinations of these. As of January 1, 1998, the use of a body belt for fall arrest is prohibited.

Personal Fall Restraint System. A system used to prevent an employee from falling. It consists of anchorages, connectors, body belt/harness. It may include, lanyards, lifelines, and rope grabs designed for that purpose.

Personal Fall Protection System. A personal fall protection system includes personal fall arrest systems, positioning device systems, fall restraint systems, safety nets and guardrails.

Personal Protective Equipment. Protection where modified by the words head, eye, body, hand, and foot, as required by the Orders in Subchapter 4, means the safeguarding obtained by means of safety devices and safeguards of the proper type for the exposure, and of such design, strength, and quality as to eliminate, preclude, or mitigate the hazard.

Note: See “approved.”

Note:

Personnel Hoist. A mechanism for use in connection with the construction, alteration, maintenance, or demolition of a building structure, or other work. It is used for hoisting and lowering workers or materials, or both, is equipped with a car that moves on guide members during its vertical movement, and includes its hoistway.

(A) Buffer. A device used on construction elevators designed to stop a descending car or counterweight beyond its normal limit of travel by storing or by absorbing and dissipating the kinetic energy of the car or counterweight.

1. Buffer, Hydraulic. A buffer using fluid as a medium which absorbs and dissipates the kinetic energy of the descending car or counterweight.

2. Buffer Stroke, Hydraulic. The fluid-displacing movement of the buffer plunger or piston, excluding the travel of the buffer-plunger accelerating device.

3. Spring Buffer. A buffer which stores in a spring the kinetic energy of the descending car or counterweight.

4. Spring-Buffer Load Rating. The load required to compress the spring an amount equal to its stroke.

5. Spring-Buffer Stroke. The distance the contact end of the spring can move under a compressive load until all coils are essentially in contact.

(B) Car (Cage).

1. Hoist Car. The load-carrying unit including its platform, car frame, enclosure, and car door or gate.

2. Car Door or Gate Electric Contact. An electrical device, the function of which is to prevent operation of the driving machine by the normal operating device unless the car door or gate is in the closed position.

3. Car Enclosure. The top and the walls of the car resting on, and attached to, the car platform.

4. Car Frame (Sling). The supporting frame to which the car platform, upper and lower sets of guide shoes, car safety, and the hoisting ropes or hoisting rope sheaves or other lifting mechanism are attached.

5. Car Platform. The structure which forms the floor of the car and which directly supports the load.

(C) Clearance.

1. Bottom Car Clearance. The clear vertical distance from the pit floor (ground or foundation) to the lowest structural or mechanical part, equipment, or device installed beneath the car platform, except guide shoes or rollers, safety-jaw assemblies, and platform aprons or guards, when the car rests on its fully compressed buffers.

2. Top Car Clearance. The shortest vertical distance between the top of the car crosshead, or between the top of the car where no crosshead is provided, and the nearest part of the overhead structure, or any other obstruction, when the car floor is level with the top terminal landing.

3. Top Counterweight Clearance. The shortest vertical distance between any part of the counterweight structure and the nearest part of the overhead structure, or any other obstruction, when the car floor is level with the bottom terminal landing.

(D) Door or Gate.

1. Car or Hoistway Door Gate. The sliding portion of the car or the hinged or sliding portion in the hoistway enclosure which closes the opening, giving access to the car or to the landing.

2. Biparting Door. A vertically or horizontally sliding door consisting of two or more sections so arranged that the sections or groups of sections open away from each other and so interconnected that all sections operate simultaneously.

3. Manually Operated Door or Gate. A door or gate which is opened and closed by hand.

(E) Emergency Stop Switch. A device located in the car which, when manually operated, causes the power to be removed from the driving-machine motor, thereby causing the brake to be applied.

(F) Guide Members. Fixed vertical steel sections designed to prevent lateral movement of the car. Guide members may be standard elevator T-rails or other suitable sections.

(G) Guide Shoes or Rollers. Devices attached to the car frame or counterweight which cause the car to be guided by the guide members.

(H) Hoistway. A temporary shaftway; the space traveled by the car.

1. Hoistway Enclosure. The structure which isolates the hoistway from all other parts of the building and on which the hoistway doors or gates, and door or gate assemblies, are installed.

2. Hoistway-Door or Gate Interlock. A device having the following two related and interdependent functions which are:

a. Preventing the operation of the driving machine by the normal operating device unless the hoistway door or gate is locked in the closed position and,

b. Preventing the opening of the hoistway door or gate from the landing side unless the car is within the landing zone and is either stopped or being stopped.

3. Car Door or Gate Separate Mechanical Lock. A mechanical device, the function of which is to lock a car door or gate in the closed position as the car leaves the receiving landing and to prevent the door or gate from being opened unless the car is within the landing zone.

4. Hoistway Unit System. A series of hoistway-door or gate interlocks, the function of which is to prevent operation of the driving machine by the normal operating device unless all hoistway doors or gates are in the closed position and locked.

(I) Landing.

1. Hoist Landing. That portion of a floor, balcony, or platform used to receive and discharge passengers or material.

2. Electric Driving Machine. A machine whose energy is applied by an electric motor.

3. Geared-Drive Machine. A direct-drive machine in which the energy is transmitted from the motor to the driving sheave, drum, or shaft through gearing.

4. Gearless Traction Machine. A traction machine without intermediate gearing, which has the traction sheave and the brake drum mounted directly on the motor shaft.

5. Rack and Pinion Machine. A machine in which the motion of a car is obtained by a power-driven rotating pinion, or pinions, mounted on the car, traveling on a stationary rack mounted on the supporting mast (tower).

6. Traction Machine. A machine in which the motion of a car is obtained through friction between the suspension ropes and a traction sheave.

7. Winding-Drum Machine. A geared-drive machine in which the hoisting ropes are fastened to, and wind on, a drum.

8. Worm-Geared Machine. A direct-drive machine in which the energy from the motor is transmitted to the driving sheave or drum through worm gearing.

(K) Mast (Tower). A vertical structure which supports and guides the cart (and the counterweight and overhead when used) outside of the mast structure.

(L) Operating Device. The car switch, push button, lever, or other manual device used to actuate the control.

(M) Operation. The method of actuating the control.

1. Car-Switch Operation. An operation wherein the movement and direction of travel of the car are directly and solely under the control of the operator by means of a manually operated car switch in the car.

(N) Overhead Structure (Cathead). All of the structural members or platforms supporting the hoist machinery, sheaves, or equipment at the top of the hoistway.

(O) Oxygen Deficient Atmosphere. An atmosphere containing oxygen at a concentration of less than 19.5 percent by volume.

(P) Pit. That portion of a hoistway extending from the threshold level of the lowest landing door to the floor (ground or foundation) at the bottom of the hoistway.

(Q) Rated Load. The load for which the hoist is designed and installed to lift at the rated speed.

(R) Rated Speed. The speed in the up direction, with rated load in the car, at which a hoist is designed to operate.

(S) Rope. Hoist wire ropes, governor wire ropes, and compensating wire ropes.

(T) Runby.

1. Bottom Hoist-Car Runby. The distance between the car-buffer striker plate and the striking surface of the car buffer when the car floor is level with the bottom terminal landing.

2. Bottom Hoist-Counterweight Runby. The distance between the counterweight-buffer striker plate and the striking surface of the counterweight buffer when the car floor is level with the top terminal landing.

(U) Safety, Car or Counterweight. A mechanical device attached to the car frame or to an auxiliary frame, or to the counterweight frame, to stop and hold the car or counterweight in case of predetermined over-speed or free fall, or if the hoisting ropes slacken.

(V) Slack-Rope Switch. A device which automatically causes the power to be removed from the hoist driving-machine motor and applies the brake when the hoisting ropes of a winding-drum machine become slack.

(W) Stopping Device.

1. Terminal Speed-Limiting Device. A device which automatically reduces the speed as a car approaches a terminal landing, independently of the functioning of the operating device and the normal-terminal stopping device, if these devices fail to slow down the car as intended.

2. Final-Terminal Stopping Device. A device which automatically causes the power to be removed from a hoist driving-machine motor and applies the brake independent of the functioning of the normal-terminal stopping device, the operating device, or an emergency terminal stopping device, after the car has passed terminal landings.

3. Normal-Terminal Stopping Device. A device or devices to slow down and stop a hoist car automatically at or near a terminal landing, independently of the functioning of the operating device.

(X) Tower. A vertical structure which supports and guides the car (and the counterweight and overhead when used) within the tower structure.

(Y) Travel (Rise). The vertical distance between the bottom terminal landing and the top terminal landing of a hoist.

Platform. An elevated working area or surface used for supporting workers, materials and equipment.

Powder-Actual Tools.

(A) Cased Power Load. A power load with the propellant contained in a closed case.

(B) Caseless Power Load. A power load with the propellant in solid form not requiring containment.

(C) To Chamber. To fit the chamber exactly without force.

(D) Fasteners. Any pins (unthreaded heads) or studs (threaded heads) driven by powder-actuated tools.

(E) Fixture. A special shield which provides equivalent protection where the standard shield cannot be used.

(F) Head. That portion of a fastener which extends above the work surface after being properly driven.

(G) High-Velocity Tool. A tool whose velocity has been measured 10 times while utilizing the combination of:

(1) The lightest commercially available fastener designed for the tool.

(2) The strongest commercially available power load that will properly chamber in the tool that will produce an average velocity from the 10 tests in excess of 492 feet per second (150m/s).

(H) Medium-Velocity Tool. A tool whose test velocity has been measured 10 times while utilizing the highest velocity combination of:

(1) The lightest commercially available fastener designed for the tool.

(2) The strongest commercially available power load that will properly chamber in the tool.

(3) The piston designed for that tool and appropriate for that fastener that will produce an average test velocity from 10 tests in excess of 328 feet per second (100m/s) but not in excess of 492 feet per second (150m/s) with no single test having a velocity of 525 feet per second (160m/s).

(I) Low-Velocity Tool. A tool whose test velocity has been measured 10 times while utilizing the highest velocity combination of:

(1) The lightest commercially available fastener designed for the specific tool.

(2) The strongest commercially available power load that will properly chamber in the tool.

(3) The piston designed for that tool and appropriate for that fastener that will produce an average test velocity from the 10 tests not in excess of 328 feet per second (100m/s) with no single test having a velocity of over 354 feet per second (108m/s).

(J) Misfire. A condition in which the power load fails to ignite after the tool has been operated.

(K) Pole Tool Assembly. An attachment to a powder-actuated tool to facilitate remote operation.

(L) Powder-Actuated Fastening System. A fastening system using a powder-actuated tool, a power load and a fastener.

(M) Powder-Actuated Tool, also known as Tool. A tool that utilizes the expanding gases from a power load to drive a fastener.

(N) Power Load. The energy source used in powder-actuated tools.

(O) Shield. A device, attached to the muzzle end of a tool, which is designed to confine flying particles.

(P) Spalled Area. A damaged and nonuniform concrete or masonry surface, such as one damaged by a blow or a previously unsuccessful fastening.

(Q) Valid Operator's Card. A card issued by a qualified and authorized instructor which certifies the holder of the card has been trained in the proper operation of and is currently authorized to use the tool or tools specified on such card.

Precast Concrete. Concrete members (such as walls, panels, slabs, columns, and beams) which have been formed, cast, and cured prior to final placement in a structure.

Positioning Device System. A body belt or body harness system rigged to allow an employee to be supported on an elevated surface, such as a wall, and work with both hands free while leaning.

Qualified Person, Attendant or Operator. A person designated by the employer who by reason of training, experience or instruction has demonstrated the ability to safely perform all assigned duties and, when required, is properly licensed in accordance with federal, state, or local laws and regulations.

Radiant Energy. Energy that travels outward in all directions from its source.

Railing. A barrier consisting of a top rail and a midrail secured to uprights and erected along the exposed sides and ends of platforms.

Ramp. A surfaced sloping passageway connecting two different levels.

Readily Available. Means in a location with no obstacles to prevent immediate acquisition for use.

Reeving. A rope system in which the rope travels around drums and sheaves.

Reshoring. The construction operation in which shoring equipment (also called reshores or reshoring equipment) is placed, as the original forms and shores are removed, in order to support partially cured concrete and construction loads.

Roofing (or Bearer) Bracket. A bracket used in slope roof construction, having provisions for fastening over the ridge and secured to some suitable object.

Rope. Refers to wire rope unless otherwise specified.

Rope Grab. A deceleration device which travels on a lifeline and automatically, by friction, engages the lifeline and locks so as to arrest the fall of an employee. A rope grab usually employs the principle of inertial locking, cam/level locking, or both.

ROPS. ROPS means roll-over protective structure.

Runway. An elevated passageway.

S.A.E. S.A.E. means Society of Automotive Engineers.

Safety Belt or Harness. A device specifically for the purpose of securing, suspending, or retrieving a worker in or from a hazardous work area.

Safety Factor. Ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use.

Safety Line. One that is provided to protect a worker from falls caused by failure of scaffolds, working platforms, or loss of balance, and shall extend to within 4 feet of ground or other stable surface.

Safety-Monitoring System. A safety system in which a competent person is responsible for recognizing and warning employees of fall hazards.

Self-Retracting Lifeline/Lanyard. A deceleration device containing a drum-wound line which can be slowly extracted from, or retracted onto, the drum under slight tension during normal employee movement, and which, after onset of a fall, automatically locks the drum and arrests the fall.

Safety Strap. A web strap designed specifically for use in conjunction with a linemen's belt as an aid in climbing poles and to secure the employee to the pole in a manner that permits work with both hands.

Scaffolds and Staging.

(A) Scaffold. Any temporary, elevated structure used for the support of a platform.

Note: The term “scaffold” is used with inclusion of the platform and all supporting members when reference is made to loading factors.

Note:

(B) Scaffold, Engineered. Scaffold designed by a Civil Engineer currently registered in the State of California and experienced in scaffold design.

(C) Scaffold, Light-Duty. A scaffold designed and constructed to carry a working load of 25 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.

Note: Load requirements for light-duty interior scaffolds are contained in Section 1640(c)(1).

Note:

(D) Scaffold, Medium-Duty. A scaffold designed and constructed to carry a working load of 50 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.

(E) Scaffold, Heavy-Duty. A scaffold designed and constructed to carry a working load of 75 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.

(F) Scaffold, Special-Duty. A scaffold designed and constructed to carry a working load that exceeds 75 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.

(G) Ledger. The horizontal member of a scaffold that runs at right angles to the wall and directly supports the planking of the platform.

(H) Ribbon. The horizontal member in a scaffold which runs from upright to upright parallel to the building and is normally placed directly under the ledger.

(I) Uprights. The vertical members of a pole scaffold, such as posts, poles, or columns.

(J) Scaffold, Outrigger. A scaffold not suspended by ropes, that is supported by outrigger beams cantilevered out from the structure to which they are anchored.

(K) Scaffold, Suspended. A scaffold suspended from above by ropes or cables and rigged with pulley blocks, winches, or equivalent, so that the scaffold elevation is easily adjustable.

(L) Scaffold, Suspended, Power-Driven. Any suspended scaffold equipped with 1 or more power units for raising or lowering that are a part of and travel with the scaffold.

(M) Thrust-Out. The beam extending out from a structure to support a suspended scaffold.

(N) Stud Jack. A scaffold device of metal with saw-like teeth that grip the stud when the load is applied, and having a cantilevered ledger for the support of a working platform.

(O) Catenary or Stretch Cables. Cables for the support of staging, that are secured at each end and extend in a nearly horizontal plane. The staging is placed on and supported by these cables.

(P) Boatswain's Chair. A seat which may be raised or lowered by means of attached rigging which suspends it and the seated worker from above.

(Q) Working Load. Load imposed by workers, materials and equipment.

(R) Brace. A tie that holds one scaffold member in a fixed position with respect to another.

(S) Coupler. A device for locking together the component parts of a tubular metal scaffold. (The material used for the couplers shall be of a structural type, such as drop-forged steel, malleable iron, or structural grade aluminum.)

(T) Maximum Rated Load. The total of all loads including the working load, the weight of the scaffold, and such other loads that may be reasonably anticipated.

(U) Scaffold, Bricklayer's Square. A scaffold composed of framed wood squares which support a platform.

(V) Scaffold, Carpenter's Bracket. A scaffold consisting of wood or metal brackets that support a platform.

(W) Scaffold, Float. A scaffold hung from overhead supports by means of ropes and usually consisting of a ¾ -inch plywood platform supported by 2 securely fastened bearers.

(X) Scaffold, Horse. A scaffold composed of horses supporting a work platform.

(Y) Scaffold, Interior Hung. A scaffold suspended from the ceiling or roof structure.

(Z) Scaffold, Ladder Jack. A light trade scaffold supported by brackets attached to ladders.

(AA) Scaffold, Manually Propelled Mobile. (See Rolling Scaffold.)

(BB) Scaffold, Needle Beam. (See Outrigger Scaffold.)

(CC) Scaffold, Pole. A scaffold built of one or two rows of vertical members, horizontal ledgers, platform planks, ribbons and braces.

(DD) Scaffold, Rolling. A portable rolling scaffold supported by caster wheels.

(EE) Scaffold, Tube and Coupler. An assembly consisting of tubing which serves as posts, ledgers, ribbons, ties and braces, a base supporting the posts, and special couplers which serve to connect the uprights and to join the various members.

(FF) Scaffold, Tubular Welded Frame. A sectional panel or frame metal scaffold substantially built-up of prefabricated, welded sections which consist of posts and horizontal ledgers with intermediate members.

(GG) Scaffold, Window Jack. A scaffold, the platform of which is supported by a bracket or jack which projects through a window opening.

(HH) Scaffold, Wooden Pole. A scaffold built of one or two rows of vertical members (uprights), horizontal ledgers, platform planks, ribbons and braces. A single pole scaffold consists of one row of uprights and a double pole scaffold consists of two rows of uprights.

Shall. Mandatory.

Sheet Pile. A pile, or sheeting, that may form one of a continuous interlocking line, or a row of timber, concrete, or steel piles, driven in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth, or other materials.

Shore. A supporting member that resists a compressive force imposed by a load.

Should. Recommended.

Side Pull or Side Loading. A load applied at any angle to the vertical plane of the boom.

Single-User Toilet Facility. A toilet facility with a locking mechanism, controlled by the user, with one toilet, or one toilet and one urinal.

Skip. A container with sides in which materials are hoisted.

Snaphook. A connector comprised of a hook-shaped member with a normally closed keeper, or similar arrangement, which may be opened to permit the hook to receive an object and, when released, automatically closes to retain the object.

Stairs, Stairways. A series of steps and landings having 2 or more risers leading from one level or floor to another.

Standard. Standard as referred to ladders, ROPS, railings, etc., means as described elsewhere in the Orders, ultimately based upon standards established by ANSI, SAE, engineers competent in specialized fields, equipment manufacturers and other duly recognized authorities.

Standing Rope (Guy). A supporting rope which maintains a constant distance between the points of attachment to the two components connected by the rope.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story.

Structural Competence. The ability of the machine and its components to withstand the stresses imposed by applied loads.

Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Toeboard. A barrier secured along the sides and ends of a platform at the platform level used to guard against the falling of material.

Trench Jack. Screw, pneumatic or hydraulic type jacks used as cross bracing in a trench shoring system.

Trench Shield. A shoring system composed of plates and bracing, welded or bolted together, which can safely support the walls of a trench from the ground level to the trench bottom and which can be moved along as work progresses.

Unprotected Sides and Edges. Any side or edge (except at entrances to points of access) of a walking/working surface, e.g., floor, roof, ramp, or runway where there is no wall or standard guardrail or protection provided.

Vertical Slip Forms. Forms which are jacked vertically during placement of concrete.

Wall opening. A gap or void 30 inches or more high and 18 inches or more wide, in a wall or partition, through which employees can fall to a lower level.

## Credits

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Note:

History

History

1. Amendment filed 2-15-90; operative 3-17-90 (Register 90, No. 8). For prior history, see Register 87, No. 24.

2. Amendment of subsection (a) filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

3. Amendment of section adding definition for “Competent Person” and amending subsections under Excavation, Trenches, and Earthwork filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

4. Addition of “Handrail,” new subsections (D), (E) and (I) and relettering under Ladders filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

5. New definition “Jacking Operation” filed 8-11-92; operative 9-10-92 (Register 92, No. 33).

6. Amendment of “Qualified Person” definition filed 5-22-95; operative 6-21-95 (Register 95, No. 21).

7. Amendment of definition of “Explosives” filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

8. Amendment of “Lifeline” and adoption of twenty-five new definitions filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

9. Amendment of definition of “Lumber” filed 6-19-2001; operative 7-19-2001 (Register 2001, No. 25).

10. Amendment of definition of “scaffolds and staging” repealing subsections (B) and (C), adding new subsection (B), relettering subsections and amending newly designated subsections (C)-(F), (P) and (DD) filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

11. Amendment of subsection (a) and repealer of definition “Explosives” filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

12. New definition of “Jobsite vehicle” filed 3-5-2008; operative 4-4-2008 (Register 2008, No. 10).

13. Amendment of definition of “Lumber” redesignating subsection (C) as subsection (C)1. and adopting subsections (C)2.-3. filed 11-2-2010; operative 12-2-2010 (Register 2010, No. 45).

14. Amendment of definition of “Ladders” filed 8-5-2011; operative 9-4-2011 (Register 2011, No. 31).

15. Editorial correction of definitions of “Combustible Liquid” and “Flammable Liquid” (Register 2011, No. 32).

16. New definition of “Certified Safety Professional or CSP” filed 8-29-2011; operative 9-28-2011 (Register 2011, No. 35).

17. New definition of “Exhaust retrofit” filed 2-1-2012; operative 3-2-2012 (Register 2012, No. 5).

18. Amendment of definitions of “Combustible Liquid” and “Flammable Liquid” and new definitions of “Fire Area” and “Flash point of the liquid” filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

19. New definition of “Single-User Toilet Facility” filed 3-3-2020; operative 7-1-2020 (Register 2020, No. 10).

20. New definition of “Dedicated Pile Driver” filed 7-26-2022; operative 7-26-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 30). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Section 1505§Sections Approvals.

(a) Approvals.

(1) When the term "approved" is used in these orders, it shall refer to products, materials, devices, systems, or installations that have been approved, listed, labeled, or certified as conforming to applicable governmental or other nationally recognized standards, or applicable scientific principles. The approval, listing, labeling, or certification of conformity, shall be based upon an evaluation performed by a person, firm, or entity with appropriate registered engineering competence or by a person, firm, or entity, independent of the manufacturer or supplier of the product, with demonstrated competence in the field of such evaluation.

EXCEPTION: Where written approval by the Division is required in these orders.

(2) The term "approved" shall also refer to products, materials, devices, systems, or installations that have been approved, listed, labeled, or certified by a Nationally Recognized Testing Laboratory (NRTL).

(b) The division may require proof in addition to that under (a) that the products, materials, devices, systems, or installations will provide reasonable safety under the conditions of use.

(c) When these orders require an approval of products, materials, devices, systems, or installations and that approval is not available under (a), it will be necessary to submit to the division engineering calculations, stress analyses, and other data for each design, model, or make for which an approval is requested. The division will then approve or disapprove the product, material, device, system, or installation as submitted or under specified conditions.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Amendment filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).

3. Amendment of subsection (a) filed 2-15-90; operative 3-17-90 (Register 90, No. 8).

Section 1509§Sections Injury and Illness Prevention Program.

(a) Every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program in accordance with section 3203 of the General Industry Safety Orders.

(b) Every employer shall adopt a written Code of Safe Practices which relates to the employer's operations. The Code shall contain language equivalent to the relevant parts of Plate A-3 of the Appendix.

(c) The Code of Safe Practices shall be posted at a conspicuous location at each job site office or be provided to each supervisory employee who shall have it readily available.

(d) Periodic meetings of supervisory employees shall be held under the direction of management for the discussion of safety problems and accidents that have occurred.

(e) Supervisory employees shall conduct "toolbox" or "tailgate" safety meetings, or equivalent, with their crews at least every 10 working days to emphasize safety.

NOTE: Authority cited: Sections 142.3 and 6401.7, Labor Code. Reference: Sections 142.3 and 6401.7, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

2. Amendment of subsection (b) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of subsection (d) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

4. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

5. Amendment filed 1-16-91; operative 2-15-91 (Register 91, No. 8).

Section 1510§Sections Safety Instructions for Employees.

(a) When workers are first employed they shall be given instructions regarding the hazards and safety precautions applicable to the type of work in question and directed to read the Code of Safe Practices.

(b) The employer shall permit only qualified persons to operate equipment and machinery.

(c) Where employees are subject to known job site hazards, such as, flammable liquids and gases, poisons, caustics, harmful plants and animals, toxic materials, confined spaces, etc., they shall be instructed in the recognition of the hazard, in the procedures for protecting themselves from injury, and in the first aid procedure in the event of injury.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Repealer and new section filed -27-85; effective thirtieth day thereafter (Register 85, No. 40).

Section 1511§Sections General Safety Precautions.

(a) No worker shall be required or knowingly permitted to work in an unsafe place, unless for the purpose of making it safe and then only after proper precautions have been taken to protect the employee while doing such work.

(b) Prior to the presence of its employees, the employer shall make a thorough survey of the conditions of the site to determine, so far as practicable, the predictable hazards to employees and the kind and extent of safeguards necessary to prosecute the work in a safe manner in accordance with the relevant parts of Plate A-2-a and b of the Appendix.

Plate A-2-a and b

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new subsection (a) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

Section 1512§Sections Emergency Medical Services.

Workplace postings

(a) Provision of Services. Where more than one employer is involved in a single construction project on a given construction site, each employer is responsible to ensure the availability of emergency medical services for its employees. The employers on the project may agree to ensure employee access to emergency medical services for the combined work force present at the job site. Such an emergency medical service program shall be adequate to service the combined work force present, but only one emergency medical program need be established at such site.

(b) Appropriately Trained Person. Each employer shall ensure the availability of a suitable number of appropriately trained persons to render first aid. Where more than one employer is involved in a single construction project on a given construction site, the employers may form a pool of appropriately trained persons. However, such pool shall be large enough to service the combined work forces of such employers.

Exception: Engineering contractors or service providers on a job site not engaged in construction activity (e.g., operation of tools, equipment or machinery directly associated with construction) that are in compliance with the requirements of Section 3400(b) of the General Industry Safety Orders.

(c) First-Aid Kit.

(1) Every employer working on or furnishing personnel on a construction project, on line crews and on other short duration or transient jobs shall provide at least one first-aid kit in a weatherproof container. The contents of the first-aid kit shall be inspected regularly to ensure that the expended items are promptly replaced. The contents of the first-aid kit shall be arranged to be quickly found and remain sanitary. First-aid dressings shall be sterile in individually sealed packages for each item. The minimum first-aid supplies shall be determined by an employer-authorized, licensed physician or in accordance with the following Table:

---------

*To be readily available but not necessarily within the first-aid kit.

(2) Other supplies and equipment, when provided, shall be in accordance with the documented recommendations of an employer-authorized, licensed physician upon consideration of the extent and type of emergency care to be given based upon the anticipated incidence and nature of injuries and illnesses and availability of transportation to medical care.

(3) Drugs, antiseptics, eye irrigation solutions, inhalants, medicines, or proprietary preparations shall not be included in first-aid kits unless specifically approved, in writing, by an employer-authorized, licensed physician.

(d) Informing Employees of Emergency Procedures. Each employer shall inform all of its employees of the procedure to follow in case of injury or illness.

(e) Provision for Obtaining Emergency Medical Services. Proper equipment for the prompt transportation of the injured or ill person to a physician or hospital where emergency care is provided, or an effective communication system for contacting hospitals or other emergency medical facilities, physicians, ambulance and fire services, shall be provided. The telephone numbers of the following emergency services in the area shall be posted near the job telephone, telephone switchboard, or otherwise made available to the employees where no job site telephone exists:

(1) A physician and at least one alternate if available.

(2) Hospitals.

(3) Ambulance services.

(4) Fire-protection services.

(f) Emergency Washing Facilities. Where the eyes or body of any person may be exposed to injurious or corrosive materials, suitable facilities for drenching the body or flushing the eyes with clean water shall be conspicuously and readily accessible.

(g) Emergency Call Systems. A two-way voice emergency communication system shall be installed, for buildings and structures five or more floors or 48 feet or more above or below ground level, to notify persons designated in the emergency medical services plan. The location and condition of the employee shall be able to be communicated over the system. The use of the construction passenger elevators for medical emergencies shall take precedence over all other use.

Exception: Where jobsite conditions prevent or impair the communication of the required information over the system, an alternative system acceptable to the Division shall be used.

(h) Basket Litter. At least one basket or equally appropriate litter equipped with straps and two blankets, or other similar warm covering, shall be provided for each building or structure five or more floors or 48 feet or more either above or below ground level.

(i) Written Plan. The employer shall have a written plan to provide emergency medical services. The plan shall specify the means of implementing all applicable requirements in this section. When employers form a combined emergency medical services program with appropriately trained persons, one written plan will be considered acceptable to comply with the intent of this subsection. N

Note:

The provisions of Section 1512 are not intended to exclude immediate treatment of minor injuries which do not require the services of a physician.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 11-1-73; effective thirtieth day thereafter (Register 73, No. 44).

2. Repealer and new section filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

4. Amendment of subsection (a)(1) NOTE filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

5. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

6. Amendment of subsection (g) filed 11-30-92; operative 12-30-92 (Register 92, No. 49).

7. Amendment of subsection (b) filed 4-13-2000; operative 5-13-2000 (Register 2000, No. 15).

8. Change without regulatory effect amending subsection (d) filed 9-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 38).

9. New subsection (i) - Note 2. filed 10-27-2011; operative 10-27-2011. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2011, No. 43).

10. Amendment of subsection (i) Note filed 9-5-2012; operative 10-5-2012 (Register 2012, No. 36).

Section 1513§Sections Housekeeping.

(a) During the course of construction, alteration, or repairs, form and scrap lumber with protruding nails and all other debris shall be kept reasonably cleared from work areas, passageways, and stairs in and around buildings or other structures.

(b) The ground area within 6 feet of a building under construction shall be reasonable free from irregularities wherever it is practicable to attain this condition by grading or similar methods, and open ditches shall be bridged to provide passageways at convenient places.

(c) Material storage areas and walkways on the construction site shall be maintained reasonably free of dangerous depressions, obstructions, and debris.

(d) Combustible debris accumulated within the building or structure shall be removed promptly during the course of construction. Safe means shall be provided to expedite such removal.

(e) Flammable or hazardous wastes shall be placed in covered containers separate from the normal debris.

(f) All waste shall be disposed of at intervals determined by the rate of accumulation and capacity of the job site container.

(g) Waste, materials, or tools shall not be thrown from buildings or structures to areas where employee(s) may be located, unless the area where the material falls is guarded by fences, barricades, or other methods/means to prevent employee(s) from entering and being struck by falling objects. Signs shall be posted to warn employees of the hazard.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) and new subsections (c) and (d) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

3. New subsection (g) filed 8-21-92; operative 9-21-92 (Register 92, No. 34).

Section 1514§Sections Personal Protective Devices.

(a) The employer shall require employees to use the required personal protective equipment.

(b) Personal protective equipment required by these orders shall be approved for its intended use as provided in Section 1505 and distinctly marked so as to facilitate identification of the manufacturer.

Exception: Employer manufactured shields, barriers, etc.

Exception:

(c) Personal protective equipment shall be used in accordance with the manufacturer's instructions.

(d) The employer shall assure that all required safety devices and safeguards, whether employer or employee provided, including personal protective equipment for the eyes, face, head, hand, foot, and extremities (limbs), protective clothing, respiratory protection, protective shields and barriers, comply with the applicable Title 8 standards and are maintained in a safe, sanitary condition.

(e) Protectors shall be of such design, fit and durability as to provide adequate protection against the hazards for which they are designed. They shall be of safe design, construction, reasonably comfortable and shall not unduly encumber the employee's movements necessary to perform their work.

(f) All personal protective equipment shall be selected to ensure that it properly fits each affected employee.

## Credits

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Note

History

History

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of subsection (a) filed 2-6-76; effective thirtieth day thereafter (Register 76, No. 6).

3. Amendment of subsection (a) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

4. Amendment of subsection (a) Note filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

Note

5. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85. No. 40).

6. Amendment of subsections (b), (d) and (e) filed 12-1-2014; operative 4-1-2015 (Register 2014, No. 49).

7. Amendment of subsection (e) and new subsection (f) filed 8-21-2025; operative 10-1-2025. Submitted to OAL for filing and printing only pursuant to Labor Code section 142.3(a)(3) (Register 2025, No. 34).

Section 1518§Sections Protection from Electric Shock.

(a) Suitable protective equipment or devices shall be provided and used on or near energized equipment for the protection of employees where there is a recognized hazard of electrical shock or burns.

(b) When protective insulating equipment is used, it shall comply with the Electrical Safety Orders.

(c) In lieu of other protective equipment, barricades shall be used to provide protection from exposed, energized equipment.

(d) Before work is begun, the employer shall ascertain by inquiry, direct observation, or by instruments, whether any part of an energized electric power circuit, exposed or concealed, is so located that the performance of the work may bring any person, tool or machine into physical or electrical contact with the electric power circuit.

(1) Where such circuits exist, a legible marking shall be made indicating the presence and location of the energized circuit(s), or warning signs shall be posted in accordance with Section 3340 of the General Industry Safety Orders.

(2) The employer shall advise the employee of the location of such energized circuits, the hazards involved, and the protective measures to be taken in accordance with Section 1509 of these Orders. Note:Section 1518(d) applies to electrical installations present on the jobsite which do not involve excavations. For electrical installations involving excavations as defined in Section 1540, see Section 1541.

<General Materials (GM) - References, Annotations, or Tables>

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY 1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

3. Amendment of subsection (c) and new subsections (d)-(d)(2) filed 1-27-2006;operative 2-26-2006 (Register 2006, No. 4).

Section 1519§Sections Sanitation.

Personal protective equipment shall be kept clean and in good repair. Safety devices, including protective clothing worn by the employee, shall not be interchanged among the employees until properly cleaned.

EXCEPTION: Safety devices worn over shoes or outer clothing, no part of which contacts the skin of the wearer, such as metal footguards.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

Section 1521§Sections Ear Protection.

Where required by Section 5096(b) of the General Industry Safety Orders, ear protection shall be provided by the employer and the employer shall require employees to wear the ear protection.

NOTE: Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment filed 2-6-76; effective thirtieth day thereafter (Register 76, No. 6).

3. Amendment filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).

Section 1522§Sections Body Protection.

(a) Appropriate body protection shall be required for those employees whose work exposes them to injurious materials.

NOTE: Employees should be cautioned to wash promptly and thoroughly after exposure to injurious substances.

(b) Clothing appropriate for the work being done shall be worn. Loose sleeves, tails, ties, frills, lapels, cuffs, or other loose clothing shall not be worn around machinery in which it might become entangled.

(c) Clothing saturated or impregnated with flammable liquids, corrosive substances, irritants, or oxidizing agents shall be promptly removed, and shall not be worn until cleaned.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

Section 1523§Sections Illumination.

(a) Construction areas, ramps, corridors, offices, shops and storage areas, etc., shall be lighted to not less than the minimum illumination intensities in the following Table while work is in progress.

### Minimum Illumination Intensities In Foot-Candles

Section 1524§Sections Water Supply.

(a) Potable Water.

(1) An adequate supply of potable water shall be provided in all places of employment.

Note: Additional requirements for the provision of drinking water in outdoor places of employment are contained in Section 3395.

(2) The employer shall take one or more of the following steps to ensure every employee has access to drinking water:

(A) Provide drinking fountains.

(B) Supply single-service cups. Where single-service cups are supplied, a sanitary container for the unused cups and a receptacle for disposing of the used cups shall be provided.

(C) Supply sealed one-time use water containers. Where sealed one-time use water containers are supplied, a receptacle for disposing of the used containers shall be provided.

(D) Ensure re-usable, closable containers are available for individual employee use. Where re-usable containers for individual use are relied upon for compliance with this section, the employer shall ensure the containers are marked to identify the user and maintained in a sanitary condition.

(3) Portable containers used to dispense drinking water to more than one person shall be equipped with a faucet or drinking fountain. Drinking water containers shall be capable of being tightly closed and shall be otherwise designed, constructed and serviced so that sanitary conditions are maintained. Water shall not be dipped from containers.

(4) Any container used to store or dispense drinking water shall be clearly marked as to the nature of its contents and shall not be used for any other purpose.

(5) Re-usable containers for individual use and drinking cups shall not be shared or used in common.

Exception: Re-usable containers for individual use and drinking cups which are safely and effectively cleaned and sanitized between use by different users.

(b) Nonpotable Water.

(1) Nonpotable water shall not be used for the purposes of drinking, washing, or food preparation.

(2) Outlets for nonpotable water, such as water for industrial or firefighting purposes, shall be posted in a manner understandable to all employees to indicate that the water is unsafe and is not to be used for drinking, washing or cooking purposes.

(3) Nonpotable water systems or systems carrying any other nonpotable substance shall be maintained so as to prevent backflow or backsiphonage into a potable water system.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

3. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

4. Amendment filed 7-30-2008; operative 8-29-2008 (Register 2008, No. 31).

Section 1525§Sections Glass.

(a) Employees shall be protected against the hazard of walking through glass by barriers or by conspicuous durable markings.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

3. New NOTE filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

Section 1526§Sections Toilets at Construction Jobsites.

(a) A minimum of one separate toilet facility shall be provided for each 20 employees or fraction thereof of each sex. Such facilities may include both toilets and urinals provided that the number of toilets shall not be less than one half of the minimum required number of facilities.

EXCEPTIONS:

(1) Where there are less than five (5) employees, one (1) single-user toilet facility designated for all-gender use is sufficient.

(2) Each single-user toilet facility designated for all-gender use counts as one of the required separate toilet facilities if all of the following conditions are met: 1) the total number of toilet facilities provided is in accordance with subsection (a); 2) all single-user toilet facilities are designated for all-gender use, and; 3) all multi-user separate toilet facilities are provided in equal number to each sex.

(b) Under temporary field conditions, not less than one toilet shall be available.

(c) Where the provision of water closets is not feasible due to the absence of a sanitary sewer or the lack of an adequate water supply, nonwater carriage disposal facilities shall be provided. Unless prohibited by applicable local regulations, these facilities may include privies (where their use will not contaminate either surface or underground waters), chemical toilets, recirculating toilets, or combustion toilets.

(d) Toilet facilities shall be kept clean, maintained in good working order, designed and maintained in a manner which will assure privacy and provided with an adequate supply of toilet paper.

(e) The requirements of this section shall not apply to mobile crews having readily available transportation to nearby toilet facilities.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

3. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

4. Amendment of subsection (d) filed 1-26-94; operative 2-25-94 (Register 94, No. 4).

5. Repealer and new Exceptions to subsection (a) filed 3-3-2020; operative 7-1-2020 (Register 2020, No. 10).

Section 1527§Sections Washing Facilities, Food Handling, and Temporary Sleeping Quarters.

(a) Washing Facilities.

(1) General. Washing facilities shall be provided as follows: A minimum of one washing station shall be provided for each twenty employees or fraction thereof. Washing stations provided to comply with this requirement shall at all times:

(A) Be maintained in a clean and sanitary condition;

(B) Have an adequate supply of water for effective washing;

(C) Have a readily available supply of soap or other suitable cleansing agent;

(D) Have a readily available supply of single-use towels or a warm-air blower;

(E) Be located and arranged so that any time a toilet is used, the user can readily wash; and

(F) When provided in association with a nonwater carriage toilet facility in accordance with Section 1526(c),

1. Provide a sign or equivalent method of notice indicating that the water is intended for washing; and

2. Be located outside of the toilet facility and not attached to it. Exception to subsection (a)(1)(F)(2.): Where there are less than 5 employees, and only one toilet facility is provided, the required washing facility may be located inside of the toilet facility. Exception to subsection (a)(1): Mobile crews having readily available transportation to a nearby toilet and washing facility.

(2) Washing facilities for hazardous substances. Where employees are engaging in the application of paints or coatings, or in other operations involving substances which may be harmful to the employees, washing facilities shall be provided in near proximity to the worksite and shall be so equipped as to enable employees to remove such substances. Facilities provided to comply with this requirement shall at all times:

(A) Be maintained in a clean and sanitary condition;

(B) Have an adequate supply of water sufficient for effective removal of the hazardous substance from skin surfaces; and

(C) Have a readily available supply of soap, and where necessary to effect removal, special cleansing compounds designed specifically for removal of the hazardous substance from skin surfaces; and

(D) Have a readily available supply of single use towels or a warm-air blower.

(3) Showers. When showering is required by the employer or these orders, the shower shall meet the requirements of Section 3366(f).

(b) Food Handling. All food service facilities and operations shall meet the applicable laws, ordinances, and regulations of the jurisdictions in which they are located

(c) Temporary Sleeping Quarters. When temporary sleeping quarters are provided, they shall be heated, ventilated, and lighted and shall meet the applicable laws, ordinances and regulations of the jurisdictions in which they are located.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

3. Amendment filed 1-6-2003; operative 2-5-2003 (Register 2003, No. 2).

Section 1539§Sections Permits.

For regulations relating to Permits for excavations and trenches, refer to the California Code of Regulations Title 8, Chapter 3.2, Article 2, Section 341 of the California Occupational Safety and Health Regulations (Cal/OSHA).

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-21-72; effective thirtieth day thereafter (Register 72, No. 26).

2. Repealer and new section filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

3. Certificate of Compliance filed 11-22-74 (Register 74, No. 48).

4. Certificate of Compliance refiled 11-27-74 (Register 74, No. 48).

5. Repealer and new section filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

6. Amendment of article heading and section filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

Section 1540§Sections Excavations.

(a) Scope and application. This article applies to all open excavations made in the earth's surface. Excavations are defined to include trenches.

(b) Definitions applicable to this article.

Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered professional engineer.

Aluminum hydraulic shoring. A pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (walers). Such system is designed specifically to support the sidewalls of an excavation and prevent cave-ins.

Bell-bottom pier hole. A type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape.

Benching (Benching system). A method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between levels.

Cave-in. The separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person.

Crossbraces. The horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales.

Excavation. Any man-made cut, cavity, trench, or depression in an earth surface, formed by earth removal.

Faces or sides. The vertical or inclined earth surfaces formed as a result of excavation work.

Failure. The breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities.

Hazardous atmosphere. An atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, oxygen deficient, toxic, or otherwise harmful, may cause death, illness, or injury.

Kickout. The accidental release or failure of a cross brace.

Protective system. A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection.

Ramp. An inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood.

Registered professional engineer. A person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a “registered professional engineer” within the meaning of this standard when approving designs for “manufactured protective systems” or “tabulated data” to be used in interstate commerce.

Sheeting. The members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system.

Shield (Shield system). A structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either premanufactured or job-built in accordance with Section 1541.1(c)(3) or (c)(4). Shields used in trenches are usually referred to as “trench boxes” or “trench shields.”

Shoring (Shoring system). A structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins.

Sides. See “Faces.”

Sloping (Sloping system). A method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away form the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads.

Stable rock. Natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving-in or movement by rock bolts or by another protective system that has been designed by a registered professional engineer.

Structural ramp. A ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps.

Support system. A structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation.

