DIVISION 5. SAFETY IN EMPLOYMENT [6300. - 9254.]
Division 5 enacted by Stats. 1937, Ch. 90.
§§ 6300–9254 · 613 sections
PART 1. OCCUPATIONAL SAFETY AND HEALTH §§ 6300–6725 · 248 sections
CHAPTER 1. Jurisdiction and Duties §§ 6300–6332 · 56 sections
- § 6300 The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all…
- § 6301 The definitions set forth in this chapter shall govern the construction and interpretation of this part.
- § 6302 As used in this division: (a) “Director” means the Director of Industrial Relations. (b) “Department” means the Department of Industrial Relations. (c)…
- § 6303 (a) “Place of employment” means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety…
- § 6303.5 Nothing in this division shall be construed to limit the jurisdiction of the state over any employmment or place of employment by reason of the exercise of…
- § 6304 “Employer” shall have the same meaning as in Section 3300.
- § 6304.1 (a) “Employee” means 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…
- § 6304.2 Notwithstanding Section 6413, and except as provided in Sections 6304. 3 and 6304.4, any state prisoner engaged in correctional industry, as defined by the…
- § 6304.3 (a) A Correctional Industry Safety Committee shall be established in accordance with Department of Corrections administrative procedures at each facility…
- § 6304.4 A prisoner engaged in correctional industry, as defined by the Department of Corrections, shall not be considered an employee for purposes of the provisions…
- § 6304.5 It is the intent of the Legislature that the provisions of this division, and the occupational safety and health standards and orders promulgated under this…
- § 6305 (a) “Occupational safety and health standards and orders” means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with…
- § 6305.1 (a) (1) The Chief of the Division of Occupational Safety and Health, or a representative of the chief, shall convene an advisory committee for the purposes of…
- § 6306 (a) “Safe,” “safety,” and “health” as applied to an employment or a place of employment mean such freedom from danger to the life, safety, or health of…
- § 6307 The division has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary adequately to enforce…
- § 6307.1 The State Department of Health Services shall assist the division in the enforcement of Section 25910 of the Health and Safety Code in the manner prescribed by…
- § 6308 The division, in enforcing occupational safety and health standards and orders and special orders may do any of the following: (a) Declare and prescribe what…
- § 6308.5 Hearings conducted by the division pursuant to this part shall give any affected employer or other affected person the opportunity to submit facts or…
- § 6309 (a) If the division learns or has reason to believe that an employment or place of employment is not safe or is injurious to the welfare of an employee, it…
- § 6310 (a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: (1) Made any oral or…
- § 6311 No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety…
- § 6311.5 (a) (1) Except as noted in paragraph (2), a person who, after receiving notice to evacuate or leave, willfully and knowingly directs an employee to remain in,…
- § 6312 Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311 may file a…
- § 6313 (a) The division shall investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury or illness,…
- § 6313.5 The division, after consultation with the Contractors’ State License Board, shall transmit to the Contractors’ State License Board copies of any citations or…
- § 6314 (a) To make an investigation or inspection, the chief of the division and all qualified divisional inspectors and investigators authorized by him or her shall,…
- § 6314.1 (a) The division shall establish a program for targeting employers in high hazardous industries with the highest incidence of preventable occupational injuries…
- § 6314.5 (a) Every inspection conducted by the division shall include an evaluation of the employer’s injury prevention program established pursuant to Section 6401.7.…
- § 6315 (a) There is within the division a Bureau of Investigations. The bureau is responsible for directing accident investigations involving violations of standards,…
- § 6315.3 The bureau shall, not later than February 15, annually submit to the division for submission to the director a report on the activities of the bureau,…
- § 6315.5 All occupational safety and health standards and orders, rules, regulations, findings, and decisions of the division made and entered pursuant to this part are…
- § 6316 Except as limited by Chapter 6 (commencing with Section 140) of Division 1, nothing in this part shall deprive the governing body of any county, city, or…
- § 6317 (a) If, upon inspection or investigation, the division believes that an employer has violated Section 25910 of the Health and Safety Code, any standard, rule,…
- § 6317.5 (a) If, upon inspection or investigation, the division finds that an employer has falsified any materials posted in the workplace or distributed to employees…
- § 6317.7 If, upon inspection or investigation, the division finds no violations pursuant to this chapter, the division with reasonable promptness shall issue a written…
- § 6317.8 (a) Notwithstanding any other law, if, upon inspection or investigation, the division believes that an employer has willfully and egregiously violated an…
- § 6317.9 In the investigation of the policies and practices of an employer or a related employer entity, the division may issue a subpoena if the employer or the…
- § 6318 (a) Each citation issued under Section 6317, and each special order or action ordered pursuant to Section 6308, or a copy or copies thereof, shall be…
- § 6319 (a) If, after an inspection or investigation, the division issues a citation pursuant to Section 6317 or an order pursuant to Section 6308, it shall, within a…
- § 6319.3 (a) Except as provided in subdivision (b) of this section and subdivision (j) of Section 6401.7, no civil penalty shall be assessed against any new employer in…
- § 6319.5 Upon a showing by an employer of a good-faith effort to comply with the abatement requirement of a citation, and that abatement has not been completed because…
- § 6320 (a) If, after inspection or investigation, the division issues a special order, order to take special action, or a citation for a serious violation, and if at…
- § 6321 No person or employer shall be given advance warning of an inspection or investigation by any authorized representative of the division unless authorized under…
- § 6322 All information reported to or otherwise obtained by the chief or representatives of the chief in connection with any inspection or proceeding of the division…
- § 6323 If the division has grounds to issue a citation pursuant to Section 6317, or if the condition of any employment or place of employment or the operation of any…
- § 6324 The application to the superior court accompanied by affidavit showing that the division has grounds to issue a citation pursuant to Section 6317 or a place of…
- § 6325 (a) When, in the opinion of the division, a place of employment, machine, device, apparatus, or equipment or any part thereof is in a dangerous condition, is…
- § 6325.5 If the division has reasonable cause to believe that any workplace contains friable asbestos, and if there appears to be inadequate protection for employees at…
- § 6326 Every person who, after such notice is attached as provided in Section 6325, enters any such place of employment, or uses or operates any such place of…
- § 6327 Once an authorized representative of the division has prohibited entry in or use of a place of employment, machine, device, apparatus, or equipment, as…
- § 6327.5 If the division arbitrarily or capriciously fails to take action to prevent or prohibit any conditions or practices in any employment or place of employment…
- § 6328 The division shall prepare a notice containing pertinent information regarding safety rules and regulations. The notice shall contain the address and telephone…
- § 6329 All money collected for violation of standards, orders, or special orders of, or for fees paid pursuant to this division shall be paid into the state treasury…
- § 6330 The director shall prepare and submit to the Legislature, not later than March 1, an annual report on the division activities. The report shall include, but…
- § 6331 The division shall enter into a contract for the development and execution of tests to define safety standards for the use of positive pressure, closed…
- § 6332 (a) For purposes of this section, the following terms have the following meanings: (1) “Community health care worker” means an individual who provides health…
CHAPTER 2. Education and Research §§ 6350–6359 · 11 sections
- § 6350 The division shall maintain an education and research program for the purpose of providing in-service training of division personnel, safety education for…
- § 6351 The division shall be responsible for preparation and distribution of information concerning occupational safety and health programs, methods, techniques or…
- § 6352 The division shall provide safety training programs, upon request, for employees and employers. Priority for the development of safety training programs shall…
- § 6353 The division shall conduct continuing research into methods, means, operations, techniques, processes and practices necessary for improvement of occupational…
- § 6354 The division shall, upon request, provide a full range of occupational safety and health consulting services to any employer or employee group. These…
- § 6354.5 (a) Any insurer desiring to write workers’ compensation insurance shall maintain or provide occupational safety and health loss control consultation services.…
- § 6354.7 (a) The Workers’ Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be…
- § 6355 If the employer requests or accepts consulting services offered pursuant to Section 6354, the division in providing such services at the employer’s employment…
- § 6356 (a) There is hereby created, in the General Fund, the Worker Safety Bilingual Investigative Support, Enforcement, and Training Account. The moneys in the…
- § 6357 On or before January 1, 1995, the Occupational Safety and Health Standards Board shall adopt standards for ergonomics in the workplace designed to minimize the…
- § 6359 (a) The Legislature finds and declares the following: (1) Every year 70 adolescents die from work injuries in the United States and 200,000 are injured, 70,000…
CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica §§ 6359.1–6359.5 · 6 sections
- § 6359.1 For purposes of this chapter, the following definitions apply: (a) “Artificial stone” means any reconstituted, artificial, synthetic, composite, engineered, or…
- § 6359.1.5 (a) A person or entity engaged in high-exposure trigger tasks shall not use dry methods when engaging in any high-exposure trigger tasks. (b) A person or…
- § 6359.2 (a) The owner or operator of a fabrication shop, or any individual who will employ another individual to perform high-exposure trigger tasks in a fabrication…
- § 6359.3 This part, or any related health and safety standard, does not prevent or limit an employer, contractor, or fabrication shop from adopting stricter safety…
- § 6359.4 (a) The State Department of Public Health shall consider a report of silicosis related to occupational exposure to artificial stone as a serious illness and…
- § 6359.5 The State Department of Public Health shall conduct all of the following activities to address silicosis risk exposure in fabrication shops: (a) Identify…
CHAPTER 2.5. Hazardous Substances Information and Training §§ 6360–6399.7 · 39 sections
ARTICLE 1. General Provisions §§ 6360–6363 · 4 sections
- § 6360 This chapter shall be known and may be cited as the Hazardous Substances Information and Training Act.