Tabulated data. Tables and charts approved by a registered professional engineer and used to design and construct a protective system.

Trench (Trench excavation). A narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet or less, (measured at the bottom of the excavation), the excavation is also considered to be a trench.

Trench box. See “Shield.”

Trench shield. See “Shield.”

Uprights. The vertical members of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called “sheeting.”

Wales. Horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35). For prior history, see Register 75, No. 21.

2. Amendment of subsection (b)(3) filed 11-18-83; effective thirtieth day thereafter (Register 83, No. 47).

3. Amendment of subsections (b)(2) and (b)(3) filed 5-1-87; operative 5-31-87 (Register 87, No. 19).

4. Repealer and new section filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

5. Editorial correction of subsection (b) - “Cave-in” (Register 2016, No. 35).

Section 1541§Sections General Requirements.

(a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees.

(b) Subsurface installations.

(1) The approximate location of subsurface installations, such as sewer, telephone, fuel, electric, water lines, or any other subsurface installations that reasonably may be expected to be encountered during excavation work, shall be determined by the excavator prior to opening an excavation.

(A) Excavation shall not commence until:

1. The excavation area has been marked as specified in Government Code Section 4216.2 by the excavator; and

2. The excavator has received a positive response from all known owner/operators of subsurface installations within the boundaries of the proposed project; those responses confirm that the owner/operators have located their installations, and those responses either advise the excavator of those locations or advise the excavator that the owner/operator does not operate a subsurface installation that would be affected by the proposed excavation.

(B) When the excavation is proposed within 10 feet of a high priority subsurface installation, the excavator shall be notified by the facility owner/operator of the existence of the high priority subsurface installation before the legal excavation start date and time in accordance with Government Code Section 4216.2(a), and an onsite meeting involving the excavator and the subsurface installation owner/operator's representative shall be scheduled by the excavator and the owner/operator at a mutually agreed on time to determine the action or activities required to verify the location of such installations. High priority subsurface installations are high pressure natural gas pipelines with normal operating pressures greater than 415 kPA gauge (60 p.s.i.g.), petroleum pipelines, pressurized sewage pipelines, conductors or cables that have a potential to ground of 60,000 volts or more, or hazardous materials pipelines that are potentially hazardous to employees, or the public, if damaged.

(C) Only qualified persons shall perform subsurface installation locating activities, and all such activities shall be performed in accordance with this section and Government Code Sections 4216 through 4216.9. Persons who complete a training program in accordance with the requirements of Section 1509, Injury and Illness Prevention Program (IIPP), that meets the minimum training guidelines and practices of the Common Ground Alliance (CGA) Best Practices, Version 3.0, published March 2006, or the standards of the National Utility Locating Contractors Association (NULCA), Standard 101: Professional Competence Standards for Locating Technicians, 2001, First Edition, which are incorporated by reference, shall be deemed qualified for the purpose of this section.

(D) Employees who are involved in the excavation operation and exposed to excavation operation hazards shall be trained in the excavator notification and excavation practices required by this section and Government Code Sections 4216 through 4216.9.

(2) All Regional Notification Centers as defined by Government Code Section 4216(j) in the area involved and all known owners of subsurface facilities in the area who are not members of a Notification Center shall be advised of the proposed work at least 2 working days prior to the start of any digging or excavation work. EXCEPTION: Repair work to subsurface facilities done in response to an emergency as defined in Government Code Section 4216(d).

(3) When excavation or boring operations approach the approximate location of subsurface installations, the exact location of the installations shall be determined by safe and acceptable means that will prevent damage to the subsurface installation, as provided by Government Code Section 4216.4.

(4) While the excavation is open, subsurface installations shall be protected, supported, or removed as necessary to safeguard employees.

(5) An excavator discovering or causing damages to a subsurface installation shall immediately notify the facility owner/operator or contact the Regional Notification Center to obtain subsurface installation operator contact information immediately after which the excavator shall notify the facility operator. All breaks, leaks, nicks, dents, gouges, grooves, or other damages to an installation's lines, conduits, coatings or cathodic protection shall be reported to the subsurface installation operator. If damage to a high priority subsurface installation results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health or property, the excavator responsible shall immediately notify 911, or if 911 is unavailable, the appropriate emergency response personnel having jurisdiction. The facility owner/operator shall also be contacted.

Note: The terms excavator and operator as used in Section 1541(b) shall be as defined in Government Code Section 4216(c) and (h) respectively. The term “owner/operator” means an operator as the term “operator” is defined in Government Code Section 4216(h).

(c) Access and egress.

(1) Structural ramps.

(A) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be constructed in accordance with the design.

(B) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent displacement.

(C) Structural members used for ramps and runways shall be of uniform thickness.

(D) Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping.

(E) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments to the top surface to prevent slipping.

(2) Means of egress from trench excavations.

A stairway, ladder, ramp or other safe means of egress shall be located in trench excavations that are 4 feet or more in depth so as to require no more than 25 feet of lateral travel for employees.

(d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high-visibility material.

(e) Exposure to falling loads. No employee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be required to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with Section 1591(e), to provide adequate protection for the operator during loading and unloading operations.

(f) Warning system for mobile equipment. When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the excavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If possible, the grade should be away from the excavation.

(g) Hazardous atmospheres.

(1) Testing and controls. In addition to the requirements set forth in the Construction Safety Orders and the General Industry Safety Orders to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requirements shall apply:

(A) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet in depth.

(B) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions include providing proper respiratory protection or ventilation.

(C) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of 20 percent of the lower flammable limit of the gas.

(D) When controls are used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe.

(2) Emergency rescue equipment.

(A) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation. This equipment shall be attended when in use.

(B) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a lifeline securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually attended at all times while the employee wearing the lifeline is in the excavation.

(3) Whenever internal combustion engine-driven equipment is operated inside a shaft subject to Section 1542 of these Orders, a ventilation system shall be provided and operated in accordance with Sections 1530 and 1533(b) of these Orders.

Note: For shafts greater than 20 feet in depth and excavations unrelated to the Construction Safety Orders, refer to Title 8, Division 1, Chapter 4, Subchapter 20, the Tunnel Safety Orders.

(h) Protection from hazards associated with water accumulation.

(1) Employees shall not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water accumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline.

(2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation.

(3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with Sections 1541 (h)(1) and (h)(2).

(i) Stability of adjacent structures.

(1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of such structures for the protection of employees.

(2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when:

(A) A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or

(B) The excavation is in stable rock; or

(C) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees.

(3) Sidewalks, pavements and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures.

(j) Protection of employees from loose rock or soil.

(1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose material; installation of protective barricades at intervals as necessary on the face to stop and contain falling material; or other means that provide equivalent protection.

(2) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.

(k) Inspection.

(1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rain storm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.

(2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety.

(l) Fall protection.

(1) Where employees or equipment are required or permitted to cross over excavations over 6-feet in depth and wider than 30 inches, walkways or bridges with standard guardrails shall be provided.

(2) Adequate barrier physical protection shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or covered. Upon completion of exploration and other similar operations, temporary wells, pits, shafts, etc., shall be backfilled.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 4216, Government Code.

HISTORY

1. Repealer and new section filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35). For prior history, see Registers 75, No. 21; 74, No. 35; and 74, No. 17.

2. Repealer and new section filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

3. Change without regulatory effect amending subsection (h)(3) filed 10-22-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 43).

4. Amendment of subsections (c)(2) and (l)(1) filed 1-24-94; operative 2-23-94 (Register 94, No. 4).

5. Change without regulatory effect amending subsection (b)(2) filed 2-10-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).

6. Editorial correction restoring amendment to subsection (l)(7) (Register 94, No. 16).

7. Change without regulatory effect amending subsection (l)(1) filed 11-3-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 45).

8. Amendment of subsections (b)-(b)(1) and (b)(2)-(4) and new subsections (b)(1)(A)-(D) and (b)(5) filed 3-1-2007; operative 3-31-2007 (Register 2007, No. 9).

9. New subsection (g)(3) filed 5-1-2012; operative 5-31-2012 (Register 2012, No. 18).

Section 1541.1§Sections Requirements for Protective Systems.

(a) Protection of employees in excavations.

(1) Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with Section 1541.1(b) or (c) except when:

(A) Excavations are made entirely in stable rock; or

(B) Excavations are less than 5 feet in depth and examination of the ground by a competent person provides no indication of a potential cave-in.

(2) Protective systems shall have the capacity to resist without failure all loads that are intended or could reasonably be expected to be applied or transmitted to the system.

(b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of Section 1541.1(b)(1), Section 1541.1(b)(2), Section 1541.1(b)(3), or Section 1541.1(b)(4), as follows:

(1) Option (1) - Allowable configurations and slopes.

(A) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below.

(B) Slopes specified in Section 1541.1(b)(1)(A) shall be excavated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this article.

(2) Option (2) - Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in Appendices A and B to this article.

(3) Option (3) - Designs using other tabulated data.

(A) Designs of sloping or benching systems shall be selected from and be in accordance with tabulated data, such as tables and charts.

(B) The tabulated data shall be in written form and shall include all of the following:

1. Identification of the parameters that affect the selection of a sloping or benching system drawn from such data;

2. Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe;

3. Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data.

4. At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Division upon request.

(4) Option (4) - Design by a registered professional engineer.

(A) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under Section 1541.1(b) shall be stamped and signed by a registered professional engineer.

(B) Designs shall be in written form and shall include at least the following:

1. The magnitude of the slopes that were determined to be safe for the particular project;

2. The configurations that were determined to be safe for the particular project;

3. The identity of the registered professional engineer approving the design.

(C) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Division upon request.

(c) Design of support systems, shield systems, and other protective systems. Designs of support systems, shield systems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of Section 1541.1(c)(1); or, in the alternative, Section 1541.1(c)(2); or, in the alternative, Section 1541.1(c)(3); or, in the alternative, Section 1541.1(c)(4) as follows:

(1) Option (1) - Designs using Appendices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in Appendices A and C to this article. Designs for aluminum hydraulic shoring shall be in accordance with Section 1541.1(c)(2), but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with Appendix D.

(2) Option (2) - Designs Using Manufacturer's Tabulated Data.

(A) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the manufacturer.

(B) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manufacturer issues specific written approval.

(C) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Division upon request.

(3) Option (3) - Designs using other tabulated data.

(A) Designs of support systems, shield systems, or other protective systems shall be selected from and be in accordance with tabulated data, such as tables and charts.

(B) The tabulated data shall be in written form and include all of the following:

1. Identification of the parameters that affect the selection of a protective system drawn from such data;

2. Identification of the limits of use of the data;

3. Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data.

(C) At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Division upon request.

(4) Option (4) - Design by a registered professional engineer.

(A) Support systems, shield systems, and other protective systems not utilizing Option 1, Option 2, or Option 3, above, shall be approved by a registered professional engineer.

(B) Designs shall be in written form and shall include the following:

1. A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and

2. The identity of the registered professional engineer approving the design.

(C) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Division upon request.

(d) Materials and equipment.

(1) Materials and equipment used for protective systems shall be free from damage or defects that might impair their proper function.

(2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the recommendations of the manufacturer, and in a manner that will prevent employee exposure to hazards.

(3) When material or equipment that is used for protective systems is damaged, a competent person shall examine the material or equipment and evaluate its suitability for continued use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a registered professional engineer before being returned to service.

(e) Installation and removal of supports.

(1) General.

(A) Members of support systems shall be securely connected together to prevent sliding, falling, kickouts, or other predictable failure.

(B) Support systems shall be installed and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system.

(C) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand.

(D) Before temporary removal of individual members begins, additional precautions shall be taken to ensure the safety of employees, such as installing other structural members to carry the loads imposed on the support system.

(E) Removal shall begin at, and progress from, the bottom of the excavation. Members shall be released slowly so as to note any indication of possible failure of the remaining members of the structure or possible cave-in of the sides of the excavation.

(F) Backfilling shall progress together with the removal of support systems from excavations.

(2) Additional requirements for support systems for trench excavations.

(A) Excavation of material to a level no greater than 2 feet below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system.

(B) Installation of a support system shall be closely coordinated with the excavation of trenches.

(f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other employees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment.

(g) Shield systems.

(1) General.

(A) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand.

(B) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads.

(C) Employees shall be protected from the hazard of cave-ins when entering or exiting the areas protected by shields.

(D) Employees shall not be allowed in shields when shields are being installed, removed, or moved vertically.

(2) Additional requirements for shield systems used in trench excavations. The sides of the shield shall extend a minimum of 18 inches above the vertical walls of compound excavations as shown in Appendix B, figures B-1, B-1.2 and B-1.3. On vertically cut trenches, the shield shall extend to at least the catch point of the trench. Excavations of earth material to a level not greater than 2 feet below the bottom of a shield shall be permitted, but only if the shield is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield.

(h) Uprights shall extend to the top of the trench with the lower end of the upright not more than 2 feet from the bottom of the trench.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Section 142.3, Labor Code

Section 142.3, Labor Code

HISTORY

1. New section including Appendices A-F filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

2. Change without regulatory effect amending Appendix B, subsection (c)(3)(C) filed 6-29-92; operative 7-29-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 27).

section 100, title 1, California Code of Regulations

3. Change without regulatory effect amending Appendix A, subsection (b), Soil classification system filed 10-22-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 43).

section 100, title 1, California Code of Regulations

4. Change without regulatory effect amending subsection (b)(1)(B) filed 12-18-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 51).

section 100, title 1, California Code of Regulations

5. Editorial correction restoring subsection (g)(1)(A) (Register 97, No. 6).

6. Amendment of subsections (b) and (b)(4)(A), new subsection (g)(1)(A), and amendment of subsection (g)(2) filed 3-5-97; operative 4-4-97 (Register 97, No. 10).

7. New subsection (h) and amendment of Appendix D, subsection (g)(7) filed 4-9-2001; operative 5-9-2001 (Register 2001, No. 15).

8. Change without regulatory effect clarifying graphics in Appendices B and E filed 7-14-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 29).

section 100, title 1, California Code of Regulations

9. Editorial correction of Appendix A, subsection (d)(1)(B) (Register 2010, No. 34).

10. Editorial correction of Appendix A, subsection (d)(2)(E)2. (Register 2010, No. 50).

11. Change without regulatory effect amending Appendix A, subsection (d)(2)(B) filed 12-12-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 50).

section 100, title 1, California Code of Regulations

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Appendix F

Section 1542§Sections Shafts.

(a) General.

(1) All wells or shafts over 5 feet in depth into which employees are permitted to enter shall be retained with lagging, spiling, or casing.

EXCEPTION: Exploration shafts; see Section 1542 (d).

(2) The lagging, spiling or casing shall extend at least one foot above ground level and shall be provided the full depth of the shaft or at least five feet into solid rock if possible.

(3) All wells, pits, shafts, caissons, etc. shall be barricaded or securely covered.

(4) Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall be backfilled.

(b) Small Shafts in Hard Compact Soil.

Two-inch (nominal) cribbing may be used in square shafts not over 4 feet square in hard compact soil. Each member shall be cut 1/2 way through the width of the member and dovetailed into position so each member will act as a shore as well as lagging. Strips shall be nailed in each corner to prevent the boards from dropping down.

(c) Shafts in Other Than Hard Compact Soil.

(1) A system of lagging supported by braces and corner posts shall be used for square or rectangular shafts. Corner posts of 4-inch by 4-inch material are normally acceptable in shafts 4 feet square, or smaller, if they are braced in each direction with horizontal 4-inch by 4-inch members at intervals not exceeding 4 feet. Braces and corner posts in larger shafts shall be correspondingly larger as determined by a civil engineer.

(2) Round shafts shall be completely lagged with 2-inch material which is supported at intervals not greater than 4 feet by means of adjustable rings of metal or timber that are designed to resist the collapsing force, or cased in a manner that provides equivalent protection.

(d) Exploration Shafts. Only a geotechnical specialist shall be permitted to enter an exploration shaft without lagging, spiling or casing for the purpose of subsurface investigations under the following conditions:

(1) Initial Inspection. The type of materials and stability characteristics of the exploration shaft shall be personally observed and recorded by the geotechnical specialist during the drilling operation. Potentially unsafe exploration shafts shall not be entered.

(2) Surface Casing. The upper portion of the exploration shaft shall be equipped with a surface ring-collar to provide casing support of the material within the upper 4 feet of the exploration shaft. The ring-collar shall extend at least 1-foot above the ground surface.

(3) Gas Tests. Prior to entry into exploration shafts, tests and/or procedures shall be instituted to assure that the atmosphere within the shaft does not contain dangerous air contamination or oxygen deficiency. These tests and/or procedures shall be maintained while working within the shaft to assure that dangerous air contamination or oxygen deficiency will not occur. (See Section 5156 of the General Industry Safety Orders.)

(4) Unstable Local Conditions. The geotechnical specialist shall not descend below any portion of any exploration shaft where caving or groundwater seepage is noted or suspected.

(5) Ladder and Cable Descents. A ladder may be used to inspect exploration shafts 20 feet or less in depth. In deeper exploration shafts, properly maintained mechanical hoisting devices with a safety factor of at least 6 shall be provided and used. Such devices shall be under positive control of the operator being positive powered up and down with fail-safe brakes.

(6) Emergency Standby Employee. An emergency standby employee shall be positioned at the surface near the exploration shaft opening whenever a geotechnical specialist is inside the shaft.

(7) Communication. A two-way, electrically-operated communication system shall be in operation between the standby employee and the geotechnical specialist whenever boring inspections are being made in exploration shafts over 20 feet in depth or when ambient noise levels make communication difficult.

(8) Safety Equipment. The following safety equipment shall be used to protect the geotechnical specialist:

(A) An approved safety harness which will suspend a person upright and that is securely attached to the hoist cable.

(B) A 12-inch to 18-inch diameter steel coneshaped headguard/deflector that is attached to the hoist cable above the harness.

(C) A hoist cable having a minimum diameter of 5/16 inches.

(D) Approved head protection. (See Section 1515.)

(9) Electrical Devices. All electrical devices used within the exploration shaft by the geotechnical specialist shall be approved for hazardous locations.

(10) Surface Hazards. The storage and use of flammable or other dangerous materials shall be controlled at the surface to prevent them from entering the exploration shaft.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (e) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

3. Amendment of subsection (a) and new subsection (e) filed 11-12-82; effective thirtieth day thereafter (Register 82, No. 46).

4. Repealer of subsection (a) NOTE, adoption of subsections (a)(3) and (a)(4), repealer of subsection (d) text and relettering filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

5. Change without regulatory effect amending subsection (a)(1) filed 8-19-92; operative 8-19-92 (Register 92, No. 34).

6. Editorial correction of printing error restoring designation of subsection (d) (Register 92, No. 34).

7. Change without regulatory effect amending subsection (a)(1) Exception filed 2-22-93; operative 3-24-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 9).

Section 1543§Sections Cofferdams.

(a) If overtopping of the cofferdam by high waters is possible, means shall be provided for controlled flooding of the work area.

(b) Warning signs for evacuation of employees in case of emergency shall be developed and posted.

(c) Cofferdam walkways, bridges, or ramps with at least two means of rapid exit, shall be provided with guardrails as specified in Section 1620.

(d) Cofferdams located close to navigable shipping channels shall be protected from vessels in transit, where possible.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section142.3, Labor Code.

HISTORY

1. New section filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 3). For history of former section, see Registers 82, No. 35 and 70, No.48.

2. Adoption of NOTE filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

Section 1620§Sections Design and Construction of Railings.

Railings required by these Orders, except as otherwise provided, shall conform to the following standards:

(a) Railings shall be constructed of wood or in an equally substantial manner from other materials, and shall consist of the following:

(1) A top rail not less than 42 inches or more than 45 inches in height measured from the upper surface of the top rail to the floor, platform, runway or ramp.

(2) A mid-rail shall be halfway between the top rail and the floor, platform, runway or ramp when there is no wall or parapet wall at least 21 inches (53 cm) high.

(A) Screens, mesh, intermediate vertical members, solid panels or equivalent members, may be used in lieu of a mid-rail subject to the following:

1. Screens and mesh, when used, shall extend from the top rail to the floor, platform, runway or ramp and along the entire opening between top rail supports.

2. Intermediate vertical members (such as balusters), when used between posts, shall be installed such that there are no openings greater than 19 inches (48 cm) wide.

3. Other intermediate members (such as solid panels, or equivalent members) shall be installed such that there are no openings that are more than 19 inches (.5 m) wide.

(b) Wood railings.

(1) "Selected lumber" (see definitions), free from damage that affects its strength, shall be used for railings constructed of wood.

(2) Wood posts shall be not less than 2 inches by 4 inches in cross section, spaced at 8-foot or closer intervals.

(3) Wood top railings shall be smooth and of 2-inch by 4-inch or larger material. Double, 1-inch by 4-inch members may be used for this purpose, provided that one member is fastened in a flat position on top of the posts and the other fastened in an edge-up position to the inside of the posts and the side of the top member. Mid-rails shall be of at least 1-inch by 6-inch material.

(4) The rails shall be placed on that side of the post which will afford the greatest support and protection.

(c) All railings, including their connections and anchorage, shall be capable of withstanding without failure, a force of at least 200 pounds applied to the top rail within 2 inches of the top edge, in any outward or downward direction, at any point along the top edge.

(1) When the 200 pound test load is applied in a downward direction, the top edge of the guardrail shall not deflect to a height less than 39 inches above the walking/working level.

(d) Mid-rails, screens, mesh, intermediate vertical members, solid panels, and equivalent members shall be capable of withstanding, without failure, a force of at least 150 pounds (666 N) applied in any downward or outward direction at any point along the mid-rail, screen, mesh, or other intermediate member.

(e) Railings exposed to heavy stresses from employees trucking or handling materials shall be provided additional strength by the use of heavier stock, closer spacing of posts, bracing, or by other means.

(f) The ends of the rails shall not overhang the terminal posts, except where such overhang does not constitute a projection hazard.

(g) Railings shall be so surfaced as to prevent injury to an employee from punctures or lacerations, and to prevent snagging of clothing.

(h) Steel banding and plastic banding shall not be used as top rails or mid-rails.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsection (d) and renumbering of subsections (e)-(i) to subsections (d)-(h) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12). For prior history, see Register 76, No. 41.

2. Amendment of subsection (c) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

3. New subsection (i) filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

4. Editorial correction reinstating inadvertently omitted subsection (e) (Register 98, No. 25).

5. Amendment of article heading, section heading and section filed 4-20-2007; operative 5-20-2007 (Register 2007, No. 16).

6. Editorial correction of subsection (c)(1) (Register 2007, No. 44).

Section 1621§Sections Railings and Toeboards.

(a) Unless otherwise protected, railings as set forth in Section 1620 shall be provided along all unprotected and open sides, edges and ends of all built-up scaffolds, runways, ramps, rolling scaffolds, elevated platforms, surfaces, wall openings, or other elevations 7 1/2 feet or more above the ground, floor, or level underneath.

EXCEPTIONS:

(1) Float and ladder jack scaffolds.

(2) Bricklayers' and masons' scaffolds used in accordance with Sections 1641 (e) and 1644(a)(6).

(3) During demolition on the floor or surface being demolished.

(b) A standard toeboard shall be 4 inches (nominal) minimum in vertical height from its top edge to the level of the floor, platform, runway, or ramp. It shall be securely fastened in place and have not more than 1/4-inch clearance above floor level. It may be made of any substantial material, either solid, or with openings not over one inch in greatest dimension. Toeboards shall be provided on all open sides and ends of railed scaffolds at locations where persons are required to work or pass under the scaffold and at all interior floor, roof, and shaft openings.

NOTE: Except for structural steel crafts.

(c) Where material is piled to such height that a standard toeboard does not provide protection, paneling or screening from floor to intermediate rail or top rail shall be provided. Where such paneling or screening extend to the toprail, midrails may be omitted.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (a) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

3. Amendment of subsection (a) filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 10).

4. Amendment of subsections (b) and (c) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

5. Change without regulatory effect amending subsection (a) filed 7-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 50).

6. Amendment of subsection (a) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

Section 1623§Sections Wheelbarrow Runways.

Ramps or runways over three feet high, used for wheelbarrows, shall be not less than two feet, six inches wide and secured at each end to prevent ramp from sliding. Platform planks shall be firmly cleated together.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment and renumbering of Section 1625 filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Editorial Correction (Register 81, No. 12).

4. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

Section 1624§Sections Runways for Foot Traffic.

(a) Except as provided elsewhere, ramps or runways erected for the use of workmen shall be not less than 20 inches in width, and shall be secured and supported so as to avoid deflection and springing action.

(b) Securely fastened cleats or other means shall be used on inclined runways sloped two feet in 10 feet or more to improve the footing. Where cleats are used, they shall be eight inches or more in length and not more than 16 inches apart.

(c) When planks are used for raised walkways, runways, or sidewalks, they shall be secured against displacement. Planks shall be uniform in thickness and all exposed ends shall be provided with beveled cleats to prevent tripping.

EXCEPTION: The use of beveled cleats on scaffold platforms is not required.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment and renumbering of Section 1626 filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Repealer and new subsection (c) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment of subsection (b) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

Section 1625§Sections Powered Buggy Runways.

Ramps or runways erected for the use of power-driven concrete buggies shall be capable of supporting at least four times the maximum load to be imposed. Curbs of four inch by four inch lumber, or a member of similar size made from laminated two inch by four inch members, shall be securely fastened on the runway edges. Such runways shall be at least five feet wide between the curbs and, where necessary, shall provide turn-outs sufficiently wider to permit safe meeting or passing of buggies.

NOTE: See Plate B-17, Appendix, for required slope of ramps; and Article 29, Section 1717 (a)(2) for design load requirements.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment and renumbering of Section 1627 filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

Section 1626§Sections Stairwells and Stairs.

(a) General.

(1) Stairways shall be al least 24 inches in width and shall be equipped with stair rails, handrails, treads, and landings.

(2) Railings and toeboards meeting the requirements of Article 16 of these safety orders shall be installed around stairwells.

(b) The following requirements apply to all stairways as indicated:

(1) Temporary stairways that will not be a permanent part of the structure on which construction work is being performed shall be at least 24 inches in width. The stairway shall have landings at each floor, or level, of not less than 30 inches in the direction of travel and extend at least 24 inches in width at every 12 feet or less of vertical rise.

(2) Stairs shall be installed between 30o and 50o from horizontal.

(3) Riser height and tread depth shall be uniform within each flight of stairs, including any foundation structure used as one or more treads of the stairs. Variations in riser height or tread depth shall not be over 1/4-inch (0.6 cm) on any stairway.

(4) Where doors or gates open directly on a stairway, a platform shall be provided, and the swing of the door shall not reduce the effective width of the platform to less than 20 inches (51 cm).

(5) Unprotected sides and edges of stairway landings shall be provided with railings. Design criteria for railings are prescribed in Section 1620 of these safety orders.

(6) Metal pan landings and metal pan treads, when used, shall be secured in place before filling with concrete or other material.

(7) All parts of stairways shall be free of hazardous projections, such as protruding nails.

(8) Slippery conditions on a stairway shall be eliminated before the stairway is used to reach another level.

(c) Stair rails and handrails. The following requirements apply to all stairways as indicated:

(1) Stairways having four or more risers or rising more than 30 inches (76 cm), whichever is less, shall be equipped with:

(A) At least one handrail; and

(B) A stair rail consisting of a top rail and mid-rail along each unprotected side or edge.

(2) Winding and spiral stairways shall be equipped with a handrail offset sufficiently to prevent walking on those portions of the stairways where the tread width is less than 6 inches (15 cm).

(3) The height of stair rails shall be not less than 34 inches nor more than 38 inches from the upper surface of the stair rail to the surface of the tread, in line with the face of the riser at the forward edge of the tread.

(4) Mid-rails shall be located at a height midway between the top edge of the stair rail and the stairway steps.

(A) Screens, mesh, or other material, when used in lieu of mid-rails, shall extend from the top rail to the stairway step, and along the entire opening between top rail supports.

(B) Other structural members, when used, shall be installed such that there are no openings in the stair rail that are more than 18 inches (46 cm) wide.

(5) Handrails and the top rails of stair rails shall be capable of withstanding, without failure, a force of at least 200 pounds (890 n) applied within 2 inches (5 cm) of the top edge, in any downward or outward direction, at any point along the top edge.

(6) The height of handrails shall be not less than 34 inches nor more than 38 inches from the upper surface of the handrail to the surface of the tread, in line with the face of the riser at the forward edge of the tread.

(7) When the top edge of a stair rail also serves as a handrail, the height of the top edge shall be not less than 34 inches nor more than 38 inches from the upper surface of the stair rail to the surface of the tread, in line with the face of the riser at the forward edge of the tread.

(8) Stair rails and handrails shall be so surfaced as to prevent injury to employees from punctures or lacerations, and to prevent snagging of clothing.

(9) Handrails shall provide an adequate handhold.

(10) The ends of stair rails, handrails and mid-rails shall be constructed so as not to constitute a projection hazard.

(11) Handrails that will not be a permanent part of the structure being built shall have a minimum clearance of 3 inches (8 cm) between the handrail and walls, stair rails, and other objects.

(d) Temporary Service. The following requirements apply to all stairways as indicated:

(1) Except during stairway construction, foot traffic is prohibited on stairways with pan stairs where the treads and/or landings are to be filled in with concrete or other material at a later date, unless the stairs are temporarily fitted with wood or other solid material at least to the top edge of each pan.

(2) Except during stairway construction, foot traffic is prohibited on skeleton metal stairs where permanent treads and/or landings are to be installed at a later date, unless the stairs are fitted with secured temporary treads and landings long enough to cover the entire tread and/or landing area.

(3) Treads for temporary service shall be made of wood or other solid material, shall cover the full width and depth of the stair and shall be supported to prevent undue deflection.

(4) Temporary treads and landings shall be replaced when worn below the level of the top edge of the pan.

<General Materials (GM) - References, Annotations, or Tables>

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY 1. New section filed 2-11-72; effective thirtieth day thereafter; former Section 1626 renumbered Section 1624 (Register 72, No. 7).

2. Repealer of subsection (g) and new subsections (g) and (h) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of subsection (c) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

4. Repealer and new subsections (f) and (g) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

5. Amendment of subsection (a) filed 4-3-2002; operative 5-3-2002 (Register 2002, No. 14).

6. Repealer and new section filed 4-20-2007; operative 5-20-2007 (Register 2007, No. 16).

Section 1629§Sections Stairways and Ladders.

(a) General.

(1) In all buildings or structures 2 or more stories or 24 feet or more in height or depth, suitable permanent or temporary stairways shall be installed as required in Section 1629(b).

Exception: At those locations where unusual site conditions prevail, an alternate effective means of access acceptable to the Division may be afforded.

(2) For the purpose of this Section, scaffolds shall not be considered to be structures.

(3) Stairways, ramps or ladders shall be provided at all points where a break in elevation of 18 inches or more occurs in a frequently traveled passageway, entry or exit.

(4) A minimum of 1 stairway shall be provided for access and exit for buildings and structures to 3 stories or 36 feet; if more than 3 stories or 36 feet, 2 or more stairways shall be provided.

(A) When a building or structure has only one stairway between levels, that stairway shall be kept clear to permit free passage of employees.

(B) Where two or more stairways are provided and work is being performed in the stairways, at least one stairway shall be maintained clear for access between levels at all times. Note:For stairway access at demolition projects, refer to Article 31 of these safety orders. Exceptionfor subsection (a)(4): 1. At those locations where unusual site conditions prevail, an alternate effective means of access acceptable to the Division may be afforded.

(5) Stairways shall conform to the criteria shown in Plate B-17, Appendix and Article 17 of these safety orders.

(6) Spiral stairways that are not part of the permanent structure shall not be used.

(7) Sufficient illumination on all stairways, providing at least five (5) foot-candles of light on the steps, shall be maintained. All lamps providing stairway illumination shall be substantially guarded either physically or by location.

(b) Buildings.

(1) Wood Frame Buildings.

(A) The stairway to a second or higher floor shall be completed before studs are raised to support the next higher floor.

(B) Cleats shall not be nailed to studs to provide access to and egress from roof or other work areas.

(2) Steel Frame Buildings. Stairways shall extend to the uppermost floor that has been planked or decked. Ladders may be used above that point.

(3) Reinforced Concrete or Composite Steel -Concrete Buildings. Stairways shall extend to the lowermost floor upon which a complete vertical shoring system is in place. A minimum of two ladders at different locations for each floor may be used above this floor but not to exceed three floors.

(4) Roof and attic work areas of all buildings shall be provided with a safe means of access and egress, such as stairways, ramps or ladders that conform to the provisions of Article 25 of these safety orders.

(c) Ladder Use.

(1) Single cleat ladders shall not exceed 30 feet in length.

(2) Where ladders are allowed as primary access or exit as in (b) above from a working area for 25 or more employees, or simultaneous two-way traffic is expected, double cleat ladders shall be installed. Double cleat ladders shall not exceed 24 feet in length.

(3) Side rails of all ladders shall extend at least 3 feet above the landing or level they serve.

(4) Ladders and their use shall also conform to Article 25 of these Safety Orders.

<General Materials (GM) - References, Annotations, or Tables>

Note: Authority and reference cited: Section 142.3, Labor Code.

HISTORY 1. New section filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Repealer and new section filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of subsection (c)(2) filed 10-14-75 as procedural and organizational; effective upon filing (Register 75, No. 42).

4. Amendment of subsection (b) filed 3-19-79; effective thirtieth day after filing (Register 79, No. 12).

5. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

6. New subsection (a)(6) filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

7. Amendment of subsection (c)(2) filed 3-26-2001; operative 4-25-2001 (Register 2001, No. 13).

8. Amendment filed 4-20-2007; operative 5-20-2007 (Register 2007, No. 16).

Section 1630§Sections Elevators for Hoisting Workers.

(a) In addition to the stairways required in Section 1629, a construction passenger elevator for hoisting workers shall be installed and in operation on or in any building, or structure, designed to be 60 feet or more in height above or 48 feet in depth below ground level when completed. The elevator shall be installed and operational when the building or structure reaches 36 feet in height. The building or structure height shall be determined by measuring from ground level to the highest structural level including the parapet walls, mechanical rooms, stair towers and elevator penthouse structures but excluding antennas, smokestacks, flag poles and other similar attachments.

The building or structure depth shall be determined by measuring from ground level to the lowest floor level excluding local depression such as sumps and elevator pits.

Ground level, for the purposes of this section, is defined as the level of the primary construction entrance to the building or structure.

When computing the height, the depth shall not be considered; and when computing the depth of the building or structure, the height shall not be considered. If the height is at 60 feet or more above or at 48 feet or more below ground level, a construction elevator(s) shall be installed to serve both locations.

EXCEPTIONS:

(1) Scaffolds and falsework.

(2) At work locations where unusual site conditions or unusual structure configurations exist, alternate means of access in conformance with Section 1630(c) shall be permitted.

NOTE: For the purposes of this Section, unusual site conditions and structure configurations are considered to exist at those work locations where the installation of a construction passenger elevator is not feasible.

EXAMPLES:

Unusual site conditions or structure configurations are bridges, steel tank erection, dams, water towers, antennas, cooling towers, refinery towers, stacks, prefabricated parking structures, tower cranes, etc.

(b) Construction passenger elevators shall be installed, operated and maintained in compliance with Article 14 of the Construction Safety Orders.

(c) At unusual site conditions or structure configurations, the Division shall permit alternate means of access, consisting of one or more, but not limited to, the following:

(1) Use of personnel platforms designed, constructed, and operated as specified by Section 5004 of the General Industry Safety Orders, and only under the conditions permitted by the general requirements of that section.

(2) Use of suspended power-driven scaffolds where employees are protected by safety belts secured to independent safety lines by means of a descent control device acceptable to the Division.

(3) Use of appropriate vehicle-mounted elevating and rotating work platforms.

(4) Use of other means, such as inclined elevators, etc. acceptable to the Division, presented in written form and acceptance granted prior to use.

(d) Landings shall be provided for the passenger elevator on or in buildings or structures at the upper-most floor and at intervals not to exceed 3 floors or 36 feet.

NOTE: Other landing locations acceptable to the Division may be substituted where the design of the building or structure make the above impractical.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment of subsections (a) and (b) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of section title and subsection (a) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment of subsection (a) filed 3-27-79; effective thirtieth day thereafter (Register 79, No. 12).

5. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

6. Amendment of subsection (a) filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).

7. Amendment of subsection (c) filed 9-5-79 as procedural and organizational; effective upon filing (Register 79, No. 36).

8. Repealer and new section filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).

9. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

10. Amendment of subsection (c)(1) filed 12-22-97; operative 1-21-98 (Register 97, No. 52).

11. Amendment of subsection (a) filed 7-27-2020; operative 7-27-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 31).

Section 1632§Sections Floor, Roof, and Wall Openings to Be Guarded.

(b)(1) Floor, roof and skylight openings shall be guarded by either temporary railings and toeboards or by covers.

Note: Requirements for guarding existing skylights are found in Section 3212(e) of the General Industry Safety Orders.

(2) Temporary railing and toeboards shall meet the requirements of Sections 1620 and 1621. The railing shall be provided on all exposed sides, except at entrances to stairways.

(3) Covers shall be capable of safely supporting the greater of 400 pounds or twice the weight of the employees, equipment and materials that may be imposed on any one square foot area of the cover at any time. Covers shall be secured in place to prevent accidental removal or displacement, and shall bear a pressure sensitized, painted, or stenciled sign with legible letters not less than one inch high, stating: “Opening--Do Not Remove.” Markings of chalk or keel shall not be used.

(c) Ladderway floor openings or platforms shall be guarded by standard railings with standard toeboards on all exposed sides, except at entrance to opening, with the passage through the railing either provided with a swinging gate or so offset that a person cannot walk directly into the opening.

(d) Hatchways and chute floor openings shall be guarded by one of the following:

(1) Hinged covers of standard strength and construction and a standard railing with only one exposed side. When the opening is not in use, the cover shall be closed or the exposed side shall be guarded at both top and intermediate positions by removable standard railings.

(2) A removable standard railing with toeboard on not more than two sides of the opening and fixed standard railings with toeboards on all other exposed sides. The removable railing shall be kept in place when the opening is not in use and should preferably be hinged or otherwise mounted so as to be conveniently replaceable.

(e) Pits and trap-door floor openings shall be guarded by floor opening covers of standard strength and construction. While the cover is not in place the pit or trap openings shall be protected on all exposed sides by movable standard railings.

(f) Manhole floor openings shall be guarded by standard covers which need not be hinged in place. While the cover is not in place, the manhole opening shall be protected by standard railings.

(g) Temporary floor openings shall have standard railings.

(h) Floor holes, into which persons can accidentally walk, shall be guarded by either a standard railing with standard toeboard on all exposed sides, or a floor hole cover of standard strength and construction that is secured against accidental displacement. While the cover is not in place, the floor hole shall be protected by standard railing.

(i) Where doors or gates open directly on a stairway, a platform shall be provided and the swing of the door shall not reduce the effective width of the platform to less than 20 inches.

(j) Wall openings, from which there is a drop of more than 4 feet, and the bottom of the opening is less than 3 feet above the working surface, shall be guarded as follows:

(1) When the height and placement of the opening in relation to the working surface is such that either a standard rail or intermediate rail will effectively reduce the danger of falling, one or both shall be provided;

(2) The bottom of a wall opening, which is less than 4 inches above the working surface, regardless of width, shall be protected by a standard toeboard or an enclosing screen either of solid construction or as specified in this section.

(k) An extension platform outside a wall opening onto which materials can be hoisted for handling shall have side rails or equivalent guards of standard specifications. One side of an extension platform may have removable railings in order to facilitate handling materials.

(l) When a chute is attached to an opening, the provisions of this section shall apply, except that a toeboard is not required.

(m) Wall opening protection shall meet the following requirements:

(1) Barriers shall be of such construction and mounting that, when in place at the opening, the barrier is capable of withstanding a load of at least 200 pounds applied in any direction (except upward).

(2) Screens shall be of such construction and mounting that they are capable of withstanding a load of at least 200 pounds applied horizontally at any point on the near side of the screen. They may be of solid construction, of grill work with openings not more than 8 inches long, or of slat work with openings not more than 4 inches wide with length unrestricted.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (d)-(h) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment of subsection (a) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

4. Amendment of subsection (b) and repealer of subsection (e) and subsection relettering filed 5-2-96; operative 6-1-96 (Register 96, No. 18).

5. Amendment of subsection (b) filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).

6. Redesignation and amendment of subsection (b) as subsections (b)(1) and (b)(3) and new subsection (b)(2) filed 7-7-2004; operative 8-6-2004 (Register 2004, No. 28).

Section 1633§Sections Elevator Shafts to Be Guarded.

(a) All elevator shafts in which cages are not installed and which are not enclosed with solid partitions and doors shall be guarded on all open sides by standard railings and toeboards.

(b) Overhead protection shall be provided at all times when persons are employed in the shaft and other workmen area above them.

(c) In a shaft, if one elevator is put into service before the others are completed, such elevator(s) in use shall be separated from the other elevators by a continuous partition of solid material, or a wire screen with mesh not larger than 2 inches.

(d) Temporary platforms, such as false cars, shall cover approximately the full area of the shaft. Standard railings shall be provided when opening between platform and structure exceeds 16 inches.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (d) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

2. Editorial correction of printing error in subsection (i) (Register 86, No. 45).

Section 1637§Sections General Requirements.

(a) Scaffolds shall be provided for all work that cannot be done safely by employees standing on permanent or solid construction at least 20 inches wide, except where such work can be safely done from ladders.

Exceptions:

1. Work of a limited nature and of short duration when the permanent or solid construction is less than 20 inches in width and the fall distance does not exceed 15 feet in height and provided adequate risk control is recognized and maintained under competent supervision.

2. Work of a short duration from joists or similar members at 2 feet or closer centers, planks resting on these members forming a plank platform 12 inches wide or equivalent protection.

(b) Scaffold Design and Construction.

(1) Scaffolds shall be constructed of wood or other suitable materials such as steel or aluminum members of known strength characteristics. Where materials other than wood are used, or where scaffold designs differ from those specified in these Orders, the scaffold and its parts must provide a degree of strength, rigidity and safety equivalent to that provided by the described scaffold it replaces.

(2) Each scaffold shall be designed and constructed using a dead load safety factor that will ensure the scaffold supports, without failure, its own weight and 4 times the maximum intended working (live) load applied or transmitted to it. Maximum intended working loads shall be as follows:

(A) Light-duty scaffolds: 25 pounds per square foot of work platform.

Exception: Light-duty interior scaffolds shall adhere to the loading requirements contained in Section 1640(c)(1).

(B) Medium-duty scaffolds: 50 pounds per square foot of work platform.

(C) Heavy-duty scaffolds: 75 pounds per square foot of work platform.

(D) Special-duty scaffolds: exceeding 75 pounds per square foot of work platform as determined by a qualified person or a Civil Engineer currently registered in the State of California and experienced in scaffold design.

(E) Engineered scaffolds: as determined by a Civil Engineer currently registered in the State of California and experienced in scaffold design.

(3) A scaffold shall not be subjected to loads greater than its maximum intended working load (see 1637(b)(2)).

(4) Manufactured scaffolds shall be used in accordance with the manufacturer's recommendations.

Exception: Where specific requirements that address riding on a rolling scaffold in Section 1646(i) and (j) may conflict with the manufacturer's recommendations, the provisions in Section 1646(i) and (j) take precedence.

(5) A qualified person shall determine the maximum intended working loads for scaffolds that are neither manufactured nor engineered.

(6) The maximum intended working load for each scaffold shall be posted at a conspicuous location at each jobsite or be provided to each supervisory employee who shall have it readily available at the jobsite.

(c) Anchorage and bracing shall be such that scaffolds and falsework will be prevented from swaying, tipping, or collapsing.

(d) Scaffold lumber, except for planks, used on suspended or ladder-jack scaffolds, shall be the equivalent of “selected lumber,” free from damage that affects its strength. (See definitions for lumber specifications.)

(e)(1) Extension planking of the finger type shall be made with at least 5 fingers on each side. These fingers shall be at least 1-inch by 2 1/8-inch selected straight-grained Douglas fir or material of equal strength. All metal fittings shall be adequate to maintain the structural qualities of the device.

(2) The length of the extended planking shall not exceed 12 feet 6 inches, and the actual mechanical overlap between the 2 halves shall be not less than 1/8 of the length of the extended planking. A substantial stop shall be provided to maintain this overlap.

(3) Not more than one employee shall be permitted at one time on any extension planking that is more than 3 feet in height.

(4) Extension planking shall not be used as a platform on ladder-jack, suspended, or other unstable scaffolds.

(f) This subsection provides minimum labeling, design and construction requirements for scaffold planking, such as solid sawn planks, manufactured platforms of wood (including laminated planks), metal planking, and planking manufactured from other materials.

(1) Except as specified in other Orders, all solid sawn planking shall be at least equivalent to 2-inch x 10-inch (nominal) lumber selected for scaffold grade plank as defined in Section 1504, Lumber - “Structural Plank.”

(2)(A) The maximum permissible spans for Douglas Fir and Southern Pine planking for 2 x 10-inch (nominal) or 2 x 9-inch (rough) planks shall be as shown in the following Table:

(B) The maximum permissible spans allowed for other wood species of scaffold planking shall not exceed 10 feet and shall be determined by a licensed professional engineer.

(3)(A) All manufactured scaffold planking including, but not limited to, engineered wood products, laminated veneer lumber, metal, composite, plastic, or any other manufactured planks shall be capable of supporting, without failure, its own weight and 4 times the maximum intended working (live) load.

(B) Manufactured planks with spans in excess of 10 feet shall be labeled to indicate the maximum intended working (live) load.

(C) Manufactured scaffold planks shall be used in accordance with the manufacturer's specifications.

(4) Prior to being placed in service, all laminated veneer lumber scaffold planks, manufactured after December 2, 2010 shall be labeled with the seal of an independent, nationally recognized, inspection agency approved by the International Accreditation Services (IAS) certifying compliance with ASTM D 5456-09a and ANSI/ASSE A10.8-2001, Section 5.2.10.

Note: ASTM D 5456-09a is the standard for the evaluation of structural composite lumber products. ANSI/ASSE A10.8-2001, Section 5.2.10. requires the inspection agency to certify that laminated veneer lumber scaffold planks are compliant with the design criteria in the ANSI/ASSE A10.8 standard.

(5) Prior to being placed into service, all solid sawn wood scaffold planks shall be certified by, or bear the grade stamp of, a grading agency approved by the American Lumber Standards Committee.

(6) All scaffold planks shall be visually inspected for defects before use each day.

(7) Defective or damaged scaffold planks shall not be used and shall be removed from service.

(g) Except as specified in other Orders, a scaffold plank shall not overhang its support by more than 18 inches, unless access to this overhanging portion is prevented by a guardrail, or other barrier, or unless the other plank end is securely anchored.

(h) Inspection of Lumber. All scaffold lumber shall be visually inspected for defects before and during use. Defective lumber shall not be used.

(i)(1) Nailing. All nailed joints in scaffolds and wooden falsework must contain enough properly placed nails of ample size to carry the loads they are intended to support.

(2) Nailed joints or connections shall not be used to support concrete hoppers with a capacity in excess of 1/2 cubic yard.

(3) Double-headed nails shall not be used for attaching railings or in other service where the projections might catch on the clothing of workers or create similar hazards.

(4) No nail smaller than 8-penny shall be used in the construction of scaffolding.

(5) All nails shall be driven full length or to the first head when double-headed nails are used.

(6) The minimum number of nails per connection shall be in accordance with the following table:

(7) Lubricated or wax-coated nails shall not be used in the construction of scaffolds, falsework, or other temporary installations.

(j) Prohibited Types of Scaffolds. Lean-to or jack scaffolds, shore scaffolds, nailed brackets, loose tile, loose brick, loose blocks, stilts, or other similar unstable objects shall not be used as working platforms, or for the support of such platforms. See Plate B-40, Appendix.

Exception: Bricklayer's “jump boards” no higher than 20 inches above the regular scaffold platform are acceptable for such service when supported by piers of carefully piled bricks or concrete blocks.

(k) Erection and Dismantling.

(1) The erection and dismantling of scaffolds or falsework shall be performed under the supervision and direction of a qualified person.

Note: In addition to persons meeting the requirements of “qualified persons” as defined in Section 1504, person(s) possessing a certification of competence in scaffold erection, dismantling and use issued by trade associations, State-approved apprenticeship or training programs or other similar training programs shall be considered a “qualified person(s).”

(2) Erection and dismantling of scaffolds shall be performed in accordance with good engineering practice. Where engineering design is required by these orders, the engineering drawings shall be made available at the job site during erection or upon request by the Division.

(3) All required ties to the structure shall be installed as soon as the scaffold has been completed to the tie-in area during erection.

(4) Ties shall only be removed during dismantling as the work progresses downward unless other methods are used to prevent the scaffold from falling over.

(5) No structural members shall be removed from scaffolds during dismantling operations below the level being dismantled.

(6) Where work platforms are proposed, guardrails shall be installed before other work not directly related to scaffold erection is permitted to begin.

(7) The requirements of Section 1637(k) (2) through (6), inclusive, may be temporarily suspended for short durations, provided adequate risk control is recognized and maintained under immediate, competent supervision.

(l) Removal of Braces. Scaffolds or falsework installations shall not be altered by removing uprights, braces, or supports unless other members providing equivalent strength are substituted.

(m) Loading. Scaffolds shall not be overloaded. Material shall not be allowed to accumulate to the extent that a scaffold is subjected to loading it is not designed to support.

(n) Access.

(1) A safe and unobstructed means of access, such as a walkway, stair, or ladder shall be provided to all scaffold platforms.

(2) Climbing ladders or stairways on scaffolds used for access and egress shall be affixed or built into the scaffold by proper design and engineering, and shall be so located that their use will not disturb the stability of the scaffold.

(A) Manufactured hook-on and attachable ladders shall be securely attached to the scaffold and:

1. Shall be specifically designed for the type of scaffold used;

2. Shall have a minimum rung length of 11-1/2 inches (29 cm);

3. Shall have uniform spaced rungs with a maximum spacing between rungs of 16-3/4 inches;

4. Shall be positioned so that their bottom rung is not more than 24 inches (61 cm) above the scaffold supporting level; and

5. When hook-on and attachable ladders are used on a supported scaffold more than 35 feet (10.7 m) high, they shall have rest platforms at 35-foot (10.7 m) maximum vertical intervals.

(B) If a ladder is used as a means of access to the scaffold, it shall be securely attached and shall comply with Article 25 of the Construction Safety Orders.

(C) Permanent stairways shall comply with the applicable provisions of the General Industry Safety Orders. Prefabricated scaffold steps or stairs, manufactured on or before May 28, 2005, shall comply with the design, manufacture and installation requirements of either the American National Standard ANSI A10.8-1988, Scaffolding-Safety Requirements, or the ANSI/ASSE A10.8-2001, Safety Requirements for Scaffolding, which are hereby incorporated by reference. Prefabricated scaffold steps or stairs, manufactured after May 28, 2005, shall comply with the design, manufacture and installation requirements of ANSI/ASSE A10.8-2001, Safety Requirements for Scaffolding.

(D) Horizontal members of end frames may be designed and used as a climbing device provided that the steps are:

1. Reasonably parallel and level.

2. Arranged to form a continuous ladder as required in Section 1644(a)(8).

3. Provided with sufficient clearance to provide a good handhold and foot space.

(o) Sloped Platforms. Platforms shall not be sloped more than 2 feet vertically to 10 feet horizontally and shall be positively secured against slipping from supports.

(p) Slippery Conditions. No worker shall be permitted to work on a scaffold platform where slippery conditions exist unless such conditions are a necessary part of the work.

(q) Overhead Protection. Workers on scaffolds who are exposed to overhead hazards shall be provided with overhead protection or other means that will effectively eliminate the hazard.

(r) Bolted Connections. Bolts used in the construction of scaffolds shall be of a size and in sufficient numbers at each connection to develop the designed strength of the scaffold. (See Plate B-31, Appendix.)

(s) Hoisting of Materials. Where materials are line-hoisted onto a scaffold, a tag line shall be used where necessary to control the load.

(t) Platform Planks at Corners. When a scaffold materially changes its direction, the platform planks shall be laid to prevent tipping. The planks that meet the corner ledger at an angle shall be laid first, extending over the diagonally placed ledger far enough to have a good safe bearing, but not far enough to involve any danger from tipping. The planking running in the opposite direction at an angle shall be laid so as to extend over and rest on the first layer of planking.

(u) Work on or from scaffolds is prohibited during storms or high winds unless a qualified person has determined that it is safe for employees to be on the scaffold and those employees are protected by a personal fall arrest system, as defined in Section 1504 of these Orders, or wind screens. Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces imposed.

(v) Wood platforms shall not be covered with opaque finishes, except that platform edges may be covered or marked for identification. Platforms may be coated periodically with wood preservatives, fire-retardant finishes, and slip-resistant finishes; however, the coating may not obscure the top or bottom wood surfaces.

(w) Platforms, including, but not limited to, those consisting of solid sawn wood planks, engineered wood products, laminated veneer lumber, metal, composite, plastic, or any other manufactured planks, shall not deflect more than 1/60 of the span when loaded to the manufacturer's recommended maximum load.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsections (i) and (l) filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

4. Amendment of subsection (n)(2)(B) filed 3-19-99; operative 4-18-99 (Register 99, No. 12).

5. New subsections (u) and (v) filed 4-6-2001; operative 5-6-2001 (Register 2001, No. 14).

6. New subsection (b), redesignation of former subsection (b) as new subsection (b)(1) and new subsections (b)(2)-(6) filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

7. New subsections (n)(2)(A)-(n)(2)(A)3., subsection relettering and amendment of newly designated subsections (n)(2)(C) and (n)(2)(D)2. filed 4-28-2005; operative 5-28-2005 (Register 2005, No. 17).

8. New subsection (b)(4) Exception filed 7-31-2009; operative 8-30-2009 (Register 2009, No. 31).

9. New subsection (f), amendment of subsection (f)(1), redesignation and amendment of subsection (f)(2) as subsection (f)(2)(A), new subsection (f)(2)(B), repealer of subsections (f)(3)-(4) and new subsections (f)(3)(A)-(f)(7) and (w) filed 11-2-2010; operative 12-2-2010 (Register 2010, No. 45).

10. Amendment of subsections (n)(2)(A)2.-3. and new subsections (n)(2)(A)4.-5. filed 6-5-2017; operative 6-5-2017. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2017, No. 23).

Section 1640§Sections Light-Duty Wooden Pole Scaffolds.

(a) Pole scaffolds to be used by carpenters, lathers, shinglers, painters, plasterers, sheet metal workers, or other trades not using heavy tools or storing heavy materials on the scaffolds, shall be constructed as follows:

(See Plate B-18, Appendix)

(b) Light-Duty Exterior Scaffolds.

(1) Uprights. For heights not to exceed 20 feet, the uprights shall be 2-inch by 4-inch lumber or heavier, spaced not more than 3 feet between uprights at right angles to the wall and not more than 10 feet center to center, parallel to the wall. The inside uprights may be omitted and ledgers attached to the permanent structure, provided that the method of attaching the ledgers to the permanent structure will make the connection as secure as though the ledger were nailed to the upright with 5 8-penny nails. The splices of uprights shall be made with square butt joints, and scabs of 1-inch by 4-inch or heavier material at least 48 inches long shall be nailed on 2 sides of each upright with 6 nails in each 1/2 of each scab. If the uprights of the scaffold rest on a surface that might cause slipping, a continuous sill or other means shall be provided to hold the uprights in place. When the scaffold is resting on earth or other such material, the uprights shall rest on and be secured to the equivalent of a 2-inch by 10-inch by 10-inch wooden base. Note:1 1/8-inch by 10-inch by 10-inch piece of exterior grade plywood may be used in lieu of the wooden base mentioned above.

(2) Ledgers and Ribbons. The platforms of the scaffold shall be supported by ledgers. For ledgers spanning not more than 3 feet between uprights, use 2 pieces of 1-inch by 6-inch board, 1 being on each side of the uprights and fastened securely at each point of support. Single 2-inch by 4-inch ledgers are not permitted. Vertical spacing of ribbons and ledgers shall not exceed 7 feet. The ribbons shall be 1-inch by 6-inch or heavier material, placed on the outer uprights, directly under, and in contact with, the ledgers. The ribbons shall be long enough to extend from upright to upright without splices. Exceptions: 1. When metal ledgers are used or when ledgers are bolted or when a 45-degree angle brace is nailed to the uprights between double ledgers, and ledgers also nailed to this brace, the ribbon may be placed at other elevations such as guardrail height, but they cannot be eliminated from the scaffold. 2. Metal ledgers and ribbons that are part of a patented scaffold system may be used when installed in accordance with the manufacturer's instructions.

(3) Ties and Braces. The scaffold shall be securely tied to the building or structure by means of a double looped No. 12 iron wire, or single looped No. 10 iron wire or 1-inch by 4-inch boards with at least 2 nails at each connection or equivalent means. Ties shall connect to the inside uprights and shall not be more than 20 feet apart horizontally and vertically. The outside line of uprights shall contain sufficient diagonal bracing of 1-inch by 6-inch material in a vertical plane across the entire face of the scaffold in both directions to prevent swaying, tipping, or collapsing. (See Appendix Plate B-18).

Exception: Bracing of 2-inch by 4-inch material may be used provided that the bracing extends from ledger to next higher or lower ledger or from ledger to sill in the form of an ”X” in the end bays and in every third bay in between so that the “X” bracing also extends from the upper-most ledger to the sill, vertically, in each of these bays.

(4) Railing. Open sides and ends of intermediate working levels 7 1/2 feet or more above grade shall be guarded by a 2-inch by 4-inch top rail nailed to the uprights so that the top edge is between 42 inches and 45 inches above the platform. Midrails of at least 2-inch by 4-inch material are required at all work levels. The uppermost platform shall be protected by a top rail consisting of double 2-inch by 4-inch members. One member shall be fastened in a flat position on top of the uprights and the other member shall be fastened in an edge-up position to the inside of the uprights and at the side of the top member. A single 2-inch by 4-inch member having an allowable bending stress of at least 1,900 psi may be used as a top rail.

(5) Platforms.

(A) Platform planks shall be of 2-inch by 10-inch or larger material and of such length that they overlap the ledgers at each end by at least 6 inches. A plank shall not overlap an unsupported end of another plank. The working platform shall cover the entire space between scaffold uprights, except for the open area under the backrailing, which shall not be more than 8 inches wide. Platforms shall be at least 20 inches wide and within 14 inches of the structure wall. When moving platforms to the next level, the old platform shall be left undisturbed until the new ledgers have been set in place ready to receive the platform planks.

Exception: A single 2-inch by 10-inch plank may be used for light trades work up to a height of 4 feet.

(B) Working platforms for light-trades work may be made of 3/4-inch Douglas fir plywood instead of 2-inch plank if the platform is at least 2 feet wide, nailed in place and supported on cross members at 4-foot or closer intervals along its length.

(c) Light-Duty Interior Scaffolds.

(1) Loading. For scaffolds of the following design, the imposed load on the platform area shall not apply more than 1,500 pounds to any 1 ledger or a single upright, and the total load on the whole platform area shall not average more than 15 pounds per square foot.

(2) Uprights.

(A) For heights not to exceed 20 feet the uprights shall be 2-inch by 4-inch lumber, or heavier. For heights between 20 feet and 60 feet, the uprights shall be 3-inch by 4-inch lumber, or heavier, except for the top 20 feet which may be 2-inch by 4-inch material. The horizontal distance between uprights shall not exceed 10 feet measured either parallel or at right angles to the direction of the platform planks.

(B) If uprights are spliced, the joints must conform to that described in subsection 1640(b)(1), and they shall be located near a point where ribbons are attached or where equivalent lateral support is provided. Pairs of horizontal ribbons at right angles to one another are required at vertical intervals of 7 feet, or less.

(3) Ledgers and Ribbons. The platform of the scaffold shall be supported by ledgers made of one piece of 2-inch by 10-inch or heavier material, placed with the edge upward. The ribbons shall be 1-inch by 6-inch or heavier material, placed on all uprights directly under and in contact with the ledgers. Additional horizontal ribbons, in pairs at right angles to one another, shall be provided at lower levels in order to provide lateral support for all uprights at vertical intervals not greater than 7 feet.

(4) Diagonal Braces. Each line of uprights shall contain sufficient diagonal bracing of 1-inch by 6-inch material in vertical planes, lengthwise and crosswise, to prevent swaying, tipping, or collapsing. If the scaffold extends to and bears against the walls of the building, the horizontal ribbons and ledgers may provide adequate support without diagonal braces, but provision must always be made for adequate lateral stability.

(5) Platforms.

(A) The platform shall consist of 2-inch by 10-inch or larger planks laid closely together. There shall be no other openings in the platform except those necessary for the passage of employees and material. Unless nailed in place, planks shall be of such length that they overlap the ledgers at each end by at least 6 inches. A plank shall not overlap an unsupported end of another plank.

(B) Working platforms shall cover the entire space between scaffold uprights, except for the open area under the backrailing which shall not be more than 8 inches.

(C) Platforms shall extend within 14 inches of the finished face of the building.

(D) Douglas fir plywood that is 3/4 inch thick, or thicker, may be used for platforms if the panels are 4 feet wide, or wider, and are supported on ledgers or crossmembers at 4-foot or closer intervals.

(6) Railings. Open sides of working levels 7 1/2 feet or more above grade shall be provided with top rails and midrails as specified in Subsection 1640(b)(4). When scaffold platforms are erected in sections it is necessary for workers to travel between these sections, such sections shall be provided with connecting runways equipped with railings as described in Section 1620.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (f)(2)(B) (Register 70, No. 48).

2. Repealer and new section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

5. Amendment of section heading and subsection (b), redesignation and amendment of former subsection (b)(5)(C) as new subsection (c) and amendment of newly designated subsection (c)(1) filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE B-14 Table 1 Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 12006, Health and Safety Code.

HISTORY

1. Repealer and new Plate B-14 filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 30).

2. Repealer and new Plate B-14 filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

3. Amendment transferring Plate B-14 - Table 1 to section 5352 - Table EX-1 filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

Plate B-14 Table 2 Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 12006, Health and Safety Code.

HISTORY

1. Repealer filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE B-14a Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Plate B-14a filed 6-26-97; operative 7-26-97 (Register 97, No. 26). For prior history, see Register 85, No. 30.

2. Amendment transferring Plate B-14a to section 5352 - Table EX-3 filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE B-15

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

History

1. Repealer of Plates B-15-a and B-15-b and new Plate B-15 filed 7-8-81; effective thirtieth day thereafter (Register 81, No. 28).

2. Amendment of NOTE filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 30).

3. Repealer and new Plate B-15 filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

4. Amendment transferring Plate B-15 (tables 1-5) to section 5306 filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE C-26-a Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 30).

2. Repealer of Plate C-26-a filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE C-27 Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-27 filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

2. Transfer of Plate C-27 to section 5304 and new Note filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

Section 1641§Sections Heavy-Trade Wooden Pole Scaffolds.

(a) Pole scaffolds to be used by bricklayers, stonemasons, concrete workers, or other trades using heavy tools or storing heavy material on the scaffold shall be constructed as follows:

(See Plate B-19, Appendix):

(b) When buggies are used on scaffolds to transport concrete, a strong scaffold shall be designed that is capable of supporting a concentrated load equal to the weight of a loaded buggy at any point on girders, beams, or planking.

(c) Uprights. For heights not to exceed 20 feet, the uprights shall be of 4-inch by 4-inch lumber or heavier material, with a space of 4 feet between uprights at right angle to the wall and not more than 7 feet, center to center, parallel to the wall. The splices of 4-inch by 4-inch uprights shall be made with square butt joints, and scabs of 2-inch by 4-inch material at least 48 inches long shall be nailed in place on 2 sides with 6 nails in each 1/2 of each scab. Uprights laminated from 2-inch by 4-inch material are acceptable if the joints of each lamination are staggered, and either reinforced by scabs or so arranged that they occur at or near ribbon attachment points. If the uprights rest on a surface that might cause slipping, a continuous sill or other means shall be provided to hold the uprights in place. When the scaffold is resting on earth or other such material, the uprights shall rest on and be secured to the equivalent of a 2-inch by 10-inch by 10-inch wooden base.

Note: A 1 1/8-inch by 10-inch by 10-inch piece of exterior grade plywood may be used in lieu of the wooden base mentioned above.

(d) Ledgers and Ribbons.

(1) The platform shall be supported by ledgers and ribbons, nailed or bolted to the uprights. For ledgers spanning not more than 4 feet between uprights, use either 1 piece of 2-inch by 6-inch lumber securely fastened at each point of support or 2 pieces of 1-inch by 6-inch board, 1 being on each side of the uprights and fastened securely at each point of support.

(2) Ribbons shall be 1-inch by 6-inch or heavier material securely fastened to both inside and outside uprights directly under and in contact with the ledgers. Vertical spacing of ribbons and ledgers shall not exceed 7 feet. Ribbons shall be long enough to extend from upright to upright without splices.

(e) Railing. Open sides and ends of working levels 7 1/2 feet or more above grade shall be provided with top rails and midrails as specified in subsection 1640(b)(4).

EXCEPTION: That side of bricklayers' and masons' scaffolds adjacent to the work under construction provided that the wall is higher than the adjacent work platform.

(f) Ties and Braces.

(1) The scaffold shall be rigidly tied to the building or structure by means of a double looped No. 12 iron wire, or single looped No. 10 iron wire or equivalent or stronger material used in combination with spacer blocks between inside uprights and the structure. Ties shall connect to the inside uprights, and they shall be not more than 15 feet apart vertically or horizontally.

(2) The entire scaffold shall be rigidly braced with 1-inch by 6-inch boards, and every part thereof so secured as to prevent swaying, tipping, or collapsing. The diagonal bracing shall extend in both directions across the entire outside vertical face. (See Appendix Plate B-19.)

(g) Platforms.

(1) The platform shall be not more than 4 feet wide, constructed of planks at least 2 inches thick and 10 inches wide, laid closely together. Platform planks that are butt-ended (not overlapped) must be nailed to ledgers consisting of 2-inch by 6-inch or heavier material. If the planks are not nailed, they shall be of such length that they overlap the ledgers at each end by at least 6 inches. A plank shall not overlap an unsupported end of another plank. The working platform shall cover the entire space between scaffold uprights except for the open area under the backrailing, which shall not be more than 8 inches.

(2) Platforms shall extend within 14 inches of the finished face of the building, except those used primarily by bricklayers and stonemasons shall extend to within 7 inches of the finish face of the building on which the work is being performed.

(3) When moving platforms to the next level, the old platform shall be left undisturbed until the new ledgers have been set in place ready to receive the platform planks.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46.)

2. Amendment of subsections (a), (d), and (e) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment of subsection (c) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

4. Amendment of subsection (c) filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 10).

5. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

6. Editorial correction to insert subsection (a) indicator (Register 91, No. 23).

Section 1642§Sections Schedules of Timber Scaffolds up to 60 Feet in Height.

(Listed lumber sizes are those required for the specified spans; other sizes may be used for different spans, if equivalent strength is provided.) ``` Light Heavy Interior Trades Trades Uprights for scaffolds not over 20'in height........... 2"x4" 2"x4" 4"x4" Uprights for scaffolds 20' to 60'in height................. 3"x4" 3"x4" 4"x6" Ribbons directly under ledgers.. 1"x6" 1"x6" 1"x6" Ledgers......................... 2"x10" 2--1"x6" 2--1"x6" or 1--2"x6" Spacing uprights, transverse, at right angles to platform planks.......................... 10' 3' in clear 4' in clear Spacing uprights, longitudinal, parallel to direction of platform planks.......................... 10' 10' 7' Spacing ribbons or ledgers, vertical........................ 7'0" max. 7'0" max. 7'0" max. Splice pieces 48" long (for uprights).................. 2--1"x4" or 2--1"x4" or 2--2"x4" (2--2"x4") (2--2"x4") Braces.......................... 1"x6" 1"x6" 1"x6" Railing......................... 2"x4" 2"x4" 2"x4" Toeboard........................ 1"x4" 1"x4" 1"x4" Width of platform............... 10' 3' max. 4' max. Planking 2" thick and at least 10" wide ```

``` Light Heavy Interior Trades Trades Uprights for scaffolds not over 20'in height........... 2"x4" 2"x4" 4"x4" Uprights for scaffolds 20' to 60'in height................. 3"x4" 3"x4" 4"x6" Ribbons directly under ledgers.. 1"x6" 1"x6" 1"x6" Ledgers......................... 2"x10" 2--1"x6" 2--1"x6" or 1--2"x6" Spacing uprights, transverse, at right angles to platform planks.......................... 10' 3' in clear 4' in clear Spacing uprights, longitudinal, parallel to direction of platform planks.......................... 10' 10' 7' Spacing ribbons or ledgers, vertical........................ 7'0" max. 7'0" max. 7'0" max. Splice pieces 48" long (for uprights).................. 2--1"x4" or 2--1"x4" or 2--2"x4" (2--2"x4") (2--2"x4") Braces.......................... 1"x6" 1"x6" 1"x6" Railing......................... 2"x4" 2"x4" 2"x4" Toeboard........................ 1"x4" 1"x4" 1"x4" Width of platform............... 10' 3' max. 4' max. Planking 2" thick and at least 10" wide ```

Light Heavy Interior Trades Trades

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

Section 1643§Sections Scaffolds over 60 Feet in Height.

All wooden pole scaffolds over 60 feet in height shall be designed by a Civil Engineer currently registered in California and constructed and erected in accordance with such design.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. New Note filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1644§Sections Metal Scaffolds.

(a) General.

(1) Metal scaffolds shall be designed to support all dead, live, and wind loads to which they will be subjected.

(2) No metal scaffold equipment that is broken or deteriorated to the extent that its section is structurally weakened shall be used.

(3) All stationary scaffold legs, including those of outriggers, shall rest upon base plates available from the manufacturer for this service. Each base plate shall have support adequate to sustain the load and prevent horizontal movement. When the scaffold or outrigger is resting on earth or soft material, the base plate shall rest on and be secured to the equivalent of a 2-inch by 10-inch by 10-inch wooden base.

Note: A 1 1/8-inch by 10-inch by 10-inch piece of exterior grade plywood may be used in lieu of the wooden base mentioned above.

(4) Platform planks shall not be placed on guardrails to obtain greater height.

(5) Metal scaffolds shall be securely tied to the building or structure by means of a double looped No. 12 iron wire, or single looped No. 10 iron wire or equivalent at intervals not to exceed 30 feet horizontally and subject to the following:

(A) Ties shall be required at the free ends of the scaffold when the height of the scaffold platform exceeds 3 times the least base dimension. The remaining ties of the first row shall be required when the height of the scaffold platform is four times the least base dimensions.

(B) Ties for subsequent levels shall be installed at 26-foot intervals vertically, with the last tie no further from the top than four times the least base dimension.

(C) As an alternate means, scaffolds shall be guyed or outriggers shall be used to prevent tipping or upsetting.

(D) Wind Loading. When scaffolds are partially or fully enclosed, specific precautions shall be taken to assure the frequency and adequacy of ties attaching the scaffolding to the building.

(6) Securely attached railings as provided by the scaffold manufacturer, or other material equivalent in strength to the standard 2- by 4-inch wood railing made from "selected lumber" (see definition), shall be installed on open sides and ends of work platforms 7 1/2 feet or more above grade. The top rail shall be located at a height of not less than 42 inches nor more than 45 inches measured from the upper surface of the top rail to the platform level. A midrail shall be provided approximately halfway between the top rail and the platform.

Note: Toeboards or side screens may also be required. (See Section 1621.)

(A) "X" bracing is acceptable as a toprail if the intersection of the "X" occurs at 45 inches (plus or minus 3 inches) above the work platform, provided a horizontal rail is installed as a midrail between 19 and 25 inches above the work platform. The maximum vertical distance between the "X" brace members at the uprights shall not exceed 48 inches.

(B) "X" bracing is acceptable as a midrail if the intersection of the "X" falls between 20 inches and 30 inches above the work platform.

Exceptions:

(1) Railings are not required on that side of bricklayers' and masons' scaffold adjacent to the work under construction provided the wall is higher than the adjacent work platform.

(2) For end rail openings less than 3 feet, double wrapped iron wire at least No. 12 gauge in thickness, or wire rope at least 1/4 inch minimum diameter is permitted, provided the wire or wire rope is securely fastened.

(7) Platform planks shall be of 2-inch by 10-inch or wider material and of such length that they overlap the ledgers at each end by at least 6 inches.

A plank shall not overlap an unsupported end of another plank.

The working platform shall cover the entire space between scaffold uprights, except for the open area under the back railing. Such open area shall not exceed 10 inches in width.

The inboard edge of the work platform shall be no more than 16 inches from the building or structure wall except for those scaffolds used by bricklayers and stonemasons the platforms of which shall extend to within 7 inches of the finish face of the building or structure on which the work is being performed.

(8) All ladders used for access shall conform to ladders, Article 25. When only a part of the width of the metal scaffold frame conforms to ladder spacing, then these frames must be erected in a manner that makes a continuous ladder bottom to top, with ladder sides of the frames in a vertical line.

(b) Tube and Coupler Scaffolds.

(1) A light duty tube and coupler scaffold shall have all posts, ledgers, ribbons and bracing of nominal 2-inch O. D. steel tubing. The posts shall be spaced no more than 6 feet apart by 10 feet along the length of the scaffold. Other structural metals when used must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(2) A medium duty tube and coupler scaffold shall have all posts, ribbons and bracing of nominal 2-inch O. D. steel tubing. Posts spaced not more than 6 feet apart by 8 feet along the length of the scaffold shall have ledgers of nominal 2 1/2-inch O. D. steel tubing. Posts spaced not more than 5 feet apart by 8 feet along the length of the scaffold shall have ledgers of nominal 2-inch O. D. steel tubing. Other structural metals, when used, must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(3) A heavy duty tube and coupler scaffold shall have posts, ribbons, and bracing of nominal 2-inch O. D. steel tubing, with the posts spaced not more than 6 feet by 6 feet 6 inches. Other structural metals, when used, must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(4) Tube and coupler scaffolds shall be limited in heights and working levels to those permitted in Tables 1, 2, and 3. Drawings and specifications of all tube and coupler scaffolds above the limitations in Tables 1, 2, and 3 shall be designed by a Civil Engineer currently registered in the State of California.

(5) All tube and coupler scaffolds shall be constructed and erected to support 4 times the maximum intended loads as set forth in Tables 1, 2, and 3, or as set forth in the specifications by a Civil Engineer currently registered in California.

Table 1



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Table 2

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Table 3

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(6) Posts shall be accurately spaced, erected on suitable bases, and maintained plumb.

(7) Ribbons shall be erected along the length of the scaffold, located on both the inside and the outside posts at even height. Ribbons shall be interlocked to the inside and the outside posts at even heights. Ribbons shall be interlocked to form continuous lengths and coupled to each post. The bottom ribbons shall be located as close to the base as possible. Ribbons shall be placed not more than 6 feet 6 inches on centers.

(8) Ledgers shall be installed transversely between posts and shall be securely coupled to the posts bearing on the ribbon coupler. When coupled directly to the ribbons, the coupler must be kept as close to the posts as possible.

(9) Ledgers shall be at least 4 inches but not more than 12 inches longer than the post spacing or ribbon spacing.

(10) Cross bracing shall be installed across the width of the scaffold at least every third set of posts horizontally and every fourth ribbon vertically. Such bracing shall extend diagonally from the inner and outer ribbons upward to the next outer and inner ribbons.

(11) Longitudinal diagonal bracing on the inner and outer rows of poles shall be installed at approximately a 45 degree angle from near the base of the first outer post upward to the extreme top of the scaffold. Where the longitudinal length of the scaffold permits, such bracing shall be duplicated beginning at every fifth post. In a similar manner, longitudinal diagonal bracing shall also be installed from the last post extending back and upward toward the first post. Where conditions preclude the attachment of this bracing to the posts, it may be attached to the ribbons.

(c) Tubular Welded Frame Scaffolds.

(1) Metal tubular frame scaffolds, including accessories such as braces, brackets, trusses, screw legs, ladders, etc., shall be designed, constructed, and erected to safely support four times the maximum rated load. The scaffold manufacturer's erection instructions shall be followed on all installations.

(2) Spacing of panels or frames shall be consistent with the loads imposed.

(3) Panels or frames shall be braced by horizontal bracing, cross bracing, diagonal bracing or any combination thereof for securing vertical members together laterally, and the cross braces shall be of such length as will automatically square and align vertical members so that the erected scaffold is always plumb, square, and rigid. All brace connections shall be made secure.

(4) Panel or frame legs shall be set on adjustable bases or plain bases placed on mud sills or other foundations adequate to support the maximum anticipated load.

(5) Panels or frames shall be placed one on top of the other with coupling or stacking pins to provide proper vertical alignment of the legs.

Note: Where an intervening ledge prevents the vertical stacking of legs, the ledge may be used as a base provided that an equally safe installation is obtained.

(6) Where uplift may occur, panels shall be locked together vertically by pins or other equivalent suitable means.

(7) Drawings and specifications for all frame scaffolds over 125 feet in height above the base plates shall be designed by a Civil Engineer currently registered in California.

<General Materials (GM) - References, Annotations, or Tables>

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY 1. Repealer and new section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (a)(6) filed 8-3-76 as an emergency; effective upon filing (Register 76, No. 32).

3. Certificate of Compliance filed 10-8-76 (Register 76, No. 41).

4. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

5. Amendment of subsection (a)(5) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

6. Amendment of subsections (a)(4) and (a)(5) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

7. Amendment of subsection (a)(7) filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).

8. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

9. Amendment of subsection (a)(6) Exceptions filed 10-28-98; operative 11-27- 98 (Register 98, No. 44).

10. Amendment of subsection (a)(6)(B) filed 2-28-2006; operative 3-30-2006 (Register 2006, No. 9).

Section 1645§Sections Outrigger and Bracket Scaffolds.

(a) Heavy Trades.

(1) Outrigger beams of outrigger scaffolds for use by bricklayers, stonemasons, or other heavy trades shall be made of "selected lumber," or better. Those of the following sizes shall not project more than 6 feet beyond the outer support; shall be securely anchored and braced to prevent tipping or turning; and shall be spaced at centers of 7 feet 6 inches, or closer.

The inboard end of outrigger beams, measured from the fulcrum point to anchorage point, shall not be less than 1 1/2 times the outboard end in length. The fulcrum point of the beam shall rest on a secure bearing at least 6 inches square.

(2) On continuous scaffolds, where the beams may receive load from work platforms on each side, such beams shall not be less than 3 inches by 16 inches in cross section. For single scaffolds, consisting of a platform between 2 beams, the outrigger beams may have a smaller cross section, but not less than 3 inches by 12 inches. The platforms shall consist of planks, at least 2 inches by 10 inches, covering the full width of the projection. Planking shall be nailed or bolted or otherwise secured to outriggers.

The ends of the planks shall not project more than 18 inches beyond the outrigger, and not less than 6 inches, unless they are nailed in place. Every outrigger scaffold 7 1/2 feet or more in height shall be provided with a railing and toeboard. The top rail shall consist of double 2-inch by 4-inch members. One member shall be fastened in a flat position on top of the posts and the other member shall be fastened in an edge-up position to the inside of the posts and at the side of the top rail.

Additional protection in the form of screen enclosing the opening between rail and toeboard shall be provided if material on the scaffold is piled higher than the toeboard.

(3) Where additional working levels are required to be supported by the outrigger method, the plans and specifications of the outrigger and scaffolding structure shall be prepared by a Civil Engineer currently registered in California.

(b) Figure Four or Light Outrigger Scaffolds. (See Plate B-22, Appendix.) Figure Four or light outrigger frames shall be spaced not more than 10 feet apart, and shall be constructed as follows from sound lumber:

The outrigger ledger shall consist of 2 pieces of 1-inch by 6-inch or heavier material nailed on opposite sides of the vertical and angle braces. Ledgers shall project not more than 3 feet 6 inches from the outside wall line and shall be substantially braced and secured to prevent tipping or turning. The knee or angle brace shall intersect the beam at least 3 feet from the wall at an angle of 45 degrees, and the lower end shall be nailed to a vertical brace near the point where it contacts the wall. The platform shall consist of 2 or more 2-inch by 10-inch planks, which shall be of such length that they extend at least 6 inches beyond ledgers at each end. Unsupported projecting ends of planks shall be limited to an overhang of 18 inches, or less.

Each wooden bracket shall be hooked over a well-secured and adequately strong supporting member.

Every Figure Four or light outrigger scaffold 7 1/2 feet or more in height shall be provided with a railing and toeboard. The top rail shall consist of double 2-inch by 4-inch members. One member shall be fastened in a flat position on top of the posts and the other member shall be fastened in an edge-up position to the inside of the posts and at the side of the top member.

(c) Stud Jacks. (See Plate B-40, Appendix.) Stud-jack scaffold supports shall have ledgers of at least 2-inch by 6-inch materials, or equal, not longer than 5 feet, and each jack shall attach to not less than 2 sound, adequately fastened, 2-inch by 4-inch wall studs of normal length. Stud-jack scaffolds shall not be used at elevations of 7 1/2 feet or higher above the ground, unless so designed that a substantial backrail may be easily attached.

(d) Bracket Scaffolds. The use of bracket scaffolds shall be permitted only when through-bolted to walls, with at least 5/8-inch diameter bolts; welded to steel tanks; secured with a metal stud attachment device; or, hooked over a well-secured and adequately strong supporting member.

NOTE: This Order does not prohibit the use of bracket scaffolds that are an integral part of movable form panels or similar construction. (See Plates B-20 and B-21, Appendix.)

All form scaffolds shall be designed and erected with a minimum safety factor of 4, computed on the basis of the maximum rated load; i.e., the total of all loads including the working load, the weight of the scaffold, and such other loads as may be reasonably anticipated.

(1) Spacing of brackets shall be such that they are not more than 10 feet apart horizontally.

(2) If brackets are secured to walers held by snap-tie or she-bolts, they must extend through both wall forms and be properly secured.

(3) Railings shall be installed on bracket scaffolds for all heights 7 1/2 feet or more above the ground.

(4) The platform shall consist of two or more 2-inch by 10-inch planks, laid closely together, and shall be of such length that they overlap the ledgers at each end by at least 6 inches. Unsupported projecting ends of planks shall be limited to an overhang of 18 inches or less.

(5) Wooden bracket form scaffolds shall be an integral part of the form panel and shall not be used to support loads exceeding 25 pounds per square foot, unless specifically designed for a heavier loading. Ledgers shall be made from 2-inch by 6-inch or heavier material and shall not project more than 3 feet 6 inches from the form panel. Uprights shall consist of 2-inch by 4-inch or heavier material. Scaffold planks shall be either nailed, wired or bolted to the ledgers. Planks shall overlap the ledgers at each end by at least 6 inches. Unsupported projecting ends of platform planks shall be limited to a maximum overhang of 18 inches. Ledgers shall not be spaced more than 8 feet on centers. (See Appendix Plate B-20.)

(6) Bracket scaffolds installed on metal tanks larger than 40 feet in diameter for the use of those engaged in tank erection operations, shall have platforms that are at least 30 inches wide, with the open ends and sides protected by a substantial railing, with midrail, which may be altered by the substitution of 3/8-inch wire rope for the top and middle rails. Platforms on 40-foot or smaller diameter tanks will be acceptable if not less than 24 inches in width, consisting normally of two 2-inch by 12-inch planks side by side, protected by railings as described above.

NOTE: For railing requirements, see Section 1620.

(e) Carpenters' Bracket Scaffolds.

(1) The brackets shall consist of a triangular wood frame not less than 2 x 3 inches in cross section, or of metal of equivalent strength. Each member shall be properly fitted and securely joined.

(2) Each bracket shall be attached to the structure by means of one of the following:

(A) A bolt, no less than 5/8-inch in diameter, which shall extend through to the inside of the building wall;

(B) A metal stud attachment device;

(C) Welding to steel tanks;

(D) Hooking over a well-secured and adequately strong supporting member.

(3) The brackets shall be spaced no more than 10 feet apart.

(4) No more than two employees shall occupy any given 10 feet of a bracket scaffold at any one time. Tools and materials shall not exceed 75 pounds in addition to the occupancy.

(5) The platform shall consist of not less than two 2- x 10-inch nominal size planks extending not more than 18 inches or less than 6 inches beyond each end support.

NOTE: For railings see Section 1620.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (b) (Register 70, No. 48).

2. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1646§Sections Tower Scaffolds and Rolling Scaffolds, Wood or Metal.

(a) The minimum dimension of the base of any free-standing tower or rolling scaffold shall not be less than 1/3 the height of the scaffold unless such scaffold is securely guyed or tied. For restrictions when worker rides scaffold see paragraph (i) following.

(b) Construction and Erection.

(1) The uprights, ledgers, ribbons, braces, and splices shall be equivalent to the standards specified in other applicable Sections of these Orders. Railings are required if the platform is 7 1/2 feet or more above grade. Railings shall be installed in accordance with the provisions of Section 1644(a)(6).

NOTE: Toeboards or side screens may also be required. (See Section 1621.)

(2) The screw jack shall extend into its leg tube at least 1/3 its length, but in no case shall the exposed thread exceed 12 inches.

(3) The uprights (legs of rolling scaffolds) shall not exceed 24 inches without being braced according to the manufacturer's specifications.

(c) Wheels or casters of rolling scaffolds shall be provided with an effective locking device, and kept locked when workers are climbing or working on the scaffold. At least 2 of the 4 casters or wheels shall be a swivel type. All wheels or casters shall be properly designed for strength and dimension to support at least 4 times the maximum intended load.

(d) Joints of metal scaffolds shall be locked together with lock pins, bolts or equivalent fastening, including caster joints. Lock pins used must be of a locking type.

EXCEPTION: Screw jacks and guardrail posts.

(e) Platform planks on rolling or tower scaffolds shall not project farther than 18 inches past supports at the edges of the scaffold. An effective method of preventing platform planks on rolling scaffolds from slipping off must be provided. The nailing of cleats of 1-inch material on the underside of each projecting end, or other equivalent means, will be acceptable. Platforms shall be tightly planked for the full width of the scaffold except for any necessary entrance openings.

NOTE: Refer to Orders 1621 and 1637(f) for regulations on required plank and platform sizes.

(f) Ladders. Ladders or other unstable objects shall not be placed on top of rolling scaffolds to gain greater height.

(g) Scaffolds on Vehicles. When scaffolds are built on motor trucks or vehicles, they must be rigidly attached to the truck or vehicle. The attachment must be made in a manner that will develop the full strength of the scaffold in resisting an overturning force.

(h) Trucks or vehicles that have scaffolds attached to them shall have a device in use whenever employees are on the scaffold that prevents swaying or listing of the platforms.

(i) Riding. Employees may ride on rolling scaffolds moved by others below if the following conditions exist:

(1) The floor or surface is within 3 degrees of level, and free from pits, holes, or obstructions;

(2) The minimum dimension of the scaffold base, when ready for rolling, is at least 1/2 of the height. Outriggers, if used, shall be installed on both sides of staging;

(3) The wheels are equipped with rubber or similar resilient tires. For towers 50 feet or over, metal wheels may be used;

(4) The manual force used to move the scaffold shall be applied as close to the base as practicable, but not more than 5 feet (1.5 meters) above the supporting surface of the scaffold;

(5) Before a scaffold is moved, each employee on the scaffold shall be made aware of the move; and,

(6) No employee shall be on any part of the scaffold which extends outward beyond the wheels, casters, or other supports.

(j) Riding on a Self-Propelled Scaffold. One employee may ride on and move a rolling scaffold while on the platform without assistance from others below provided the following conditions are met:

(1) All of the provisions in subsection (i) of this Section shall be met, except that the scaffold need not be moved by others below;

(2) The scaffold platform shall not be more than 4 feet above the floor level;

(3) The working platform shall be no less than 20 inches in width with a maximum 1 inch space between platform planks;

(4) Wheels or casters of rolling scaffolds shall be provided with an effective locking device that is used in accordance with subsection (c) of this section; or rolling scaffolds shall be provided with an effective device that is used to prevent movement of the scaffold when workers are climbing or working on the scaffold; and,

(5) The use of power systems such as motor vehicles, add-on motors, or battery powered equipment to propel a rolling scaffold is prohibited.

(k) Training. Employees who ride on rolling scaffolds and employees that assist in moving employees riding on a rolling scaffold shall be trained in accordance with the requirements of this Section and with the requirements of the Construction Safety Orders, Section 1509 to recognize the hazards associated with riding on a rolling scaffold.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (c) and (e) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (b)(1) filed 8-3-76 as an emergency; effective upon filing (Register 76, No. 32).

3. Certificate of Compliance filed 10-8-76 (Register 76, No. 41).

4. Amendment of subsection (b) filed 9-5-79 as procedural and organizational; effective upon filing (Register 79, No. 36).

5. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

6. Editorial correction of printing error in Note following subsection (b)(1) (Register 92, No. 24).

7. Relettering of former subsections (g)-(i) as subsections (f)-(h), relettering of former subsection (f) as new subsection (i), amendment of newly designated subsections (i)(1)-(3) and new subsections (i)(4)-(k) filed 7-31-2009; operative 8-30-2009 (Register 2009, No. 31).

8. Editorial correction redesignating subsection (i)(5)(b) as subsection (i)(5)(6) (Register 2010, No. 34).

9. Editorial correction of subsection (i) (Register 2017, No. 41).

10. Change without regulatory effect amending subsection (a) filed 10-9-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 41).

Section 1647§Sections Horse Scaffolds.

(a) General. (1) Lumber for construction of scaffolded horses shall be of "selected lumber" grade.

NOTE: The lumber sizes specified are nominal sizes for which standard finished sizes may be substituted. (See Plate B-41, Appendix.)

(2) The members of horses used for scaffolds shall be securely nailed or bolted together, and well braced to prevent collapse.

(3) The distance between the bottoms of adjacent legs measured perpendicular to the ledger shall be approximately 1/2 the horse height.

(4) The shimming of horse ledgers to obtain added height is prohibited.

(5) Horses or parts which have become weak or defective shall not be used.

(6) When horse legs are extended by splicing, the joints must be butt-ended, and scabs not less than 18 inches long and of the same cross section as the leg shall be nailed on each side of the joint. As an alternative, new legs of adequate length may be installed, provided that they completely overlap the original legs and are well secured to them from top to bottom. Vertical extensions shall not be used to extend height of metal folding horses if the stability of the horse is impaired.

(7) When arranged in tiers, each horse shall be placed directly over the horse in the tier below.

(8) On all scaffolds arranged in tiers, the legs shall be nailed down or otherwise secured to the planks to prevent displacement or thrust and each tier shall be substantially cross braced.

(9) Railings meeting the requirements of Section 1620 shall be installed on all open sides and ends of work platforms 7 1/2 feet or more above the ground, floor or level underneath.

(b) Light Trades.

(1) Horses for light-trade scaffolds shall have top horizontal members or ledgers of 2-inch by 4-inch lumber or material of equivalent strength, if the distance between the leg connections is 4 feet or less. Ledgers of 2-inch by 6-inch lumber or material of equivalent strength are required if the distance between the leg connections is greater than 4 feet but does not exceed 8 feet.

If the distance between leg connections exceeds 8 feet, the ledger strength must be increased in proportion to the amount by which the 8-foot distance is exceeded.

(2) The legs of horses for light-trade scaffolds shall be 1-inch by 6-inch lumber or material of equivalent strength for horses not exceeding 4 feet in height and 2-inch by 4-inch lumber or material of equivalent strength for horses between 4 feet and 10 feet in height. Horse scaffolds shall not be constructed or arranged more than two tiers or 10 feet in height.

(c) Heavy Trades.

(1) Horses for heavy-trade scaffolds shall have top horizontal members or ledgers of 3-inch by 4-inch lumber or material of equivalent strength, if the distance between the leg connections is 4 feet or less. Ledgers of 2-inch by 6-inch lumber or material of equivalent strength are required if the distance between the leg connections is greater than 4 feet but does not exceed 8 feet. If the distance between leg connections exceeds 8 feet, the ledger strength must be increased in proportion to the amount by which the 8-foot distance is exceeded.

(2) The legs of horses for heavy-trade scaffolds shall be 1-inch by 8-inch lumber or material of equivalent strength, for horses not exceeding 4 feet in height, and 2-inch by 4-inch lumber or material of equivalent strength, for horses between 4 feet and 10 feet in height.

(d) Collapsible Types.

(1) Collapsible horses constructed of well-braced frames hinged at the top may be used in place of the specified rigid horses, if construction is such that equivalent strength is provided.

(2) Adjacent legs of a collapsible horse shall be connected near the bottom with securely attached chains, hinged brackets, or other suitable links to prevent the legs from spreading beyond the distance intended. The height of collapsible horse scaffolds shall not exceed 6 feet.

(e) Platforms.

(1) Scaffold platforms shall not be supported by single horses having a total height exceeding 10 feet. Tiered horse scaffolds shall be limited to 10 feet in height made from no more than 2 tiers of horses. All horse scaffolds shall be substantially constructed and braced both transversely and laterally.

(2) Platforms shall be not less than 20 inches wide for light trades, and 4 feet wide for bricklayers, stonemasons, stone cutters, or concrete workers. Platforms used primarily by bricklayers or stonemasons shall extend to within 5 inches of the building face upon which the work is being performed. A single 2-inch by 10-inch plank may be used for light trades work up to a height of 4 feet.

(3) Planks used for platforms shall not be less than 2 inches by 10 inches, and the distance between supports shall not exceed 10 feet for light trades and 7 feet 6 inches for heavy trades.

(4) For horse scaffolds up to a height of 6 feet, platform planks shall not be more than 2 inches apart. Platform planks on higher scaffolds shall be laid closely together. Planks shall be of such length that they overlap the supports at each end by at least 6 inches. A plank shall not overlap an unsupported end of another plank. Unsupported projecting ends of planks shall be limited to an overhang of 18 inches or less.

(5) Douglas fir plywood that is 3/4 inch thick or thicker may be used for platforms if the panels are 4 feet wide or wider and are supported on cross members at 4-foot or closer intervals for light trades and 2-foot intervals for heavy trades.

(6) Provide standard ladder or other safe, unobstructed means of access to all work platforms.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (e) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. New subsection (a)(9) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1648§Sections Ladder-Jack Scaffolds.

(a) Ladder-jack scaffolds shall not be used when the platform is over 16 feet above the ground. Not more than two employees shall be allowed on a scaffold of this type. The ladders shall be secured against displacement. (See Plate B-34, Appendix.)

(b) The platform shall be at least 14 inches wide consisting of ladder staging, “structural plank” or equivalent, free from damage that affects the strength. The ladders shall not be placed over 16 feet center to center, and where the platform consists of a single-dressed 2-inch by 14-inch plank, the spacing shall not be greater than 12 feet. Both metal and wood platform planks shall overlap the bearing surface by at least 12 inches.

(c) Drop lines of at least 3/4-inch diameter Manila rope or other rope of equivalent diameter and strength shall hang from secure overhead anchorages where the working platform is 7 1/2 feet high or more. An independently anchored line shall be provided for and used by each employee in accordance with the provisions of Article 24 of the Construction Safety Orders.

(d) All ladders used in connection with ladder jack scaffolds shall be Type I, IA, or IAA duty rated ladders and shall be designed and constructed in accordance with the General Industry Safety Orders, Section 3276(c). Job-built ladders shall not be used for this purpose.

NOTE: See Section 3276(d) for portable ladder types, duty ratings and working loads.

(e) The ladder jack shall be so designed and constructed that it will bear on the side rails in addition to the ladder rungs, or if bearing on rungs only, the bearing area shall be at least 10 inches on each rung.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Section 142.3, Labor Code

Section 142.3, Labor Code

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (b) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

4. Amendment of subsection (d), including new explanatory Note, filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

Section 1649§Sections Float Scaffolds.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (a)(5) (Register 70, No. 48).

2. Amendment of subsection (a)(4) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

3. Renumbering and amendment of Section 1649 to Section 1663 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1650§Sections Needle-Beam Scaffold.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Renumbering and amendment of Section 1650 to Section 1664 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1652§Sections Staging Supported by Catenary or Horizontal Wire Ropes.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of Section 1652 to Section 1666 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1653§Sections Bricklayers' Square Scaffolds.

(a) The squares shall not exceed 5 feet in width and 5 feet in height.

(b) Members shall be not less than those specified in the Schedule below: (See Plate B-32, Appendix) ``` Minimum Dimensions for Bricklayers' Square Scaffold Members Members Dimensions Ledgers or horizontal members..................... 2 x 6 in. Legs.............................................. 2 x 6 in. Braces at corners................................. 1 x 6 in. Braces diagonally from center frame............... 1 x 8 in. ```