- § 6361 (a) The Legislature finds and declares the following: (1) Hazardous substances in the workplace in some forms and concentrations pose potential acute and…
- § 6362 The rights and duties set forth in this chapter apply to all employers who use hazardous substances in this state, to any person who sells a hazardous…
- § 6363 Nothing in this chapter shall be construed to require a manufacturer or employer to conduct studies to develop new information.
ARTICLE 2. Definitions §§ 6365–6374 · 9 sections
- § 6365 Unless the context otherwise requires, the definitions in this article and the provisions of Article 1 shall govern the construction of provisions of this…
- § 6366 “CAS number” means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
- § 6367 “Chemical name” is the scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and…
- § 6368 “Common name” means any designation or identification such as code name, code number, trade name, or brand name used to identify a substance other than by its…
- § 6370 “Expose” or “exposure” means any situation arising from work operation where an employee may ingest, inhale, absorb through the skin or eyes, or otherwise come…
- § 6371 “Impurity” means a hazardous substance which is unintentionally present with another substance or mixture.
- § 6372 “Manufacturer” means a person who produces, synthesizes, extracts, or otherwise makes a hazardous substance.
- § 6373 “Mixture” means any solution or intimate admixture of two or more substances, at least one of which is present as a hazardous substance, as designated pursuant…
- § 6374 “MSDS” means a material safety data sheet prepared pursuant to Section 6390. A label in 8-point or larger type, prepared pursuant to Section 6390, shall…
ARTICLE 3. Hazardous Substances §§ 6380–6386 · 8 sections
- § 6380 For the purposes of this chapter, the director, pursuant to Section 6382, shall establish a list of hazardous substances and shall make the list available to…
- § 6380.5 (a) Prior to the director’s adoption of the list of hazardous substances, the director shall submit the list to the Occupational Safety and Health Standards…
- § 6381 Substances not present on the list of hazardous substances adopted pursuant to Section 6380 shall not be subject to the provisions of this chapter. However,…
- § 6382 The director shall prepare and amend the list of hazardous substances according to the following procedure: (a) Any substance designated in any of the…
- § 6383 (a) For the purposes of this chapter, a hazardous substance is present in any mixture or product if it is present in any of the following concentrations: (1)…
- § 6384 This chapter does not apply to impurities which develop as intermediate materials during chemical processing but are not present in the final product, and to…
- § 6385 The provisions of this chapter do not apply to hazardous substances contained in either of the following: (a) Products intended for personal consumption by…
- § 6386 (a) A laboratory in which a hazardous substance is used by or under the direct supervision of a technically qualified individual is not an employer or…
ARTICLE 4. Duties §§ 6390–6399.2 · 15 sections
- § 6390 The manufacturer of any hazardous substance listed pursuant to the provisions of Section 6380 shall prepare and provide its direct purchasers of the hazardous…
- § 6390.2 (a) An entity that manufactures or imports a hazardous substance or mixture of substances that constitutes a cosmetic, as defined in Section 109900 of the…
- § 6390.5 The manufacturer, importer, and distributor of any hazardous substance, and the employer, shall label each container of a hazardous substance in a manner…
- § 6391 The information which manufacturers shall provide to their purchasers pursuant to the provisions of Section 6390 shall include the following, if pertinent: (a)…
- § 6392 Provision of a federal Material Safety Data Sheet or equivalent shall constitute prima facie proof of compliance with Section 6390.
- § 6393 The manufacturer shall be relieved of the obligation to provide a specific purchaser of a hazardous substance with an MSDS pursuant to Section 6390 if the…
- § 6394 The preparer of an MSDS shall provide the department with a copy of the MSDS on each hazardous substance it manufactures. The preparer may transmit the MSDS to…
- § 6395 (a) The manufacturer may provide the information required by Section 6390 on an entire product mixture, instead of on each hazardous substance in it, when all…
- § 6396 (a) The Director of Industrial Relations shall protect from disclosure any and all trade secrets coming into the director’s possession, as defined in…
- § 6397 (a) Any person other than a manufacturer who sells a mixture or any hazardous substance shall provide its direct purchasers of the mixture or hazardous…
- § 6398 The Occupational Safety and Health Standards Board shall adopt a standard setting forth an employer’s duties toward its employees under this chapter, on or…
- § 6398.5 An employer that is required to maintain safety data sheets and ensure that those safety data sheets are readily accessible in accordance with this chapter and…
- § 6399 Upon request, the manufacturer of a hazardous substance or the producer of a mixture who has produced a mixture MSDS pursuant to the provisions of subdivision…
- § 6399.1 Compliance with regulations of the Director of Food and Agriculture issued pursuant to Section 12981 of the Food and Agricultural Code shall be deemed…
- § 6399.2 This article shall become operative 180 days after adoption of the initial list of hazardous substances pursuant to Article 3 (commencing with Section 6380).
ARTICLE 5. Liability and Remedies §§ 6399.5–6399.7 · 3 sections
- § 6399.5 The provisions of this chapter regarding manufacturers, employers, and persons subject to the provisions of Section 6397, shall be enforced pursuant to the…
- § 6399.6 The provision of information to an employee pursuant to the provisions of this chapter shall not in any way affect any other liability of an employer with…
- § 6399.7 No person shall discharge or in any manner discriminate against, any employee because such employee has filed any complaint or has instituted, or caused to be…
CHAPTER 3. Responsibilities and Duties of Employers and Employees §§ 6400–6413.5 · 31 sections
- § 6400 (a) Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein. (b) On multiemployer worksites,…
- § 6401 Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are…
- § 6401.5 No salvage of materials shall be permitted while demolition is in progress on any building, structure, falsework, or scaffold more than three stories high or…
- § 6401.7 (a) Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in…
- § 6401.8 (a) The standards board, no later than July 1, 2016, shall adopt standards developed by the division that require a hospital licensed pursuant to subdivision…
- § 6401.9 (a) For purposes of this section, the following definitions apply: (1) “Emergency” means unanticipated circumstances that can be life threatening or pose a…
- § 6402 No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful.
- § 6403 No employer shall fail or neglect to do any of the following: (a) To provide and use safety devices and safeguards reasonably adequate to render the employment…
- § 6403.1 (a) The Legislature hereby finds that having access to a health care employer-level inventory of personal protective equipment in the event of a pandemic or…
- § 6403.3 (a) For purposes of this section: (1) “Employer” means a person or organization that employs workers in the public or private sector to provide direct patient…
- § 6403.5 (a) As part of the injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations, or any successor law or…
- § 6404 No employer shall occupy or maintain any place of employment that is not safe and healthful.
- § 6404.5 (a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the…
- § 6405 No employer, owner, or lessee of any real property shall construct or cause to be constructed any place of employment that is not safe and healthful.
- § 6406 No person shall do any of the following: (a) Remove, displace, damage, destroy or carry off any safety device, safeguard, notice, or warning, furnished for use…
- § 6407 Every employer and every employee shall comply with occupational safety and health standards, with Section 25910 of the Health and Safety Code, and with all…
- § 6408 All employers shall provide information to employees in the following ways, as prescribed by authorized regulations: (a) Posting of information regarding…
- § 6409 (a) Every physician as defined in Section 3209.3 who attends any injured employee shall file a complete report of that occupational injury or occupational…
- § 6409.1 (a) Every employer shall file a complete report of every occupational injury or occupational illness, as defined in subdivision (b) of Section 6409, of each…
- § 6409.2 Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or…
- § 6409.3 In no case shall the treatment administered for pesticide poisoning or a condition suspected as pesticide poisoning be deemed to be first aid treatment.
- § 6409.5 (a) Whenever any local public fire agency has knowledge that a place of employment where garment manufacturing operations take place contains fire or safety…
- § 6410 (a) The reports required by subdivision (a) of Section 6409 and Section 6413 shall be made in the form and detail and within the time limits prescribed by…
- § 6410.1 It is the intent of the Legislature that the division maintain strong workplace injury and illness reporting standards.