``` Minimum Dimensions for Bricklayers' Square Scaffold Members Members Dimensions Ledgers or horizontal members..................... 2 x 6 in. Legs.............................................. 2 x 6 in. Braces at corners................................. 1 x 6 in. Braces diagonally from center frame............... 1 x 8 in. ```

Members Dimensions

(c) The squares shall be reinforced on both sides of each corner with 1- x 6-inch gusset pieces. They shall also have diagonal braces 1 x 8 inches on both sides running from center to center of each member, or other means to secure equivalent strength and rigidity.

(d) The squares shall be set not more than 5 feet apart for medium duty scaffolds, and not more than 8 feet apart for light duty scaffolds. Bracing, 1 x 8 inches, extending from the bottom of each square to the top of the next square, shall be provided on both front and rear sides of the scaffold.

(e) Platform planks shall be at least 2- x 10-inch nominal size. The ends of the planks shall overlap the ledgers of the squares and each plank shall be supported by not less than three squares.

(f) Bricklayers' square scaffolds shall not exceed three tiers in height and shall be so constructed and arranged that one square shall rest directly above the other. The upper tiers shall stand on a continuous row of planks laid across the next lower tier and be nailed down or otherwise secured to prevent displacement.

(g) Scaffolds shall be level and set upon a firm foundation.

(h) For guardrailing requirements see Section 1621.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (b) and new subsection (h) filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1654§Sections Window Jack Scaffolds.

(a) Window jack scaffolds shall be used only for the purpose of working at the window opening through which the jack is placed. (See Plate B-35)

(b) Window jacks shall not be used to support planks placed between one window jack and another or for other elements of scaffolding.

(c) Window jack scaffolds shall be provided with guardrails unless safety belts and lanyards are provided for and used by employees. (See Section 1670.)

(d) Not more than one employee shall occupy a window jack scaffold at any one time.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsections (a) and (c) filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1655§Sections Pump Jack Scaffolds.

(a) Pump jack scaffolds shall:

(1) Be limited to a maximum working load of 500 pounds; and

(2) Have a Safety Factor of at least four times the maximum intended load.

(3) The manufactured components shall not be loaded in excess of the manufacturer's recommended limits. (See Plate B-33, Appendix)

(b) Pump jack brackets, braces, and accessories shall be fabricated from metal plates and angles. Each pump jack bracket shall have two positive gripping mechanisms to prevent any failure or slippage.

(c) The platform bracket shall be fully decked and the planking secured. Planking, or equivalent, shall conform with Section 1637.

(1) When wood scaffold planks are used as platforms, poles used for pump jacks shall not be spaced more than 10 feet center to center. When fabricated platforms are used that fully comply with all other provisions of this Order, pole spacing may exceed 10 feet center to center.

(2) Poles shall not exceed 30 feet in height.

(3) Poles shall be secured to the work wall by rigid triangular bracing, or equivalent, at the bottom, top, and other points as necessary, to provide a maximum vertical spacing of not more than 10 feet between braces. Each brace shall be capable of supporting a minimum of 225 pounds tension or compression.

(4) For the pump jack bracket to pass bracing already installed, an extra brace shall be used approximately 4 feet above the one to be passed until the original brace is reinstalled.

(d) All poles shall bear on mud sill or other adequate firm foundations.

(e) Pole lumber shall be two 2 x 4's, of Douglas fir, or equivalent, straight-grained, clear, free of cross-grain, shakes, large loose or dead knots, and other defects which might impair strength.

(f) When poles are constructed of two continuous lengths, they shall be 2 x 4's, spiked together with the seam parallel to the bracket, and with 10d common nails, no more than 12 inches center to center, staggered uniformly from opposite outside edges.

(g) If 2 x 4's are spliced to make up the pole, the splices shall be so constructed as to develop the full strength of the member.

(h) Not more than two employees shall be permitted at one time upon a pump jack scaffold between any two supports.

(i) Pump jacks scaffolds shall be provided with standard guardrails as described in Article 16 but no guardrail is required when safety belts with lanyards are provided for and used by employees.

(j) When a work bench is used at an approximate height of 42 inches, the top guardrail may be eliminated, if the work bench is fully decked, the planking secured, and is capable of withstanding 200 pounds load in any direction.

(k) Employees shall not be permitted to use a work bench as a scaffold platform.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1658§Sections Suspended Scaffolds -- General.

(a) Hoisting machines or winches that are a part of a suspended scaffold, and are used in raising or lowering that scaffold, shall be approved.

(b) All scaffolds shall be fastened or hung so as to avoid swaying from the building or structure. Window cleaners' anchors shall not be used for this purpose. Supporting cables shall be vertical for their entire length, unless otherwise designed by a currently registered civil engineer in California. The baskets of single-unit, power-driven suspended scaffolds shall not be swayed nor shall support cables be fixed to intermediate points to change the original paths of travel.

(c) Design. All scaffold members, including related parts and rigging, shall be of adequate strength to support intended loads to which they will be subjected, without exceeding stresses established by factors of safety specified in these Orders; or if no safety factors are given, those generally accepted by the engineering profession.

(d) Ladders shall not be used as scaffold platforms, even if a horizontal working surface has been placed over the rungs. Other Orders in this Article call for the use of stage ladders, planking, or specially designed platforms for such service.

(e) Supporting Ropes. Ropes supporting scaffolds shall have a factor of safety of at least 6. They shall be inspected on each job before being used to determine if they are unsafe because of damage, wear, chemical action or similar defects. The use of repaired wire rope as suspension rope is prohibited.

(f) Manila, or other fiber or synthetic ropes shall not be used to support scaffolds upon which workers are using welding or burning equipment of any type, sandblasting equipment, or any chemical substance which may damage the rope by chemical action if splashed or spilled on the rope. Wire rope is required for the above uses. Further, the wire shall be protected against burning or a welding arc to a height of 8 feet above the platform with a rubber hose or equivalent protection.

(g) Inspection. Suspended scaffolds that are in service shall be inspected by a qualified person daily and tested as frequently as is necessary in order to provide proper maintenance. Special attention shall be given to ropes and other rigging.

(h) Suspended scaffolds shall be hung so as to avoid overlap or possible interference with movement from a scaffold above or below.

(i) When suspended scaffolds are supported by a second wire rope, employees shall fasten their lanyards to the work platform trolley line or droplines hanging from secure overhead anchorages between each pair of hangers or falls. One line shall be provided for each employee. It shall be a continuous rope in good condition and free of imperfections, serious wear, or fraying.

(j) Outrigger beams used as supports for suspended scaffold shall be tied back or secured in place and placed in saddles or otherwise positively secured against the possibility of turning or twisting. The attachments on these beams for support of suspended loads shall consist of well-anchored L-hooks fitted with 1/2 inch shackle bolts, or equivalent. See Plate B-24, Appendix.

(1) The outrigger beams and supporting system shall be capable of safely sustaining 4 times the rated load of the platform or hoist whichever is greater.

(2) When a counterweight system is used, the counterweights shall consist of solid materials such as steel or concrete (See Plate B-39, Appendix) and the tiebacks shall be at least equivalent in strength to the suspension ropes and anchored securely.

(k) Unless otherwise designed by a currently registered civil engineer in California, each suspended stage or plank-type platform shall be supported at two or more places by rigging that receives its load from only that one platform. Thus, two or more suspended scaffolds, suspended stage, or plank type platforms shall not be combined into one by bridging the distance between them with planks or similar connecting platforms.

(l) Metal hangers for suspended scaffolds shall be made of mild steel or equivalent material, capable of sustaining 4 times the maximum rated load.

(m) Except where overhead protection is required and which would result in a greater hazard, employees working in single or two-point suspended scaffolds, shall be required to use safety belts and lanyards attached to independently anchored droplines.

(n) Where the use of independently anchored drop line is not possible, alternate safety measures shall be used.

(o) Railing. All scaffolds or staging referred to in this Article suspended more than 7 1/2 feet from the ground or floor below shall have a standard guardrail of 2-inch by 4-inch of selected structural grade lumber, free of knots or defects, not less than finished size of 1 7/8 inches by 3 1/2 inches, or of other equally rigid materials of equivalent strength. This railing shall be not less than 36 inches nor more than 42 inches above the platform with midrails attached at half the distance from the platform floor to the top rail. All wood members shall not contain any splices that fail to provide full strength and rigidity to the wood member. When railing is longer than 10 feet between stirrups, it shall have a vertical support near the midpoint of the span.

(p) Unattended Scaffold. When a suspended scaffold is left unattended in an elevated position, it shall be securely lashed to the building and be cleared of all tools, buckets, or other moveable materials.

(q) When employees on the scaffolds are exposed to the hazards of falling objects, overhead protection not more than 9 feet above the platform shall be installed.

(r) Hooks used as a part of rigging for scaffold support shall be closed or “moused” (See Plate C-4, Appendix).

(s) Where a single outrigger beam is used, the steel shackles or clevises with which the wire ropes are attached to the outrigger beams shall be placed directly over the hoisting machines.

(t) The free end of the suspension wire ropes shall be equipped with proper size thimbles and secured by splicing or other equivalent means. Where applicable, the running ends shall be securely attached to the hoisting machines and at least four turns of wire rope shall at all times remain on the drum.

(u) Multi-level platforms and suspended scaffolds with overhead protection shall be equipped with additional independent lines equivalent in strength to the suspension ropes to support the units if the primary suspension system fails. These additional independent lines shall be tied to a structural member other than the primary suspension member, capable of supporting the resulting suspended load imposed. (See Plate B-42, Appendix.)

(v) Gasoline-powered equipment and hoists shall not be located on suspension scaffolds.

(w) Devices whose sole function is to provide emergency escape and rescue shall not be used as working platforms. This provision does not preclude the use of systems which are designed to function both as suspension scaffolds and emergency systems.

Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 7152, Labor Code.

HISTORY

1. Editorial correction in subsection (i) (Register 70, No. 48).

2. Amendment of subsection (a) and (b) and new subsection (k) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment of subsection (c) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

5. Amendment of subsection (e) and new subsections (v) and (w) filed 4-6-2001; operative 5-6-2001 (Register 2001, No. 14).

6. Change without regulatory effect amending subsection (p) filed 11-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 47).

Section 1659§Sections Bricklayers' or Masons' Suspended Scaffolds.

NOTE: Stone setters' adjustable multiple-point suspended scaffolds shall also be constructed in accordance with this Order. See Plate B-26, Appendix.

(a) Each outrigger shall be equal in strength to at least a standard 7-inch, 15.3-pound steel at least 15 feet long. It shall not project more than 6 feet 6 inches beyond the bearing point and it shall be supported laterally at or near its fulcrum point. Where the overhang exceeds 6 feet 6 inches, thrustouts shall be composed of stronger beams or multiple beams and be installed under the supervision of a person who is capable of securing a safe installation. Outriggers shall be securely fastened to the structure by the equivalent of "U" bolts and anchor plates, washers, and nuts. All beams shall be set with their webs vertical, and they shall rest on wood bearing blocks. A stop bolt shall be placed at the outer end of the outrigger to prevent suspension rope from slipping off.

(b) The platform shall be suspended by wire ropes capable of supporting at least 6 times the intended load, properly secured to the outriggers and to each end of the bolster (putlog), or to hoisting machines.

(c) Bolsters not more than 4 1/2 feet long between supports may be of wood, provided they are equal in strength to 4-inch by 6-inch "selected lumber" grade, free from damage that affects the strength.

(d) The bolsters and outriggers shall be spaced not more than 8 feet center to center.

(e) Platform Width. The platform shall be not less than 4 feet wide and made of 2-inch by 10-inch or larger "selected lumber" laid closely together and adequately secured to prevent them from slipping, tipping, or collapsing.

(f) The scaffold shall be as close to the wall as reasonably possible, but not more than 6 inches from the wall.

(g) When employees are at work on the scaffold and an overhead hazard exists, overhead protection shall be provided on the scaffold, not more than 9 feet above the platform, consisting of 2-inch planking, or material of equivalent strength, laid tight, and extending not less than the width of the scaffold.

(h) The scaffold shall be capable of sustaining a working load of 50 pounds per square foot and shall not be loaded in excess of that figure.

EXCEPTION: When the scaffold is designed for loads in excess of 50 pounds per square foot by a Civil Engineer currently registered in California.

(i) The use of fiber rope is prohibited.

(j) Toeboards and side screens shall be installed in accordance with the applicable Sections of Article 16.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (a) (Register 70, No. 48).

2. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1660§Sections Suspended Scaffolds for Loads of 425 Pounds or Less.

(a) Only one employee for each fall or hanger shall be allowed on this type of suspended scaffold. (See Plates B-24, B-26, B-26-a and B-27-a, Appendix).

EXCEPTION: Single, power-driven units described in Section 1667.

(b) Stirrups or slings shall be made of wire rope of at least 9,000 pounds breaking strength, or of solid round or square mild steel (reinforcing steel shall not be used) not less than 3/4 inch dimension, forged or welded into one piece. Loops in wire rope slings for the use of bolsters shall be spliced. The top loop shall have a galvanized thimble fastened in place with a clip.

(c) Bolsters shall be 2-inch by 4-inch "selected lumber," or stronger material, placed so that the 4-inch sides are vertical. An iron or steel bolt 6 inches long and 3/4 inch in diameter shall be fastened through wooden bolsters at right angles to same not nearer than 3 inches to the end to prevent sling from accidentally slipping off the end of bolster.

(d) Scaffold platforms shall be at least 14 inches wide. Planks of dressed 2-inch lumber shall consist of "structural plank" free from damage affecting its strength. Where platforms are composed of two 2-inch by 10-inch or two 2-inch by 12-inch dressed planks, side by side, they shall be firmly cleated together so as to act as a unit. Maximum platform width shall be 36 inches.

(e) The span between hangers or falls shall not be more than 10 feet when the planks are composed of two 2-inch by 10-inch planks or more than 12 feet when composed of two 2-inch by 12-inch planks as permitted in Subsection 1660 (d). The span between hangers or falls when being used with patented-type planks shall not exceed the manufacturer's specifications. The platform shall not extend beyond the hangers more than 18 inches. A bar or other effective means shall be securely fastened at each end of the platform to prevent it from slipping off the hanger.

(f) Ladder-Type and Needle Beam-Type Platforms.

(1) Platforms placed in service after April 18, 1999 shall Comply with the American National Standard (ANSI)Scaffolding-Safety Requirements A10.8-1988, which is hereby incorporated by reference. Patforms placed in service on or before April 17, 1999 shall comply with ANSI A10-1977, Safety Requirementsfor or before April 17, 1999 shall comply with ANSI A10.8-1977, Safety Requirements for Scaffolding, which is hereby incorporated by reference.

(2) Light metal-type platforms shall be approved.

(g) Each employee shall be provided with and use personal fall protection in accordance with the requirements of Article 24. Lanyards shall be securely attached to substantial members of the structure (not scaffold), or to securely rigged lines, which will safely suspend the employee in case of a fall. In order to keep the lanyard continuously attached, with a minimum of slack, to a fixed structure, the attachment point of the lanyard shall be appropriately changed as the work progresses.

(h) Hooks supporting scaffolds or stagings shall be made of mild steel (reinforcing steel shall not be used), free from flaws or other imperfections. Each hook shall, if loaded to point of failure, be capable of supporting a load 4 times that to which it will be subjected in service. The expected load per hook in service shall include its share (normally half) of the total scaffold and rigging weight plus the total weight of employees and movable tools or equipment, which shall never be considered as less than 500 pounds. All hooks shall be provided with rings for tie-back service. The ring should be fitted through a hole in the hook not more than 5 inches from the hook point. Hooks shall be kept clean at all times.

Each hook shall be tied back to a substantial object on the roof with at least a 3/4-inch diameter Manila rope or equivalent.

(i) Where the rope blocks supporting scaffolds or boatswains' chairs are not attached directly to hooks, the extension from the top block to the support shall be wire rope at least 1/2-inch in diameter, or equivalent, and sufficient protection shall be provided to prevent this wire rope from chafing.

The sheaves of all blocks, consisting of at least one double and one single block, shall fit the size and type of rope used.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (k) (Register 70, No. 48).

2. Amendment of subsection (g) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

4. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

5. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

6. Amendment of subsection (g) filed 7-2-98; effective 8-1-98 (Register 98, No. 5-Z).

7. Amendment of subsection (f)(1) filed 3-19-99; operative 4-18-99 (Register 99, No. 12).

Section 1661§Sections Suspended Scaffolds for Loads Between 425 and 1000 Pounds.

(a) Suspended scaffolds providing all of the safety features required by Orders 1658 and 1660 may be used to support as much as 1,000 pounds if the platform and other components are designed and constructed to carry such a live load without exceeding allowable working stresses.

(b) Suspended scaffolds in this load range which are used by cement masons shall have platforms at least 24 inches wide.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1662§Sections Boatswains' Chairs.

(a) Persons shall be trained and/or experienced in the use of boatswains' chairs before being permitted to use such equipment. (b) When a boatswains' chair is suspended over an area traversed by employees, pedestrians or vehicular traffic, the ground area immediately below shall be effectively blocked by barricades, or an attendant shall be stationed to keep the area clear. Warnings signs shall also be posted below. (c) An employee using a boatswains' chair shall wear a safety belt with attached lanyard secured to a separate drop line or other means affording equivalent safety. (d) Rope attachment to a block shall be by a thimble and splice. (e) Hooks shall be provided with a means to prevent accidental disengagement or a shackle shall be used in place of a hook. (f) Each double block of luff (or watch) tackle shall be branded or otherwise clearly marked so as to indicate the fully extended length in feet from block to block. A knot or splice shall be made in the end of the line to prevent it from running through the block. (g) Thimbles shall not be used where the chair connects to the hook. (h) Tackle shall consist of rope equivalent in strength to at least 5/8 inch rope of first grade Manila as well as properly-sized blocks. (i) The chair shall be suspended from its four corners by means of rope slings. It shall have a seat not less than 24 inches long by 10 inches wide and, if of soft wood, 2 inches thick (1 1/8 inches if of oak or ash). It shall be reinforced across the full width by cleats securely fastened to each end. The seat may be constructed of material other than wood, provided the material used is equivalent in strength to 2 inches of soft wood or 1 1/8 inches of oak or ash. If constructed of material of equivalent strength, cleats across the full width of the seat shall be provided unless structural analysis indicates that they are not necessary. Other design and construction of equivalent safety and strength may be substituted. (j) Boatswains' chairs with fiber rope slings shall not be used to support an employee with welding, burning torch, sandblasting equipment, or chemicals harmful to fiber rope. In such cases, the slings shall be at least 3/8 inch wire rope, or equivalent. Further, the wire rope shall be protected against burning or welding arc by covering with a rubber hose or other equally effective means.

ILLUSTRATING REEVING OF ROPE (k) Fiber rope seat slings shall be of 5/8 inch Manila rope, or equivalent, reeved through the four seat holes so as to cross each other on the underside of the seat. (l) Boatswains' chairs, their supports and all accessories shall be capable of supporting, without failure, at least 4 times the maximum load. (m) Parapet or cornice hooks or clamps used to support chairs shall be provided with rings for tie-back use. NOTE Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

ILLUSTRATING REEVING OF ROPE

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 6).

2. Amendment of subsection (b) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Renumbering and amendment of former Section 1662 to Section 1667, and renumbering and amendment of Section 1651 to Section 1662 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

4. Change without regulatory effect amending ``Moused Hook” graphic in subsection (j) filed 6-25-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).

5. Change without regulatory effect repealing and adopting new illustration within subsection (j) filed 5-19-2008 pursuant to section 100, title 1,California Code of Regulations (Register 2008, No. 21).

Section 1663§Sections Float Scaffolds.

(a) Scaffolds of this type are to support not more than three employees and light tools, such as those needed for riveting, bolting, and welding. They shall be constructed as follows, unless substitute designs and materials provide equivalent strength, stability, and safety (See B-38, Appendix).

(1) The platform shall be not less then 3 feet wide and 6 feet long, made of 3/4 inch plywood, equivalent to Douglas Fir Plywood Association Grade A-A Exterior.

(2) Under the platform, there shall be 2 supporting bearers made from 2-inch by 4-inch "selected lumber," or better. They shall be free of knots or other flaws and project 6 inches beyond the platform on both sides. The ends of the platform shall extend about 6 inches beyond the outer edges of the bearers. Each bearer shall be fastened to the platform by at least two 1/2 inch-diameter bolts.

(3) An edging of wood not less than 3/4 inch by 1 1/2 inches, or equivalent, shall be placed around all sides of the platform to prevent tools from rolling off.

(4) Supporting ropes shall be 1-inch-diameter Manila rope, or equivalent, free from deterioration, chemical damage, flaws, or other imperfections. Rope connections shall be such that the platform cannot shift or slip. If two ropes are used with each float, they shall be arranged so as to provide four ends which are to be securely fastened to an overhead support. Each of the two supporting ropes shall be hitched around one end of a bearer and pass under the platforms to the other end of the bearer where it is hitched again, leaving sufficient rope at each end for the supporting ties.

(5) Each employee working from a float scaffold shall be provided with and use fall protection in accordance with the requirements of Article 24.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Renumbering and amendment of former Section 1663 to Section 1665, and renumbering and amendment of Section 1649 to Section 1663 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

3. Amendment of subsection (a)(5) filed 7-2-98; effective 8-1-98 (Register 98, No. 27).

Section 1664§Sections Needle-Beam Scaffold.

(a) Needle-beam scaffolds shall be designed with a factor of safety of at least 4, to support the loads to be imposed, but in no case shall the strength or quality be less than required by the following specifications. (See B-37, Appendix)

(1) Wood needle beams shall be not less than 4 inches by 6 inches in cross section, if the distance between supports does not exceed 10 feet. Larger beams are required for spans in excess of 10 feet, and in all cases they shall be placed with the greater dimension vertical. They shall be "selected lumber," or equivalent, straight-grained, and free of knots or other defects. Other materials or types may be used if of equivalent strength and rigidity.

(2) Wood needle beams shall be made from one piece of material without splices or laminated joints. Laminated wood beams, manufactured of good quality, glued members, subjected to proper bonding pressure, may along with other materials be used if of equivalent strength.

(3) Wood needle beams shall not be painted in such a manner as to hide the grain structure. They may be coated with linseed oil or other transparent coating.

(4) Ropes used for the support of needle beams shall be not less than 1 1/4-inch diameter Manila rope, or equivalent, free from flaws, deterioration, chemical damage, or other imperfections. C-clamps or open hooks shall not be used for support of needle beams or needle-beam ropes.

(5) The ropes shall be attached to the needle beams by a scaffold hitch, or some other equally effective method, at a point not less than 1 foot from the end of the beam. Ropes shall be so secured to the beams or girders as to prevent tipping or slipping of either the beam or the scaffold. When the rope attachment is within 2 feet of beam end, bolt or cleat shall be attached or other means taken to prevent rope from coming off beam.

(6) Planks making up platforms on needle beams shall not be less than 2 inches by 10 inches and not have more than a 10 foot span. All planks shall be secured by suitable cleats or drop bolts to prevent slipping, tipping, or collapsing, with special attention for those planks that are on the beam overhang outside the rope attachment. When planks are in an inclined position of 5 percent or more, they shall be provided with cleats on the working surface at least 1 3/4 inches by 2 inches in cross section, spaced not more than 16 inches apart.

(7) Platforms used for riveting or other work requiring similar tools shall be not less than 36 inches wide when used on exterior of structures, and not less than 30 inches wide for interior work.

(8) Needle-beam platforms that are used for rivet heaters shall be not less than 6 feet wide and 10 feet long, with planks laid close together, and some provision shall be made to prevent materials or tools from rolling off edges.

(9) Where the supports for needle beams are fixed members rather than suspension ropes, positive means shall be taken to prevent the beams from turning or rotating to a position where the strength is reduced.

(10) All unattached tools, bolts, and nuts used on needle beam scaffolds shall be kept in suitable containers, properly secured.

(11) If one end of a needle beam scaffold platform rests on a permanent structural section, all applicable sections of this Article and Article 23 shall be observed.

(12) Each employee working on a needle beam scaffold shall be provided with and use personal fall protection in accordance with the requirements of Article 24 or by a safety net rigged as provided in Section 1671.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 1650 to Section 1664 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Amendment of subsection (a)(12) filed 7-2-98; effective 8-1-98 (Register 98, No. 27).

Section 1665§Sections Interior Hung Scaffolds.

(a) An interior hung scaffold shall be hung or suspended from the roof structure or ceiling beams.

(b) The suspension rope shall be wrapped at least twice around the supporting members and twice around the ledgers of the scaffold, with each end of the wire rope secured by at least three standard wire-rope clips properly installed.

(c) For hanging wood scaffolds, the following minimum nominal size material shall be used:

(1) Supporting ledgers 2 x 10 inches on edge;

(2) Planking 2 x 10 inches, with maximum span 7 feet for heavy duty and 10 feet for light duty or medium duty.

(d) Steel tube and coupler members may be used for hanging scaffolds with both types of scaffold designed to sustain a uniform distributed working load up to heavy duty scaffold loads with a safety factor of four.

(e) When a hanging scaffold is supported by means of wire rope, it shall be attached with a thimble to a 1/2-inch shackle or bolt of not less than 1/2-inch diameter. The shackle shall be secured by means of a stop bolt 4 inches from the end of the beam or ledger. Wire rope shall not be wrapped around either member. See Plate C-2, Appendix.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 1663 to Section 1665 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1666§Sections Staging Supported by Catenary or Horizontal Wire Ropes.

(a) Staging supported by wire rope shall have hook-shaped stops on each end of staging members so as to prevent them from slipping off the wire ropes. These hooks shall be so placed that they will also tend to prevent the staging members from falling if one wire rope breaks. Planks shall be at least 14 inches wide and consist of "structural plank" or the equivalent.

(b) Wire ropes shall not be tightened to the extent that the application of a scaffold load may overstress them.

NOTE: It is suggested that a hanger or set of falls be used every 50 feet to pick up the sag of the wire rope. Cables shall be continuous without splices between anchors.

(c) A safety factor of at least 6 shall be used in determining the size of wire rope to be used.

(d) The wire rope manufacturer's recommendations with respect to the number and spacing of clamps shall be followed. The clamps shall be placed with the "U" on the dead end. See Plate C-2, Appendix.

(e) Standard guardrail shall be installed to protect all open sides and ends of staging or safety nets shall be installed.

In lieu of guardrails or safety nets, safety belts and lanyards shall be used, provided the lanyard is tied off to the structure or to a separate cable for this purpose. (See Article 24 of the Construction Safety Orders.)

(f) A safe means of access and egress shall be provided to the stage at all times.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 1652 to Section 1666 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Section 1667§Sections Suspended, Power-Driven Scaffolds.

NOTE: For additional details relating to exterior building maintenance and window cleaning operations see Articles 5 and 6 of the General Industry Safety Orders.

(a) Powered scaffold platforms, not required to be completely railed, such as those supported by 2 or more hoisting units, shall at least have a protective railing, or equivalent, on all open sides and ends. The railing shall be not less than 36 inches nor more than 42 inches high, and it shall be capable of supporting a 200-pound concentrated load without permanent deflection.

(b) Loading. The total load on any 1 power unit shall not exceed the rated working capacity. If a unit is to support 500 pounds or more, special attention shall be given in advance to eliminate the possibility that the staging, hooks, shackles, parapet walls, and other load-carrying items will be overstressed. The total allowable load on stage ladders of the type described in Section 1660(f) shall not exceed 425 pounds.

(c) Wire Rope. Powered scaffolds shall be supported by wire rope providing a safety factor of 6 or more. It shall be 6 by 19 or 6 by 37 hemp center construction or better, not less than 5/16 inch in diameter, or with a breaking strength of not less than 6,000 pounds.

(d) Platforms shall not be less than 20 inches wide and shall be provided with a guardrail as specified in Section 1658(o). Platforms shall be designed to support the loads to be imposed without exceeding allowable working stresses established by recognized engineering practice.

(e) Safety Devices for Electric-Powered Unit.

(1) Wiring. All wiring including supply cords shall conform to the Electrical Safety Orders.

(2) Electrical Devices. All electrical devices, such as control switches, shall conform to the Electrical Safety Orders.

(3) Load Release. A hand-operated release mechanism to allow unit to descend faster than normal speed is prohibited.

(f) Safety Devices for Air-Powered Unit.

(1) Control Valve. Control valve shall be a nonlocking dead-man-control type. A shutoff valve shall be installed ahead of the control valve for the purpose of shutting off air when employees leave the stage.

(2) Load Release. A hand-operated release mechanism to allow unit to descend faster than normal speed is prohibited.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of Section 1662 to Section 1667 filed 7-24-87; operative 8-2-87 (Register 87, No. 33).

Section 1669§Sections General.

(a) When work is performed from thrustouts or similar locations, such as trusses, beams, purlins, or plates of 4-inch nominal width, or greater, at elevations exceeding 15 feet above ground, water surface, or floor level below and where temporary guardrail protection is impracticable, employees shall be required to use approved personal fall protection system in accordance with Section 1670.

(b) When requirements in subsection (a) are impractical, approved safety nets shall be used in accordance with Section 1671.

(c) When the work is of short duration (i.e., non-repetitive) and limited exposure and the hazards involved in rigging and installing the safety devices required by this Article equals or exceeds the hazards involved in the actual construction, these provisions may be temporarily suspended, provided adequate risk control is recognized and maintained under immediate, competent supervision.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (a) Note (Register 70, No. 48).

2. Amendment filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

3. Amendment of article heading and amendment of subsections (a) and (c) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

Section 1670§Sections Personal Fall Arrest Systems, Personal Fall Restraint Systems and Positioning Devices.

(a) Approved personal fall arrest, personal fall restraint or positioning systems shall be worn by those employees whose work exposes them to falling in excess of 7 1/2 feet from the perimeter of a structure, unprotected sides and edges, leading edges, through shaftways and openings, sloped roof surfaces steeper than 7:12, or other sloped surfaces steeper than 40 degrees not otherwise adequately protected under the provisions of these Orders. Note: (1) Requirements relating to fall protection for employees working at elevated locations on poles, towers and other structures are provided in Section 2940.6(b) and (c) of the High Voltage Electrical Safety Orders. (2) Requirements relating to fall protection for employees working on poles, towers, or similar structures are provided in Section 8615(g) of the Telecommunications Safety Orders. (3) Requirements relating to fall protection for employees working in roofing operations are provided in Section 1730 of the Construction Safety Orders.

(b) Personal fall arrest systems and their use shall comply with the provisions set forth below. Effective January 1, 1998, except as permitted in subsections (c) and (d), body belts shall not be used as part of a personal fall arrest system.

(1) On suspended scaffolds or similar work platforms with horizontal lifelines which may become vertical lifelines, the devices used to connect to a horizontal lifeline shall be capable of locking in both directions on the lifeline.

(2) Horizontal lifelines shall be designed, installed, and used, under the supervision of a qualified person, as part of a complete personal fall arrest system, which maintains a safety factor of at least two.

(3) Lanyards and vertical lifelines shall have a minimum breaking strength of 5,000 pounds.

(4) Except as provided in Section 1670(b)(5), when vertical lifelines are used, each employee shall be attached to a separate lifeline.

(5) During the construction of elevator shafts, two employees may be attached to the same lifeline in the hoistway, provided both employees are working atop a false car that is equipped with guardrails; the strength of the lifeline is 10,000 pounds [5,000 pounds per employee attached]; and all other criteria specified in this section for lifelines have been met.

(6) Lifelines shall be protected against being cut or abraded.

(7) Self-retracting lifelines and lanyards which automatically limit free fall distance to 2 feet or less shall be capable of sustaining a minimum tensile load of 3,000 pounds applied to the device with the lifeline or lanyard in the fully extended position.

(8) Self-retracting lifelines and lanyards which do not limit free fall distance to 2 feet or less, ripstitch lanyards, and tearing and deforming lanyards shall be capable of sustaining a minimum tensile load of 5,000 pounds applied to the device with the lifeline or lanyard in the fully extended position.

(9) Ropes and straps (webbing) used in lanyards, lifelines, and strength components of body belts and body harnesses shall be made from synthetic fibers except for when they are used in conjunction with hot work where the lanyard may be exposed to damage from heat or flame.

(10) Anchorages used for attachment of personal fall arrest equipment shall be independent of any anchorage being used to support or suspend platforms and capable of supporting at least 5,000 pounds per employee attached, or shall be designed, installed, and used as follows:

(A) as part of a complete personal fall arrest system which maintains a safety factor of at least two; and (B) under the supervision of a qualified person.

(11) Personal fall arrest systems, when stopping a fall, shall:

(A) limit maximum arresting force on an employee to 1,800 pounds when used with a body harness;

(B) be rigged such that an employee can neither free fall more than 6 feet, nor contact any lower level, and, where practicable, the anchor end of the lanyard shall be secured at a level not lower than the employee's waist;

(C) bring an employee to a complete stop and limit maximum deceleration distance an employee travels to 3.5 feet; and

(D) have sufficient strength to withstand twice the potential impact energy of an employee free falling a distance of 6 feet, or the free fall distance permitted by the system, whichever is less.