- § 6410.2 (a) The division shall monitor rulemaking and implementation of the United States Department of Labor’s Occupational Safety and Health Administration’s Improve…
- § 6410.5 The reports required by subdivision (a) of Section 6409, subdivision (a) of Section 6409.1, and Section 6413 shall contain, prominently stated, the statement…
- § 6411 Every employer or insurer receiving forms with directions from the Department of Industrial Relations to complete them shall cause them to be properly filled…
- § 6412 No report of injury or illness required by subdivision (a) of Section 6409.1 shall be open to public inspection or made public, nor shall those reports be…
- § 6413 (a) The Department of Corrections and Rehabilitation, and every physician or surgeon who attends any injured state prisoner, shall file with the Division of…
- § 6413.2 (a) With regard to any report required by Section 6413, the Division of Occupational Safety and Health may make recommendations to the Department of…
- § 6413.5 Any employer or physician who fails to comply with any provision of subdivision (a) of Section 6409, or Section 6409.1, 6409.2, 6409.3, or 6410 may be assessed…
CHAPTER 4. Penalties §§ 6423–6436 · 15 sections
- § 6423 (a) Except where another penalty is specifically provided, every employer and every officer, management official, or supervisor having direction, management,…
- § 6425 (a) Any employer and any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee, who…
- § 6426 Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to…
- § 6427 (a) Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and the…
- § 6428 Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, if that…
- § 6428.5 An employer’s injury prevention program shall be deemed to be operative for the purposes of Sections 6427 and 6428 if it meets the criteria for substantial…
- § 6429 (a) (1) Any employer who willfully or repeatedly violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health…
- § 6430 (a) Any employer who fails to correct a violation of any occupational safety or health standard, order, or special order, or Section 25910 of the Health and…
- § 6431 (a) Any employer who violates any of the posting or recordkeeping requirements as prescribed by regulations adopted pursuant to Sections 6408 and 6410, or who…
- § 6432 (a) There shall be a rebuttable presumption that a “serious violation” exists in a place of employment if the division demonstrates that there is a realistic…
- § 6433 The civil penalties set forth in Sections 6427 to 6431, inclusive, shall not be considered as other penalties specifically provided within the meaning of…
- § 6434 (a) Any civil or administrative penalty assessed pursuant to this chapter against a school district, county board of education, county superintendent of…
- § 6434.5 (a) Any civil or administrative penalty assessed pursuant to this chapter against a public police or city, county, or special district fire department or the…
- § 6435 (a) Any employer who violates any of the requirements of Chapter 6 (commencing with Section 6500) of this part shall be assessed a civil penalty under the…
- § 6436 The criminal complaint regarding a violation of Section 6505.5 may be brought by the Attorney General or by the district attorney or prosecuting attorney of…
CHAPTER 5. Temporary Variances §§ 6450–6457 · 7 sections
- § 6450 (a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. Such temporary order shall…
- § 6451 An application for a temporary order under Section 6450 shall contain all of the following: (a) A specification of the standard or portion thereof from which…
- § 6452 The division is authorized to grant a temporary variance from any standard or portion thereof whenever it determines such variance is necessary to permit an…
- § 6454 The division may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, make such rules and…
- § 6455 Any employer or other person adversely affected by the granting or denial of a temporary variance may appeal to the standards board within 15 working days from…
- § 6456 A decision of the standards board on a variance appeal is binding on the director and the division with respect to the parties involved in the particular…
- § 6457 The standards board shall conduct hearings and render decisions on appeals of decisions of the division relating to allowance or denial of temporary variances.…
CHAPTER 6. Permit Requirements §§ 6500–6510 · 19 sections
- § 6500 (a) For those employments or places of employment that by their nature involve a substantial risk of injury, the division shall require the issuance of a…
- § 6501 Any employer subject to Section 6500 shall apply to the division for a permit pursuant to Section 6500. Such application for a permit shall contain such…
- § 6501.5 Effective January 1, 1987, any employer or contractor who engages in asbestos-related work, as defined in Section 6501.8, and which involves 100 square feet or…
- § 6501.7 “Asbestos” means fibrous forms of various hydrated minerals, including chrysotile (fibrous serpentine), crocidolite (fibrous riebecktite), amosite (fibrous…
- § 6501.8 (a) For purposes of this chapter, “asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release…
- § 6501.9 The owner of a commercial or industrial building or structure, employer, or contractor who engages in, or contracts for, asbestos-related work shall make a…
- § 6502 The division may issue a permit based on a determination the employer has demonstrated evidence that the conditions, practices, means, methods, operations or…
- § 6503 A safety conference shall include representatives of the owner or contracting agency, the contractor, the employer, employees and employee representatives. The…
- § 6503.5 A safety conference shall be held for all asbestos handling jobs prior to the start of actual work. It shall include representatives of the owner or…
- § 6504 Any employer issued a permit pursuant to this chapter shall post a copy or copies of the permit pursuant to subdivision (a) of Section 6408.
- § 6505 The division may at any time, upon good cause being shown therefor, and after notice and an opportunity to be heard revoke any permit issued pursuant to this…
- § 6505.5 (a) The division may, upon good cause shown, and after notice to the employer or contractor by the division and an opportunity to be heard, revoke or suspend…
- § 6506 (a) Any employer denied a permit upon application, or whose permit is revoked, may appeal such denial or revocation to the director. (b) The filing of an…
- § 6507 The division shall set fees to be charged for permits and registrations in amounts reasonably necessary to cover the costs involved in administering the…
- § 6508 No permit shall be required of the State of California, a city, city and county, county, district, or public utility subject to the jurisdiction of the Public…
- § 6508.5 No entity shall be exempt from registration. The State of California, a city, city and county, county, district, or public utility subject to the jurisdiction…
- § 6509 Any person, or agent or officer thereof, who violates this chapter is guilty of a misdemeanor.
- § 6509.5 (a) If an asbestos consultant has made an inspection for the purpose of determining the presence of asbestos or the need for related remedial action with…
- § 6510 (a) If, after inspection or investigation, the division finds that an employer, without a valid permit, is engaging in activity for which a permit is required,…
CHAPTER 7. Appeal Proceedings §§ 6600–6633 · 36 sections
- § 6600 Any employer served with a citation or notice pursuant to Section 6317, or a notice of proposed penalty under this part, or any other person obligated to the…
- § 6600.5 Any employer served with a special order or any action order by the division pursuant to Section 6308, or any other person obligated to the employer as…
- § 6601 If within 15 working days from receipt of the citation or notice of civil penalty issued by the division, the employer fails to notify the appeals board that…
- § 6601.5 If, within 15 working days from receipt of a special order, or action order by the division, the employer fails to notify the appeals board that he or she…
- § 6602 If an employer notifies the appeals board that they intend to contest a citation issued under Section 6317, or notice of proposed penalty issued under Section…
- § 6603 (a) The rules of practice and procedure adopted by the appeals board shall be consistent with Article 8 (commencing with Section 11435.05) of Chapter 4.5 of…
- § 6604 The appeals board may, in accordance with rules of practice and procedure which it shall adopt, direct and order a hearing officer: (a) To try the issues in…
- § 6605 The appeals board may appoint one or more hearing officers in any proceeding, as it may deem necessary or advisable, and may defer, remove to itself, or…
- § 6606 Any party to the proceeding may object to the reference of the proceeding to a particular hearing officer upon any one or more of the grounds specified in…
- § 6607 Before entering upon his duties, the hearing officer shall be sworn, before an officer authorized to administer oaths, faithfully and fairly to hear and…
- § 6608 The appeals board or a hearing officer shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the appeal and file…
- § 6609 Within 30 days after the filing of the findings, decision, or order, the appeals board may confirm, adopt, modify or set aside the findings, order, or decision…
- § 6610 Any notice, order, or decision required by this part to be served upon any person either before, during, or after the institution of any proceeding before the…
- § 6611 (a) If the employer fails to appear, the appeals board may dismiss the appeal or may take action upon the employer’s express admissions or upon other evidence,…
- § 6612 No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, or finding made and filed as specified in this…
- § 6613 The appeals board, a hearing officer, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board, cause the…
- § 6614 (a) At any time within 30 days after the service of any final order or decision made and filed by the appeals board or a hearing officer, any party aggrieved…
- § 6615 No cause of action arising out of any final order or decision made and filed by the appeals board or a hearing officer shall accrue in any court to any person…
- § 6616 The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order or decision…
- § 6617 The petition for reconsideration may be based upon one or more of the following grounds and no other: (a) That by such order or decision made and filed by the…
- § 6618 The petitioner for reconsideration shall be deemed to have finally waived all objections, irregularities, and illegalities concerning the matter upon which the…
- § 6619 A copy of the petition for reconsideration shall be served forthwith upon all parties by the person petitioning for reconsideration. Any party may file an…
- § 6620 Upon the filing of a petition for reconsideration, or having granted reconsideration upon its own motion, the appeals board may, with or without further…
- § 6621 If at the time of granting reconsideration, it appears to the satisfaction of the appeals board that no sufficient reason exists for taking further testimony,…
- § 6622 After the taking of additional evidence and a consideration of all of the facts the appeals board may affirm, rescind, alter, or amend the original order or…
- § 6623 Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings,…
- § 6624 A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 45 days from the date of filing. The appeals…
- § 6625 (a) (1) Except as provided in subdivision (b), the filing of a petition for reconsideration suspends for a period of 10 days the order or decision affected,…
- § 6626 Nothing contained in this chapter shall be construed to prevent the appeals board, on petition of an aggrieved party or on its own motion, from granting…
- § 6627 Any person affected by an order or decision of the appeals board may, within the time limit specified in this section, apply to the superior court of the…
- § 6628 The writ of mandate shall be made returnable at a time and place then or thereafter specified by court order and shall direct the appeals board to certify its…
- § 6629 The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the appeals board, whether:…
- § 6630 The findings and conclusions of the appeals board on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall…
- § 6631 The provisions of the Code of Civil Procedure relating to writs of mandate shall, so far as applicable, apply to proceedings in the courts under the provisions…
- § 6632 No court of this state, except the Supreme Court, the courts of appeal, and the superior court to the extent herein specified, has jurisdiction to review,…
- § 6633 The filing of a petition for, or the pendency of, a writ of mandate shall not of itself stay or suspend the operation of any order, rule or decision of the…
CHAPTER 8. Enforcement of Civil Penalties §§ 6650–6652 · 3 sections