(12) The attachment point of the body belt shall be located in the center of the wearer's back. The attachment point of the body harness shall be located in the center of the wearer's back near shoulder level, or above the wearer's head.

(13) Body belts, harnesses, and components shall be used only for employee protection and not to hoist materials. Body belts used in conjunction with fall restraint systems or positioning devices shall limit the maximum arresting force on an employee to 900 pounds.

(14) The employer shall provide for prompt rescue of employees in the event of a fall or shall assure that employees are able to rescue themselves.

(15) Personal fall arrest systems shall be inspected prior to each use for wear, damage, and other deterioration, and defective components shall be removed from service.

(16) Body belts shall be at least one and five-eighths (1 5/8) inches wide.

(17) Personal fall arrest systems shall not be attached to hoists, except as specified in these Orders, nor shall they be attached to guardrails.

(18) When a personal fall arrest system is used at hoist areas, it shall be rigged to allow the movement of the employee only as far as the edge of the working level or working area.

(19) Each personal fall arrest system shall be inspected not less than twice annually by a competent person in accordance with the manufacturer's recommendations. The date of each inspection shall be documented.

(c) Positioning device systems.

Positioning device systems and their use shall conform to the following provisions:

(1) Positioning devices shall be rigged such that an employee cannot free fall more than 2 feet.

(2) Positioning device systems shall be inspected prior to each use for wear, damage, and other deterioration, and defective components shall be removed from service.

(3) The use of non-locking snaphooks shall be prohibited after January 1, 1998.

(4) Anchorage points for positioning device systems shall be capable of supporting two times the intended load or 3,000 pounds, whichever is greater.

(d) Personal fall restraint.

(1) Body belts or harnesses may be used for personal fall restraint.

(2) Body belts shall be at least one and five-eights (1-5/8) inches wide.

(3) Anchorage points used for fall restraint shall be capable of supporting 4 times the intended load.

(4) Restraint protection shall be rigged to allow the movement of employees only as far as the sides of the working level or working area.

(e) Lanyards shall be secured to a substantial member of the structure or to securely rigged lines.

(f) All fall arresting, descent control, and rescue equipment shall be approved as defined in Sections 1504 and 1505 and used in accordance with the manufacturer's recommendations.

(g) If an employee's duties require horizontal movement, rigging shall be provided so that the attached lanyard will slide along with the employee. Such rigging shall be provided for all suspended staging, outdoor advertising sign platforms, floats, and all other catwalks, or walkways 7 1/2 feet or more above the ground or level beneath. Note: For additional fall protection requirements during steel erection operations, see Article 29.

(h) Any lanyard, safety belt, harness, dropline, lifeline or other component subjected to in-service loading, as distinguished from static load testing, shall be immediately removed from service and shall not be used again for employee safeguarding. Note: For the purpose of this subsection, “in-service loading” shall mean loading equivalent to that received in a drop test.

(i) Lifelines and anchorages shall be capable of supporting a minimum dead weight of 5000 pounds.

Exception: Retractable lanyards, controlled descent and rescue devices provided they are approved as defined in Sections 1504 and 1505.

(j) Lifelines subject to excessive fraying or rock damage shall be protected and shall have a wire rope center. Seriously worn or damaged rope shall be promptly removed from service.

(k) All safety belts, harnesses and lanyards placed in service or purchased on or before February 1, 1997, shall be labeled as meeting the requirements contained in ANSI A10.14-1975, Requirements for Safety Belts, Harnesses, Lanyards, Lifelines and Drop Lines for Construction and Industrial Use or be in compliance with the requirement stated in Subsection (l).

(l) All personal fall arrest, personal fall restraint and positioning device systems purchased or placed in service after February 1, 1997, shall be labeled as meeting the requirements contained in ANSI A10.14-1991 American National Standard for Construction and Demolition Use, or ANSI Z359.1-1992 American National Standard Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (d)-(h) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

4. Change without regulatory effect amending subsection (c) filed 3-26-93; operative 4-26-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 13).

5. Amendment of section heading and subsection (a), new subsections (b)-(d)(4), subsection relettering, and amendment of newly designated subsections (j), (k) and (l), and new subsection (m) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

6. Change without regulatory effect amending subsections (i), (j) and (l) filed 1-6-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 2).

7. Amendment filed 11-21-2000; operative 12-21-2000 (Register 2000, No. 47).

8. Change without regulatory effect renumbering former subsections (c)(4) and (c)(5) to subsections (c)(3) and (c)(4) filed 1-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 3).

9. Change without regulatory effect renumbering former subsection (b)(20) to subsection (b)(19) filed 2-13-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).

10. Amendment of subsection (b)(11)(B) filed 6-15-2005; operative 7-15-2005 (Register 2005, No. 24).

Section 1671§Sections Safety Nets.

(a) Where the elevation is 25 feet or more above the ground, water surface, or continuous floor level below, and when the use of personal fall arrest systems, personal fall restraint systems, positioning device systems or more conventional types of protection are clearly impractical, the exterior and/or interior perimeter of the structure shall be provided with an approved safety net extending at least 8 feet horizontally from such perimeter and being positioned at a distance not to exceed 10 feet vertically below where such hazards exist, or equivalent protection provided safety nets shall extend outward from the outermost projection of the work surface as follows:

Nets shall be hung with sufficient clearance to prevent user's contact with the surfaces or structures below. Such clearances shall be determined by impact load testing.

EXCEPTION: See Section 1709(c) and 1710(k) and (l) for flooring requirements and nets for steel erection in tiered buildings and structures.

l

(b) Only one level of nets shall be required for bridge construction.

(c) Safety nets purchased on or after January 1, 1998 shall be labeled as meeting the requirements of American National Standards Institute (ANSI) A10.11-1989, American National Standard for Construction and Demolition Operations - Personnel and Debris Nets, Repair and Demolition Operations. Safety nets purchased before January 1, 1998 shall be labeled as meeting the requirements of ANSI A10.11-1979, Safety Nets Used During Construction, Repair and Demolition Operations, or ANSI A10.11-1989.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

3. Amendment of subsections (a) and (c) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

4. Change without regulatory effect amending subsection (c) filed 1-6-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 2).

5. Amendment of Exception to subsection (a) filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).

Section 1671.1§Sections Fall Protection Plan.

(a) This section applies to all construction operations when it can be shown by the employer that the use of conventional fall protection is infeasible or creates a greater hazard.

Note: There is a presumption that conventional fall protection is feasible and will not create a greater hazard. Accordingly, the employer has the burden of establishing that conventional fall protection is infeasible or creates a greater hazard.

Note

(1) The fall protection plan shall be prepared by a qualified person and developed specifically for the site where the construction work is being performed and the plan must be maintained up to date. The plan shall document the identity of the qualified person.

(2) Any changes to the fall protection plan shall be approved by a qualified person. The identity of the qualified person shall be documented.

(3) A copy of the fall protection plan with all approved changes shall be maintained at the job site.

(4) The implementation of the fall protection plan shall be under the supervision of a competent person. The plan shall document the identity of the competent person.

(5) The fall protection plan shall document the reasons why the use of conventional fall protection systems (guardrails, personal fall arrest systems, or safety nets) are infeasible or why their use would create a greater hazard.

(6) The fall protection plan shall include a written discussion of other measures that will be taken to reduce or eliminate the fall hazard for workers who cannot be provided with protection provided by conventional fall protection systems. For example, the employer shall discuss the extent to which scaffolds, ladders, or vehicle mounted work platforms can be used to provide a safer working surface and thereby reduce the hazard of falling.

(7) The fall protection plan shall identify each location where conventional fall protection methods cannot be used. These locations shall then be classified as controlled access zones and the employer must comply with the criteria in Section 1671.2(a).

(8) Where no other alternative measure (i.e. scaffolds, ladders, vehicle mounted work platforms, etc.) has been implemented, the employer shall implement a safety monitoring system in conformance with Section 1671.2(b).

(9) The fall protection plan must include a statement which provides the name or other method of identification for each employee (i.e., job title) who is designated to work in controlled access zones. No other employees may enter controlled access zones.

(10) In the event an employee falls, or some other related, serious incident occurs (e.g., a near miss), the employer shall investigate the circumstances of the fall or other incident to determine if the fall protection plan needs to be changed (e.g., new practices, procedures, or training) and shall implement those changes to prevent similar types of falls or incidents.

## Credits

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Note

History

History

1. New section filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

2. Editorial correction of subsection (a)(10) (Register 2006, No. 17).

3. Amendment of subsections (a)-(a)(1) filed 11-26-2024; operative 7-1-2025 (Register 2024, No. 48).

Section 1671.2§Sections Controlled Access Zones and Safety Monitoring Systems.

(1) When used to control access to areas where leading edge and other operations are taking place, the controlled access zone shall be defined by a control line or by any other means that restricts access. Signs shall be posted to warn unauthorized employees to stay out of the controlled access zone.

(2) When control lines are used, they shall be erected not less than 6 feet nor more than 25 feet from the unprotected or leading edge, except when erecting precast concrete members.

(3) When erecting precast concrete members, the control line shall be erected not less than 6 feet nor more than 60 feet or half the length of the member being erected, whichever is less, from the leading edge.

(4) The control line shall extend along the entire length of the unprotected or leading edge and shall be approximately parallel to the unprotected or leading edge.

(5) The control line shall be connected on each side to a standard railing or wall, or securely anchored on each end.

(6) Control lines shall consist of ropes, wires, tapes, or equivalent materials, and supporting stanchions as follows:

(A) Each line shall be flagged or otherwise clearly marked at not more than 6-foot intervals with high-visibility material.

(B) Each line shall be rigged and supported in such a way that its lowest point (including sag) is not less than 39 inches from the working level/working area and its highest point is not more than 45 inches.

(C) Each line shall have a minimum breaking strength of 200 pounds.

(b) Safety monitoring systems.

(1) The employer shall designate a competent person to monitor the safety of other employees and the employer shall ensure that the safety monitor complies with the following requirements:

(A) The safety monitor shall be competent to recognize fall hazards;

(B) The safety monitor shall warn the employee when it appears that the employee is unaware of a fall hazard or is acting in an unsafe manner;

(C) The safety monitor shall be within visual sighting distance of the employee and shall always be in communication with the employee being monitored; and,

(D) The safety monitor shall not have other responsibilities which could take the monitor's attention from the monitoring function.

(2) No employee, other than an employee covered by a fall protection plan, shall be allowed in an area where an employee is being protected by a safety monitoring system.

(3) Each employee working in a controlled access zone shall be directed to comply promptly with fall hazard warnings from safety monitors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

2. Amendment of subsection (b)(1)(C), repealer of subsection (b)(1)(D) and subsection relettering filed 11-21-2000; operative 12-21-2000 (Register 2000, No. 47).

3. Amendment of subsection (b)(1)(C) filed 9-12-2002; operative 10-12-2002 (Register 2002, No. 37).

Section 1675§Sections General.

(a) General requirements. Except where either permanent or temporary stairways or suitable ramps or runways are provided, ladders described in this section shall be used to give safe access to all elevations.

(b) All portable ladders used in construction shall comply with the provisions of Section 3276 of the General Industry Safety Orders.

(c) All fixed ladders used in construction shall comply with the provisions of Sections 3277 and 3278 of the General Industry Safety Orders.

(d) Single-rail ladders shall not be used.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. New subsections (m) and (n) filed 11-14-75; effective thirtieth day thereafter (Register 75; No. 46).

3. Amendment of subsection (h) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

5. Amendment of subsections (c) and (d) and new subsection (m) filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

6. Amendment of subsection (k) and new subsection (n) and explanatory Note filed 6-16-98; operative 7-16-98 (Register 98, No. 25).

7. Repealer of subsections (b)-(n), including repealer of explanatory Note, and new subsections (b)-(c) filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

8. Amendment of subsection (c) and new subsection (d) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

Section 1676§Sections Job-Made Ladders.

(a) Job-made ladders shall be constructed for intended use. If a ladder is to provide the only means of access or exit from a working area for 25 or more employees, or simultaneous two-way traffic is expected, a double cleat ladder shall be installed.

NOTE: Cleats for job-made ladders are defined as crosspieces used by a person in ascending or descending a ladder. Cleats are also known as steps or rungs.

(b) Side rails, when of wood, shall be the equivalent of dressed Douglas fir "selected lumber", free from sharp edges and splinters, and shall not have knots, except for an occasional one less than 1/2-inch in diameter that appears only on the wide face and is at least 1/2-inch back from either edge.

If splicing of side rails is necessary to attain the required length, the splice shall develop the full strength of a continuous side rail of the same length.

(c) Cleats of wood shall be clear, straight-grained and absolutely free from knots of any size that appear in the narrow face. Knots appearing in the wide faces of cleats shall not exceed a diameter of 1/4-inch. Cleats shall be uniformly spaced within 1/4-inch tolerance, and not farther apart than 12 inches measured from the tops of cleats. The clear space in the plane of the cleats between the top of any cleat and an obstruction above shall be at least 4 1/2 inches.

EXCEPTION: The cleat of ladders used only by hod carriers and plaster tenders shall be uniformly spaced within 1/4-inch tolerance at not more than 9 inches measured from the tops of cleats.

(d) Double cleat ladders shall not exceed 24 feet in length.

(e) Single cleat ladders shall not exceed 30 feet in length between supports (base and top landing). If ladders are to connect different landings, or if the length required exceeds this maximum length, two or more separate ladders shall be used, offset with a platform between each ladder. Guardrails and toeboards shall be erected on the exposed sides of the platforms.

(f) The width of single cleat ladders shall be at least 15 inches, but not more than 20 inches, between rails at the top.

(g) Side rails shall be parallel or flared top to bottom by not more than one-quarter of an inch for each 2 feet of length.

(h) 2-inch by 4-inch lumber shall be used for side rails of single cleat ladders up to 16 feet long: 3-inch by 6-inch lumber shall be used for single cleat ladders from 16 to 30 feet in length.

(i) 2-inch by 4-inch lumber shall be used for side and middle rails of double cleat ladders up to 12 feet in length: 2-inch by 6-inch lumber for double cleat ladders from 12 to 24 feet in length.

(j) Cleats shall be inset into the edges of the side rails one-half inch, or filler blocks shall be used on the rails between the cleats. The cleats shall be secured to each rail with three 10d common wire nails or other fasteners of equivalent strength. Cleats shall be uniformly spaced, 12 inches top-to-top. Double-head nails shall not be used for ladder construction.

(k) Every portable ladder shall be of such material, size, and construction that it will safely carry the load to be placed thereon. Ladders which are customarily used for special purposes, such as those used for access to and additional support for overhead platforms, ladder brackets, and ladder scaffolding, shall be of such design, material, and construction that they will support all normal loads which may be imposed upon them.

NOTE: It is recognized that the stresses in ladders are of a somewhat indeterminate nature and are difficult of analysis, but when the Division has determined that ladders may not safely carry the loads placed thereon, the Division may require that they be tested according to the following:The material, size, and construction of every portable ladder to be such that when placed at an angle obtained by moving the foot of the ladder out of the perpendicular a distance equal to 1/4 its length, it will support a vertical load of at least 200 pounds applied at the center of the middle step without imposing stresses in excess of the allowable working stresses of the material used in the ladder. The material, size, and construction of every fixed ladder to be such that it will support a vertical load of at least 200 pounds applied at the center of any step without imposing stresses in excess of the allowable safe working stresses of the materials used in the ladder.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (c) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

4. Editorial correction of subsection (k) printing error (Register 86, No. 44).

5. Amendment of subsections (a)-(c) and repealer of subsection (l) filed 1-3-2000; operative 2-2-2000 (Register 2000, No. 1

Section 1733§Sections Permits. (Repealed)

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

2. Certificate of Compliance filed 11-22-74 (Register 74, No. 48).

3. Certificate of Compliance refiled 11-27-74 (Register 74, No. 48).

4. Repealer and new section filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

5. Repealer filed 12-4-86; effective thirtieth day thereafter (Register 86, No.49).

Section 1734§Sections Supervision.

(a) Demolition work shall at all times be under the immediate supervision of a qualified person with the authority to secure maximum safety for employees engaged in demolition work.

(b)(1) Prior to permitting employees to start demolition operations, a qualified person shall make a survey of the structure to determine the condition of the framing, floors, and walls, and the possibility of an unplanned collapse of any portion of the structure. Any adjacent structure where employees may be exposed shall also be similarly checked.

(2) The survey shall be in written form, kept on the job-site and made available to the Division upon request. The written survey shall be maintained for the duration of the demolition project.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (b) filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).

3. Amendment of subsection (a) and newly designated subsection (b)(1) and new (b)(2) filed 5-22-95; operative 6-21-95 (Register 95, No. 21).

Section 1735§Sections Demolishing Buildings.

(a) Utility companies shall be notified and all utility service shut off, capped, or otherwise controlled, at the building or curb line before starting demolition, unless it is necessary to use electricity or water lines during demolition. If use is necessary, the utility services shall be relocated or rearranged as necessary and protected from physical damage.

(b) It shall also be determined if any type of hazardous chemicals, gases, explosives, flammable materials, or similarly dangerous substances have been used in any pipes, tanks, or other equipment on the property. When the presence of any such substances is apparent or suspected, testing and purging shall be performed and the hazard eliminated before demolition is started.

(c) Pipe-covering insulation, steel beam and column fire protection, and heating, ventilating and air-conditioning duct work shall be surveyed for asbestos. If asbestos is present, the employer shall comply with Section 1529.

(d)(1) Prior to starting demolition operations, all structural or other hazardous deficiencies noted during the survey required by Section 1734(b)(1) shall be shored, braced or otherwise corrected as recommended in the survey.

(2) Walls, which serve as retaining walls to support earth or adjoining structures, shall not be demolished until the hazard from moving ground has been eliminated by sloping, shoring or, where necessary, adjoining structures have been properly underpinned.

(3) Walls, which are to serve as retaining walls against which debris will be piled, shall not be so used unless determined to be capable of safely supporting the imposed load.

(4) During demolition, continuing inspections shall be made as the work progresses to detect hazards resulting from weakened or deteriorated floors or walls, or loosened material.

Employees shall not be permitted to work where such hazards exist until they are corrected by shoring, bracing, or other effective means.

(e) In demolishing any building or structure or alteration involving partial demolition thereof, all material displaced, unless required for reconstruction, shall be transported immediately to the ground. The amount of material stored upon any structure or any portion of such structure shall not exceed its safe carrying capacity.

(f)(1) Except for the cutting of holes in floors for chutes, holes through which to drop materials, preparation of storage space, and similar necessary preparatory work, the demolition of exterior walls and floor construction shall begin at the top of the structure and proceed downward and each story of exterior wall and floor construction shall be removed and dropped into the storage space before commencing the removal of exterior walls and floors in the story next below.

(2) Any openings cut in a floor for the disposal of materials shall be no larger in size than 25 percent of the aggregate of the total floor area, unless the lateral supports of the removed flooring remain in place. Floors weakened or otherwise made unsafe by demolition operations shall be shored to safely support the intended imposed load from demolition operations.

(3) Flooring boards may be removed from not more than one floor above grade to provide storage space for debris, provided falling material is not permitted to endanger structural stability.

(4) When wood floor beams serve to brace interior walls or free-standing exterior walls, such beams shall be left in place until other equivalent support can be installed to replace them.

NOTE: For selective demolition by explosives of buildings and structures, refer to appropriate Articles of Group 18, Explosives and Pyrotechnics of the General Industry Safety Orders and this Article.

(g) Sections of walls shall not be allowed to fall upon floors supported by wood joists or other floors unable to withstand such impact.

(h) Walkways that meet the requirements of Section 1624 shall be provided where necessary for access.

(i) Walking across exposed floor joists, steel beams, or girders is prohibited.

(j) All persons on demolition projects shall be protected from falling material at employee entrances to multi-story structures being demolished, by sidewalk sheds or canopies or both, providing protection extending from the face of the building for a minimum of 8 feet. All such canopies shall be at least two feet wider than the building entrances or openings (one foot wider on each side thereof) and shall be capable of sustaining a load of 150 pounds per square foot.

(k) Exterior wall openings on all floors shall be protected to a height of not less than 42 inches, except on the ground floor and the floor being demolished.

(l) Where a hazard exists from fragmentation of glass, all glazed openings shall be removed at least one floor below the working level.

(m)(1) No wall section, which is more than one story or 12 feet in height, shall be permitted to stand alone without lateral bracing, unless a civil engineer, currently registered in California, has submitted engineering data to the Division substantiating the capability of the wall to stand without lateral support.

(2) All walls shall be left in a stable condition at the end of each work day.

(n) Steel construction shall be dismantled column length by column length, and tier by tier (columns may be two-story lengths.) Any structural unit being dismantled shall not be overstressed.

(o) Planks spanning the distance between adequate beams shall be used where necessary as a substitute for weakened floors, and as access walkways over open or weakened areas.

When demolishing floors and roofs, employees shall be prohibited from working below this activity. Demolition of floor spaces shall continue until all unsupported flooring is removed. When employees are required to remove floor support beams, wall sections, etc., by hand, scaffolding as described in Article 21 of the Construction Safety Orders or elevating work platforms and aerial devices as described in Article 24 of the General Industry Safety Orders shall be provided and used where necessary to insure employee safety.

(p)(1) Stairways designated as means of access shall be maintained clear for use within two floors or twenty-four feet of the demolition work above.

(2) Ladders shall be provided for these remaining two floors and shall be constructed and maintained in accordance with Article 25, Ladders. Other access ways shall be entirely closed off at all times.

(3) Walkways or ladders shall be provided to enable employees to safely reach or leave any scaffold or wall.

(q) In a multi-story building, when a stairwell is being used for access or egress, it shall be properly illuminated by either natural or artificial means, and completely and substantially covered over at a point not less than two floors below the floor on which work is being performed, and access to the floor where the work is in progress shall be through a properly lighted, protected, and separate passageway.

(r)(1) Construction passenger elevators for hoisting employees shall be provided on demolition projects on multi-story buildings seven or more floors or seventy-two feet or more in height.

(2) Landings shall be provided for the passenger elevators on or in buildings at intervals not to exceed four floors or forty-eight feet.

(3) Where there is doubt concerning structural integrity or engineering data indicates attachment of an elevator may jeopardize the strength of the building or structure, the Division may permit alternate methods of installation. Other means of employee access may also be allowed by the Division where the above is clearly impractical.

(s) If the method of demolition leaves the structural steel frame in place, then the tier of beams next below the tier from which beams and columns are being removed shall be planked over, unless safety nets are used or the floor of such tier has not been removed. Necessary openings for material handling are allowed. All loose material shall be removed from the steel frame as demolition progresses downward.

(t) Provisions for dust control shall include the use of water to keep material or debris sufficiently wet or other equivalent steps taken to prevent dust from rising.

(u) Mechanical equipment shall not be used on floors or working surfaces unless a qualified person has determined that such floors or surfaces are of sufficient strength to support the imposed load.

(v) Where mechanical equipment is used for demolition work, floor openings shall have curbs or stop-logs to prevent equipment from running over the edge.

(w) No salvage of materials shall be permitted during demolition operations on any building, structure, falsework or scaffold more than three stories high or the equivalent height for which a permit is required.

NOTE: For mechanical demolition of buildings and structures, refer to appropriate sections of Article 10 of the Construction Safety Orders, Article 93 of the General Industrial Safety Orders, and this Article.

Note: Authority cited: Sections 142.3, Labor Code. Reference: Sections 142.3 and 6401.5, Labor Code.

Sections 142.3, Labor Code

Sections 142.3

6401.5, Labor Code

HISTORY

1. Amendment filed 2-11-72, effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 5-21-75, effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of subsection (n) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

4. New subsection (z) filed 4-3-78; effective thirtieth day thereafter (Register 78, No. 13).

5. Amendment filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).

6. Editorial correction of printing error in subsection (o) (Register 92, No. 33).

7. Amendment filed 5-22-95; operative 6-21-95 (Register 95, No. 21).

8. Editorial correction redesignating erroneous second subsection (g) as subsection (q) (Register 2010, No. 34).

Section 1736§Sections Disposal of Waste Material.

(a) Whenever waste material is dropped to any point lying outside the exterior walls of the building, enclosed chutes shall be used unless the area is effectively protected by barricades, fences or equivalent means. Signs shall be posted to warn employees of the hazards of falling debris.

(b) When chutes are used to load trucks, they shall be fully enclosed. Gates shall be installed in each chute at or near the discharge end. A qualified person shall be assigned to control the operation of the gate, and the backing and loading of trucks.

(c) Enclosed chutes should be designed for free flow of material, but if clogging or stoppages occur, employees shall not remove material from the chutes with their hands. Picks or other suitable implements shall be used for this purpose.

(d) Any chute opening, into which employees dump debris by hand, shall be protected by a guardrail. Any open spaces between the chute and the edge of floor openings through which the chute passes shall be covered over.

(e) When operations are not in progress, the discharge end of the chute shall be securely closed off, or the area barricaded or fenced as provided in Section 1736(a).

(f) When debris is dropped through holes in the floor without the use of chutes, the area onto which the material is dropped shall be completely enclosed with barricades not less than 42 inches high, and not less than six feet back from the projected edge of the opening above. Signs warning of the hazard of falling materials shall be posted at each level. Debris removal shall not be permitted in this lower drop area until debris handling ceases above.

(g) All scrap lumber, waste material, and rubbish shall be removed from the immediate work area as the work progresses.

(h) All solvent waste, oily rags, and flammable liquids shall be kept in fire resistant covered containers until removed from the work site.

(i)(1) Where the material is dumped from mechanical equipment or wheelbarrows, a securely attached toeboard or bumper, not less than six inches thick and six inches high, shall be provided at each chute opening.

(2) Chutes shall be designed and constructed of such strength as to eliminate failure due to impact of materials or debris loaded therein.

(j) All material chutes, or sections thereof, at an angle of more than 45 degrees from the horizontal, shall be entirely enclosed, except for openings equipped with closures at or about floor level for the insertion of materials. The openings shall not exceed 48 inches in height measured along the wall of the chute. At all stories below the top floor, such openings shall be kept closed when not in use.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment of subsection (b) and new subsection (h) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21). for specific requirements involving permit requirements, see the Unfired Pressure Vessel Safety Orders.

3. Amendment filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).

4. Amendment of section heading, subsections (a)-(c), new subsection (d), subsection relettering, amendment of newly designated subsections (e)-(f) and (i)(1), and new subsection (j) filed 5-22-95; operative 6-21-95 (Register 95, No. 21).

Section 1737§Sections Fire Prevention. (Repealed)

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-11-72; effective thirtieth day thereafter (Register 72, No.7).

2. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Repealer filed 12-4-86; effective thirtieth day thereafter (Register 86, No.49).

Section 1920§Sections General Requirements.

(a) The employer shall be responsible for the development of a fire protection program to be followed throughout all phases of the construction work; and he shall provide for the fire fighting equipment as specified in this Article. As fire hazards occur, there shall be no delay in providing the necessary fire protection and/or prevention equipment.

NOTE: In cases where orders of local jurisdiction are more restrictive, those orders shall prevail.

(b) A safe and unobstructed access to all available fire fighting equipment shall be maintained at all times.

(c) All fire fighting equipment, provided by the employer, shall be conspicuously located or the location conspicuously marked.

(d) All fire fighting equipment shall be maintained in operating condition. Defective equipment shall be immediately replaced.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 36 (Sections 1920-1937, not consecutive) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (d) filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

Section 1921§Sections Water Supply.

(a) A temporary or permanent water supply, of sufficient volume, duration, and pressure, required to properly operate the fire fighting equipment as required by these orders shall be made available as soon as combustible materials accumulate.

(b) Where underground water supply lines are to be provided, they shall be installed, completed, and made available for use as soon as practicable.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

Section 1922§Sections Portable Fire Fighting Equipment.

(a) Fire Extinguishers and Small Hose Lines.

(1) A fire extinguisher, rated not less than 2A, shall be provided for each 3,000 square feet of the floor area, or fraction thereof. Where the floor area is less than 3,000 square feet at least one extinguisher shall be provided. Travel distance from any point of the protected area to the nearest fire extinguisher shall not exceed 75 feet.

One 55-gallon open container of water with two fire pails may be substituted for a fire extinguisher having a 2A rating.

A 3/4-inch diameter garden-type hose line, not to exceed 75 feet in length and equipped with an adjustable nozzle, may be substituted for a 2A-rated fire extinguisher, provided it is connected to a reliable water pressure system capable of discharging a minimum, continuous flow of 5 gallons per minute with a minimum hose stream range of 30 feet horizontally. The garden-type hose lines shall be mounted on conventional racks or reels. The number and location of hose racks or reels shall be such that at least one hose stream can be applied to all points in the floor area.

At least one fire extinguisher rated not less than 2A, shall be provided on each floor. In multi-story buildings, at least one fire extinguisher shall be located adjacent to the stairway at each floor level.

EXCEPTION: Single family residential dwellings other than apartments, lodging houses, hotels or dormitories provided that there is at least one fire extinguisher rated not less than 2A, or the equivalent, available at the job site during working hours.

(2) Extinguishers and water containers subject to freezing shall be protected from freezing.

(3) A fire extinguisher, rated not less than 10B, shall be provided within 50 feet of wherever more than 5 gallons of flammable or combustible liquids or 5 pounds of flammable gas are being used on the job site. This requirement does not apply to the integral fuel tanks of motor vehicles.

(4) Portable fire extinguishers shall be inspected monthly, or at more frequent intervals, and serviced at least annually by a person licensed or registered by the State Fire Marshal as required by the Health and Safety Code, Division 12, Part 2, Chapter 1.5, Articles 2, 3, and 6.

NOTE: Inspection is a "quick check" that an extinguisher is available and will operate. It is intended to give reasonable assurance that the extinguisher is fully charged and operable. This is done by seeing that it is in its designated place, that it has not been actuated or tampered with, and that there is no obvious or physical damage or condition to prevent operation.

NOTE: Service as defined in the State Fire Marshal's regulations pertains to the act of charging, recharging, inspecting, repairing, and hydrostatic testing of any portable fire extinguisher.

(5) The selection of extinguishers for a given situation will depend upon the character of the fires anticipated, the construction and occupancy of the individual property, the vehicle or hazard to be protected, ambient temperature conditions, and other factors. The number of extinguishers required shall be determined by reference to Section 6151 of the General Industry Safety Orders. Portable fire extinguishers shall be limited to those listed or bearing labels of the Underwriters' Laboratory or laboratories approved by the State Fire Marshal. (See Table A-2-1, NFPA 10-1984)

(b) Fire Hose and Connections.

(1) Up to 100 feet of 1 1/2-inch hose, with a nozzle capable of discharging a continuous flow of water at 25 gallons or more per minute may be substituted for a fire extinguisher rated not more than 2A in the designated area provided that the hose line can reach all points in the floor area.

(2) If fire hose connections are not compatible with local fire fighting equipment, the contractor shall provide adapters, or equivalent, to permit connections.

NOTE: For demolition in construction, see Section 1737, "Fire Prevention."

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction of subsection (a)(4) filed 6-10-83 (Register 83, No. 24).

3. Amendment of subsection (a) filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

Section 1923§Sections Fixed Fire Fighting Equipment.

(a) Sprinkler Protection.

(1) If the facility being constructed includes the installation of automatic sprinkler protection which is proposed to be used in lieu of temporary protection, the installation shall closely follow the construction and be placed in service as soon as applicable laws permit following completion of each story.

(2) During demolition or alterations, existing automatic sprinkler installations shall be retained in service as long as reasonable. The operation of sprinkler control valves shall be permitted only by qualified persons. Modification of sprinkler systems to permit alterations or additional demolition should be expedited so that the automatic protection may be returned to service as quickly as possible. Sprinkler control valves shall be checked daily to ascertain that the protection is in service.

(3) During the construction of a building and until the permanent fire extinguishing system has been installed and in service, fire protection shall be provided in accordance with these orders.

(b) Standpipes.

(1) In all structures in which standpipes are required, or where standpipes exist in structures being altered, they shall, unless replaced by temporary construction protection, be brought up as soon as applicable laws permit, and shall be maintained as construction progresses in such a manner that they are always ready for fire protection use. The standpipes shall be provided with Siamese fire department connections on the outside of the structure, at the street level and shall be conspicuously marked and accessible. There shall be at least one standard hose outlet at each floor. These installations, when planned as part of the permanent installation, shall meet the applicable requirements of Articles 158 and 159 of the General Industry Safety Orders.

(2) Every building six (6) stories or more in height shall be provided with not less than one operable standpipe. Such standpipes shall be installed when the progress of construction is not more than 50 feet in height above grade. Such standpipes shall be provided with fire department outlet connections at accessible locations adjacent to usable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.

Where permanent fire protection equipment is required by local jurisdiction, it may be used during construction provided it is constructed concurrently and progressively with the structure and is maintained operational and accessible.

(3) Every floor shall be provided with not less than one 2 1/2-inch valve outlet for fire department use. Where construction height requires installation of a combination standpipe, fire pumps and water connections shall be provided to serve the standpipe.

NOTE: For specific requirements for portions of the fire protection system not contained in these orders, refer to Article 158 of the General Industry Safety Orders or consult with the local fire authorities.

(4) Temporary standpipes may be provided in place of permanent systems if they are designed to furnish a minimum continuous flow of 75 gallons of water per minute at 50 pounds per square inch pressure with a standpipe size of not less than 4 inches. All outlets shall be not less than 2 1/2 inches. Pumping equipment sufficient to provide this pressure and volume shall be available at all times when a combination system is required.

(5) Standpipe systems for buildings under construction, if a part of the permanent system, shall be installed as required for permanent standpipe systems and meet the applicable requirements of Articles 158 and 159 of the General Industry Safety Orders.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

Section 1924§Sections Fire Alarm Devices.

(a) An alarm system, e.g., telephone system, siren, etc., shall be established by the employer whereby employees on the site and the local fire department can be alerted for an emergency.

(b) The alarm code and reporting instructions shall be conspicuously posted at phones and at employee entrances.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

Section 1925§Sections Fire Cutoffs.

(a) Fire walls and exit stairways, required for the completed buildings, shall be given construction priority. Fire doors, with automatic closing devices, shall be hung on openings as soon as practicable.

(b) Fire cutoffs shall be retained in buildings undergoing alterations until operations necessitate their removal.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

Section 1929§Sections Scope (Sections 1930-1936, Flammable and Combustible Liquids).

The following sections 1930 through 1936 apply to the handling, storage, and use of flammable and combustible liquids. These sections do not apply to:

(a) Bulk transportation of flammable liquids; and

(b) Storage, handling, and use of fuel oil tanks and containers connected with oil burning equipment.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Section 1930§Sections Flammable and Combustible Liquids.

(a) General.

(1) Only approved containers and portable tanks shall be used for storage and handling of flammable liquids and liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids). Approved safety cans or Department of Transportation approved containers shall be used for the handling and use of flammable liquids and liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids) in quantities of 5 gallons or less.

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For quantities of one gallon or less, the original container may be used, for storage, use and handling of flammable liquids and liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids).

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(2) Containers and portable tanks for flammable liquids and liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids) shall conform to Table A.

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Table A

Maximum Allowable Size of Containers and Portable Tanks

SI Units: 1 pt. = 0.43 L; 1 qt. = 0.95 L; 1 gal. = 3.785 L

NOTE 1: “Other”: Liquids with a flashpoint greater than 199.4oF (93.oC) (formerly designated Class IIIB Combustible liquids)

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(3) Portable tanks shall have emergency venting and other devices as required by the Flammable and Combustible Liquids Code (NFPA 30-2012).

(4) Flammable liquids or liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids) shall not be stored so as to limit use of exits, stairways or areas normally used for the safe egress of people.

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(A) Storage in excess of 25 gallons of flammable liquids or 60 gallons of liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids) shall be within cabinets constructed to the requirements of NFPA 30.

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(B) Not more than 25 gallons of flammable liquids shall be stored in a room outside of an approved storage cabinet.

(5) Not more than 120 gallons of Category 1, 2, 3 and 4 flammable liquids may be stored in a storage cabinet. Of this total, not more than 60 gallons may be of Category 1, 2 and 3 flammable liquid. Not more than three such cabinets may be located in a single fire area, except that in an industrial occupancy additional cabinets may be located in the same fire area if the additional cabinet, or group of not more than three cabinets, is separated from any other cabinets or group of cabinets by at least 100 feet.

(b) Flammable liquids and liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids) in excess of that permitted in inside storage rooms shall be stored outside of buildings in accordance with Section 1932.

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Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

2. Amendment filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Section 1931§Sections Inside Storage.

(a) Inside storage rooms shall be constructed in accordance with NFPA 30-2012.

(b) Materials which will react with water shall not be stored in the same room with flammable or combustible liquids.

(c) Storage in inside storage rooms shall comply with the following:

* Fire protection system shall be sprinkler, water spray, carbon dioxide, or other system approved by a nationally recognized testing laboratory for this purpose.

(d) Electrical wiring and equipment located in inside storage rooms shall be approved for Class I, Division 1 Hazardous Locations in accordance with the Low Voltage Electrical Safety Orders.

(e) Provisions shall be made for ventilation of inside storage rooms in accordance with General Industry Safety Orders, Section 5143.

Every inside storage room shall be provided with either a gravity or a mechanical exhausting system. Such system shall commence not more than 12 inches above the floor and be designed to provide for a complete change of air within the room at least 6 times per hour. If a mechanical exhausting system is used, it shall be controlled by a switch located outside of the door. The ventilating equipment and any lighting fixtures shall be operated by the same switch. An electric pilot light shall be installed adjacent to the switch if Category 1, 2 or 3 flammable liquids are dispensed within the room. Where gravity ventilation is provided, the fresh air intake, as well as the exhausting outlet from the room, shall be on the exterior of the building in which the room is located.

(f) In every inside storage room there shall be maintained one clear aisle at least three feet wide. Containers over 30 gallons capacity shall not be stacked one upon the other. Dispensing shall be by approved pump or self-closing faucet only.

(g) “Quantity.” The quantity of flammable liquids and liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids) kept in the vicinity of spraying operations shall be the minimum required for operations and should not exceed a supply for 1 day or one shift. Bulk storage of portable containers of flammable liquids and liquids with a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids) shall be in a separate, constructed building detached from other important buildings or cut off in a standard manner. See Section 5451 of the General Industry Safety Orders for additional requirements.

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Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

2. Editorial correction of subsection (e) (Register 95, No. 21).

3. Amendment of section heading and section filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Section 1932§Sections Storage Outside Buildings.

(a) Storage outside buildings shall be in accordance with Table B.

NOTE 1: When two or more classes of materials are stored in a single pile, the maximum gallonage in that pile shall be the smallest of the two or more separate gallonages.

NOTE 2: Within 200 feet of each container, there shall be a 12-foot wide access way to permit approach of fire control apparatus.

NOTE 3: The distances listed apply to properties that have protection for exposures as defined. If there are exposures, and such protection for exposures does not exist, the distances in column four shall be doubled.

NOTE 4: When total quantity stored does not exceed 50% of maximum per pile, the distances in columns four and five may be reduced 50%, but not less than three feet.

(b) The storage area shall be graded in a manner to divert possible spills away from buildings or other exposures or shall be surrounded by a curb at least 12 inches high. When curbs are used, provisions shall be made for draining of accumulations of ground or rain water or spills of flammable or combustible liquids. Drains shall terminate at a safe location and shall be accessible to operation under fire conditions.

(c) All available precautions shall be taken to protect the storage area against tampering or trespassers where necessary. The area shall be kept free of vegetation and combustible material.

(d) Each portable tank shall be provided with one or more devices installed in the top with sufficient emergency venting capacity to limit internal pressure under fire exposure conditions to 10 psig, or 30 percent of the bursting pressure of the tank, whichever is greater. The total venting capacity shall be not less than that specified in Section 1932(e) below. At least one pressure-actuated vent having a minimum capacity of 6,000 cubic feet of free air per hour (14.7 psig and 60oF.) shall be used. It shall be set to open at not less than 5 psig. If fusible vents are used, they shall be actuated by elements that operate at a temperature not exceeding 300oF.

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Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

2. Amendment of section heading filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Section 1933§Sections Fire Control.

(a) Suitable fire control devices, such as small hose or portable fire extinguishers, shall be available at locations where flammable or combustible liquids are stored.

(b) At least one portable fire extinguisher having a rating of not less than 20-B units shall be located outside of, but not more than 10 feet from, the door opening into any room used for storage.

(c) At least one portable fire extinguisher having a rating of not less than 20-B units shall be located not less than 25 feet, nor more than 75 feet, from any flammable liquid storage area located outside.

(d) When sprinklers are provided, they shall be installed in an approved manner.

NOTE: For information on proper sprinkler system installation, consult the California Fire Code, California Code of Regulations, Title 24, Section 903.3 “Installation Requirements” for Automatic Sprinkler Systems and/or your local jurisdiction fire department.

(e) At least one portable fire extinguisher having a rating of not less than 20-B:C units shall be provided on all tank trucks or other vehicles used for transporting and/or dispensing flammable or combustible liquids.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

2. Amendment of subsection (d), including new Note, filed 7-23-2013; operative 10-1-2013 (Register 2013, No. 30).

Section 1934§Sections Dispensing Liquids.

(a) Areas in which flammable or combustible liquids are transferred at one time, in quantities greater than 5 gallons from one tank or container to another tank or container, shall be separated from other operations by 25-feet distance or by construction having a fire resistance of at least 1 hour. Drainage or other means shall be provided to control spills. Adequate natural or mechanical ventilation shall be provided to maintain the concentration of flammable vapor at or below 10 percent of the lower flammable limit.

(b) Transfer of Category 1, 2 or 3 flammable liquids from one container to another shall be done only when containers are electrically interconnected (bonded). Bonding or grounding of tanks, tank vehicles, tank cars, etc., shall be in accordance with NFPA 77-2007, which is incorporated herein by reference.

(c) Flammable liquids shall be drawn from or transferred into vessels, containers or portable tanks within a building or outside only through a closed piping system, from safety cans, by means of a device drawing through the top, or from a container or portable tanks by gravity or pump through an approved self-closing valve. Transferring any liquids by means of air pressure on the container or portable tanks shall be prohibited.

(d) The dispensing unit and its piping shall be protected against collision damage.

(e) Dispensing devices and nozzles for Category 1, 2 or 3 flammable liquids shall be of an approved type.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

2. Amendment of subsections (b), (c) and (e) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Section 1935§Sections Use of Flammable Liquids.

(a) Category 1, 2 or 3 flammable liquids shall be kept in closed containers when not actually in use.

(b) Leakage or spillage of flammable or combustible liquids shall be disposed of promptly and safely.

(c) Category 1, 2 or 3 flammable liquids may be used only where there are no open flames or other sources of ignition within 50 feet of the operation, unless conditions warrant greater clearance.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

2. Amendment filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Section 1936§Sections Service and Refueling Areas.

(a) Flammable liquids shall be stored in approved closed containers, in approved tanks located underground, or in approved aboveground portable tanks.

(b) Dispensing devices for Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100oF (37.8oC) shall be of approved type. The dispensing nozzle shall be of an approved automatic-closing type without a latch-open device.