- § 6650 (a) After the expiration of the period during which a penalty may be appealed, no appeal having been filed, the department may file with the clerk of the…
- § 6651 (a) Notwithstanding Section 340 of the Code of Civil Procedure, an action to collect any civil penalty, fee, or penalty fee under this division shall be…
- § 6652 The division shall provide the Contractors’ State License Board with a certified copy of every notice of civil penalty deemed to be a final order pursuant to…
CHAPTER 9. Miscellaneous Safety Provisions §§ 6700–6725 · 25 sections
- § 6700 (a) Any employer who causes or allows the use of any flammable or combustible material for the installation acceptance pressure test of any gas houseline or…
- § 6701 It shall be the duty of the standards board to determine by the maximum allowable standards of emissions of contaminants from portable and from mobile internal…
- § 6702 All portable and all mobile internal combustion engines that are used inside factories, manufacturing plants, warehouses, buildings and other enclosed…
- § 6703 Sections 6701 and 6702 shall apply to all portable and all mobile internal combustion engines used inside factories, manufacturing plants, warehouses,…
- § 6704 All crawler and wheel cranes with cable-controlled booms and with rated lifting capacity of more than 10 tons sold or operated in this state shall be equipped…
- § 6705 No contract for public works involving an estimated expenditure in excess of twenty-five thousand dollars ($25,000), for the excavation of any trench or…
- § 6705.5 Regulations of the department requiring the shoring, bracing, or sloping of excavations, or which contain similar requirements for excavations, shall only…
- § 6706 For the purposes of subdivision (a) of Section 6500, only one permit shall be required for a project involving several trenches or excavations. The provisions…
- § 6707 Whenever the state, a county, city and county, or city issues a call for bids for the construction of a pipeline, sewer, sewage disposal system, boring and…
- § 6708 Every contractor on a construction project, including but not limited to any public works, shall maintain adequate emergency first aid treatment for his…
- § 6709 (a) The Legislature finds and declares that Valley Fever is caused by a microscopic fungus known as Coccidioides immitis, which lives in the top 2 to 12 inches…
- § 6710 (a) At every place of employment where explosives are used in the course of employment, there shall be a person licensed pursuant to the provisions of Chapter…
- § 6711 (a) The division shall develop and administer an oral and written examination for persons using explosives, as defined in Section 6710, while engaged in snow…
- § 6712 (a) The standards board shall, no later than December 1, 1991, adopt an occupational safety and health standard for field sanitation. The standard shall comply…
- § 6716 For the purposes of this division, “lead-related construction work” means any of the following: (a) Any construction, alteration, painting, demolition,…
- § 6717 (a) On or before February 1, 1994, the division shall propose to the standards board for its review and adoption, a standard that protects the health and…
- § 6717.2 Notwithstanding any other provision in law or regulation, the work performed under any construction contract, including subcontracts thereof, on the Golden…
- § 6717.5 The division shall submit to the board a rulemaking proposal to revise the lead standards of the general industry safety orders, found at Section 5198 of Title…
- § 6718 Notwithstanding any other provision of law, any test procedures adopted by a state agency to determine compliance with vapor emission standards, by vapor…
- § 6719 The Legislature reaffirms its concern over the prevalence of repetitive motion injuries in the workplace and reaffirms the Occupational Safety and Health…
- § 6720 By January 1, 2019, the division shall propose to the standards board for the board’s review and adoption a standard that minimizes heat-related illness and…
- § 6721 (a) The heat illness prevention standards set forth in Section 3395 of Title 8 of the California Code of Regulations shall be known, and may be cited, as the…
- § 6722 (a) (1) The standards board, before December 1, 2025, shall draft a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of…
- § 6723 (a) The division, before December 1, 2027, shall submit a draft rulemaking proposal to revise Sections 1512 and 3400 of Title 8 of the California Code of…
- § 6725 (a) For purposes of this section, the following terms have the following meanings: (1) The term “agricultural employee” means a person employed in any of the…
PART 2. SAFEGUARDS ON RAILROADS §§ 6800–7000 · 24 sections
CHAPTER 1. Jurisdiction §§ 6800–6802 · 3 sections
- § 6800 The division has jurisdiction over: (a) The safety and health of railroad employees employed in offices and in shops devoted to the construction, maintenance…
- § 6801 The jurisdiction vested in the division shall in no instance, except those affecting exclusively the safety of employees, impair, diminish, or in any way…
- § 6802 If the division makes or issues any order, decision, ruling or direction under this chapter which, in the judgment of the Public Utilities Commission, unduly…
CHAPTER 2. Operation Personnel §§ 6900–6910 · 13 sections
- § 6900 Notwithstanding Section 6800, the Public Utilities Commission shall enforce the provisions of this chapter.
- § 6900.1 This Act shall be known and cited as the Railroad Anti-Featherbedding Law of 1964.
- § 6900.5 It is the policy of the people of the State of California that featherbedding practices in the railroad industry should be eliminated and that national…
- § 6901 (a) No common carrier operating more than four trains each way per day of 24 hours on any main track or branch line of railroad within this state, or on any…
- § 6902 (a) For purposes of this section, “revenue service” means passenger train service during which passengers are carried or are scheduled to be carried. (b) For…
- § 6903 (a) Effective February 1, 2016, a train or light engine used in connection with the movement of freight shall not be operated unless it has a crew consisting…
- § 6904 Nothing in this chapter shall apply to a locomotive or locomotives without cars, except that each locomotive shall have one engineer and one fireman when being…
- § 6905 This chapter shall not apply to any relief or wrecking train in any case where a number of employees sufficient to comply with this chapter is not available…
- § 6906 No common carrier shall employ any person as: (a) A locomotive engineer who has not had at least three years’ actual service as a locomotive fireman or one…
- § 6907 Nothing in this chapter shall apply to the running or operating of locomotives or motor power cars to and from trains at terminals by hostlers or of steam…
- § 6908 Any violation of this chapter is a misdemeanor.
- § 6909 Nothing in this chapter shall apply to the operation of any train by a common carrier during times of strikes or walkouts, participated in by any of the…
- § 6910 Nothing in this chapter shall apply to gasoline motor cars operated exclusively on branch lines or to trains of less than three cars propelled by electricity.
CHAPTER 3. Safety Devices §§ 6950–6956 · 7 sections
- § 6950 On any railroad train where the engine is accompanied by a tender of the Vanderbilt or similar type of construction and where the clearance between the…
- § 6951 Any railroad company operating a line in whole or in part within this state, or any receiver of any railroad, that fails to comply with any provision of…
- § 6952 Every railroad company operating engines within any part of this state shall provide each engine cab with a substantial and safe handrail along the top on each…
- § 6953 Any electric car operated in interurban service and any electric locomotive shall be equipped exclusively with laminated safety glass in the compartment of the…
- § 6954 On and after the first day of September, 1946, it shall be unlawful to operate any electric car in interurban service or any electric locomotive which is not…
- § 6955 Laminated safety glass is glass so treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the…
- § 6956 Any common carrier violating Sections 6953 or 6954 is guilty of a misdemeanor for each violation, punishable by a fine of not less than two hundred dollars…
CHAPTER 4. Trains § 7000 · 1 section
- § 7000 As used in this section “caboose” means a caboose forming a part of a train and occupied by employees or caretakers, or both. If conditions warrant it for the…
PART 3. SAFETY ON BUILDINGS §§ 7100–7384 · 130 sections
CHAPTER 1. Buildings Under Construction or Repair §§ 7100–7267 · 44 sections
ARTICLE 1. Floors and Walls §§ 7100–7110 · 11 sections
- § 7100 As used in this article, “building” means any multifloor building, other than structural steel framed building, more than two stories high in the course of…
- § 7101 Every building shall have the joists, beams, or girders of floors below the floor or level where any work is being done, or about to be done, covered with…
- § 7102 Every building which is of reinforced concrete construction, with reinforced concrete floors, shall have the floor filled in, either with forms or concrete, on…
- § 7103 Every building having wooden floors other than a steel frame building shall have the underflooring, if double flooring is to be used, laid on each floor within…
- § 7104 If a span of a floor on a building exceeds 13 feet, an intermediate beam shall be used to support the temporary flooring, but spans not to exceed 16 feet may…
- § 7105 If building operations are suspended and the temporary flooring required by this article is removed, the building shall be replanked upon the resumption of…
- § 7106 Where a building is being constructed in sections each section constitutes a building for the purpose of this article.
- § 7107 Planked floors on buildings shall be tightly laid together of proper thickness, grade and span to carry the working load; such working load to be assumed as at…
- § 7108 Safety belts and nets shall be required in accordance with Article 24 (commencing with Section 1669) of subchapter 4 of Chapter 4 of Part 1 of Title 8 of the…
- § 7109 No person shall proceed with any work assigned to or undertaken by him, or require or permit any other person to proceed with work assigned to or undertaken by…
- § 7110 The Division of Occupational Safety and Health shall enforce this article.
ARTICLE 2. Scaffolding §§ 7150–7158 · 9 sections
- § 7150 As used in this article, “scaffolding” includes scaffolding and staging.
- § 7151 If the working platform of any scaffolding swung or suspended from an overhead support is more than 10 feet above the ground, floor or area to which an…
- § 7152 In addition to the duties imposed by any law regulating or relating to scaffolding, an employer who uses or permits the use of scaffolding described in Section…
- § 7153 Platforms or floors of such scaffolding shall be not less than 14 inches in width and shall be free from knots or fractures impairing their strength.
- § 7154.1 The use of lean-to scaffolds, sometimes known as jack scaffolds, as support for scaffolds is hereby prohibited.
- § 7155 Violation of any provision of section 7151 to 7154 inclusive is a misdemeanor.
- § 7156 Any person employing or directing another to do or perform any labor in the construction, alteration, repairing, painting, or cleaning of any house, building,…
- § 7157 The division may make and enforce safety orders in the manner prescribed by law, to supplement and carry into effect the purposes and provisions of this…
- § 7158 The division shall enforce the provisions of this article.
ARTICLE 3. Construction Elevators §§ 7200–7205 · 6 sections
- § 7200 As used in this article: (a) “Construction elevator” includes any means used to hoist persons or material of any kind on a building under course of…
- § 7201 Every construction elevator used in buildings shall have a system of signals for the purpose of signaling the person operating or controlling the machinery…
- § 7202 The person in charge of a building shall appoint one or more persons to give such signals. Such person shall be selected from those most familiar with the work…
- § 7203 The board shall make, and may from time to time amend, general safety orders in the manner prescribed by law. Such orders shall specify and fix the nature and…
- § 7204 The division shall inspect all construction elevators. If any part of the construction or system of signals used on a construction elevator is defective or…
- § 7205 Any person, or the agent or officer thereof, who violates any provision of this article is guilty of a misdemeanor, punishable by a fine of not less than one…
ARTICLE 4. Structural Steel Framed Buildings §§ 7250–7267 · 18 sections
- § 7250 As used in this article “building” means any multifloor structural steel framed building more than two stories high in the course of construction.