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(c) Underground tanks taken out of service shall be safeguarded or disposed of by any one of the three following means:

(1) Placed in a “temporarily out of service” condition. Tanks should be rendered “temporarily out of service” only when it is planned that they will be returned to active service within a reasonable period or pending removal or abandonment within 90 days.

(2) Abandoned in place with proper safeguarding to render them inactive to explosion and/or collapse.

(3) Removed.

(d) For emergency power cutoff, a clearly identified and easily accessible switch(es) or circuit breaker(s) shall be provided at a location remote from dispensing devices, including remote pumping systems, to shut off the power to all dispensing devices in the event of an emergency.

(e) Heating equipment of an approved type may be installed in the lubrication or service area where there is no dispensing or transferring of Category 1 or 2 flammable liquids or Category 3 flammable liquids with a flashpoint below 100oF (37.8oC) provided the bottom of the heating unit is at least 18 inches above the floor and the heating equipment is protected from physical damage.

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(f) Heating equipment installed in lubrication or service areas, where Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100oF (37.8oC) are dispensed, shall be of an approved type for garages, and shall be installed at least 8 feet above the floor.

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(g) Smoking or open flames shall not be permitted in the areas used for fueling, servicing fuel systems for internal combustion engines, receiving or dispensing of flammable liquids. Conspicuous and legible signs prohibiting smoking shall be posted within sight of the person being served. The motors of all equipment being fueled shall be shut off during the fueling operation except for emergency generators, pumps, etc., where continuing operation is essential.

(h) Each service or fueling area shall be provided with at least one fire extinguisher having a rating of not less than 20-B:C located so that an extinguisher will be within 75 feet of each pump, dispenser, underground fill pipe opening, and lubrication or service area.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

2. Amendment of subsections (a), (b), (e) and (f) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Section 1937§Sections Repairs and Alterations to LP-Gas Containers.

(a) No repairs or alterations involving flame, arc, or other method of welding, shall be made on any tank, cylinder, or system unless such tank, cylinder, or system shall first have been certified as free of combustible gases by competent personnel.

(b) No repair or alteration affecting the safety of the tank or cylinder shall be made to any LP-Gas tank or cylinder until the contemplated repair or alteration has been approved by a qualified inspector. Nothing in this order shall prohibit the exchange or interchange of valves, fittings, and accessories intended for the same purpose.

(c) All repairs affecting the safety of LP-Gas tanks shall be reported to the Division within twenty-one days (21 days) by the qualified inspector authorizing such repairs.

(d) Any welding necessary when making repairs or alterations to tanks shall be done by a welder qualified in accordance with Section IX of the ASME Code in the position or positions used in making the repair. Repairs to DOT cylinders shall be made under DOT regulations and control.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

Section 1938§Sections Construction Site, General.

(a) Internal combustion engine powered equipment shall be so located that the exhausts are well away from combustible materials. When the exhausts are piped to outside the building under construction, a clearance of at least 6 inches shall be maintained between such piping and combustible material.

(b) Temporary buildings.

(1) No temporary building shall be erected where it will adversely affect any means of exit.

(2) Temporary buildings, when located within another building or structure, shall be of either noncombustible construction or of combustible construction having a fire resistance of not less than 1 hour.

(3) Temporary buildings, located other than inside another building and not used for the storage, handling, or use of flammable or combustible liquids, flammable gases, explosives, or blasting agents, or similar hazardous occupancies, shall be located at a distance of not less than 10 feet from another building or structure. Groups of temporary buildings, not exceeding 2,000 square feet in aggregate, shall, for the purposes of this section, be considered a single temporary building.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

Section 3203§Sections Injury and Illness Prevention Program.

(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a minimum:

(1) Identify the person or persons with authority and responsibility for implementing the Program.

(2) Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.

(3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.

Exception: Employers having fewer than 10 employees shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employees' job assignments as compliance with subsection (a)(3).

(4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:

(A) When the Program is first established;

Exception: Those employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with previously existing section 3203.

(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and

(C) Whenever the employer is made aware of a new or previously unrecognized hazard.

(5) Include a procedure to investigate occupational injury or occupational illness.

(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:

(A) When observed or discovered; and,

(B) When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

(7) Provide training and instruction:

(A) When the program is first established;

Exception: Employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with the previously existing Accident Prevention Program in Section 3203.

(B) To all new employees;

(C) To all employees given new job assignments for which training has not previously been received;

(D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;

(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,

(F) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

(8) Allow employee access to the Program.

(A) As used in this subsection:

1. The term “access” means the right and opportunity to examine and receive a copy.

2. The term “designated representative” means any individual or organization to whom an employee gives written authorization to exercise a right of access. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative for the purpose of access to the Program.

3. The term “written authorization” means a request provided to the employer containing the following information:

a. The name and signature of the employee authorizing a designated representative to access the Program on the employee's behalf;

b. The date of the request;

c. The name of the designated representative (individual or organization) authorized to receive the Program on the employee's behalf; and

d. The date upon which the written authorization will expire (if less than one (1) year).

(B) The employer shall provide access to the Program by doing one of the following:

1. Provide access in a reasonable time, place, and manner, but in no event later than five (5) business days after the request for access is received from an employee or designated representative.

a. Whenever an employee or designated representative requests a copy of the Program, the employer shall provide the requester a printed copy of the Program, unless the employee or designated representative agrees to receive an electronic copy of the Program.

b. One printed copy of the Program shall be provided free of charge. If the employee or designated representative requests additional copies of the Program within one (1) year of the previous request and the Program has not been updated with new information since the prior copy was provided, the employer may charge reasonable, non-discriminatory reproduction costs (per Section 3204(e)(1)(E)) for the additional copies. or,

2. Provide unobstructed access through a company server or website, which allows an employee to review, print, and email the current version of the Program. Unobstructed access means that the employee, as part of his or her regular work duties, predictably and routinely uses the electronic means to communicate with management or coworkers.

(C) The Program provided to the employee or designated representative need not include any of the records of the steps taken to implement and maintain the written Program.

(D) If an employer has distinctly different and separate operations with distinctly separate and different Programs, the employer may limit access to the Program (or Programs) applicable to the employee requesting it.

(E) The employer shall communicate the right and procedure to access the Program to all employees.

(F) Nothing in this section is intended to preclude employees and collective bargaining agents from collectively bargaining to obtain access to information in addition to that available under this section.

(b) Records of the steps taken to implement and maintain the Program shall include:

(1) Records of scheduled and periodic inspections required by subsection (a)(4) to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for at least one (1) year; and

Exception: Employers with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected.

(2) Documentation of safety and health training required by subsection (a)(7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for at least one (1) year.

EXCEPTION NO. 1:Employers with fewer than 10 employees can substantially comply with the documentation provision by maintaining a log of instructions provided to the employee with respect to the hazards unique to the employees' job assignment when first hired or assigned new duties.

EXCEPTION NO. 2: Training records of employees who have worked for less than one (1) year for the employer need not be retained beyond the term of employment if they are provided to the employee upon termination of employment.

EXCEPTION NO. 3: For Employers with fewer than 20 employees who are in industries that are not on a designated list of high-hazard industries established by the Department of Industrial Relations (Department) and who have a Workers' Compensation Experience Modification Rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries on a designated list of low-hazard industries established by the Department, written documentation of the Program may be limited to the following requirements:

A. Written documentation of the identity of the person or persons with authority and responsibility for implementing the program as required by subsection (a)(1).

B. Written documentation of scheduled periodic inspections to identify unsafe conditions and work practices as required by subsection (a)(4).

C. Written documentation of training and instruction as required by subsection (a)(7).

ExceptionNo. 4: Local governmental entities (any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement) are not required to keep records concerning the steps taken to implement and maintain the Program.

Note1: Employers determined by the Division to have historically utilized seasonal or intermittent employees shall be deemed in compliance with respect to the requirements for a written Program if the employer adopts the Model Program prepared by the Division and complies with the requirements set forth therein.

Note2: Employers in the construction industry who are required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the Division, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to the employee's job duties.

(c) Employers who elect to use a labor/management safety and health committee to comply with the communication requirements of subsection (a)(3) of this section shall be presumed to be in substantial compliance with subsection (a)(3) if the committee:

(1) Meets regularly, but not less than quarterly;

(2) Prepares and makes available to the affected employees, written records of the safety and health issues discussed at the committee meetings and, maintained for review by the Division upon request. The committee meeting records shall be maintained for at least one (1) year;

(3) Reviews results of the periodic, scheduled worksite inspections;

(4) Reviews investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness, or exposure to hazardous substances and, where appropriate, submits suggestions to management for the prevention of future incidents;

(5) Reviews investigations of alleged hazardous conditions brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspection and investigation to assist in remedial solutions;

(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and

(7) Upon request from the Division, verifies abatement action taken by the employer to abate citations issued by the Division.

Note: Authority cited: Sections 142.3 and 6401.7, Labor Code. Reference: Sections 142.3 and 6401.7, Labor Code.

HISTORY

1. New section filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14). For former history, see Register 74, No. 43.

2. Editorial correction of subsection (a)(1) (Register 77, No. 41).

3. Amendment of subsection (a)(2) filed 4-12-83; effective thirtieth day thereafter (Register 83, No. 16).

4. Amendment filed 1-16-91; operative 2-15-91 (Register 91, No. 8).

5. Editorial correction of subsections (a), (a)(2), (a)(4)(A) and (a)(7) (Register 91, No. 31).

6. Change without regulatory effect amending subsection (a)(7)(F) filed 10-2-92; operative 11-2-92 (Register 92, No. 40).

7. Amendment of subsection (b)(2), ExceptionNo. 1, new ExceptionNo. 3 through ExceptionNo. 4, Note2, and amendment of subsection (c)(2) filed 9-13-94; operative 9-13-94 pursuant to Government Code section 11346.2 (Register 94, No. 37).

8. Editorial correction of subsections (a)(6)(A) and (a)(7)(A) (Register 95, No. 22).

9. Amendment of subsections (b)(1)-(2) and (c)(2) filed 6-1-95; operative 7-3-95 (Register 95, No. 22).

10. Editorial correction of subsection (a)(4) (Register 2002, No. 46).

11. New subsections (a)(8)-(a)(8)(F) filed 3-3-2020; operative 7-1-2020 (Register 2020, No. 10).

Section 3395§Sections Heat Illness Prevention in Outdoor Places of Employment.

Heat Illness Prevention resources for Employers and Workers

(a) Title, Scope, and Application.

(1) This section shall be known and may be cited as the Maria Isabel Vasquez Jimenez heat illness standard, and shall apply to all outdoor places of employment.

Exception: If an industry is not listed in subsection (a)(2), employers in that industry are not required to comply with subsection (e), High-heat procedures.

Exception:

(2) List of industries subject to all provisions of this standard, including subsection (e):

(A) Agriculture

(B) Construction

(C) Landscaping

(D) Oil and gas extraction

(E) Transportation or delivery of agricultural products, construction materials or other heavy materials (e.g. furniture, lumber, freight, cargo, cabinets, industrial or commercial materials), except for employment that consists of operating an air-conditioned vehicle and does not include loading or unloading.

(3) This section applies to the control of risk of occurrence of heat illness. This is not intended to exclude the application of other sections of Title 8, including, but not necessarily limited to, sections 1512, 1524, 3203, 3363, 3400, 3439, 3457, 6251, 6512, 6969, 6975, 8420 and 8602(e).

Note No. 1: The measures required here may be integrated into the employer's written Injury and Illness Program required by section 3203, or maintained in a separate document.

Note No.

Note No. 2: This standard is enforceable by the Division of Occupational Safety and Health pursuant to Labor Code sections 6308 and 6317 and any other statutes conferring enforcement powers upon the Division. It is a violation of Labor Code sections 6310, 6311, and 6312 to discharge or discriminate in any other manner against employees for exercising their rights under this or any other provision offering occupational safety and health protection to employees.

Note No.

(b) Definitions.

“Acclimatization” means temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat.

“Heat Illness” means a serious medical condition resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke.

“Environmental risk factors for heat illness” means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.

“Landscaping” means providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens, or providing these services in conjunction with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, decks, fences, ponds, and similar structures, except for employment by an employer who operates a fixed establishment where the work is to be performed and where drinking water is plumbed.

“Oil and gas extraction” means operating and/or developing oil and gas field properties, exploring for crude petroleum or natural gas, mining or extracting of oil or gas or recovering liquid hydrocarbons from oil or gas field gases.

“Personal risk factors for heat illness” means factors such as an individual's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.

“Shade” means blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not deter or discourage access or use.

“Temperature” means the dry bulb temperature in degrees Fahrenheit obtainable by using a thermometer to measure the outdoor temperature in an area where there is no shade. While the temperature measurement must be taken in an area with full sunlight, the bulb or sensor of the thermometer should be shielded while taking the measurement, e.g., with the hand or some other object, from direct contact by sunlight.

(c) Provision of water. Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable, including but not limited to the requirements that it be fresh, pure, suitably cool, and provided to employees free of charge. The water shall be located as close as practicable to the areas where employees are working. Where drinking water is not plumbed or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of water, as described in subsection (h)(1)(C), shall be encouraged.

(d) Access to shade.

(1) Shade shall be present when the temperature exceeds 80 degrees Fahrenheit. When the outdoor temperature in the work area exceeds 80 degrees Fahrenheit, the employer shall have and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling. The amount of shade present shall be at least enough to accommodate the number of employees on recovery or rest periods, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other. The shade shall be located as close as practicable to the areas where employees are working. Subject to the same specifications, the amount of shade present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain onsite.

(2) Shade shall be available when the temperature does not exceed 80 degrees Fahrenheit. When the outdoor temperature in the work area does not exceed 80 degrees Fahrenheit employers shall either provide shade as per subsection (d)(1) or provide timely access to shade upon an employee's request.

(3) Employees shall be allowed and encouraged to take a preventative cool-down rest in the shade when they feel the need to do so to protect themselves from overheating. Such access to shade shall be permitted at all times. An individual employee who takes a preventative cool-down rest (A) shall be monitored and asked if he or she is experiencing symptoms of heat illness; (B) shall be encouraged to remain in the shade; and (C) shall not be ordered back to work until any signs or symptoms of heat illness have abated, but in no event less than 5 minutes in addition to the time needed to access the shade.

(4) If an employee exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest or during a preventative cool-down rest period, the employer shall provide appropriate first aid or emergency response according to subsection (f) of this section.

Exceptions to subsections (d)(1) and (d)(2):

(1) Where the employer can demonstrate that it is infeasible or unsafe to have a shade structure, or otherwise to have shade present on a continuous basis, the employer may utilize alternative procedures for providing access to shade if the alternative procedures provide equivalent protection.

(2) Except for employers in the agricultural industry, cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool.

(e) High-heat procedures. The employer shall implement high-heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit. These procedures shall include the following to the extent practicable:

(1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.

(2) Observing employees for alertness and signs or symptoms of heat illness. The employer shall ensure effective employee observation/monitoring by implementing one or more of the following:

(A) Supervisor or designee observation of 20 or fewer employees, or

(B) Mandatory buddy system, or

(C) Regular communication with sole employee such as by radio or cellular phone, or

(D) Other effective means of observation.

(3) Designating one or more employees on each worksite as authorized to call for emergency medical services, and allowing other employees to call for emergency services when no designated employee is available.

(4) Reminding employees throughout the work shift to drink plenty of water.

(5) Pre-shift meetings before the commencement of work to review the high heat procedures, encourage employees to drink plenty of water, and remind employees of their right to take a cool-down rest when necessary.

(6) For employees employed in agriculture, the following shall also apply:

When temperatures reach 95 degrees or above, the employer shall ensure that the employee takes a minimum ten minute net preventative cool-down rest period every two hours. The preventative cool-down rest period required by this paragraph may be provided concurrently with any other meal or rest period required by Industrial Welfare Commission Order No. 14 (8 CCR 11140) if the timing of the preventative cool-down rest period coincides with a required meal or rest period thus resulting in no additional preventative cool-down rest period required in an eight hour workday. If the workday will extend beyond eight hours, then an additional preventative cool-down rest period will be required at the conclusion of the eighth hour of work; and if the workday extends beyond ten hours, then another preventative cool-down rest period will be required at the conclusion of the tenth hour and so on. For purposes of this section, preventative cool-down rest period has the same meaning as “recovery period” in Labor Code Section 226.7(a).

(f) Emergency Response Procedures. The Employer shall implement effective emergency response procedures including:

(1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable. If an electronic device will not furnish reliable communication in the work area, the employer will ensure a means of summoning emergency medical services.

(2) Responding to signs and symptoms of possible heat illness, including but not limited to first aid measures and how emergency medical services will be provided.

(A) If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness.

(B) If the signs or symptoms are indicators of severe heat illness (such as, but not limited to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior or convulsions), the employer must implement emergency response procedures.

(C) An employee exhibiting signs or symptoms of heat illness shall be monitored and shall not be left alone or sent home without being offered onsite first aid and/or being provided with emergency medical services in accordance with the employer's procedures.

(3) Contacting emergency medical services and, if necessary, transporting employees to a place where they can be reached by an emergency medical provider.

(4) Ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders.

(g) Acclimatization.

(1) All employees shall be closely observed by a supervisor or designee during a heat wave. For purposes of this section only, “heat wave” means any day in which the predicted high temperature for the day will be at least 80 degrees Fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days.

(2) An employee who has been newly assigned to a high heat area shall be closely observed by a supervisor or designee for the first 14 days of the employee's employment.

(h) Training.

(1) Employee training. Effective training in the following topics shall be provided to each supervisory and non-supervisory employee before the employee begins work that should reasonably be anticipated to result in exposure to the risk of heat illness:

(A) The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment.

(B) The employer's procedures for complying with the requirements of this standard, including, but not limited to, the employer's responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees' right to exercise their rights under this standard without retaliation.

(C) The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties.

(D) The concept, importance, and methods of acclimatization pursuant to the employer's procedures under subsection (i)(4).

(E) The different types of heat illness, the common signs and symptoms of heat illness, and appropriate first aid and/or emergency responses to the different types of heat illness, and in addition, that heat illness may progress quickly from mild symptoms and signs to serious and life threatening illness.

(F) The importance to employees of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers.

(G) The employer's procedures for responding to signs or symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary.

(H) The employer's procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider.

(I) The employer's procedures for ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate.

(2) Supervisor training. Prior to supervising employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness effective training on the following topics shall be provided to the supervisor:

(A) The information required to be provided by section (h)(1) above.

(B) The procedures the supervisor is to follow to implement the applicable provisions in this section.

(C) The procedures the supervisor is to follow when an employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures.

(D) How to monitor weather reports and how to respond to hot weather advisories.

(i) Heat Illness Prevention Plan. The employer shall establish, implement, and maintain, an effective heat illness prevention plan. The plan shall be in writing in both English and the language understood by the majority of the employees and shall be made available at the worksite to employees and to representatives of the Division upon request. The Heat Illness Prevention Plan may be included as part of the employer's Illness and Injury Prevention Program required by section 3203, and shall, at a minimum, contain:

(1) Procedures for the provision of water and access to shade.

(2) The high heat procedures referred to in subsection (e).

(3) Emergency Response Procedures in accordance with subsection (f).

(4) Acclimatization methods and procedures in accordance with subsection (g).

## Credits

Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 6721, Labor Code.

Note:

History

History

1. New section filed 8-22-2005 as an emergency; operative 8-22-2005 (Register 2005, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-20-2005 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 12-20-2005 as an emergency; operative 12-20-2005 (Register 2005, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-19-2006 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 4-19-2006 as an emergency; operative 4-19-2006 (Register 2006, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-17-2006 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 4-19-2006 order, including amendment of section heading and section, transmitted to OAL 6-16-2006 and filed 7-27-2006 (Register 2006, No. 30).

5. Amendment filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).

6. Amendment filed 4-3-2015; operative 5-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 14).

7. Change without regulatory effect amending subsections (a)-(a)(1) and amending Note filed 3-10-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 11).

Note

Section 5156§Sections Scope, Application and Definitions.

(a) Scope. This Article prescribes minimum standards for preventing employee exposure to confined space hazards, as defined by Section 5156(b), within such spaces as silos, tanks, vats, vessels, boilers, compartments, ducts, sewers, pipelines, vaults, bins, tubs, and pits.

NOTE: This Article does not apply to underwater operations conducted in diving bells or other underwater devices or to supervised hyperbaric facilities.

(b) Application and Definitions.

(1) For operations and industries not identified in subsection (b)(2), the confined space definition along with other definitions and requirements of Section 5157, Permit-Required Confined Spaces shall apply.

(2) The confined space definition along with other definitions and requirements of Section 5158, Other Confined Space Operations shall apply to:

(A) Construction operations regulated by Section 1502;

(B) Agriculture operations (including cotton gins) defined by Section 3437;

(C) Marine terminal operations defined in Section 3460;

(D) Telecommunication manholes and unvented vaults regulated by Section 8616;

(E) Grain handling facilities regulated by Section 5178; or

(F) Natural gas utility operation within distribution and transmission facility vaults defined in Title 49 Code of Federal Regulations Parts 191, 192 and 193.

NOTE: Electric utility operations within underground vaults. See Section 2700 for a definition of vault and Section 2943(b) for manholes and Section 2943.1 for enclosed spaces.

NOTE: Shipyard operations are regulated by Section 8355.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 108 (sections 5156-5159) filed 9-14-78; effective thirtieth day thereafter (Register 78, No. 37).

2. Amendment of section heading, subsection (a) and Note and repealer and new subsection (b) filed 11-24-93; operative 12-24-93 (Register 93, No. 48).

3. Change without regulatory effect amending subsection (b)(2)(D) filed 2-9-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).

4. Repealer of subsection (b)(2)(D), subsection relettering, and new Note filed 1-30-95; operative 1-30-95. Submitted to OAL for printing only pursuant to Labor Code Section 142.3(a)(3) (Register 95, No. 5).

5. Editorial correction restoring inadvertently omitted article 108 heading (Register 2000, No. 31).

6. Amendment filed 2-27-2018; operative 4-1-2018 (Register 2018, No. 9).

Section 5157§Sections Permit-Required Confined Spaces.

(a) Scope and application. This section contains requirements for practices and procedures to protect employees from the hazards of entry into permit-required confined spaces. This section applies to employers, as specified in section 5156(b)(1).

(b) Definitions.

Acceptable entry conditions means the conditions that must exist in a permit space to allow entry and to ensure that employees involved with a permit-required confined space entry can safely enter into and work within the space.

Attendant means an individual stationed outside one or more permit spaces who monitors the authorized entrants and who performs all attendant's duties assigned in the employer's permit space program.

Authorized entrant means an employee who is authorized by the employer to enter a permit space.

Blanking or blinding means the absolute closure of a pipe, line, or duct by the fastening of a solid plate (such as a spectacle blind or a skillet blind) that completely covers the bore and that is capable of withstanding the maximum pressure of the pipe, line, or duct with no leakage beyond the plate.

Confined space means a space that:

(1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and

(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); and

(3) Is not designed for continuous employee occupancy.

Double block and bleed means the closure of a line, duct, or pipe by closing and locking or tagging two in-line valves and by opening and locking or tagging a drain or vent valve in the line between the two closed valves.

Emergency means any occurrence (including any failure of hazard control or monitoring equipment) or event internal or external to the permit space that could endanger entrants.

Engulfment means the surrounding and effective capture of a person by a liquid or finely divided (flowable) solid substance that can be aspirated to cause death by filling or plugging the respiratory system or that can exert enough force on the body to cause death by strangulation, constriction, or crushing.

Entry means the action by which a person passes through an opening into a permit-required confined space. Entry includes ensuing work acti- vities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.

Entry permit (permit) means the written or printed document that is provided by the employer to allow and control entry into a permit space and that contains the information specified in subsection (f).

Entry supervisor means the person (such as the employer, foreman, or crew chief) responsible for determining if acceptable entry conditions are present at a permit space where entry is planned, for authorizing entry and overseeing entry operations, and for terminating entry as required by this section.

NOTE: An entry supervisor also may serve as an attendant or as an authorized entrant, as long as that person is trained and equipped as required by this section for each role he or she fills. Also, the duties of entry supervisor may be passed from one individual to another during the course of an entry operation.

Hazardous atmosphere means an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (that is, escape unaided from a permit space), injury, or acute illness from one or more of the following causes:

(1) Flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit (LFL);

(2) Airborne combustible dust at a concentration that meets or exceeds its LFL;

NOTE: This concentration may be approximated as a condition in which the dust obscures vision at a distance of 5 feet (1.52 M) or less.

(3) Atmospheric oxygen concentration below 19.5 percent or above 23.5 percent;

(4) Atmospheric concentration of any substance for which a dose is published in Group 14 for Radiation and Radioactivity or a permissible exposure limit is published in section 5155 for Airborne contaminants and which could result in employee exposure in excess of its dose or permissible exposure limit;

NOTE: An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due to its health effects is not covered by this provision.

(5) Any other atmospheric condition that is immediately dangerous to life or health.

NOTE: For air contaminants for which a dose is not published in Group 14 for Radiation and Radioactivity or a permissible exposure limit is not published in section 5155 for Airborne contaminants, other sources of information such as: Safety Data Sheets that comply with section 5194, published information, and internal documents can provide guidance in establishing acceptable atmospheric conditions.

Hot work permit means the employer's written authorization to perform operations (for example, riveting, welding, cutting, burning, and heating) capable of providing a source of ignition.

Immediately dangerous to life or health (IDLH) means any condition that poses an immediate or delayed threat to life or that would cause irreversible adverse health effects or that would interfere with an individual's ability to escape unaided from a permit space.

NOTE: Some materials - hydrogen fluoride gas and cadmium vapor, for example - may produce immediate transient effects that, even if severe, may pass without medical attention, but are followed by sudden, possibly fatal collapse 12-72 hours after exposure. The victim “feels normal” from recovery from transient effects until collapse. Such materials in hazardous quantities are considered to be “immediately” dangerous to life or health.

Inerting means the displacement of the atmosphere in a permit space by a noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible.

NOTE: This procedure produces an IDLH oxygen-deficient atmosphere.

Isolation means the process by which a permit space is removed from service and completely protected against the release of energy and material into the space by such means as: Blanking or blinding; misaligning or removing sections of lines, pipes, or ducts; a double block and bleed system; lockout or tagout of all sources of energy; or blocking or disconnecting all mechanical linkages.

Line breaking means the intentional opening of a pipe, line, or duct that is or has been carrying flammable, corrosive, or toxic material, an inert gas, or any fluid at a volume, pressure or temperature capable of causing injury.

Non-permit confined space means a confined space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm.

Oxygen deficient atmosphere means an atmosphere containing less than 19.5 percent oxygen by volume.

Oxygen enriched atmosphere means an atmosphere containing more than 23.5 percent oxygen by volume.

Permit-required confined space (permit space) means a confined space that has one or more of the following characteristics:

(1) Contains or has a potential to contain a hazardous atmosphere;

(2) Contains a material that has the potential for engulfing an entrant;

(3) Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or

(4) Contains any other recognized serious safety or health hazard.

Permit-required confined space program (permit space program) means the employer's overall program for controlling, and, where appropriate, for protecting employees from, permit space hazards and for regulating employee entry into permit spaces.

Permit system means the employer's written procedure for preparing and issuing permits for entry and for returning the permit space to service following termination of entry.

Prohibited condition means any condition in a permit space that is not allowed by the permit during the period when entry is authorized.

Rescue service means the personnel designated to rescue employees from permit spaces.

Retrieval system means the equipment (including a retrieval line, chest or full-body harness, wristlets, if appropriate, and a lifting device or anchor) used for non-entry rescue of persons from permit spaces.

Testing means the process by which the hazards that may confront entrants of a permit space are identified and evaluated. Testing includes specifying the tests that are to be performed in the permit space. If electronic or thermal equipment is used to perform such tests, and the possibility exists of an explosive substance or a hazardous atmosphere due to flammable gases and vapors, then the testing equipment must be approved for use in such explosive or flammable conditions as required by section 2540.2.

NOTE: Testing enables employers both to devise and implement adequate control measures for the protection of authorized entrants and to determine if acceptable entry conditions are present immediately prior to, and during, entry.

(c) General requirements.

(1) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces.

NOTE: Proper application of the decision flow chart in Appendix A would facilitate compliance with this requirement.

(2) If the workplace contains permit spaces, the employer shall inform exposed employees and other employees performing work in the area, by posting danger signs or by any other equally effective means, of the existence, location of and the danger posed by the permit spaces.

NOTE: A sign reading “DANGER -- PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or using other similar language would satisfy the requirement for a sign.

(3) If the employer decides that its employees and other employees performing work in the area will not enter permit spaces, the employer shall take effective measures to prevent all such employees from entering the permit spaces and shall comply with subsections (c)(1), (c)(2), (c)(6), and (c)(8).

(4) If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with this section. The written program shall be available for inspection by employees and their authorized representatives.

(5) An employer may use the alternate procedures specified in subsection (c)(5)(B) for entering a permit space under the conditions set forth in subsection (c)(5)(A).

(A) An employer whose employees enter a permit space need not comply with subsections (d) through (f) and (h) through (k), provided that:

1. The employer can demonstrate that the only hazard posed by the permit space is an actual or potential hazardous atmosphere;

2. The employer can demonstrate that continuous forced air ventilation alone is sufficient to maintain that permit space safe for entry;

3. The employer develops monitoring and inspection data that supports the demonstrations required by subsections (c)(5)(A)1. and 2.;

4. If an initial entry of the permit space is necessary to obtain the data required by subsection (c)(5)(A)3., the entry is performed in compliance with subsections (d) through (k);

5. The determinations and supporting data required by subsections (c)(5)(A)1., 2. and 3. are documented by the employer and are made available to each employee who enters the permit space under the terms of subsection (c)(5) or to that employee's authorized representative; and

6. Entry into the permit space under the terms of subsection (c)(5)(A) is performed in accordance with the requirements of subsection (c)(5)(B).

NOTE: See subsection (c)(7) for reclassification of a permit space after all hazards within the space have been eliminated.

(B) The following requirements apply to entry into permit spaces that meet the conditions set forth in subsection (c)(5)(A).

1. Any conditions making it unsafe to remove an entrance cover shall be eliminated before the cover is removed.

2. When entrance covers are removed, the opening shall be promptly guarded by a railing, temporary cover, or other temporary barrier that will prevent an accidental fall through the opening and that will protect each employee working in the space from foreign objects entering the space.

3. Before an employee enters the space, the internal atmosphere shall be tested, with a calibrated direct-reading instrument, for the following conditions in the order given:

a. Oxygen content,

b. Flammable gases and vapors, and

c. Potential toxic air contaminants.

4. There may be no hazardous atmosphere within the space whenever any employee is inside the space.

5. Continuous forced air ventilation shall be used, as follows:

a. An employee may not enter the space until the forced air ventilation has eliminated any hazardous atmosphere;

b. The forced air ventilation shall be so directed as to ventilate the immediate areas where an employee is or will be present within the space and shall continue until all employees have left the space;

c. The air supply for the forced air ventilation shall be from a clean source and may not increase the hazards in the space.

6. The atmosphere within the space shall be periodically tested as necessary to ensure that the continuous forced air ventilation is preventing the accumulation of a hazardous atmosphere.

7. If a hazardous atmosphere is detected during entry:

a. Each employee shall leave the space immediately;

b. The space shall be evaluated to determine how the hazardous atmosphere developed; and

c. Measures shall be implemented to protect employees from the hazardous atmosphere before any subsequent entry takes place.

8. The employer shall verify that the space is safe for entry and that the pre-entry measures required by subsection (c)(5)(B) have been taken, through a written certification that contains the date, the location of the space, and the signature of the person providing the certification. The certification shall be made before entry and shall be made available to each employee entering the space or to that employee's authorized representative.

9. Any employee who enters the space, or that employee's authorized representative, shall be provided an opportunity to observe the pre-entry testing required by subsections (c)(5)(B)3. and 6.

(6) When there are changes in the use or configuration of a non-permit confined space that might increase the hazards to entrants, the employer shall reevaluate that space and, if necessary, reclassify it as a permit-required confined space.

(7) A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following procedures:

(A) If the permit space poses no actual or potential atmospheric hazards and if all hazards within the space are eliminated without entry into the space, the permit space may be reclassified as a non-permit confined space for as long as the non-atmospheric hazards remain eliminated.

(B) If it is necessary to enter the permit space to eliminate hazards, such entry shall be performed under subsections (d) through (k). If testing and inspection during that entry demonstrate that the hazards within the permit space have been eliminated, the permit space may be reclassified as a non-permit confined space for as long as the hazards remain eliminated.

NOTE: Control of atmospheric hazards through forced air ventilation does not constitute elimination of the hazards. Subsection (c)(5) covers permit space entry where the employer can demonstrate that forced air ventilation alone will control all hazards in the space.

(C) The employer shall document the basis for determining that all hazards in a permit space have been eliminated through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be made available to each employee entering the space or to that employee's authorized representative.

(D) If hazards arise within a permit space that has been declassified to a non-permit space under subsection (c)(7), each employee in the space shall exit the space. The employer shall then reevaluate the space and determine whether it must be reclassified as a permit space, in accordance with other applicable provisions of this section.

(8) When an employer (host employer) arranges to have employees of another employer (contractor) perform work that involves permit space entry or confined space entries covered by sections 5158 or 8355, the host employer shall:

(A) Inform the contractor that the workplace contains permit spaces and that permit space entry is allowed only through compliance with a permit space program meeting the requirements of this section, section 5158 or section 8355, depending on which section applies to the contractor;

(B) Apprise the contractor of the elements, including the hazards identified and the host employer's experience with the space, that make the space in question a permit space;

(C) Apprise the contractor of any precautions or procedures that the host employer has implemented for the protection of employees in or near permit spaces where contractor personnel will be working;

(D) Coordinate entry operations with the contractor, when both host employer personnel and contractor personnel will be working in or near permit spaces, as required by subsection (d)(11); and

(E) Debrief the contractor at the conclusion of the entry operations regarding the permit spaced program followed and regarding any hazards confronted or created in permit spaces during entry operations.

(9) In addition to complying with the permit space requirements that apply to all employers, each contractor who is retained to perform permit space entry operations shall:

(A) Obtain any available information regarding permit space hazards and entry operations from the host employer;

(B) Coordinate entry operations with the host employer, when both host employer personnel and contractor personnel will be working in or near permit spaces, as required by subsection (d)(11); and

(C) Inform the host employer of the permit space program that the contractor will follow and of any hazards confronted or created in permit spaces, either through a debriefing or during the entry operation.

(d) Permit-required confined space program (permit space program). Under the permit required confined space program required by subsection (c)(4), the employer shall:

(1) Implement the measures necessary to prevent unauthorized entry;

(2) Identify and evaluate the hazards of permit spaces before employees enter them;

(3) Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following:

(A) Specifying acceptable entry conditions;

(B) Isolating the permit space;

(C) Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards;

(D) Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards; and

(E) Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry.

(4) Provide the following equipment (specified in subsections (A) through (I), below) at no cost to employees, maintain that equipment properly, and ensure that employees use that equipment properly:

(A) Testing and monitoring equipment needed to comply with subsection (d)(5);

(B) Ventilating equipment needed to obtain acceptable entry conditions;

(C) Communications equipment necessary for compliance with subsections (h)(3) and (i)(5);

(D) Personal protective equipment insofar as feasible engineering and work practice controls do not adequately protect employees;

(E) Lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency;

(F) Barriers and shields as required by subsection (d)(3)(D);

(G) Equipment, such as ladders, needed for safe ingress and egress by authorized entrants;

(H) Rescue and emergency equipment needed to comply with subsection (d)(9), except to the extent that the equipment is provided by rescue services; and

(I) Any other equipment necessary for safe entry into and rescue from permit spaces.

(5) Evaluate permit space conditions as follows when entry operations are conducted:

(A) Test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin, except that, if isolation of the space is infeasible because the space is large or is part of a continuous system (such as a sewer), pre-entry testing shall be performed to the extent feasible before entry is authorized and, if entry is authorized, entry conditions shall be continuously monitored in the areas where authorized entrants are working;

(B) Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during the course of entry operations, and

(C) When testing for atmospheric hazards, test first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors.

(D) Provide each authorized entrant or that employee's authorized representative an opportunity to observe the pre-entry and any subsequent testing or monitoring of permit spaces;

(E) Reevaluate the permit space in the presence of any authorized entrant or that employee's authorized representative who requests that the employer conduct such reevaluation because the entrant or representative has reason to believe that the evaluation of that space may not have been adequate;

(F) Immediately provide each authorized entrant or that employee's authorized representative with the results of any testing conducted in accord with subsection (d).

NOTE: Atmospheric testing conducted in accordance with Appendix B would be considered as satisfying the requirements of this subsection. For permit space operations in sewers, atmospheric testing conducted in accordance with Appendix B, as supplemented by Appendix E, would be considered as satisfying the requirements of this subsection,

(6) Provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations;

NOTE: Attendants may be assigned to monitor more than one permit space provided the duties described in subsection (i) can be effectively performed for each permit space that is monitored. Likewise, attendants may be stationed at any location outside the permit space to be monitored as long as the duties described in subsection (i) can be effectively performed for each permit space that is monitored.

(7) If multiple spaces are to be monitored by a single attendant, include in the permit program the means and procedures to enable the attendant to respond to an emergency affecting one or more of the permit spaces being monitored without distraction from the attendant‘s responsibilities under subsection (i);

(8) Designate the persons who are to have active roles (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required by subsection (g);

(9) Develop and implement procedures for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, for summoning additional rescue and emergency services, and for preventing unauthorized personnel from attempting a rescue;

(10) Develop and implement a system for the preparation, issuance, use, and cancellation of entry permits as required by this section;

(11) Develop and implement procedures to coordinate entry operations when employees of more than one employer are working simultaneously as authorized entrants in a permit space, so that employees of one employer do not endanger the employees of any other employer. If the requirements of sections 5158 or 8355 apply to one or more of the other employers, then the procedures shall also ensure coordination with those employers, so as not to endanger any exposed employees;

(12) Develop and implement procedures (such as closing off a permit space and canceling the permit) necessary for concluding the entry after entry operations have been completed;

(13) Review entry operations when the employer has reason to believe that the measures taken under the permit space program may not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized; and

NOTE: Examples of circumstances requiring the review of the permit space program are: any unauthorized entry of a permit space, the detection of a permit space hazard not covered by the permit, the detection of a condition prohibited by the permit, the occurrence of an injury or near-miss during entry, a change in the use or configuration of a permit space, and employee complaints about the effectiveness of the program.

(14) Review the permit space program, using the canceled permits retained under subsection (e)(6) within 1 year after each entry and revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards.

NOTE: Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary.

Appendix C presents examples of permit space programs that are considered to comply with the requirements of subsection (d).

(e) Permit system.

(1) Before entry is authorized, the employer shall document the completion of measures required by subsection (d)(3) by preparing an entry permit.

NOTE: Appendix D presents examples of permits whose elements are considered to comply with the requirements of this section.

(2) Before entry begins, the entry supervisor identified on the permit shall sign the entry permit to authorize entry.

(3) The completed permit shall be made available at the time of entry to all authorized entrants or their authorized representatives, by posting it at the entry portal or by any other equally effective means, so that the entrants can confirm that pre-entry preparations have been completed.

(4) The duration of the permit may not exceed the time required to complete the assigned task of job identified on the permit in accordance with subsection (f)(2).

(5) The entry supervisor shall terminate entry and cancel the entry permit when:

(A) The entry operations covered by the entry permit have been completed; or

(B) A condition that is not allowed under the entry permit arises in or near the permit space.

(6) The employer shall retain each canceled entry permit for at least 1 year to facilitate the review of the permit space program required by subsection (d)(14). Any problems encountered during an entry operation shall be noted on the pertinent permit so that appropriate revisions to the permit space program can be made.

(f) Entry permit. The entry permit that documents compliance with this section and authorizes entry to a permit space shall identify:

(1) The permit space to be entered;

(2) The purpose of the entry;

(3) The date and the authorized duration of the entry permit;

(4) The authorized entrants within the permit space, by name or by such other means (for example, through the use of rosters or tracking systems) as will enable the attendant to determine quickly and accurately, for the duration of the permit, which authorized entrants are inside the permit space;

NOTE: This requirement may be met by inserting a reference on the entry permit as to the means used, such as roster or tracking systems, to keep track of the authorized entrants within the permit space.

(5) The personnel, by name, currently serving as attendants;

(6) The individual, by name, currently serving as entry supervisor, with a space for the signature or initials of the entry supervisor who originally authorized entry;

(7) The hazards of the permit space to be entered;

(8) The measures used to isolate the permit space and to eliminate or control permit space hazards before entry;

NOTE: Those measures can include the lockout or tagging of equipment and procedures for purging, inerting, ventilating, and flushing permit spaces.

(9) The acceptable entry conditions;

(10) The results of initial and periodic tests performed under subsection (d)(5) accompanied by the names or initials of the testers and by an indication of when the tests were performed;

(11) The rescue and emergency services that can be provided on-site and additional service that can be summoned and the means such as the equipment to use and the numbers to call) for summoning those services;

(12) The communication procedures used by authorized entrants and attendants to maintain contact during the entry;

(13) Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this section;

(14) Any other information whose inclusion is necessary, given the circumstances of the particular confined space, in order to ensure employee safety, and

(15) Any additional permits, such as for hot work, that have been issued to authorize work in the permit space.

(g) Training.

(1) The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section.

(2) Training shall be provided to each affected employee:

(A) Before the employee is first assigned duties under this section;

(B) Before there is a change in assigned duties;

(C) Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained;

(D) Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures required by subsection (d)(3) or that there are inadequacies in the employee's knowledge or use of these procedures.

(3) The training shall establish employee proficiency in the duties required by this section and shall introduce new or revised procedures, as necessary, for compliance with this section.

(4) The employer shall certify that the training required by subsections (g)(1) through (g)(3) has been accomplished. The certification shall contain each employee's name, the signatures or initials of the trainers, and the dates of training. The certification shall be available for inspection by employees and their authorized representatives.

(h) Duties of authorized entrants. The employer shall ensure that all authorized entrants:

(1) Know the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Properly use equipment as required by subsection (d)(4);

(3) Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space as required by subsection (i)(6);

(4) Alert the attendant whenever:

(A) The entrant recognizes any warning sign or symptom of exposure to a dangerous situation, or

(B) The entrant detects a prohibited condition; and

(5) Exit from the permit space as quickly as possible whenever:

(A) An order to evacuate is given by the attendant or the entry supervisor,

(B) The entrant recognizes any warning sign or symptom of exposure to a dangerous situation,

(C) The entrant detects a prohibited condition, or

(D) An evacuation alarm is activated.

(i) Duties of attendants. The employer shall ensure that each attendant:

(1) Knows the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Is aware of possible behavioral effects of hazard exposure in authorized entrants;

(3) Continuously maintains an accurate count of authorized entrants in the permit space and ensures that the means used to identify authorized entrants under subsection (f)(4) accurately identifies who is in the permit space;

(4) Remains outside the permit space during entry operations until relieved by another attendant;

NOTE: When the employer's permit entry program allows attendant entry for rescue, attendants may enter a permit space to attempt a rescue if they have been trained and equipped for rescue operations as required by subsection (k)(1) and if they have been relieved as required by subsection (i)(4).

(5) Communicates with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space under subsection (i)(6);

(6) Monitors activities inside and outside the space to determine if it is safe for entrants to remain in the space and orders the authorized entrants to evacuate the permit space immediately under any of the following conditions;

(A) If the attendant detects a prohibited condition;

(B) If the attendant detects the behavioral effects of hazards exposure in an authorized entrant;

(C) If the attendant detects a situation outside the space that could endanger the authorized entrants; or

(D) If the attendant cannot effectively and safely perform all the duties required under subsection (i);

(7) Initiate on-site rescue procedures and, if necessary, summon additional rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards;

(8) Takes the following actions when unauthorized persons approach or enter a permit space while entry is underway:

(A) Warn the unauthorized persons that they must stay away from the permit space;

(B) Advise the unauthorized persons that they must exit immediately if they have entered the permit space; and

(C) Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space;

(9) Performs non-entry rescues or other rescue services as part of the employer's on-site rescue procedure; and

(10) Performs no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants.

(j) Duties of entry supervisors. The employer shall ensure that each entry supervisor:

(1) Knows the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Verifies, by checking that the appropriate entries have been made on the permit, that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin;

(3) Terminates the entry and cancels the permit as required by subsection (e)(5);

(4) Verifies that rescue services are available and that the means for summoning additional services are operable;

(5) Removes unauthorized individuals who enter or who attempt to enter the permit space during entry operations; and

(6) Determines, whenever responsibility for a permit space entry operation is transferred and at intervals dictated by the hazards and operations performed within the space, that entry operations remain consistent with terms of the entry permit and that acceptable entry conditions are maintained.

(k) Rescue and emergency services. The employer shall ensure that at least one standby person at the site is trained and immediately available to perform rescue and emergency services.

(1) The following requirements apply to employers who have employees enter permit spaces to perform rescue services.

(A) The employer shall ensure that each member of the rescue service is provided with, and is trained to use properly, the personal protective equipment and rescue equipment necessary for making rescues from permit spaces.

(B) Each member of the rescue service shall be trained to perform the assigned rescue duties. Each member of the rescue service shall also receive the training required of authorized entrants under subsections (g) and (h).

(C) Each member of the rescue service shall practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed.

(D) Each member of the rescue service shall be trained in basic first-aid and in cardiopulmonary resuscitation (CPR). At least one member of the rescue service holding current certification in first aid and in CPR shall be available.

(2) When an employer (host employer) arranges to have persons other than the host employer's employees perform permit space rescue, the host employer shall:

(A) Inform the rescue service of the hazards they may confront when called on to perform rescue at the host employer's facility, and

(B) Provide the rescue service with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations.

(3) To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements.

(A) Each authorized entrant shall use a chest or full body harness, with a retrieval line attached at a suitable point so that when rescued, the entrant presents the smallest possible profile (for example at the center of the entrant's back near shoulder level, or above the entrant's head). Wristlets may be used in lieu of the chest of full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative.

(B) The other end of the retrieval line shall be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device shall be available to retrieve personnel from vertical type permit spaces more than 5 feet deep.

(4) If an injured entrant is exposed to a substance for which a Safety Data Sheet (SDS) or other similar written information is required to be kept at the worksite, that SDS or written information shall be made available to the medical facility treating the exposed entrant.

(*l*) Employee participation.

l

(1) Employers shall consult with affected employees and their authorized representatives on the development and implementation of all aspects of the permit space program required by subsection (c).

(2) Employers shall make available to affected employees and their authorized representatives all information required to be developed by this section.

(m) Appendices. Appendices A through E serve to provide information and non-mandatory guidelines to assist employers and employees in complying with the appropriate requirements of this section.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 11-24-93; operative 12-24-93 (Register 93, No. 48). For prior history, see Register 79, No. 36.

2. Editorial correction of printing error in subsections (d)(5)(C), (i)(8)(B) and (j) (Register 94, No. 29).

3. Editorial correction of subsection (k)(1)(C) (Register 97, No. 23).

4. Editorial correction of subsection (b)(3) (Register 99, No. 10).

5. Amendment of subsections (c)(5)(A)5., (c)(5)(B)8., (c)(7)(C), (e)(3) and (k)(1)(B), new subsections (c)(5)(B)9., (d)(5)(D)-(F) and (l)-(l)(2) and subsection relettering filed 7-13-99; operative 7-13-99. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 99, No. 29).

l

l

6. Amendment of subsection (b) -Testing filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).

7. Amendment of subsections (c)(2)-(c)(3), (c)(8)-(c)(8)(A) and (d)(11) filed 4-25-2001; operative 5-25-2001 (Register 2001, No. 17).

8. Amendment of subsection (b)(5) - Note and subsection (k)(4) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Appendix A Appendix A ( PDF) Appendix B Appendix C Appendix D1 Appendix D2 Appendix E

Appendix A

Appendix A


Appendix B

Appendix C

Appendix D1

Appendix D2

Appendix E

Section 5158§Sections Other Confined Space Operations.

(a) Scope. For industries and operations specified in section 5156(b)(2) this section prescribes minimum standards for preventing employee exposure to dangerous air contamination, oxygen enrichment and/or oxygen deficiency in confined spaces, as defined in subsection (b).

Note: Implementing a permit-required confined space program in accordance with section 5157 shall meet the requirements of this section.

(b) Definitions.

(1) Confined Space. A space defined by the concurrent existence of the following conditions:

(A) Existing ventilation is insufficient to remove dangerous air contamination, oxygen enrichment and/or oxygen deficiency which may exist or develop.

(B) Ready access or egress for the removal of a suddenly disabled employee is difficult due to the location and/or size of the opening(s).

(2) Dangerous Air Contamination. An atmosphere presenting a threat of causing death, injury, acute illness, or disablement due to the presence of flammable and/or explosive, toxic, or otherwise injurious or incapacitating substances.

(A) Dangerous air contamination due to the flammability of a gas or vapor is defined as an atmosphere containing the gas or vapor at a concentration greater than 20 percent of its lower explosive (lower flammable) limit.

(B) Dangerous air contamination due to a combustible particulate is defined as a concentration greater than 20 percent of the minimum explosive concentration of the particulate.

(C) Dangerous air contamination due to the toxicity of a substance is defined as the atmospheric concentration immediately hazardous to life or health.

Note: This definition of dangerous air contamination due to the toxicity of a substance does not preclude the requirement to control harmful exposures, under the provisions of Article 107, to toxic substances at concentrations less than those immediately hazardous to life or health.

(3) Oxygen Deficiency. An atmosphere containing oxygen at a concentration of less than 19.5 percent by volume.

(4) Oxygen Enrichment. An atmosphere containing more than 23.5 percent oxygen by volume.

(c) Operation Procedures and Employee Training. The employer shall implement the provisions of this subsection before any employee is permitted to enter a confined space.

(1) Operating Procedures.

(A) Written, understandable operating and rescue procedures shall be developed and shall be provided to affected employees.

(B) Operating procedures shall conform to the applicable requirements of this section and shall include provision for the surveillance of the surrounding area to avoid hazards such as drifting vapors from tanks, piping and sewers.

(C) For multi-employer worksites, the procedures shall address how all the affected employers will coordinate their work activities, so that operations of one employer will not endanger the employees of any other employer. If the permit-required confined space requirements of section 5157 or the requirements of section 8355 apply to one or more of the other employers, then the procedures shall also include coordination with those employers;

(2) Employee Training. Employees, including standby persons required by subsection (e)(1)(D), shall be trained in the operating and rescue procedures, including instructions as to the hazards they may encounter.

(d) Pre-entry. The applicable provisions of this subsection shall be implemented before entry into a confined space.

(1) Lines which may convey flammable, injurious, or incapacitating substances into the space shall be disconnected, blinded, or blocked off by other positive means to prevent the development of dangerous air contamination, oxygen enrichment and/or oxygen deficiency within the space. The disconnection or blind shall be so located or done in such a manner that inadvertent reconnection of the line or removal of the blind are effectively prevented.

Exception: This subsection does not apply to public utility gas distribution systems.

NOTE: This subsection does not require blocking of all laterals to sewers or storm drains. Where experience or knowledge of industrial use indicates materials resulting in dangerous air contamination may be dumped into an occupied sewer, all such laterals shall be blocked.

(2) The space shall be emptied, flushed, or otherwise purged of flammable, injurious or incapacitating substances to the extent feasible.

(3) The air shall be tested with an appropriate device or method to determine whether dangerous air contamination, oxygen enrichment and/or an oxygen deficiency exists. A written record of such testing results shall be made and kept at the work site for the duration of the work. Affected employees and/or their representative shall be afforded an opportunity to review and record the testing results. If an electronic or thermal device is used to test a confined space that contains or is likely to develop a dangerous air contamination due to flammable and/or explosive substances, then the device must be approved for use in such explosive or flammable conditions as required by section 2540.2.

(4) Where interconnected spaces are blinded off as a unit, each space shall be tested and the results recorded, in accordance with subsection (d)(3), and the most hazardous condition so found shall govern procedures to be followed.

(5) If dangerous air contamination, oxygen enrichment and/or oxygen deficiency does not exist within the space, as demonstrated by tests performed in accordance with subsection (d)(3), entry into and work within the space may proceed subject to the following provisions:

(A) Testing, in accordance with subsection (d)(3), shall be conducted with sufficient frequency to ensure that the development of dangerous air contamination, oxygen enrichment and/or oxygen deficiency does not occur during the performance of any operation.

(B) If the development of dangerous air contamination, oxygen enrichment and/or an oxygen deficiency is imminent, the requirements prescribed by subsection (e) shall also apply.

(6) Where the existence of dangerous air contamination, oxygen enrichment and/or oxygen deficiency is demonstrated by tests performed in accordance with subsection (d)(3), existing ventilation shall be augmented by appropriate means.

(7) When additional ventilation provided in accordance with subsection (d)(6) has removed dangerous air contamination, oxygen enrichment and/or oxygen deficiency as demonstrated by additional testing conducted (and recorded) in accordance with subsection (d)(3), entry into and work within the space may proceed subject to the provisions of subsection (d)(5).

(8) No source of ignition shall be introduced until the implementation of appropriate provisions of this section have ensured that dangerous air contamination due to oxygen enrichment, flammable and/or explosive substances does not exist.

(9) Whenever oxygen-consuming equipment such as salamanders, plumbers' torches or furnaces, and the like, are to be used, measures shall be taken to ensure adequate combustion air and exhaust gas venting.

(10) To the extent feasible, provision shall be made to permit ready entry and exit.

(11) Where it is not feasible to provide for ready exit from spaces equipped with automatic fire suppression systems employing harmful design concentrations of toxic or oxygen-displacing gases, or total foam flooding, such systems shall be deactivated. Where it is not practical or safe to deactivate such systems, the provisions of subsection (e) related to the use of respiratory protective equipment shall apply during entry into and work within such spaces.

(e) Confined Space Operations.

(1) Entry Into and Work Within Confined Spaces. The requirements of this subsection apply to entry into and work within a confined space whenever an atmosphere free of dangerous air contamination, oxygen enrichment and/or oxygen deficiency cannot be ensured through the implementation of the applicable provisions of subsection (d), or whenever, due to the existence of an emergency, it is not feasible to ensure the removal of dangerous air contamination, oxygen enrichment and/or an oxygen deficiency through the implementation of the applicable provisions of subsection (d).

(A) Tanks, vessels, or other confined spaces with side and top openings shall be entered from side openings when practicable.

Note: For the purposes of this Order, side openings are those within 3 1/2 feet of the bottom.

(B) Appropriate, approved respiratory protective equipment, in accordance with Section 5144, shall be provided and worn.

(C) An approved safety belt with an attached line shall be used. The free end of the line shall be secured outside the entry opening. The line shall be at least 1/2-inch diameter and 2,000-pounds test.

Exception: Where it can be shown that a safety belt and attached line would further endanger the life of the employee.

(D) At least one employee shall stand by on the outside of the confined space ready to give assistance in case of emergency. At least one additional employee who may have other duties shall be within sight or call of the standby employee(s).

1. The standby employee shall have appropriate, approved, respiratory protective equipment, including an independent source of breathing air which conforms with Section 5144(i), available for immediate use.

2. A standby employee (or employees) protected as prescribed by subsection (e)(1)(D) 1. may enter the confined space but only in case of emergency and only after alerting at least one additional employee outside of the confined space of the existence of an emergency and of the standby employee's intent to enter the confined space.

(E) When entry must be made through a top opening, the following requirements shall also apply.

1. The safety belt shall be of the harness type that suspends a person in an upright position.

2. A hoisting device or other effective means shall be provided for lifting employees out of the space.

(F) Work involving the use of flame, arc, spark, or other source of ignition is prohibited within a confined space (or any adjacent space having common walls, floor, or ceiling with the confined space) which contains, or is likely to develop, oxygen enrichment or dangerous air contamination due to flammable and/or explosive substances.

(G) Whenever gases such as nitrogen are used to provide an inert atmosphere for preventing the ignition of flammable gases or vapors, no flame, arc, spark, or other source of ignition shall be permitted unless the oxygen concentration is maintained at less than 20 percent of the concentration which will support combustion.

1. Testing of the oxygen content shall be conducted with sufficient frequency to ensure conformance with this paragraph.

2. A written record of the results of such testing shall be made and kept at the work site for the duration of the work.

3. Affected employees and/or their representative shall be provided an opportunity to review and record the testing results.

(H) Only approved lighting and electrical equipment, in accordance with the Low-Voltage Electrical Safety Orders, shall be used in confined spaces subject to oxygen enrichment or dangerous air contamination by flammable and/or explosive substances.

(I) Employees working in confined spaces which have last contained substances corrosive to the skin or substances which can be absorbed through the skin shall be provided with, and shall be required to wear, appropriate personal protective clothing or devices in accordance with Article 10.

(J) When an employer (host employer) arranges to have employees of another employer (contractor) perform work that involves a confined space entry covered by this standard or by sections 5157 or 8355, the host employer shall:

1. Inform the contractor that the workplace contains a confined space and that confined space entry is allowed only through compliance with a confined space program meeting the requirements of this section, section 5157 or section 8355, depending on which section applies to the contractor;

2. Apprise the contractor of the elements, including the hazards identified and the host employer's experience with the confined space, that make the space in question a confined space;

3. Apprise the contractor of any precautions or procedures that the host employer has implemented for the protection of employees in or near the confined space where the contractor's personnel will be working;

4. Coordinate entry operations with the contractor, when both host employer personnel and contractor personnel will be working in or near the confined space, as required by subsection (c)(1)(C); and

5. Debrief the contractor at the conclusion of the confined space operation regarding the confined space program followed and any hazards confronted or created in the confined space during entry operations.

(K) In addition to complying with the confined space requirements that apply to all employers, each contractor who is retained to perform confined space entry operations shall:

1. Obtain any available information regarding confined space hazards and entry operations from the host employer;

2. Coordinate entry operations with the host employer, when both host employer personnel and contractor personnel will be working in or near a confined space, as required by subsection (c)(1)(C); and

3. Inform the host employer of the confined space program that the contractor will follow and of any hazards confronted or created in the confined space, either through a debriefing or during the entry operation.

(2) Precautions for Emergencies Involving Work in Confined Spaces.

(A) At least one person trained in first aid and cardiopulmonary resuscitation (CPR) shall be immediately available whenever the use of respiratory protective equipment is required subsection (e)(1). Standards for CPR training shall follow the principles of the American Heart Association or the American Red Cross.

(B) An effective means of communication between employees inside a confined space and a standby employee shall be provided and used whenever the provisions of subsection (e)(1) require the use of respiratory protective equipment or whenever employees inside a confined space are out of sight of the standby employee(s). All affected employees shall be trained in the use of such communication system and the system shall be tested before each use to confirm its effective operation.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Section 142.3, Labor Code

Section 142.3, Labor Code

HISTORY

1. New section filed 9-14-78; effective thirtieth day thereafter (Register 78, No. 37).

2. Change without regulatory effect of subsection (k) pursuant to section 100, Title 1, California Code of Regulations filed 5-1-90 (Register 90, No. 23).

section 100, Title 1, California Code of Regulations

3. Amendment filed 11-24-93; operative 12-24-93 (Register 93, No. 48).

4. Amendment of subsections (d)(3) and (e)(1)(F) filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).

5. Amendment filed 4-25-2001; operative 5-25-2001 (Register 2001, No. 17).

6. Amendment of subsection (e)(1)(D)1. filed 8-30-2010; operative 9-29-2010 (Register 2010, No. 36).

Section 5194§Sections Hazard Communication

(a) (Reserved)

(b) Scope and Application.

(1) This section requires manufacturers or importers to classify the hazards of chemicals which they produce or import, and all employers to provide information to their employees about the hazardous chemicals to which they may be exposed, by means of a hazard communication program, labels and other forms of warning, safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers.

(2) This section applies to any hazardous chemical which is known to be present in the work place in such a manner that employees may be exposed under normal conditions of use or in a reasonably foreseeable emergency resulting from work place operations.

(3) This section applies to laboratories that primarily provide quality control analyses for manufacturing processes or that produce hazardous chemicals for commercial purposes, and to all other laboratories except those under the direct supervision and regular observation of an individual who has knowledge of the physical hazards, health hazards, and emergency procedures associated with the use of the particular hazardous chemicals involved, and who conveys this knowledge to employees in terms of safe work practices. Such excepted laboratories must also ensure that labels of incoming containers of hazardous chemicals are not removed or defaced pursuant to section 5194(f)(9), and must maintain any safety data sheets that are received with incoming shipments of hazardous chemicals and ensure that they are readily available to laboratory employees pursuant to section 5194(g).

(4) This section does not require labeling of the following chemicals:

(A) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency;

(B) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device, including materials intended for use as ingredients in such products (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and regulations issued under that Act, when they are subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Food and Drug Administration;

(C) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and;

(D) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission.

(5) This section does not apply to:

(A) Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency;

(B) Tobacco or tobacco products;

(C) Wood or wood products including lumber which will not be processed, where the manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (non-excluded hazardous chemicals which are used in conjunction with wood or wood products, or are known to be present as impurities in those materials, and wood which may be subsequently sawed or cut, generating dust, are covered by this section);

(D) Articles (hazardous chemicals used in the manufacture or use of an article are covered by this section unless otherwise excluded);

(E) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace;

(F) Retail food sale establishments and all other retail trade establishments, exclusive of processing and repair work areas;

(G) Consumer products packaged for distribution to, and use by, the general public, provided that employee exposure to the product is not significantly greater than the consumer exposure occurring during the principal consumer use of the product;

(H) The use of a chemical in compliance with regulations of the Director of the Department of Pesticide Regulation issued pursuant to section 12981 of the Food and Agricultural Code.

(I) Work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, or transportation); however, this section does apply to these operations as follows:

1. Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;

2. Employers shall maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a safety data sheet for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests the safety data sheet, and shall ensure that the safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and,

3. Employers shall ensure that employees are provided with information and training in accordance with subsection (h) except for the location and availability of the written hazard communication program under subsection (h)(2)(C), to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container.

(6) Proposition 65 Warnings.

(A) Notwithstanding any other provision of law including the preceding subsections, an employer which is a person in the course of doing business within the meaning of Health and Safety Code Section 25249.11(a) and (b), is subject to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or the “Act”) (Health and Safety Code § 25249.5 et seq.), and shall comply with the Act in the manner set forth in subsections (B) and (C) below. The following employers are not subject to the Act:

1. an employer employing fewer than ten employees;

2. any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof;

3. any entity in its operation of a public water system as defined in Health and Safety Code Section 4010.1.

(B) Exposures Subject to Proposition 65 and Hazard Communication. Before exposing any employee to any hazardous substance that otherwise falls within the scope of this section and which requires a warning under this Act (see 22 CCR Section 12000, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity) except as provided in subsection (D) below, any employer subject to the Act shall comply with the requirements set forth in subsections (d) through (k). Such compliance shall be deemed compliance with the Act.

(C) Exposures Subject to Proposition 65 Only. Before knowingly and intentionally exposing any employee to any hazardous substance that does not otherwise fall within the scope of the section, but which requires a warning under the Act (see 22 CCR Section 12000, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity) except as provided in subsection (D) below, any employer subject to the Act shall either provide a warning to employees in compliance with California Code of Regulations Title 22 (22 CCR) Section 12601(c) in effect on May 9, 1991 or shall comply with the requirements set forth in subsections (d) through (k).

(D) Exposures Not Subject to Proposition 65. A warning required by subsection (B) and (C) above shall not apply to any of the following:

1. An exposure for which federal law governs warning in a manner that preempts state authority.

2. An exposure that takes place less than twelve months subsequent to the listing of the chemical in 22 CCR Section 12000.

3. An exposure for which the employer responsible can show that the exposure poses no significant risk assuming lifetime exposure at the level in question for the chemicals known to the State to cause cancer, and that the exposure will have no observable effect assuming exposure at one thousand (1,000) times the level in question for chemicals known to the State to cause reproductive toxicity, based on evidence and standards of comparable scientific validity to the evidence and standards which form the scientific basis for the listing of such chemical in 22 CCR Section 12000. In any enforcement action the burden of showing that an exposure meets the criteria of this subsection shall be on the employer.

(E) Additional Enforcement of Proposition 65. In addition to any other applicable enforcement provision, violations or threatened violations of the Act may be enforced in the manner set forth in Health and Safety Code Section 25249.7 for violations and threatened violations of Health and Safety Code Section 25249.6. Compliance with 22 CCR Section 12601(c) in effect on May 9, 1991 shall be deemed a defense to an enforcement action under Health and Safety Code Section 25249.7.

(F) All terms and provisions of subsection (b)(6) shall have the same meaning as the following 22 CCR Sections in effect on May 9, 1991: 12201(a), 12201(b), 12201(c), 12201(d), 12201(f), 12201(k), 12502, 12601, 12701(a), 12701(b), 12701(d), 12703, 12705, 12707, 12709, 12711, 12721, 12801, 12803, 12805, 12821 and 12901. The above listed 22 CCR Sections in effect on May 9, 1991 are printed in Appendix G to this section. Additionally, all terms and provisions of subsection (b)(6) shall have the same meaning as in the Act and in 22 CCR Section 12000.

(c) Definitions.

Article.

A manufactured item: (1) Which is formed to a specific shape or design during manufacture; (2) which has end use function(s) dependent in whole or in part upon it shape or design during end use; and (3) which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use or in a reasonably foreseeable emergency resulting from workplace operations.

CAS number.

The unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

Chemical.

Any substance, or mixture of substances.

Chemical name.

The scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard classification.

Chief.

The Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142, or designee.

Classification.

Identification of relevant data regarding the hazards of a chemical; review of those data to ascertain the hazards associated with the chemical; and decision regarding whether the chemical will be classified as hazardous according to the definition of hazardous chemical in this section. In addition, classification for health and physical hazards includes the determination of the degree of hazard, where appropriate, by comparing the data with the criteria for health and physical hazards.

Combustible liquid.

Any liquid having a flashpoint greater than 199.4oF (93oC) (formerly designated Class IIIB Combustible liquids).

o

o

Common name.

Any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.

Container.

Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, tank truck, or the like that contains a hazardous chemical. For purposes of this section, pipes or piping systems are not considered to be containers.

Department.

The Department of Industrial Relations, P.O. Box 420603, San Francisco, CA 94142, or designee.

Designated representative.

Any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.

Director.

The Director of Industrial Relations, P.O. Box 420603, San Francisco, CA 94142, or designee.

Distributor.

A business, other than a manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.

Division.

The Division of Occupational Safety and Health (Cal/OSHA), California Department of Industrial Relations, or designee.

Emergency.

Any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which may or does result in a release of a hazardous chemical into the workplace.

Employee.

Every person who is required or directed by any employer, to engage in any employment, or to go to work or be at any time in any place of employment.

Employer.

Employer means:

(A) The State and every State agency.

(B) Each county, city, district, and all public and quasi-public corporations and public agencies therein.

(C) Every person including any public service corporation, which has any natural person in service.

(D) The legal representative of any deceased employer.

Exposure or Exposed.

Any situation arising from work operation where an employee may ingest, inhale, absorb through the skin or eyes, or otherwise come into contact with a hazardous chemical.

Hazard category.

The division of criteria within each hazard class, e.g., oral acute toxicity and flammable liquids include four hazard categories. These categories compare hazard severity within a hazard class and should not be taken as a comparison of hazard categories more generally.

Hazard class.

The nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.

Hazard not otherwise classified (HNOC).

An adverse physical or health effect identified through evaluation of scientific evidence during the classification process that does not meet the specified criteria for the physical and health hazard classes addressed in this section. This does not extend coverage to adverse physical and health effects for which there is a hazard class addressed in this section, but the effect either falls below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).

Hazard statement.

A statement assigned to a hazard class and category that describes the nature of the hazard(s) of a chemical, including, where appropriate, the degree of hazard.

Hazardous chemical.

Any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, a hazard not otherwise classified, or is included in the List of Hazardous Substances prepared by the Director pursuant to Labor Code section 6382.

Health hazard.

A chemical which is classified as posing one of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in subsection (d) and Appendix A to this section - Health Hazard Criteria.

Immediate use.

The hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.

Importer.

The first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or purchasers within the United States.

Label.

An appropriate group of written, printed or graphic information elements concerning a hazardous chemical that is affixed to, printed on, or attached to the immediate container of a hazardous chemical, or to the outside packaging.

Label elements.

The specified pictogram, hazard statement, signal word and precautionary statement for each hazard class and category.

Manufacturer.

A person who produces, synthesizes, extracts, or otherwise makes a hazardous chemical.

Mixture.

A combination or a solution composed of two or more substances in which they do not react.

NIOSH. The National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services.

Physical hazard.

A chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; combustible liquid; water-reactive; or in contact with water emits flammable gas. See Appendix B to section 5194 - Physical Hazard Criteria.

Pictogram.

A composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category.

Precautionary statement.

A phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical, or improper storage or handling.

Produce.

To manufacture, process, formulate, repackage, or relabel.

Product identifier.

The name or number used for a hazardous chemical on a label or in the SDS. It provides a unique means by which the user can identify the chemical. The product identifier used shall permit cross-references to be made among the list of hazardous chemicals required in the written hazard communication program, the label and the SDS.

Pyrophoric gas.

A chemical in a gaseous state that will ignite spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or below.

Responsible party.

Someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.

Safety data sheet (SDS).

Written or printed material concerning a hazardous chemical that is prepared in accordance with section 5194(g).

Signal word.

A word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label. The signal words used in this section are “danger” and “warning.” “Danger” is used for the more severe hazards, while “warning” is used for the less severe.

Simple asphyxiant.

A substance or mixture that displaces oxygen in the ambient atmosphere, and can thus cause oxygen deprivation in those who are exposed, leading to unconsciousness and death.

Specific chemical identity.

The chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.

Substance.

Chemical elements and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurities deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.

Trade secret.

Any confidential formula, pattern, process, device, information, or compilation of information which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. A trade secret shall not include chemical identity information which is readily discoverable through qualitative analysis. Appendix E to section 5194-Definition of Trade Secret sets out the criteria to be used in evaluating trade secrets.

Use.

To package, handle, react, or transfer.

Work area.

A room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.

Workplace.

Any place, and the premises appurtenant thereto, where employment is carried on, except a place the health and safety jurisdiction over which is vested by law in, and actively exercised by, any state or federal agency other than the Division.

(d) Hazard Classification.

(1) Manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to determine if they are hazardous and classify the chemicals in accordance with this section. For each chemical, the manufacturer or importer shall determine the hazard classes, and where appropriate, the category of each class that apply to the chemical being classified. Employers are not required to classify chemicals unless they choose not to rely on the classification performed by the manufacturer or importer for the chemical to satisfy this requirement.

(2) Manufacturers, importers, or employers classifying chemicals shall identify and consider the full range of available scientific literature and other evidence concerning the potential hazards. This section does not require manufacturers, importers, or employers to conduct toxicological testing or epidemiological studies of the chemical(s) to determine how to classify the hazards. Appendix A to section 5194 shall be consulted for classification of health hazards and Appendix B to section 5194 shall be consulted for the classification of physical hazards. In addition, the manufacturer, importer, or employer classifying chemicals shall ensure that the identity and health effect of every chemical that they determine does not meet criteria in Appendix A for classification is noted on the safety data sheet if:

(A) There is statistically significant evidence of a hazardous effect; and,

(B) The evidence is based on at least one positive study conducted in accordance with established scientific principles.

(3) Manufacturers, importers, or employers classifying chemicals shall treat any chemical listed on the following sources as a hazardous chemical and shall be required to classify the listed chemical using the criteria as described in Appendix A.

(A) The list of hazardous substances prepared by the Director pursuant to Labor Code section 6382 and as promulgated in title 8, California Code of Regulations, section 339.

(B) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA).

(C) Threshold Limit Values for Chemical Substances in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition).

(D) Chemicals specifically identified and regulated under Title 8, Article 107, Dusts, Fumes, Mists, Vapors and Gases, and Article 109, Hazardous Substances and Processes.

The manufacturer, importer, or employer is still responsible for classifying and categorizing the hazards associated with the chemicals in these source lists in accordance with the requirements of this standard and its appendices.

EXCEPTION to subsection (d)(3): A manufacturer, importer, or employer classifying the hazards associated with the chemicals listed above who determines, based on thorough review of all available evidence, that the chemical does not meet the criteria in Appendix A for classification, is not required to classify that chemical provided that the classifier does all of the following:

1. Documents the basis for that determination including the studies or evidence relied upon, and maintains and makes that documentation available to employees, employers and the Division upon request, in accordance with this Section and Section 3204.

2. Discloses the identity of the chemical and the listing upon which the chemical appears on the SDS.

(4) Manufacturers, importers, and employers classifying chemicals shall treat any of the following sources as establishing that a chemical listed has met the total weight of evidence criteria as described in Appendix A for classification as a known or presumed human carcinogen, or a suspected human carcinogen for purposes of this section:

(A) National Toxicology Program (NTP), Annual Report on Carcinogens, (latest edition).

Annual Report on Carcinogens

(B) International Agency for Research on Cancer (IARC) Monographs (latest editions) .

Monographs

(C) Substances subject to regulation under the Occupational Carcinogen Control Act or which are regulated in Title 8, Article 110, Regulated Carcinogens.

(D) Substances that meet the definition of “select carcinogen” in Title 8, Section 5191.

EXCEPTION to subsection (d)(4): A manufacturer, importer, or employer classifying the hazards associated with the chemicals listed above who determines, based on thorough review of all available evidence, that the chemical does not cause cancer, need not classify that chemical as a carcinogen, provided that the classifier does all of the following:

1. Documents the basis for that determination including the studies or evidence relied upon, and maintains and makes that documentation available to employees, employers and the Division upon request, in accordance with this Section and Section 3204.

2. Discloses the identity of the chemical, and the listing upon which the chemical appears on the SDS. In addition, a notation shall appear on the SDS, in accordance with Appendix D, for all substances listed by NTP or IARC as carcinogens.

(5) Mixtures.

(A) Manufacturers, importers, or employers evaluating chemicals shall follow the procedures described in Appendices A and B to section 5194 to classify the hazards of the chemicals, including determinations regarding when mixtures of the classified chemicals are covered by this section.

(B) Manufacturers, importers or employers are also required to list any hazardous chemical on the SDS known to be present in a mixture, where the chemical is:

1. either a. One percent or more of the mixture or product or b. Two percent of the mixture or product if the hazardous chemical exists as an impurity in the mixture; and

2. the concentration of the chemical in the mixture is below the cut-off concentration specified in Appendix A.

(C) When classifying mixtures they produce or import, manufacturers and importers of mixtures may rely on the information provided on the current SDS of the individual ingredients except where the manufacturer or importer knows, or in the exercise of reasonable diligence should know, that the SDS misstates or omits information required by this section.

(D) If the manufacturer, importer, or employer classifying a mixture has evidence to indicate that a component present in the mixture presents a health risk below the cut-off/concentration limits in Appendix A, this information shall be included on the SDS in accordance with Appendix D.

(6) Manufacturers, importers, or employers classifying chemicals shall describe in writing the procedures they use to determine the hazards of the chemicals they evaluate. The written procedures are to be made available, upon request, to employees, their designated representatives, the Director, and NIOSH. The written description may be incorporated into the written hazard communication program required under section 5194(e).

(e) Written Hazard Communication Program.

(1) Employers shall develop, implement, and maintain at the workplace a written hazard communication program for their employees which at least describes how the criteria specified in sections 5194(f), (g), and (h) for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:

(A) A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and

(B) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas.

(2) In multi-employer workplaces, the written hazard communication program shall include the methods employers will use to inform any employers sharing the same work area of the hazardous chemicals to which their employees may be exposed while performing their work, and any suggestions for appropriate protective measures, including the following:

(A) The methods the employer will use to provide the other employer(s) with access to the safety data sheet, or to make it available at a central location in the workplace, for each hazardous chemical the other employer(s)' employees may be exposed to while working;

(B) The methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies; and,

(C) The methods the employer will use to inform the other employer(s) of the labeling system used in the workplace.

(3) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Chief, and NIOSH, in accordance with the requirements of section 3204(e).

(f) Labels and Other Forms of Warning.

(1) Labels on shipped containers. The manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked. Hazards not otherwise classified do not have to be addressed on the container. Where the manufacturer or importer is required to label, tag or mark the following information shall be provided:

(A) Product identifier;

(B) Signal word;

(C) Hazard statement(s);

(D) Pictogram(s);

(E) Precautionary statement(s); and,

(F) Name, address, and telephone number of the manufacturer, importer, or other responsible party.

(2) The manufacturer, importer, or distributor shall ensure that the information provided under section 5194 (f)(1)(A) through (E) is in accordance with Appendix C to section 5194, for each hazard class and associated hazard category for the hazardous chemical, prominently displayed, and in English (other languages may also be included if appropriate).

(3) The manufacturer, importer, or distributor shall ensure that the information provided under section 5194 (f)(1)(B) through (D) is located together on the tag, label or mark.

(4) Solid materials.

(A) For solid metal (such as a steel beam or a metal casting) that is not exempted as an article due to its downstream use, or shipments of whole grain, the required label may be transmitted to the customer at the time of the initial shipment, and need not be included with subsequent shipments to the same employer unless the information on the label changes;

(B) The label may be transmitted with the initial shipment itself, or with the safety data sheet that is to be provided prior to or at the time of the first shipment; and,

(C) This exception to requiring labels on every container of hazardous chemicals is only for the solid material itself, and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the material and to which employees handling the items in transit may be exposed (for example, cutting fluids, pesticides in grains or lubricants).

(5) Manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 et seq.) and regulations issued under that Act by the Department of Transportation.

(6) Workplace labeling. Except as provided in sections 5194(f)(7) and (f)(8) the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with either:

(A) The information specified under section 5194 (f)(1)(A) through (E) for labels on shipped containers; or,

(B) Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.

(7) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by section 5194(f)(6) to be on a label. The written materials shall be readily accessible to the employees in their work area throughout each work shift. In construction, the employer may use such written materials in lieu of affixing labels to individual containers as long as the alternative method identifies and accompanies the containers to which it is applicable and conveys the information required to be on a label.

(8) The employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer.

(9) The employer shall not remove or intentionally deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information.

(10) The employer shall ensure that workplace labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.

(11) Manufacturers, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical shall revise the labels for the chemical within six months of becoming aware of the new information. Labels on containers of hazardous chemicals shipped after that time shall contain the new information. If the chemical is not currently produced or imported, the manufacturer, importer, distributor, or employer shall add the information to the label before the chemical is shipped or introduced into the workplace again.

(g) Safety Data Sheets.

(1) Manufacturers and importers shall obtain or develop a safety data sheet for each hazardous chemical they produce or import. Employers shall have a safety data sheet for each hazardous chemical which they use.

Note to (g)(1): Employers should also refer to section 3204 concerning information to be retained after a particular chemical is no longer in use.

Note to (g)(1)

(2) The manufacturer or importer preparing the safety data sheet shall ensure that it is in English (although the employer may maintain copies in other languages as well) and includes at least the following section numbers and headings, and associated information under each heading, in the order listed (See Appendix D to section 5194—Safety Data Sheets, for the specific content of each section of the safety data sheet):

(A) Section 1, Identification;

(B) Section 2, Hazard(s) identification;

(C) Section 3, Composition/information on ingredients;

(D) Section 4, First-aid measures;

(E) Section 5, Fire-fighting measures;

(F) Section 6, Accidental release measures;

(G) Section 7, Handling and storage;

(H) Section 8, Exposure controls/personal protection;

(I) Section 9, Physical and chemical properties;

(J) Section 10, Stability and reactivity;

(K) Section 11, Toxicological information;

(L) Section 12, Ecological information;

(M) Section 13, Disposal considerations;

(N) Section 14, Transport information;

(O) Section 15, Regulatory information; and

(P) Section 16, Other information, including date of preparation or last revision.

(Q) A description in lay terms, if not otherwise provided, on either a separate sheet or with the body of the information specified in this section, of the specific potential health risks posed by the hazardous chemical intended to alert any person reading the information.

NOTE TO SECTION 5194 (g)(2): To be consistent with the GHS, an SDS must also include the headings in section 5194 (g)(2)(L) through (g)(2)(P) in order.

(3) If no relevant information is found for any sub-heading within a section on the safety data sheet, the manufacturer, importer, or employer preparing the safety data sheet shall mark it to indicate that no information was found. If the category is not applicable to the hazardous chemical involved, the space shall be marked to indicate that.

(4) Where complex mixtures have similar hazards and contents (i.e. the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the manufacturer, importer or employer may prepare one safety data sheet to apply to all of these similar mixtures.

(5) The manufacturer, importer or employer preparing the safety data sheet shall ensure that the information provided accurately reflects the scientific evidence used in making the hazard classification. If the manufacturer, importer, or employer become aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the safety data sheet within three months. If the chemical is not currently being produced or imported, the manufacturer or importer shall add the information to the safety data sheet before the chemical is introduced into the workplace again.

(6) Manufacturers or importers shall ensure that distributors and purchasers of hazardous chemicals are provided an appropriate safety data sheet with their initial shipment, and with the first shipment after a safety data sheet is updated. The manufacturer or importer shall either provide safety data sheets with the shipped containers or send them to the purchaser prior to or at the time of the shipment. If the safety data sheet is not provided with the shipment, the purchaser shall obtain one from the manufacturer, importer, or distributor as soon as possible. The manufacturer or importer shall also provide distributors or employers with a safety data sheet upon request.

(7) Distributors shall ensure that safety data sheets, and updated information, are provided to other distributors and purchasers of hazardous chemicals.

(8) The employer shall maintain copies of the required safety data sheets for each hazardous chemical in the workplace, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)

(9) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the safety data sheets may be kept at a central location at the primary workplace facility. In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency.

(10) Safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical and is readily accessible during each work shift to employees when they are in their work area(s).

(11) Safety data sheets shall also be made readily available, upon request, to designated representatives, and to the Chief, in accordance with the requirements of section 3204(e). NIOSH and the employee's physician shall also be given access to safety data sheets in the same manner.

(12) If the safety data sheet, or any item of information required by section 5194(g)(2), is not provided by the manufacturer or importer, the employer shall:

(A) Within 7 working days of noting this missing information, either from a request or in attempting to comply with section 5194(g)(1), make written inquiry to the manufacturer or importer of a hazardous chemical responsible for the safety data sheet, asking that the complete safety data sheet be sent to the employer. If the employer has made written inquiry in the preceding 12 months as to whether the chemical or product is subject to the requirements of the Act or the employer has made written inquiry within the last 6 months requesting new, revised or later information on the safety data sheet for the hazardous chemical, the employer need not make additional written inquiry.

(B) Notify the requester in writing of the date that the inquiry was made, to whom it was made, and the response, if any, received. Providing the requestor with a copy of the inquiry sent to the manufacturer, producer or seller and a copy of the response will satisfy this requirement.

(C) Notify the requestor of the availability of the safety data sheet within 15 days of the receipt of the safety data sheet from the manufacturer, producer or seller or provide a copy of the safety data sheet to the requestor within 15 days of the receipt of the safety data sheet from the manufacturer, producer or seller.

(D) Send the Director a copy of the written inquiry if a response has not been received within 25 working days.

(13) The preparer of a safety data sheet shall provide the Director with a copy of the safety data sheet. Where a trade secret claim is made, the preparer shall submit the information specified in section 5194(i)(15).

(h) Employee Information and Training.

(1) Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard is introduced into their work area. Information and training may relate to general classes of hazardous chemicals to the extent appropriate and related to reasonably foreseeable exposures of the job. Chemical-specific information must always be available through labels and safety data sheets.

(2) Information and training shall consist of at least the following topics:

(A) Employees shall be informed of the requirements of this section.

(B) Employees shall be informed of any operations in their work area where hazardous chemicals are present.

(C) Employees shall be informed of the location and availability of the written hazard communication program, including the list(s) of hazardous chemicals and safety data sheets required by this section.

(D) Employees shall be trained in the methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.).

(E) Employees shall be trained in the physical, health, simple asphyxiation, combustible dust and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area, and the measures they can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used.

(F) Employees shall be trained in the details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by their employer and the safety data sheet, and how employees can obtain and use the appropriate hazard information.

(G) Employers shall inform employees of the right:

1. To personally receive information regarding hazardous chemicals to which they may be exposed, according to the provisions of this section;

2. For their physician or collective bargaining agent to receive information regarding hazardous chemicals to which the employee may be exposed according to provisions of this section;

3. Against discharge or other discrimination due to the employee's exercise of the rights afforded pursuant to the provisions of the Hazardous Substances Information and Training Act.

(3) Whenever the employer receives a new or revised safety data sheet, such information shall be provided to employees on a timely basis not to exceed 30 days after receipt, if the new information indicates significantly increased risks to, or measures necessary to protect, employee health as compared to those stated on a safety data sheet previously provided.

(i) Trade Secrets.

(1) The manufacturer, importer or employer may withhold the specific chemical identity of a hazardous chemical, or the exact percentage (concentration) of the substance in a mixture, from the safety data sheet, provided that:

(A) The claim that the information withheld is a trade secret can be supported;

(B) Information contained in the safety data sheet concerning the properties and effects of the hazardous chemical is disclosed;

(C) The safety data sheet indicates that the specific chemical identity and/or percentage of composition is being withheld as a trade secret; and,

(D) The specific chemical identity and percentage is made available to health or safety professionals, employees, and designated representatives in accordance with the applicable provisions of this subsection.

(2) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical identity and/or specific percentage of composition of a hazardous chemical is necessary for emergency or first-aid treatment, the manufacturer, importer, or employer shall immediately disclose the specific chemical identity or percentage composition of a trade secret chemical to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The manufacturer, importer, or employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of sections 5194(i)(3) and (4), as soon as circumstances permit.