- § 7251 As defined above, these provisions shall apply to buildings erected in tiers or stories and shall not apply to steel framed buildings having large open spans…
- § 7252 The derrick or working floor of every building shall be solidly decked over its entire surface except for access openings.
- § 7253 There shall be a tight and substantial temporary floor within two floors below and directly under that portion of each tier of beams on which erection,…
- § 7254 Temporary floors shall be wood planking of proper thickness, grade and span to carry the working load, but shall not be less than two inches thick, full size…
- § 7255 Provision shall be made to secure temporary flooring against displacement by strong winds or other forces.
- § 7256 Planks shall extend a minimum of 12 inches beyond centerline of their supports at each end.
- § 7257 Wire mesh or plywood (exterior grade) shall be used to cover openings adjacent to columns where planks do not fit tightly.
- § 7258 Metal decking where used in lieu of wood planking shall be of equivalent strength and shall be laid tightly and secured to prevent movement.
- § 7259 Floor planks that are temporarily removed for any reason whatsoever shall be replaced as soon as work requiring their removal is completed or the open area…
- § 7260 Prior to removal of temporary floor plank, employees shall be instructed by assigned supervision the steps to be taken to perform the work safely and in proper…
- § 7261 When gathering and stacking temporary floor plank on a lower floor, in preparation for transferring such plank for use on an upper working floor, the steel…
- § 7262 When gathering and stacking temporary floor planks from the last panel, the steel erector’s personnel assigned to such work shall be protected by safety belts…
- § 7263 The sequence of erection, bolting, temporary guying, riveting and welding shall be such as to maintain the stability of the structural frame at all times…
- § 7264 Where a building is being constructed in sections, each section constitutes a building as defined in Section 7250.
- § 7265 Safety belts and nets shall be required in accordance with Article 24 (commencing with Section 1669) of subchapter 4 of Chapter 4 of Part 1 of Title 8 of the…
- § 7266 No person shall proceed with any work assigned to or undertaken by him, or require or permit any other person to proceed with work assigned to or undertaken by…
- § 7267 The Division of Occupational Safety and Health shall enforce this article.
CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances §§ 7300–7324.2 · 43 sections
- § 7300 The Legislature finds and declares all of the following: (a) It is the purpose of this chapter to promote public safety awareness and to assure, to the extent…
- § 7300.1 As used in this chapter: (a) “ASCE 21” means the Automated People Mover Standards, as adopted by the American Society of Civil Engineers. (b) “ASME A17.1”…
- § 7300.2 Except as provided in Section 7300.3, this chapter covers the design, erection, construction, installation, material alteration, inspection, testing,…
- § 7300.3 Equipment not covered by this chapter includes the following: (a) Material hoists within the scope of standard A10.5 as adopted by the American National…
- § 7300.4 This chapter does not apply to work that is not related to standards for conveyances that are (a) incorporated in codes promulgated by the American National…
- § 7301 No conveyance shall be operated in this state unless a permit for its operation is issued by or in behalf of the division, and unless the permit remains in…
- § 7301.1 (a) On and after June 30, 2003, no conveyance may be erected, constructed, installed, or materially altered, as defined by regulation of the division, unless a…
- § 7301.5 (a) The standards board shall adopt regulations pertaining to conveyances, including, but not limited to, conveyance emergency and signal devices, and the…
- § 7302 The operation of a conveyance without a permit by any person owning or having the custody, management, or control of the operation of the conveyance, is a…
- § 7302.1 (a) Any person who contracts for or authorizes the erection, construction, installation, or material alteration of a conveyance without a permit in violation…
- § 7302.2 The division may assess a civil penalty of not more than seventy thousand dollars ($70,000) against any person, and against any employer or contractor, who…
- § 7303 (a) Whenever any conveyance is operated without a current valid permit issued pursuant to Section 7304, and is in a condition that its use is dangerous to the…
- § 7304 (a) Except as provided in subdivision (b), the division shall cause all conveyances to be inspected at least once each year. If a conveyance is found upon…
- § 7305 If inspection shows that a conveyance is in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the…
- § 7306 Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in…
- § 7307 (a) If it thereafter appears to the division that the conveyance is unsafe and that the requirements contained in the preliminary order should be complied…
- § 7308 If the operation of a conveyance during the making of repairs or alterations is not immediately dangerous to the safety of persons, the division may issue a…
- § 7309 The division may cause the inspection herein provided for to be made either by its safety inspectors or by any qualified elevator inspector employed by an…
- § 7309.1 (a) On and after June 30, 2003, no conveyance subject to this chapter shall be reinspected by any person unless the person is a conveyance inspector employed…
- § 7310 The division may also issue its permit or a permit may be issued on its behalf based upon a certificate of inspection issued by a conveyance inspector of any…
- § 7311 All persons inspecting conveyances shall first secure from the division a certificate of competency to make those inspections. The division may determine the…
- § 7311.1 (a) On and after June 30, 2003, no conveyance subject to this chapter shall be erected, constructed, installed, materially altered, tested, maintained,…
- § 7311.2 (a) On and after June 30, 2003, except as provided in subdivisions (b) and (c) of Section 7301.5, any person who, without supervision, erects, constructs,…
- § 7311.25 (a) The following meanings apply for purposes of this section: (1) “Agricultural production, processing, and handling facilities” includes grain elevators,…
- § 7311.3 (a) A certificate issued by the division to the certified qualified conveyance inspector, certified qualified conveyance company, or certified competent…
- § 7311.4 (a) The division shall establish fees for initial and renewal applications for certification under this chapter as a certified qualified conveyance inspector,…
- § 7311.5 (a) A person, firm, or corporation that maintains and repairs solely special purpose personnel elevators on cranes that utilize a rack and pinion system in…
- § 7312 The division may at any time, upon good cause being shown therefor, and after notice and an opportunity to be heard, revoke any permit to operate a conveyance.
- § 7313 Each conveyance inspector shall, within 21 days after he or she makes an inspection, forward to the division on forms provided by it, a report of the…
- § 7314 (a) The division shall, subject to subdivision (f), fix and collect fees for the inspection of conveyances as it determines to be necessary to cover the costs…
- § 7315 Fees shall be paid before the issuance of any permit to operate a conveyance, but a temporary permit may be issued pending receipt of fee payment. The division…
- § 7316 All fees collected by the division under this chapter shall be paid into the Elevator Safety Account which is hereby created for the administration of the…
- § 7317 (a) Except as provided in subdivision (b), the following conveyances are exempt from this chapter: (1) Conveyances under the jurisdiction of the United States…
- § 7318 Nothing in this chapter limits the authority of the division to prescribe or enforce general or special safety orders.
- § 7319 All elevators used for the carriage of passengers shall be provided with a suitable seat for the operator in charge. Failure to comply with this section is a…
- § 7320 The division may assess a civil penalty not to exceed one thousand dollars ($1,000) against any person owning or having custody, management, or control of the…
- § 7321 (a) The division may assess a civil penalty not to exceed seventy thousand dollars ($70,000) against any person owning or having custody, management, or…
- § 7321.5 The division shall enforce Sections 7320 and 7321 by issuance of a citation and notice of civil penalty in a manner consistent with Sections 6317 and 6319. Any…
- § 7322 (a) Once an authorized representative of the division has issued an order prohibiting the use of a conveyance as specified in Sections 7301, 7305, 7314, or…
- § 7323 The division shall propose to the standards board for review, and the standards board shall adopt, regulations for the equipment covered by this chapter. Not…
- § 7324 Individuals, firms, or companies certified as described in this chapter shall ensure that installation, service, and maintenance of conveyances are performed…
- § 7324.1 This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling,…
- § 7324.2 The provisions of this chapter added or amended by the act enacting this section shall not be applied retroactively. Equipment subject to this chapter shall be…
CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners §§ 7325–7332 · 8 sections
- § 7325 “Building,” as used in this chapter, means any building three stories or more in height, and whether heretofore constructed or hereafter to be constructed,…
- § 7326 There shall be securely attached to the outside window sills or frames of the window of any building, rings, bolts, lugs, fittings, or other devices to which…
- § 7327 In lieu of the safety devices enumerated in Section 7326, the division may approve the installation or use of any other devices or means which will effectively…
- § 7328 Any person employing, directing or permitting another to do or perform any labor upon any windows which have not the safety devices as provided for in Sections…
- § 7329 Every person owning or entitled to possession, under any lease, sublease, or agreement for a longer period than one year, or under any renewal lease, sublease,…
- § 7330 Every person who fails to provide the safety devices as set forth in this chapter upon any building hereafter to be constructed, and who thereafter fails to…
- § 7331 The division may make and enforce such safety orders and rules as it considers necessary and proper to carry into effect the purposes and provisions of this…
- § 7332 The division shall enforce the provisions of this chapter.
CHAPTER 4. Passenger Tramways §§ 7340–7358 · 20 sections
- § 7340 As used in this chapter: (a) “Passenger tramway” includes any method or device used primarily for the purpose of transporting persons by means of cables or…
- § 7341 A passenger tramway shall not be operated in any place in this state unless a permit for the operation of the tramway is issued by the division, and unless the…
- § 7342 The operation of a passenger tramway by any person owning or having the custody, management, or operation thereof without a permit is a misdemeanor, and each…
- § 7343 Whenever a passenger tramway in any place is being operated without the permit herein required, and is in such condition that its use is dangerous to the life…
- § 7344 (a) The division shall cause all passenger tramways to be inspected at least two times each year. (b) At least one of the inspections required by subdivision…
- § 7345 If inspection shows a passenger tramway to be in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to…
- § 7346 Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in…
- § 7347 If it thereafter appears to the division that the passenger tramway is unsafe and that the requirements contained in the preliminary order should be complied…
- § 7348 If the operation of a passenger tramway during the making of repairs or alterations is not immediately dangerous to the safety of employees or others, the…
- § 7349 The inspection herein provided for shall be made by a division safety engineer or, on ski lifts, by a certified tramway inspector qualified under Section…
- § 7350 (a) The division shall fix and collect fees for the inspection of passenger tramways as it deems necessary to cover the costs of the division in administering…
- § 7351 Fees shall be paid before issuance of a permit to operate a passenger tramway, except that the division, at its own discretion, may issue a temporary operating…
- § 7352 (a) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund to support the division’s passenger…
- § 7353 (a) A passenger tramway shall not be constructed or altered until the plans and design information have been properly certified to the division by an engineer…
- § 7354 The division shall not issue an operating permit to operate a passenger tramway until it receives certification in writing by an engineer qualified under the…
- § 7354.5 (a) Notwithstanding any other provision of this chapter, in any case in which an insurer admitted to transact insurance in this state has inspected or caused…
- § 7355 Nothing in the foregoing sections of this chapter shall limit the authority of the division to prescribe or enforce general or special safety orders.
- § 7356 The division shall, under the authority of Section 7355, promulgate and cause to be published safety orders directing each owner or operator of a passenger…
- § 7357 The division shall establish standards for the qualification of persons engaged in the operation of passenger tramways, whether as employees or otherwise. The…
- § 7358 (a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe design,…
CHAPTER 5. Cranes §§ 7370–7384 · 15 sections
ARTICLE 1. Permits for Tower Cranes §§ 7370–7374 · 5 sections
- § 7370 (a) The Legislature finds and declares that recent statewide spot inspections of cranes have uncovered a pattern of numerous safety violations so serious and…
- § 7371 As used in this chapter, the following definitions shall apply: (a) “Crane” means a machine for lifting or lowering a load and moving it horizontally, in which…
- § 7372 (a) The division shall employ safety engineers trained to inspect tower cranes. (b) The division shall establish a safety inspection program for all tower…
- § 7373 (a) A tower crane shall not be operated at any worksite unless an employer obtains a permit from the division. The division shall conduct an investigation for…
- § 7374 (a) The division may suspend or revoke the permit of a crane where the employer engages in gross negligence, gross incompetence, or willful or repeated…
ARTICLE 2. Certification §§ 7375–7384 · 10 sections
- § 7375 (a) The division shall adopt regulations for the certification of all cranes and derricks used in lifting service, exceeding three tons rated capacity. Tower…
- § 7376 (a) The division shall suspend or revoke a license to certify for the following reasons: (1) Gross negligence, gross incompetency, a pattern of incompetence,…
- § 7377 Revocation of a license to certify may be appealed to the Director of Industrial Relations.
- § 7378 A licensed certifier who fraudulently certifies that a crane is in compliance with the criteria established by the division under subdivision (a) of Section…
- § 7379 It shall be a misdemeanor for an individual to engage in the certification of a crane as specified in this chapter if that individual is not licensed pursuant…
- § 7380 (a) The division shall set fees for the examination and licensing of crane certifiers as necessary to cover the costs of administering this article. In fixing…
- § 7381 (a) Notwithstanding Sections 6319 and 6425, if serious injury or death is caused by any serious or willful repeated violation of a crane standard, order, or…
- § 7382 No person shall install or dismantle a tower crane, or increase the height of a crane, known in the construction trade as “jumping or climbing a crane,”…
- § 7383 (a) The division shall require all crane employers to disclose all of their previous business identities within the previous 10 years. The disclosure shall be…
- § 7384 The division shall prepare an annual report concerning revenues obtained from all funding sources and expenditures. The division shall file the report with the…
PART 4. MINING INDUSTRIES §§ 7500–7501 · 2 sections
CHAPTER 3. Underground Telephones §§ 7500–7501 · 2 sections
PART 5. SHIPS AND VESSELS §§ 7600–7611 · 11 sections
- § 7600 Every person who is engaged in the business of loading or unloading ships or vessels, or who is authorized or contracts to load or unload a ship or vessel, or…
- § 7601 Handtrucks shall be maintained in a safe condition by the employer. Handles shall be maintained free of hazardous burrs, splinters, cracks or splits.
- § 7602 Handtools shall be kept in good condition and be safely stored by the employer. Unsafe handtools shall not be used.
- § 7603 The maximum weight of materials stored on building floors or load-carrying platforms, except those built directly on the ground, shall not exceed their safe…
- § 7604 Adequate and substantial bull rails, stringer rails or curbs shall be installed at the waterside of all flush aprons on such wharves, docks or piers as are in…
- § 7605 The employer shall require that tools, machinery, gear and other equipment subject to wear be inspected at adequate intervals and unsafe conditions corrected.…
- § 7606 Every dock plate shall be constructed and maintained with strength sufficient to support the load carried thereon. Dock plates shall be secured in position…
- § 7607 Internal combustion engine-driven equipment shall be operated inside of buildings or enclosed structures only when such operation does not result in harmful…
- § 7608 Any person who violates any provisions of this part is guilty of a misdemeanor.
- § 7609 The provisions of Sections 7601 to 7607, inclusive, shall be applicable to longshore and stevedore operations.
- § 7611 Nothing in the foregoing sections of this part shall limit the authority of the division to prescribe or enforce general or special safety orders.
PART 6. TANKS AND BOILERS §§ 7620–7771 · 36 sections
CHAPTER 1. Scope of Chapter and General Provisions §§ 7620–7626 · 7 sections
- § 7620 “Division,” as used in this part, means the Division of Occupational Safety and Health.
- § 7621 “Boiler” as used in this part means any fired or unfired pressure vessel used to generate steam pressure by the application of heat subject to this part.
- § 7622 “Tank” as used in this part, means any unfired pressure vessel, subject to this part, used for the storage of air pressure or liquefied petroleum gases;…
- § 7623 This part applies to all boilers and tanks which are not specifically exempted in this chapter, or by the general safety orders of the division now in effect…
- § 7624 The following tanks are not subject to this part: (a) Tanks under the jurisdiction or inspection of the United States government. (b) Air pressure tanks used…
- § 7625 The following steam boilers are not subject to this part: (a) Boilers under the jurisdiction or inspection of the United States Government, and all other…
- § 7626 This part does not limit the authority of the division to prescribe or enforce general or special safety orders.
CHAPTER 2. Administration §§ 7650–7655 · 7 sections
- § 7650 Inspections required by this part shall be made either by qualified safety engineers employed by the division or by certified inspectors; provided, however,…
- § 7651 A certificate of competency may be obtained by application made to the division.
- § 7652 The division may determine by examination the competency of an applicant for a certificate of competency.
- § 7652.5 Notwithstanding any other provision of the law, a certified inspector employed by an insurer or by an employer for the purpose of inspecting only tanks and…
- § 7653 Upon good cause being shown therefor, the division may revoke a certificate of competency.
- § 7654 Where serious conditions are found by certified inspectors that would jeopardize the life, limb, or safety of employees, the reports of inspection shall be…
- § 7655 The division shall prepare and adopt regulations in accordance with the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section…
CHAPTER 3. Operation of Tanks and Boilers §§ 7680–7692 · 13 sections
- § 7680 No tank or boiler shall be operated unless a permit for its operation has been issued by or in behalf of the division.
- § 7681 (a) The division shall inspect or cause to be inspected each installed tank at least every five years, except for any tank specified in subdivision (b). (b)…
- § 7682 The division shall inspect or cause to be inspected each installed fired boiler internally and externally at least every year, except that the division may…
- § 7683 (a) If a tank or boiler is found to be in a safe condition for operation, a permit shall be issued by or on behalf of the division for its operation. (b) In…
- § 7684 Each permit or a clear reproduced copy thereof shall be posted in a protective container in a conspicuous place on or near the tank or boiler covered by it.
- § 7685 The division may issue and renew temporary permits for not to exceed 30 days each, pending the making of replacements or repairs.
- § 7686 Upon good cause being shown therefor, and after notice and an opportunity to be heard, the division may revoke any permit.
- § 7687 If the inspection shows a tank or boiler to be in an unsafe or dangerous condition, the division may issue a preliminary order requiring such repairs or…
- § 7688 Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in…
- § 7689 If it thereafter appears to the division that the tank or boiler is unsafe and that the requirements contained in the preliminary order should be complied…
- § 7690 The order may be reheard by the division, or reviewed by the courts, in the manner specified by this code for safety orders, and not otherwise.
- § 7691 If the operation of a tank or boiler constitutes a serious menace to the life or safety of any person employed about it, the division or any of its safety…
- § 7692 The certification of the division that no valid permit exists for the operation of a tank or boiler, and the affidavit of any safety engineer of the division…
CHAPTER 4. Inspection Fees §§ 7720–7728 · 6 sections
- § 7720 The division shall not charge an inspection fee where an inspection is made by a certified inspector if the inspection has been made and reports have been…
- § 7721 (a) The division shall fix and collect fees for the shop, field, and resale inspection of tanks and boilers and for consultations, surveys, audits, and other…
- § 7722 (a) The fees collected under this part shall be paid into the Pressure Vessel Account, which is hereby created, to be used for the administration of the…
- § 7725 As used in this chapter, the following terms shall have the meaning therein given them. (a) “Small tank” shall mean any tank 1,200 gallons water capacity or…
- § 7726 All inspection fees shall be paid before the issuance of a permit.
- § 7728 Whenever an owner or user of any apparatus or equipment fails to pay the fees required under this chapter within 60 days after notification, said owner or user…
CHAPTER 5. Offenses § 7750 · 1 section
- § 7750 Except during the time that a request for a permit remains unacted upon, every person owning or having the custody, management, or operation of a tank or…
CHAPTER 6. Mismanagement of Steam Boilers §§ 7770–7771 · 2 sections
- § 7770 Every engineer or other person having charge of any steam-boiler, steam-engine, or other apparatus for generating or employing steam, used in any manufactory,…
- § 7771 Every person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, used in any manufactory, railroad, vessel,…
PART 7. VOLATILE FLAMMABLE LIQUIDS §§ 7800–7803 · 4 sections
- § 7800 “Volatile flammable liquids” as used in this part means any petroleum or liquid product of petroleum or natural gas having a flash point below 100 degrees…
- § 7801 “Occupational Safety and Health Standards Board” as used in this part means the Occupational Safety and Health Standards Board of the Division of Occupational…
- § 7802 The Occupational Safety and Health Standards Board shall adopt general orders pursuant to Section 6500, to make effective the provisions of this part.
- § 7803 Every employer who engages in any business requiring any employee to handle or use any volatile flammable liquid or to work in the close proximity of any such…
PART 7.5. REFINERY AND CHEMICAL PLANTS §§ 7850–7873 · 21 sections
CHAPTER 1. General §§ 7850–7853 · 4 sections
- § 7850 This part shall be known and cited as the California Refinery and Chemical Plant Worker Safety Act of 1990.
- § 7851 The Legislature finds and declares that because of the potentially hazardous nature of handling large quantities of chemicals and recent disasters involving…
- § 7852 (a) It is the intent of the Legislature, in enacting this part, that the Occupational Safety and Health Standards Board and the Division of Occupational Safety…
- § 7853 For the purposes of this part: (a) “Biofuel” means biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative…
CHAPTER 2. Process Safety Management Standards §§ 7855–7873 · 17 sections
- § 7855 The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment…
- § 7856 (a) By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as…
- § 7857 The process safety management standards shall include provisions dealing with the items prescribed by Sections 7858 to 7868, inclusive, of this chapter.
- § 7858 The employer shall develop and maintain a compilation of written safety information to enable the employer and the employees operating the process to identify…
- § 7859 The employer shall perform a hazard analysis for identifying, evaluating, and controlling hazards involved in the process. The employer shall provide for the…
- § 7860 (a) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each…
- § 7861 (a) Each employee whose primary duties include the operating or maintenance of a process, and each employee prior to assuming operations and maintenance duties…
- § 7862 (a) The employer shall inform contractors performing work on, or near, a process of the known potential fire, explosion, or toxic release hazards related to…
- § 7863 The employer shall perform a prestartup safety review for new facilities and for modified facilities for which the modification necessitates a change in the…
- § 7864 The employer shall establish and implement written procedures and inspection and testing programs to maintain the ongoing integrity of process equipment. These…
- § 7865 The employer shall develop and implement a written procedure governing the issuance of “hot work” permits. “Hot work” includes electric or gas welding,…
- § 7866 The employer shall establish and implement written procedures to manage changes, except for replacements in kind, to process chemicals, technology, and…
- § 7867 The employer shall establish a written procedure for investigating every incident which results in, or, as determined by board criteria, could reasonably have…
- § 7868 The employer shall establish and implement an emergency action plan. The employer may use the business plan for emergency response submitted pursuant to…
- § 7870 Notwithstanding the availability of federal funds to carry out the purposes of this part, the division shall annually fix and collect reasonable fees for…
- § 7872 (a) As used in this section and in Section 7873, “turnaround” means a planned, periodic shutdown, total or partial, of a refinery process unit or plant to…
- § 7873 (a) As used in this section, “trade secret” means a trade secret as defined in subdivision (f) of Section 7924.510 of the Government Code or Section 1061 of…
PART 8. AMUSEMENT RIDES SAFETY LAW §§ 7900–7919 · 20 sections
- § 7900 This part shall be known and may be cited as the Amusement Rides Safety Law.
- § 7901 As used in this part: (a) “Amusement ride” means a mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or…
- § 7902 The division shall promulgate and formulate rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe installation,…
- § 7903 The division or a public entity shall not issue the original certificate of inspection for an amusement ride until it receives certification in writing by an…
- § 7904 (a) The division shall fix and collect all fees necessary to cover the cost of administering this part. Fees shall be charged to a person or entity receiving…
- § 7905 The division may hire inspectors to inspect amusement rides. The division shall cause the inspection provided by this part to be made by its safety inspectors,…
- § 7906 No person shall operate an amusement ride without a permit issued by the division or a public entity. On or before March 1 of each year an operator shall apply…
- § 7907 If, after inspection, an amusement ride is found to comply with the rules and regulations of the division, the division or a public entity shall issue a permit…
- § 7908 Before a new amusement ride is erected, or whenever any additions or alterations are made which change the structure, mechanism, classification, or capacity of…
- § 7909 The division may order cessation of operation of an amusement ride and permit revocation if it has been determined after inspection to be hazardous or unsafe.…
- § 7910 This part shall not be construed to prevent the use of any existing installation which upon inspection is found to be in a safe condition and in conformance…
- § 7911 If there are practical difficulties or unnecessary hardships for an operator to comply with the rules and regulations under this part, the division may modify…
- § 7912 No person shall operate an amusement ride unless there is in existence and on file with the division a policy of insurance, issued by a company licensed by the…
- § 7913 Nothing contained in this part shall prevent cities, counties, and cities and counties from regulating carnivals or amusement rides, nor prevent them from…
- § 7914 (a) An operator of an amusement ride shall report or cause to be reported to the division immediately by telephone each known incident where the maintenance,…
- § 7915 (a) Any owner or operator of any amusement ride who fails to comply with any provision of this part or any rule, regulation, or safety order adopted pursuant…
- § 7916 (a) An owner of an amusement ride shall provide training for its employees in the safe operation and maintenance of amusement rides, as required by Sections 4,…
- § 7917 If the division determines that an owner or operator of an amusement ride subject to this part has willfully or intentionally violated this part or a rule or…
- § 7918 The division shall enforce this part by the issuance of a citation and notice of civil penalty in a manner consistent with that specified in Section 6317 or in…
- § 7919 The division shall adopt rules and regulations necessary for the administration of this part, including, the reporting requirements established under Section…
PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM §§ 7920–7932 · 13 sections
- § 7920 It is the intent of the Legislature in enacting this part to create a state system for the inspection of permanent amusement rides. This part shall be known…
- § 7921 As used in this part: (a) “Permanent amusement ride” means a mechanical device, aquatic device, or combination of devices, of a permanent nature that carries…
- § 7922 This part does not apply to any of the following: (a) Any playground operated by a school or local government if the playground is an incidental amenity and…
- § 7923 (a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe…
- § 7924 (a) On an annual basis, an owner of a permanent amusement ride shall submit to the division a certificate of compliance on a form prescribed by the division,…
- § 7925 (a) Each operator of a permanent amusement ride shall report or cause to be reported to the division immediately by telephone each known accident where…
- § 7926 (a) A person may operate a permanent amusement ride only if, at the time of operation, one of the following is in existence: (1) The owner of the permanent…
- § 7927 Each owner of a permanent amusement ride shall provide training for its employees in the safe operation and maintenance of amusement rides, as required by the…
- § 7928 The division shall adopt rules and regulations necessary for the administration of this part. The division may employ qualified safety inspectors as necessary…
- § 7929 (a) The division shall fix and collect all fees necessary to cover the cost to the division of administering this part. Fees shall be charged to a person or…
- § 7930 If the division determines that any owner or operator of a permanent amusement ride subject to this part has willfully or intentionally violated this part or…
- § 7931 The division shall enforce this part by the issuance of a citation and notice of civil penalty in a manner consistent with Section 6317. Any owner or operator…
- § 7932 (a) The provisions of this part relating to annual division inspections shall not apply to any permanent amusement ride located within a county or other…
PART 9. TUNNEL AND MINE SAFETY §§ 7950–8004 · 52 sections
CHAPTER 1. Tunnels and Mines §§ 7950–7964.5 · 16 sections
- § 7950 This part shall be known and may be cited as “The Tom Carrell Memorial Tunnel and Mine Safety Act of 1972.”
- § 7951 As used in this part: (a) Tunnel shall include excavation, construction, alteration, repairing, renovating, or demolishing of any tunnel except tunnel work…
- § 7952 There shall be within the division a separate unit of safety engineers trained to inspect all tunnel construction and mine operations.
- § 7953 Sufficient manpower shall be maintained to provide for four annual inspections of underground mines, one inspection of surface mines or quarries annually, and…
- § 7954 To assist the unit of safety engineers in determining the safety of tunnel construction and mine operation, the division shall make available at least one…
- § 7955 The division and the owner of a mine, if he is not the operator of the mine, shall be notified before any initial mining operation or construction may be…
- § 7956 All personnel, including both employees working above ground and those in the tunnel or underground mine, shall be informed of the classification designated by…
- § 7957 An emergency rescue plan shall be developed by the employer for every tunnel or underground mine. Such plan, including a current map of the tunnel or…
- § 7958 A trained rescue crew of at least five men shall be provided at underground mines with more than 25 men or tunnels with 10 or more men underground at any one…
- § 7959 Rescue crews shall be familiar with all emergency equipment necessary to effect a rescue or search for missing employees in case of an accident or explosion.…
- § 7960 In any tunnel or underground mine classified as potentially gassy, tests for gas or vapors shall be made prior to start of work at each shift. If any…
- § 7961 The division shall investigate immediately any notification of a gas reading 10 percent of the lower explosive limit or higher by an employer in a tunnel or…
- § 7962 A safety representative qualified to recognize hazardous conditions and certified by the division shall be designated by the employer in any tunnel or…
- § 7963 All underground mines and tunnels with more than five men underground at one time shall have telephone or other communication systems to the surface in…
- § 7964 Whenever an access shaft is used as the normal means of entrance or exit to an underground mine or tunnel, it shall be constructed of fireproof material or…
- § 7964.5 Nothing contained in this part shall restrict the division in contracting with the Secretary of the Interior for an approved state plan for mines under P.L.…
CHAPTER 2. Gassy and Extrahazardous Tunnels §§ 7965–7985 · 21 sections
- § 7965 Any tunnel or underground mine classified by the division as gassy shall operate under special procedures adopted by the board, as well as rules, regulations,…
- § 7966 In any tunnel classified as gassy by the division, there shall be tests for gas or vapors taken prior to each shift and at least hourly during actual…
- § 7967 Whenever gas levels in excess of 10 percent of the lower explosive limit are encountered initially in a tunnel or underground mine classified as gassy, the…
- § 7968 In any gassy tunnel or underground mine, the division may order work halted until adequate testing can be completed to determine the level of hazard from gases…
- § 7969 In any gassy tunnel or underground mine the division shall review plans for electrical lighting and power for equipment. When it is necessary for safety, the…
- § 7970 In any tunnel or underground mine classified gassy, smoking shall be prohibited and the employer shall be responsible for collecting all personal sources of…
- § 7971 Whenever there is any ignition of gas or vapor in a tunnel or underground mine, all work shall cease, employees shall be removed, and reentry except for rescue…
- § 7972 If the level of gas in any tunnel or underground mine reaches 20 percent of its lower explosive limit at any time all men shall be removed, the division…
- § 7973 In any tunnel or underground mine classified as gassy, all employees shall be informed of any special orders made by the division following an inspection. Such…
- § 7974 In any tunnel classified as gassy by the division, ventilation shall include continuous exhausting of fumes and air, unless an alternative ventilation plan…
- § 7975 A “kill” button capable of cutting off all electrical equipment shall be maintained in any gassy tunnel or underground mine. The safety representative or his…
- § 7976 In any tunnel or underground mine classified as gassy, the division shall determine the number of fire extinguishers necessary and their locations.
- § 7977 Any tunnel or underground mine classified as extrahazardous by the division shall comply with the provisions for gassy tunnels in this chapter, as well as…
- § 7978 In any extrahazardous tunnel or underground mine smoking by employees or open flame shall be prohibited. Welding or cutting with arc or flame underground in…
- § 7979 In tunnels or underground mines classified extrahazardous, sufficient air shall be supplied to maintain an atmosphere of all of the following conditions: (a)…
- § 7980 All electrical equipment and machines, including diesel engines, used in tunnels or underground mines classified extrahazardous shall be permissible equipment.…
- § 7981 An escape chamber or alternate escape route shall be maintained within 5,000 feet of the tunnel face or areas being used to excavate material in an underground…
- § 7982 Records of air flow and air sample tests to assure compliance with required standards shall be maintained by the employer at the site of any tunnel or…
- § 7983 The main fan line used for ventilation in any tunnel or underground mine classified extrahazardous shall contain a cutoff switch capable of halting all…
- § 7984 In any tunnel or underground mine classified extrahazardous a device or devices which automatically and continuously test the atmosphere for gases or vapors…
- § 7985 All such testing device or devices shall be U.S. Bureau of Mines approved or acceptable to other authorities recognized by the division and shall automatically…
CHAPTER 3. Licensing and Penalties §§ 7990–8004 · 15 sections
- § 7990 In any tunnel or mine under jurisdiction of the division, the use of explosives shall be limited to persons licensed by the division.
- § 7991 (a) To obtain a license under Section 7990, and to renew that license, a person shall pass an oral and written examination given by the division. The division…
- § 7992 The board shall determine qualifications for persons seeking an “explosive blaster’s license” and rules and regulations for use of explosives in tunnels or…
- § 7993 Any person holding an “explosive blaster’s license” who is convicted of violating any safety order involving the use or handling of explosives shall have his…
- § 7994 Any person holding an “explosive blaster’s license” who is convicted of violating safety orders involving use or handling of explosives in which the violation…
- § 7995 Any person who has had his “explosive blaster’s license” revoked who is subsequently convicted of violations of a safety order involving the use or handling of…
- § 7996 All safety equipment required to provide safe employment in tunnels or underground mines shall be U.S. Bureau of Mines approved, or acceptable to other…
- § 7997 The board shall review and update general orders for tunnels and mines at least every two years. Representatives of the unit inspecting tunnels and mines shall…
- § 7998 The division shall also develop tests, available in English, Spanish, or other languages where a sufficient portion of employees exists to show need, to…
- § 7999 No person shall be qualified to operate as a gas tester, or serve as a safety representative in a tunnel or underground mine unless he holds a certificate…
- § 8000 Requirements established by the board shall preempt local government rules, regulations, and laws requiring certification or licensing as gas testers or safety…
- § 8001 The division shall charge a fee sufficient to cover the direct and indirect costs of the division to administer the examination and certification of gas…
- § 8002 All fees from applications shall be nonrefundable. Those fees shall be deposited into the Occupational Safety and Health Fund.
- § 8003 Violation of regulations, rules, orders, or special orders adopted by the board or division as a condition of certification shall be punishable by suspension…
- § 8004 The provisions of this part shall not apply to the normal operation, maintenance, or repair of any completed tunnels owned or operated by a utility as defined…
PART 10. USE OF CARCINOGENS §§ 9000–9061 · 27 sections
CHAPTER 1. General Provisions and Definitions §§ 9000–9009 · 10 sections
- § 9000 This part shall be known and may be cited as the Occupational Carcinogens Control Act of 1976.
- § 9001 The purpose of this part is to clarify and strengthen the provisions of state law applicable to the use of carcinogens in California. It is the intent of the…
- § 9002 The following definitions shall govern the construction of this part. Additionally, except where the context otherwise requires, the definitions contained in…
- § 9003 “Affected employee” means an employee who, as part of his or her employment, is involved in the use of a carcinogen, or an employee with respect to whom there…
- § 9004 “Carcinogen” means and includes the following recognized cancer-causing substances for which standards have been adopted pursuant to Chapter 3 (commencing with…
- § 9005 “Division” means the Division of Occupational Safety and Health.
- § 9006 “Employer” means any of the following: (a) The state and every state agency. (b) Each county, city, district, and all public and quasi-public corporations and…
- § 9007 “Standards” means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of Division 1.
- § 9008 “Standards board” means the Occupational Safety and Health Standards Board.
- § 9009 “Use” means any use of a carcinogen by an employer, including, but not limited to, the following: (a) Manufacture of a carcinogen, industrial uses thereof, or…
CHAPTER 2. Exemptions § 9015 · 1 section
- § 9015 Except where in conflict with Section 142.3, or other applicable provisions of law, the standards board may exempt from the provisions of this part and its…
CHAPTER 3. Standards and Administration §§ 9020–9022 · 7 sections
- § 9020 (a) Pursuant to Chapter 6 (commencing with Section 140) of Division 1, the standards board shall adopt standards for carcinogens at least as restrictive as the…
- § 9021 All standards relating to the use of carcinogens which are in effect on January 1, 1986, including standards set forth in Sections 5208, 5209, and 5210 of…
- § 9021.5 (a) Not later than January 1, 1987, the Division of Occupational Safety and Health shall propose a regulation concerning asbestos-related work, as defined in…
- § 9021.6 (a) The division shall charge a fee to each asbestos consultant and site surveillance technician who applies for certification pursuant to subdivision (b) of…
- § 9021.8 All asbestos consultant and site surveillance technician certifications shall be renewed annually. The division shall require asbestos consultants and site…
- § 9021.9 (a) The division shall establish an advisory committee to develop and recommend by September 30, 1994, for action by the standards board in accordance with…
- § 9022 The division shall have primary responsibility for enforcement of standards relating to carcinogens. However, the State Department of Health Services shall…
CHAPTER 4. Reporting §§ 9030–9032 · 3 sections
- § 9030 The standards board shall adopt one or more standards requiring each employer which uses any carcinogen, including asbestos and vinyl chloride, to submit a…
- § 9031 The division shall transmit a copy of each report specified in Section 9030 to any bargaining representatives, and other representatives known to the division,…
- § 9032 The division shall make every effort to ascertain the identities of existing users of carcinogens and to notify, inform, and educate them about the…
CHAPTER 5. Medical Examinations § 9040 · 1 section
- § 9040 Every employer using carcinogens shall provide for medical examinations of affected employees where required by standards adopted pursuant to subdivision (c)…
CHAPTER 6. Inspections §§ 9050–9052 · 3 sections
- § 9050 The division shall establish priorities for the performance of inspections of premises for which uses have been reported pursuant to Section 9030 and shall…
- § 9051 If an authorized representative of the division determines on the basis of an inspection that an employer is using a carcinogen in violation of the standards…
- § 9052 Upon request of any employer or any employee, or upon its own initiative, the OSHA Consultation Unit of the department shall provide consultation services…
CHAPTER 7. Penalties §§ 9060–9061 · 2 sections
- § 9060 The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders…
- § 9061 (a) For purposes of this part, “serious violation” shall have the meaning specified in Section 6432 and, except as provided in subdivision (b), shall…
PART 11. COMMERCIAL ESTABLISHMENTS §§ 9100–9104 · 5 sections
CHAPTER 1. Working Warehouses §§ 9100–9104 · 5 sections
- § 9100 For purposes of this chapter, “sales floor” means any area where the public is invited to shop, whether indoors or outdoors.
- § 9101 For purposes of this chapter, “working warehouse” means a wholesale or retail establishment in which both of the following occur: (a) Heavy machinery,…
- § 9102 (a) The owner, manager, or operator of a working warehouse shall secure merchandise stored on shelves higher than 12 feet above the sales floor. Methods of…
- § 9103 (a) When heavy machinery is used to move merchandise from a shelf, there shall be a safety zone established to temporarily block customers from entering areas…
- § 9104 An owner, manager, or operator of a