(3) In non-emergency situations, a manufacturer, importer, or employer shall, upon request, disclose a specific chemical identity or percentage composition, otherwise permitted to be withheld under section 5194(i)(1), to a health or safety professional (i.e., physician, nurse, industrial hygienist, safety professional, toxicologist, or epidemiologist) providing medical or other occupational health services to exposed employee(s), and to employees and designated representatives, if:

(A) The request is in writing;

(B) The request describes with reasonable detail one or more of the following occupational health needs for the information:

1. To assess the hazards of the chemicals to which employees will be exposed;

2. To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels;

3. To conduct pre-assignment or periodic medical surveillance of exposed employees;

4. To provide medical treatment to exposed employees;

5. To select or assess appropriate personal protective equipment for exposed employees;

6. To design or assess engineering controls or other protective measures for exposed employees; and,

7. To conduct studies to determine the health effects of exposure.

(C) The request explains in detail why the disclosure of the specific chemical identity or percentage composition is essential and that, in lieu thereof, the disclosure of the following information would not enable the health or safety professional, employee or designated representative to provide the occupational health services described in section 5194(i)(3)(B):

1. The properties and effects of the chemical;

2. Measures for controlling workers' exposure to the chemical;

3. Methods of monitoring and analyzing worker exposure to the chemical; and,

4. Methods of diagnosing and treating harmful exposures to the chemical;

(D) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and,

(E) The health or safety professional,employee, or designated representative and the employer or contractor of the health or safety professional's services (i.e., downstream employer, labor organization, or individual employee), agree in a written confidentiality agreement that the health or safety professional, employee, or designated representative will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to the Director, as provided in section 5194(i)(6), except as authorized by the terms of the agreement or by the manufacturer, importer, or employer.

(4) The confidentiality agreement authorized by section 5194(i)(3)(D) shall not include requirements for the posting of a penalty bond.

(5) Nothing in this standard is meant to preclude the parties from pursuing non-contractual remedies to the extent permitted by law.

(6) If the health or safety professional, employee, or designated representative receiving the trade secret information decides that there is a need to disclose it to the Director, then the manufacturer, importer, or employer who provided the information shall be informed by the health or safety professional, employee, or designated representative prior to, or at the same time as, such disclosure.

(7) If the manufacturer, importer, or employer denies a written request for disclosure of a specific chemical identity or percentage composition, the denial must:

(A) Be provided to the health or safety professional, employee, or designated representative within thirty days of the request;

(B) Be in writing;

(C) Include evidence to support the claim that the specific chemical identity or percent of composition is a trade secret;

(D) State the specific reasons why the request is being denied; and,

(E) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the trade secret.

(8) The health or safety professional, employee, or designated representative whose request for information is denied under section 5194(i)(3) may refer the request and the written denial of the request to the Director for consideration.

(9) When a health or safety professional, employee, or designated representative refers the denial to the Director under section 5194(i)(8), or upon the Director's own initiative when receiving information pursuant to section 5194(g)(13) which is claimed to be a trade secret, the Director shall consider the evidence to determine if:

(A) The manufacturer, importer, or employer has supported the claim that the specific chemical identity or percentage composition is a trade secret;

(B) The health or safety professional,employee, or designated representatives has supported the claim that there is a medical or occupational health need for the information; and,

(C) The health or safety professional,employee, or designated representative has demonstrated adequate means to protect the confidentiality.

(10) If the Director determines that the specific chemical identity or percentage composition requested under section 5194(i)(3) is not a bona fide trade secret, or that it is a trade secret but the requesting health or safety professional, employee, or designated representative has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the manufacturer, importer, or employer will be subject to citation by the Director. The Director shall so notify the manufacturer, importer, or employer by certified mail.

bona fide

(11) The manufacturer, importer, or employer shall have 15 days after receipt of notification under section 5194(i)(10) to provide the Director with a complete justification and statement of the grounds on which the trade secret privilege is claimed. This justification and statement shall be submitted by certified mail.

(12) The Director shall determine whether such information is protected as a trade secret within 15 days after receipt of the justification and statement required by section 5194(i)(11), or if no justification and statement is filed, within 30 days of the original notice, and shall notify the employer or manufacturer and any party who has requested the information pursuant to the California Public Records Act of that determination by certified mail. If the Director determines that the information is not protected as a trade secret, the final notice shall also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the information shall be available to the public.

(13) Prior to the date specified in the final notice provided pursuant to section 5194(i)(12), a manufacturer, importer, or employer may institute an action in an appropriate superior court for a declaratory judgment as to whether such information is subject to protection from disclosure.

(14) If a manufacturer, importer, or employer demonstrates to the Director that the execution of a confidentiality agreement as provided for by section 5194(i)(10) would not provide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the Director may issue such orders to impose such additional limitations or conditions upon the disclosure of the requested information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the manufacturer, importer, or employer.

(15) Notwithstanding the existence of a trade secret claim, a manufacturer, importer, or employer shall disclose to the Director the specific chemical identity or percentage composition of any hazardous chemical in a product for which trade secrecy is claimed. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Director so that suitable determinations of trade secret status can be made and the necessary protections can be implemented.

(16) Nothing in section 5194(i) shall be construed as requiring the disclosure under any circumstances of process or percentage of mixture information which is a trade secret.

(j) Effective dates.

(1) Employers shall train employees regarding the new label elements and safety data sheets format by December 1, 2013.

(2) Manufacturers, importers, distributors, and employers shall be in compliance with all modified provisions of this section no later than June 1, 2015, except:

(A) After December 1, 2015, the distributor shall not ship containers labeled by the manufacturer or importer unless the label has been modified to comply with section 5194(f)(1).

(B) All employers shall, as necessary, update any alternative workplace labeling used under section 5194 (f)(6), update the hazard communication program required by section 5194(h)(1), and provide any additional employee training in accordance with section 5194(h)(3) for newly identified physical or health hazards no later than June 1, 2016.

(3) Manufacturers, importers, distributors, and employers may comply with either section 5194 revised as of July 6, 2004, or the current version of this standard, or both during the transition period.

(k) Appendices.

(1) Appendices A to E of this section are incorporated as part of this section and the provisions are mandatory.

(2) Appendix F contains information which is not intended to create any additional obligations not otherwise imposed or to detract from any existing obligation.

(3) Appendix G contains the following 22 CCR Sections: 12201(a), 12201(b), 12201(c), 12201(d), 12201(f), 12201(k), 12502, 12601, 12701(a), 12701(b), 12701(d), 12703, 12705, 12707, 12709, 12711, 12721, 12801, 12803, 12805, 12821, and 12901 in effect on May 9, 1991 that are referred to in subsection (b)(6).

Note: Authority cited: Sections 50.7, 142.3 and 6398, Labor Code. Reference: Sections 50.7, 142.3 and 6361-6399.7, Labor Code; Sections 25249.6, 25249.7, 25249.8, 25249.10, 25249.11, 25249.12 and 25249.13, Health and Safety Code; California Lab. Federation v. Occupational Safety and Health Stds. Bd. (1990) 221 Cal.App.3d 1547 [271 Cal. Rptr. 310]; and United Steelworkers of America v. Auchter (3d Cir. 1985) 763 F.2d 728.

California Lab. Federation v. Occupational Safety and Health Stds. Bd.

United Steelworkers of America v. Auchter

HISTORY

1. New section filed 12-9-81; designated effective 180 days following adoption of a list of hazardous substances pursuant to the Act by the Director, Department of Industrial Relations (Register 81, No. 50).

2. Repealer and new section (including appendices A-C) filed 11-22-85; designated effective 11-25-85 pursuant to Government Code section 11346.2(d) (Register 85, No. 47).

3. Order of Repeal of subsection (a) pursuant to Government Code section 11342(b), amendment, and new appendix D filed 5-26-87; operative 6-25-87 (Register 87, No. 23).

4. Change without regulatory effect removing chapter heading filed 3-6-91; operative 4-4-91 (Register 91, No. 15).

5. Change without regulatory effect repealing Article 110 heading “Special Hazardous Substances and Processes” filed 3-6-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 15).

6. New subsections (b)(6)(A)-(E) and (k)(3) filed 5-31-91 as an emergency; operative 5-31-91 (Register 91, No. 33). A Certificate of Compliance must be transmitted to OAL by 9-30-91 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section filed 9-30-91 as an emergency; operative 9-30-91 (Register 92, No. 2). A Certificate of Compliance must be transmitted to OAL 1-28-92 or emergency language will be repealed by operation of law on the following day.

8. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 12).

9. New subsections (b)(6)(A)-(F) and (k)(3) refiled 12-17-91; operative 12-17-91. Certificate of Compliance included (Register 92, No. 12).

10. Change without regulatory effect amending definitions of Chief, Department, and Director in subsection (c) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).

11. New subsections (b)(5)(I)-(b)(5)(I)3. and (e)(2)(A)-(C), new subsection (g)(2)(a)3.b. and subsection relettering, new subsection (g)(9) and subsection renumbering, and amendment of subsections (b)(4)(B), (b)(5)(H), (d)(3)(A), (d)(3)(C), (d)(4)-(d)(4)(B), (d)(5)(D), (e)(1), (e)(2), (f), (f)(1), (g)(1), (g)(2)(G), (g)(8), (h)(2)(C), (i)(9), (i)(16) and newly designated subsections (g)(10) and (g)(12)(D) filed 4-26-93; operative 5-26-93 (Register 93, No. 18).

12. Editorial correction of History 9 (Register 94, No. 13).

13. Change without regulatory effect amending subsection (g)(12)(A) filed 12-14-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 50).

14. Repealer of note to subsection (f) filed 9-4-97; operative 10-4-97 (Register 97, No. 36).

15. Change without regulatory effect changing subsection (k) designator to subsection (j) designator filed 3-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 12).

16. Amendment of subsections (b)(5)(C), (d)(3)(C) and (d)(4)(A)-(B), new subsection (f)(10) and amendment of subsections (g)(2), (g)(2)(G), (g)(6), (g)(8) and (h)(1) filed 7-6-2004; operative 7-6-2004. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2004, No. 28).

17. Amendment filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).

18. Change without regulatory effect amending subsection (g)(2)(Q) filed 9-17-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 38).

19. Amendment refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).

20. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).

21. Amendment of definition of “Combustible Liquid,” and repealer of definitions of “Flammable” and “Flashpoint” within subsection (c) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

22. Amendment filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

23. Editorial correction of subsection (g)(2)(Q) - Note (Register 2015, No. 37).

24. Change without regulatory effect amending definition of “Safety Data Sheet (SDS)” within subsection (c) filed 1-6-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).

This database is current through 9/28/18 Register 2018, No. 39

Section 14300§Sections Purpose.

The purpose of this rule (Article 2) is to require employers to record work-related fatalities, injuries and illnesses. Note 1: Recording a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that a Cal/OSHA regulation has been violated, or that the employee is eligible for workers' compensation or other benefits. Note 2: All employers covered by the California Occupational Safety and Health Act are covered by the provisions of Article 2. However, because of the partial exemptions provided by Sections 14300.1 and 14300.2, most employers do not have to keep OSHA injury and illness records unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. For example, employers with 10 or fewer employees and establishments in certain industry classifications listed in Section 14300.2, Appendix A, are partially exempt from keeping Cal/OSHA injury and illness records.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. Repealer of former article 2 (sections 14300-14400), and new article 2 (sections 14300-14300.48) and section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3). For prior history of article 2, see Register 83, No. 3.

Section 14300.1§Sections Partial Exemption for Employers with 10 or Fewer Employees.

(a) Basic requirement.

(1) If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep Cal/OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under the provisions of Section 14300.41 or Section 14300.42. However, all employers must continue to file reports of occupational injuries and illnesses with the Division of Labor Statistics and Research as required by Article 1 of this subchapter, and to immediately report to the Division of Occupational Safety and Health any workplace incident that results in serious injury or illness, or death, as required by Title 8 Section 342.

(2) If your company had more than ten (10) employees at any time during the last calendar year, you must keep Cal/OSHA injury and illness records unless your establishment is classified as a partially exempt industry under Section 14300.2.

(b) Implementation.

(1) Is the partial exemption for size based on the size of my entire company or on the size of an individual establishment?

The partial exemption for size is based on the number of employees in the entire company.

(2) How do I determine the size of my company to find out if I qualify for the partial exemption for size?

To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had 10 or fewer employees at all times in the last calendar year, your company qualifies for the partial exemption for size.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.2§Sections Partial Exemption for Establishments in Certain Industries.

(a) Basic requirement.

(1) If you are an employer and your business establishment is classified in a specific industry group listed in Table 1 in Appendix A of this section, you do not need to keep Cal/OSHA injury and illness records required by Article 2 unless the government asks you to keep the records under Section 14300.41 or Section 14300.42. However, all employers must report to the Division of Occupational Safety and Health any workplace incident that results in a serious injury or illness, or death, as required at Title 8 Section 342.

(2) If one or more of your establishments are classified in a non-exempt industry, you must keep Cal/OSHA injury and illness records required by Article 2 for all such establishments except those partially exempted because of size under Section 14300.1.

(b) Implementation.

Implementation

(1) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records, while others may be partially exempt.

Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company?

(2) How do I determine the correct NAICS code for my company or for individual establishments? You can determine your NAICS code by using one of three methods, or you may contact your nearest OSHA office or State agency for help in determining your NAICS code:

How do I determine the correct NAICS code for my company or for individual establishments?

(i) You can use the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices.

http://www.census.gov/eos/www/naics/

(ii) Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.

http://www.census.gov/eos/www/naics/

(iii) If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the “Concordances” link at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/.

http://www.census.gov/eos/www/naics/

Appendix A to Section 14300.2

Appendix A to Section 14300.2

Employers are not required to keep Cal/OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or the Division of Occupational Safety and Health. All employers, including those partially exempted by reason of their size or industry classification, must report to the Division of Occupational Safety and Health any workplace incident that results in a serious injury or illness, or death, as required at Title 8 Section 342.

Table 1

NOTE: In California, establishments in NAICS Code 5121, Motion Picture and Video Industries are required to record. Federal law does not require these establishments to record. This is the only difference between the list of establishments shown in Table 1 above and the list shown in the equivalent federal rule at 29 CFR 1904.2.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section and Appendix A filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

2. Amendment of section and Appendix filed 8-20-2015; operative 1-1-2016 (Register 2015, No. 34).

Section 14300.3§Sections Keeping Records for More than One Agency.

If you create records to comply with another government agency's injury and illness recordkeeping requirements, OSHA will consider those records as meeting OSHA's recordkeeping requirements if OSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as this article requires you to record. You may contact the nearest office of the Division of Occupational Safety and Health for help in determining whether your records meet the requirements of this article.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.4§Sections Recording Criteria.

(a) Basic requirement. Each employer required by this article to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that:

(1) Is work-related; and

(2) Is a new case; and

(3) Meets one or more of the general recording criteria of Section 14300.7 or the application to specific cases of Section 14300.8 through Section 14300.12.

(b) Implementation.

What sections of this rule describe recording criteria for recording work-related injuries and illnesses?

The list below indicates which sections of the rule address each topic

(1) Determination of work-relatedness. See Section 14300.5;

(2) Determination of a new case. See Section 14300.6;

(3) General recording criteria. See Section 14300.7; and

(4) Additional criteria. (Needlestick and sharps injury cases, medical removal cases, hearing loss cases, tuberculosis cases, and musculoskeletal disorder cases.) See Section 14300.8 though Section 14300.12.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.5§Sections Determination of Work-Relatedness.

(a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in Section 14300.5(b)(2) specifically applies.

(b) Implementation.

(1) What is the "work environment"?

Work environment is defined as "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work."

(2) Are there situations where an injury or illness occurs in the work environment and is not considered work-related?

Yes. An injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable:

(A) At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.

(B) The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment.

(C) The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball.

(D) The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer's establishment, the case would not be considered work-related. Note : If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related.

(E) The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.

(F) The injury or illness is solely the result of personal grooming, self-medication for a non-work-related condition, or is intentionally self-inflicted.

(G) The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.

(H) The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work).

(I) The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related.

(3) How do I handle a case if it is not obvious whether the precipitating event or exposure occurred in the work environment or occurred away from work?

In these situations, you must evaluate the employee's work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing condition.

(4) How do I know if an event or exposure in the work environment "significantly aggravated" a pre-existing injury or illness?

A pre-existing injury or illness has been significantly aggravated, for purposes of Cal/OSHA injury and illness recordkeeping required by this Article, when an event or exposure in the work environment results in any of the following:

(A) Death, provided that the pre-existing injury or illness would likely not have resulted in death but for the occupational event or exposure.

(B) Loss of consciousness, provided that the pre-existing injury or illness would likely not have resulted in loss of consciousness but for the occupational event or exposure.

(C) One or more days away from work, or days of restricted work, or days of job transfer that otherwise would not have occurred but for the occupational event or exposure.

(D) Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure.

(5) Which injuries and illnesses are considered pre-existing conditions?

An injury or illness is a pre-existing condition if it resulted solely from a non-work-related event or exposure that occurred outside the work environment.

(6) How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs?

Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer." Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer).

Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if they meet one of the following exceptions: EXCEPTION 1: When a traveling employee checks into a hotel, motel, or other temporary residence, he or she establishes a "home away from home." You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for their work-relatedness in the same manner as you evaluate the activities of a non-traveling employee. When the employee checks into the temporary residence, he or she is considered to have left the work environment. When the employee begins work each day, he or she re-enters the work environment. If the employee has established a "home away from home" and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location. EXCEPTION 2: Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel (e.g., has taken a side trip for personal reasons).

(7) How do I decide if a case is work-related when the employee is working at home?

Injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of work rather than to the general home environment or setting. For example, if an employee drops a box of work documents and injures his or her foot, the case is considered work-related. If an employee's fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected and requires medical treatment, the injury is considered work-related. If an employee is injured because he or she trips on the family dog while rushing to answer a work phone call, the case is not considered work-related. If an employee working at home is electrocuted because of faulty home wiring, the injury is not considered work-related.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.6§Sections Determination of New Cases.

(a) Basic requirement. You must consider an injury or illness to be a “new case” if:

(1) The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body, or

(2) The employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear.

(b) Implementation.

(1) When an employee experiences the signs or symptoms of a chronic work-related illness, do I need to consider each recurrence of signs or symptoms to be a new case?

No. For occupational illnesses where the signs or symptoms may recur or continue in the absence of an exposure in the workplace, the case must only be recorded once. Examples may include occupational cancer, asbestosis, byssinosis and silicosis.

(2) When an employee experiences the signs or symptoms of an injury or illness as a result of an event or exposure in the workplace, such as an episode of occupational asthma, must I treat the episode as a new case?

Yes. Because the episode or recurrence was caused by an event or exposure in the workplace, the incident must be treated as a new case.

(3) May I rely on a physician or other licensed health care professional to determine whether a case is a new case or a recurrence of an old case?

You are not required to seek the advice of a physician or other licensed health care professional. However, if you do seek such advice, you must follow the physician or other licensed health care professional's recommendation about whether the case is a new case or a recurrence. If you receive recommendations from two or more physicians or other licensed health care professionals, you must make a decision as to which recommendation is the most authoritative (best documented, best reasoned, or most authoritative), and record the case based upon that recommendation.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.7§Sections General Recording Criteria.

(a) Basic requirement. You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following as detailed in subsections (b)(2) through (b)(6) of this section: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional as detailed in subsection (b)(7) of this section, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.

(b) Implementation.

(1) How do I decide if a case meets one or more of the general recording criteria?

A work-related injury or illness must be recorded if it results in one or more of the following:

(A) Death, See Section 14300.7(b)(2)

(B) Days away from work, See Section 14300.7(b)(3)

(C) Restricted work or transfer to another job, See Section 14300.7(b)(4)

(D) Medical treatment beyond first aid, See Section 14300.7(b)(5)

(E) Loss of consciousness, See Section 14300.7(b)(6)

(F) A significant injury or illness diagnosed by a physician or other licensed health care professional. See Section 14300.7(b)(7)

(2) How do I record a work-related injury or illness that results in a fatality?

You must record an injury or illness that results in a fatality, as defined in Section 14300.46 of this Article, by entering a mark on the Cal/OSHA Form 300 in the column labeled for cases resulting in death. You must also report any work-related fatality or serious injury or illness to the Division of Occupational Safety and Health within eight (8) hours, as required by Title 8 Section 342.

(3) How do I record a work-related injury or illness that results in days away from work?

When an injury or illness involves one or more days away from work, you must record the injury or illness on the Cal/OSHA Form 300 with a mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.

(A) Do I count the day on which the injury occurred or the illness began?

No. You begin counting days away on the day after the injury occurred or the illness began.

(B) How do I record an injury or illness when a physician or other licensed health care professional recommends that the worker stay at home but the employee comes to work anyway?

You must record these injuries and illnesses on the Cal/OSHA Form 300 using the check box for cases with days away from work and enter the number of calendar days away recommended by the physician or other licensed health care professional. If a physician or other licensed health care professional recommends days away, you should encourage your employee to follow that recommendation. However, the days away must be recorded whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.

(C) How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway?

In this situation, you must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work.

(D) How do I count weekends, holidays, or other days the employee would not have worked anyway?

You must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those day(s). Weekend days, holidays, vacation days or other days off are included in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness.

(E) How do I record a case in which a worker is injured or becomes ill on a Friday and reports to work on a Monday, and was not scheduled to work on the weekend?

You need to record this case only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the weekend. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.

(F) How do I record a case in which a worker is injured or becomes ill on the day before scheduled time off such as a holiday, a planned vacation, or a temporary plant closing?

You need to record a case of this type only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the scheduled time off. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.

(G) Is there a limit to the number of days away from work I must count?

Yes. You may “cap” the total days away at 180 calendar days. You are not required to keep track of the number of calendar days away from work if the injury or illness resulted in more than 180 calendar days away from work and/or days of job transfer or restriction. In such a case, entering 180 in the total days away column will be considered adequate.

(H) May I stop counting days if an employee who is away from work because of an injury or illness retires or leaves my company?

Yes. If the employee leaves your company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days away or days of restriction/job transfer and enter the day count on the Cal/OSHA Form 300.

(I) If a case occurs in one year but results in days away during the next calendar year, do I record the case in both years?

No. You only record the injury or illness once. You must enter the number of calendar days away for the injury or illness on the Cal/OSHA Form 300 for the year in which the injury or illness occurred. If the employee is still away from work because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the 180-day cap.

(4) How do I record a work-related injury or illness that results in restricted work or job transfer?

When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the Cal/OSHA Form 300 by placing a mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column.

(A) How do I decide if the injury or illness resulted in restricted work?

Restricted work occurs when, as the result of a work-related injury or illness:

1. You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work; or

2. A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work.

(B) What is meant by “routine functions”?

For recordkeeping purposes, an employee's routine functions are those work activities the employee regularly performs at least once per week.

(C) Do I have to record restricted work or job transfer if it applies only to the day on which the injury occurred or the illness began?

No. You do not have to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began.

(D) If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a “restricted work” case?

No. A recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing one or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case.

(E) How do I record a case where the worker works only for a partial work shift because of a work-related injury or illness?

A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began.

(F) If the injured or ill worker produces fewer goods or services than he or she would have produced prior to the injury or illness but otherwise performs all of the routine functions of his or her work, is the case considered a restricted work case?

No. The case is considered restricted work only if the worker does not perform all of the routine functions of his or her job or does not work the full shift that he or she would otherwise have worked.

(G) How do I handle vague restrictions from a physician or other licensed health care professional, such as that the employee engage only in “light duty” or “take it easy for a week”?

If you are not clear about the physician or other licensed health care professional's recommendation, you may ask that person whether the employee can do all of his or her routine job functions and work all of his or her normally assigned work shift. If the answer to both of these questions is “Yes,” then the case does not involve a work restriction and does not have to be recorded as such. If the answer to one or both of these questions is “No,” the case involves restricted work and must be recorded as a restricted work case. If you are unable to obtain this additional information from the physician or other licensed health care professional who recommended the restriction, record the injury or illness as a case involving restricted work.

(H) What do I do if a physician or other licensed health care professional recommends a job restriction meeting the definition in Section 14300.7(b)(4)(A), but the employee does all of his or her routine job functions anyway?

You must record the injury or illness on the Cal/OSHA Form 300 as a restricted work case. If a physician or other licensed health care professional recommends a job restriction, you should ensure that the employee complies with that restriction. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.

(I) How do I decide if an injury or illness involved a transfer to another job?

If you assign an injured or ill employee to a job other than his or her regular job for part of the day, the case involves transfer to another job. Note : This does not include the day on which the injury or illness occurred.

(J) Are transfers to another job recorded in the same way as restricted work cases?

Yes. Both job transfer and restricted work cases are recorded in the same box on the Cal/OSHA Form 300. For example, if you assign, or a physician or other licensed health care professional recommends that you assign, an injured or ill worker to his or her routine job duties for part of the day and to another job for the rest of the day, the injury or illness involves a job transfer. You must record an injury or illness that involves a job transfer by placing a check in the box for job transfer.

(K) How do I count days of job transfer or restriction?

You count days of job transfer or restriction in the same way you count days away from work, using Sections 14300.7(b)(3)(A) to (H), above. The only difference is that, if you permanently assign the injured or ill employee to a job that has been modified or permanently changed in a manner that eliminates the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is made permanent. You must count at least one day of restricted work or job transfer for such cases.

(5) How do I record an injury or illness that involves medical treatment beyond first aid?

If a work-related injury or illness results in medical treatment beyond first aid, you must record it on the Cal/OSHA Form 300. If the injury or illness did not involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer, you enter a mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted.

(A) What is the definition of medical treatment?

“Medical treatment” means the management and care of a patient to combat disease or disorder. For the purposes of Article 2, medical treatment does not include:

1. Visits to a physician or other licensed health care professional solely for observation or counseling;

2. The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or

3. “First aid” as defined in subsection (b)(5)(B) of this section.

(B) What is “first aid”?

For the purposes of Article 2, “first aid” means the following:

1. Using a nonprescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes);

2. Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);

3. Cleaning, flushing or soaking wounds on the surface of the skin;

4. Using wound coverings such as bandages, Band-AidsE , gauze pads, etc.; or using butterfly bandages or Steri-StripsE (other wound closing devices such as sutures, staples, etc. are considered medical treatment);

5. Using hot or cold therapy;

6. Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);

7. Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, backboards, etc.);

8. Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;

9. Using eye patches;

10. Removing foreign bodies from the eye using only irrigation or a cotton swab;

11. Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means;

12. Using finger guards;

13. Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or

14. Drinking fluids for relief of heat stress.

(C) Are any other procedures included in first aid?

No. This is a complete list of all treatments considered first aid for purposes of Article 2.

(D) Does the professional status of the person providing the treatment have any effect on what is considered first aid or medical treatment?

No. The treatments listed in Section 14300.7(b)(5)(B) of this Article are considered to be first aid regardless of the professional status of the person providing the treatment. Even when these treatments are provided by a physician or other licensed health care professional, they are considered first aid for the purposes of Article 2. Similarly, treatment beyond first aid is considered to be medical treatment even when it is provided by someone other than a physician or other licensed health care professional.

(E) What if a physician or other licensed health care professional recommends medical treatment but the employee does not follow the recommendation?

If a physician or other licensed health care professional recommends medical treatment, you should encourage the injured or ill employee to follow that recommendation. However, you must record the case even if the injured or ill employee does not follow the physician or other licensed health care professional's recommendation.

(6) Is every work-related injury or illness case involving a loss of consciousness recordable?

Yes. You must record a work-related injury or illness if the worker becomes unconscious, regardless of the length of time the employee remains unconscious.

(7) What is a “significant” diagnosed injury or illness that is recordable under the general criteria even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness?

Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional. Note to Section 14300.7: Most significant injuries and illnesses will result in one of the criteria listed in Section 14300.7(a): death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as byssinosis, silicosis, and some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. Cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.8§Sections Recording Criteria for Needlestick and Sharps Injuries

(a) Basic requirement. You must record all work-related needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (as defined by Title 8, Section 5193). You must enter the case on the Cal/OSHA Form 300 as an injury. To protect the employee's privacy, you may not enter the employee's name on the Cal/OSHA Form 300 (see the requirements for privacy cases in Subsections 14300.29(b)(6) through 14300.29(b)(9)). Note : The requirements of this section are not limited to health care and related establishments.

(b) Implementation.

(1) What does “other potentially infectious material” mean?

The term “other potentially infectious materials” is defined in the standard for Bloodborne Pathogens at Title 8 Section 5193(b) and includes the following materials:

(A) Human bodily fluids, tissues and organs, and

(B) Other materials infected with the HIV, hepatitis B virus (HBV) or hepatitis C virus (HCV) such as laboratory cultures or tissues from experimental animals.

(2) Does this mean that I must record all cuts, lacerations, punctures, and scratches?

No. You need to record cuts, lacerations, punctures, and scratches only if they are work-related and involve contamination with another person's blood or other potentially infectious material. If the cut, laceration, or scratch involves a clean object, or a contaminant other than blood or other potentially infectious material, you need to record the case only if it meets one or more of the recording criteria in Section 14300.7.

(3) If I record an injury and the employee is later diagnosed with an infectious bloodborne disease, do I need to update the Cal/OSHA Form 300?

Yes. You must update the classification of the case on the Cal/OSHA Form 300 if the case results in death, days away from work, restricted work, or job transfer. You must also update the description to identify the infectious disease and change the classification of the case from an injury to an illness.

(4) What if one of my employees is splashed or exposed to blood or other potentially infectious material without being cut or scratched? Do I need to record this incident?

You need to record such an incident on the Cal/OSHA Form 300 as an illness if:

(A) It results in the diagnosis of a bloodborne illness, such as HIV, hepatitis B, or hepatitis C; or

(B) It meets one or more of the recording criteria in Section 14300.7.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.9§Sections Recording Criteria for Cases Involving Medical Removal Under Cal/OSHA Standards.

(a) Basic requirement. If an employee is medically removed under the medical surveillance requirements of a Title 8 standard, you must record the case on the Cal/OSHA Form 300.

(b) Implementation.

(1) How do I classify medical removal cases on the Cal/OSHA Form 300?

You must enter each medical removal case on the Cal/OSHA Form 300 as either a case involving days away from work or a case involving restricted work activity, depending on how you decide to comply with the medical removal requirement. If the medical removal is the result of a chemical exposure, you must enter the case on the Cal/OSHA Form 300 by checking the “poisoning” column.

(2) Do all of Cal/OSHA's standards have medical removal provisions?

No. Some Title 8 standards, such as the standards covering bloodborne pathogens and noise, do not have medical removal provisions. Many Title 8 standards that cover specific chemical substances have medical removal provisions. These standards include, but are not limited to, lead, cadmium, methylene chloride, formaldehyde, and benzene.

(3) Do I have to record a case where I voluntarily removed the employee from exposure before the medical removal criteria in a Cal/OSHA standard are met?

No. If the case involves voluntary medical removal before the medical removal levels required by a Cal/OSHA standard, you do not need to record the case on the Cal/OSHA Form 300.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.10§Sections Recording Criteria for Cases Involving Occupational Hearing Loss.

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HISTORY

Section 14300.11§Sections Recording Criteria for Work-Related Tuberculosis Cases.

(b) Implementation.

(1) Do I have to record, on the Cal/OSHA Form 300, a positive TB skin test result obtained at a pre-employment physical?

No. You do not have to record it because the employee was not occupationally exposed to a known case of active tuberculosis in your workplace.

(2) May I line-out or erase a recorded TB case if I obtain evidence that the case was not caused by occupational exposure?

Yes. You may line-out or erase the case from the Cal/OSHA Form 300 under the following circumstances:

(A) The worker is living in a household with a person who has been diagnosed with active TB;

(B) The Public Health Department has identified the worker as a contact of an individual with a case of active TB unrelated to the workplace; or

(C) A medical investigation shows that the employee's infection was caused by exposure to TB away from work, or proves that the case was not related to the workplace TB exposure.

NOTE

Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.12§Sections Recording Criteria for Cases Involving Work-Related Musculoskeletal Disorders.

Record work-related injuries and illnesses involving muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs in accordance with the requirements applicable to any injury or illness under Sections 14300.5, 14300.6, 14300.7, and 14300.29. For entry (M) on the Cal/OSHA Form 300, you must check either the entry for "injury" or for "all other illnesses."

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HISTORY

Section 14300.29§Sections Forms.

- Cal/OSHA Log Form 300 - https://www.dir.ca.gov/dosh/DoshReg/ApndxA300Final.pdf

https://www.dir.ca.gov/dosh/DoshReg/ApndxA300Final.pdf

- Cal/OSHA Log Form 300A - https://www.dir.ca.gov/dosh/DoshReg/ApndxB300AFinal.pdf

https://www.dir.ca.gov/dosh/DoshReg/ApndxB300AFinal.pdf

- Cal/OSHA Log Form 301 - https://www.dir.ca.gov/dosh/DoshReg/ApndxC301Final.pdf

https://www.dir.ca.gov/dosh/DoshReg/ApndxC301Final.pdf

<General Materials (GM) - References, Annotations, or Tables>

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HISTORY

Section 14300.30§Sections Multiple Establishments.

(a) Basic requirement. You must keep a separate Cal/OSHA Form 300 for each establishment that is expected to be in operation for one year or longer.

(b) Implementation.

(1) Do I need to keep injury and illness records for short-term establishments (i.e., establishments that will exist for less than a year)?

Yes. However, you do not have to keep a separate Cal/OSHA Form 300 for each such establishment. You may keep one Cal/OSHA Form 300 that covers all of your short-term establishments. You may also include the short-term establishments' recordable injuries and illnesses on a Cal/OSHA Form 300 that covers short-term establishments for individual company divisions or geographic regions.

(2) May I keep the records for all of my establishments at my headquarters location or at some other central location?

Yes. You may keep the records for an establishment at your headquarters or other central location if you:

(A) Transmit information about the injuries and illnesses from the establishment to the central location within seven (7) calendar days of receiving information that a recordable injury or illness has occurred.

Exception: If you have an establishment in SIC Code 781 and it is operated at a location that is remote from your central location, you must transmit the information to the central location within the lesser of 30 calendar days of learning of the injury or illness, or 7 calendar days of termination of operations at the remote location;

(B) Produce and send the records from the central location to the establishment within the time frames required by Section 14300.35 and Section 14300.40 when you are required to provide records to a government representative, employee, former employee or employee representative;

(C) Have the address and telephone number of the central location or headquarters where records are kept available at each worksite; and

(D) Have personnel available at the central location or headquarters where records are kept during normal business hours to transmit information from the records maintained there as required by Section 14300.35 and Section 14300.40.

(3) Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees?

You must link each of your employees with one of your establishments, for recordkeeping purposes. You must record each injury and illness on the Cal/OSHA Form 300 of the injured or ill employee's establishment, or on a Cal/OSHA Form 300 that covers that employee's short-term establishment.

(4) How do I record an injury or illness when an employee of one of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from any of my establishments?

If the injury or illness occurs at one of your establishments, you must record the injury or illness on the Cal/OSHA Form 300 of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the Cal/OSHA Form 300 for the establishment at which the employee normally works.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.31§Sections Covered Employees.

(a) Basic requirement. You must record on the Cal/OSHA Form 300 the recordable injuries and illnesses of all employees on your payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You also must record the recordable injuries and illnesses that occur to employees who are not on your payroll if you supervise these employees on a day-to-day basis. If your establishment is organized as a sole proprietorship or partnership, the owner or partners are not considered employees for recordkeeping purposes.

(b) Implementation.

(1) If a self-employed person is injured or becomes ill while doing work at my establishment, do I need to record the injury or illness?

No. Self-employed individuals are not covered by the Cal/OSHA Act or this regulation.

(2) If I obtain employees from a temporary help service, employee leasing service, or personnel supply service, do I have to record an injury or illness occurring to one of those employees?

You must record these injuries and illnesses if you supervise these employees on a day-to-day basis.

(3) If an employee in my establishment is a contractor's employee, must I record an injury or illness occurring to that employee?

If the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee's work on a day-to-day basis, you must record the injury or illness.

(4) Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased or contract employees that I supervise on a day-to-day basis?

No. You and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your Cal/OSHA Form 300 (if you provide day-to-day supervision) or on the other employer's Cal/OSHA Form 300 (if that company provides day-to-day supervision).

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.32§Sections Annual Summary.

(a) Basic requirement. At the end of each calendar year, you must:

(1) Review the Cal/OSHA Form 300 to verify that the entries are complete and accurate, and correct any deficiencies identified;

(2) Create an annual summary of injuries and illnesses recorded on the Cal/OSHA Form 300 using the Cal/OSHA Form 300A Annual Summary of Work-related Injuries and Illnesses;

(3) Certify the annual summary; and

(4) Post the annual summary.

(b) Implementation.

(1) How extensively do I have to review the Cal/OSHA Form 300 entries at the end of the year?

You must review the entries as extensively as necessary to make sure that they are complete and correct.

(2) How do I complete the annual summary?

You must:

(A) Total the columns on the Cal/OSHA Form 300 (if you had no recordable cases, enter zeros for each column total); and

(B) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the Cal/OSHA Form 300, and the total hours worked by all employees covered by the Cal/OSHA Form 300.

(C) If you are using an equivalent form other than the Cal/OSHA 300A, as permitted under Section 14300.29(b)(4), the annual summary you use must also include the employee access and employer penalty statements found on the Cal/OSHA Form 300A.

(3) How do I certify the annual summary?

A company executive must certify that he or she has examined the Cal/OSHA Form 300 and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.

(4) Who is considered a company executive?

The company executive who certifies the log must be one of the following persons:

(A) An owner of the company (this is required only if the company is a sole proprietorship or partnership);

(B) An officer of the corporation;

(C) The highest ranking company official working at the establishment; or

(D) The immediate supervisor of the highest ranking company official working at the establishment.

(5) How do I post the annual summary?

You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material.

(6) When do I have to post the annual summary?

You must post the annual summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.

(7) What must be done for employees who do not normally report at least weekly to a location where the annual summary is posted for the establishment at which they work? Employers are required to present or mail the annual summary to each employee who receives pay during the February through April posting period who does not normally report at least weekly to a location where the annual summary is posted for the establishment to which they are linked for recordkeeping purposes as described at Section 14300.30(b)(3).

(8) Do I have to post the annual summary at locations where I no longer have operations or employees?

For multi-establishment employers where operations have closed down in some establishments during the calendar year, it will not be necessary to post summaries for those establishments.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.33§Sections Retention and Updating.

(a) Basic requirement. You must save the Cal/OSHA Form 300, the privacy case list (if one exists), the Cal/OSHA Form 300A, and the Cal/OSHA Form 301 Incident Reports for five (5) years following the end of the calendar year that these records cover.

(b) Implementation.

(1) Do I have to update the Cal/OSHA 300 Form during the five-year storage period?

Yes. During the storage period, you must update your stored Cal/OSHA 300 forms to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information.

(2) Do I have to update the Cal/OSHA 300A Annual Summary of Work-related Injuries and Illnesses?

No. You are not required to update the annual summary, but you may do so if you wish.

(3) Do I have to update the Cal/OSHA 301 Incident Reports?

No. You are not required to update the Cal/OSHA 301 Incident Reports, but you may do so if you wish.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.34§Sections Change in Establishment Ownership.

If your establishment changes ownership, you are responsible for recording and reporting work-related injuries and illnesses only for that period of the year during which you owned the establishment. You must transfer the records required by this article to the new owner. The new owner must save all records of the establishment kept by the prior owner, as required by Section 14300.33 of this Article, but need not update or correct the records of the prior owner.

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.35§Sections Employee Involvement.

(a) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in several ways.

(1) You must inform each employee of how he or she is to report a work-related injury or illness to you.

(2) You must provide access to your injury and illness records for your employees and their representatives as described in paragraph (b)(2) of this section.

(b) Implementation.

(1) What must I do to make sure that employees report work-related injuries and illnesses to me?

(A) You must set up a way for employees to report work-related injuries and illnesses promptly and

(B) You must tell each employee how to report work-related injuries and illnesses to you.

(2) Do I have to give my employees and their representatives access to the injury and illness records required by this article?

Yes. Your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the injury and illness records required by this article, with some limitations, as discussed below.

(A) Who is an authorized employee representative?

An authorized employee representative is an authorized collective bargaining agent of employees.

(B) Who is a “personal representative” of an employee or former employee?

A personal representative is:

1. Any person that the employee or former employee designates as such, in writing; or

2. The legal representative of a deceased or legally incapacitated employee or former employee.

(C) If an employee or his or her representative asks for access to the Cal/OSHA Form 300 and annual summary when do I have to provide it?

When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored Cal/OSHA 300 forms or a current or stored annual summary for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant Cal/OSHA 300 forms and annual summaries by the end of the next business day.

EXCEPTION: If your establishment is in NAICS Code 5121, you must give the requester the information within seven (7) calendar days.

(D) May I remove the names of the employees or any other information from the Cal/OSHA Form 300 before I give copies to an employee, former employee, or employee representative?

No. You must leave the names on the Cal/OSHA Form 300. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the Cal/OSHA Form 300 for certain “privacy concern cases,” as specified in Sections 14300.29(b)(6) through 14300.29(b)(9).

(E) If an employee or representative asks for access to the Cal/OSHA 301 Incident Report, when do I have to provide it?

1. When an employee, former employee, or personal representative asks for a copy of the Cal/OSHA Form 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the Cal/OSHA 301 Incident Report containing that information by the end of the next business day.

EXCEPTION: If your establishment is in NAICS Code 5121, you must give the requester the information within seven (7) calendar days.

2. When an authorized employee representative asks for copies of the Cal/OSHA 301 Incident Reports or equivalent forms for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within seven (7) calendar days but with the following personally identifying information deleted:

1. Name;

2. Address;

3. Date of birth;

4. Date of hire;

5. Gender;

6. Name of physician;

7. Location where treatment was provided;

8. Whether the employee was treated in an emergency room; and

9. Whether the employee was hospitalized overnight as an in-patient.

(F) May I charge for the copies?

No. You may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.

(c) With the exception of provisions to protect the privacy of employees in subsections (b)(2)(D) and (b)(2)(E) of this section and in subsections (b)(6) through (b)(10) in Section 14300.29, nothing in this section shall be deemed to preclude employees and employee representatives from collectively bargaining to obtain access to information relating to occupational injuries and illnesses in addition to the information made available under this section.

Note: Authority cited: Sections 150(b) and 6410, Labor Code. Reference: Section 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

2. Amendment of subsections (a)(1)-(2), (b)(1)(A), (b)(2)(C) and (b)(2)(E)1. filed 11-1-2018 as an emergency; operative 11-1-2018 (Register 2018, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-30-2019 or emergency language will be repealed by operation of law on the following day.

3. Amendment of subsections (a)(1)-(2), (b)(1)(A), (b)(2)(C) and (b)(2)(E)1. refiled 4-25-2019 as an emergency; operative 5-1-2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-30-2019 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsections (a)(1)-(2), (b)(1)(A), (b)(2)(C) and (b)(2)(E)1. refiled 7-29-2019 as an emergency; operative 7-31-2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-29-2019 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 7-29-2019 order, including amendment of Note, transmitted to OAL 10-29-2019 and filed 12-11-2019 (Register 2019, No. 50).

Section 14300.36§Sections Prohibition Against Discrimination.

Section 11(c) of the Act and Sections 6310 and 6311 of the Labor Code prohibit you from discriminating against an employee for reporting a work-related fatality, injury, or illness. These provisions of the Labor Code also protect the employee who files a safety and health complaint, asks for access to records required by this article, or otherwise exercises any rights afforded by the Act or Sections 6310 and 6311 of the Labor Code.

Note: Authority cited: Sections 50.7 and 6410, Labor Code. Reference: Sections 50.7, 98.7, 6310, 6311 and 6410, Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

Section 14300.38§Sections Variances from the Recordkeeping Rule.

(a) Basic requirement for private employers. If you are a private employer and wish to keep records in a different manner from the manner prescribed by the provisions of this article, you may submit a variance petition to the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary), U. S. Department of Labor, Washington, DC 20210. You can obtain a variance only if you can show that your alternative recordkeeping system: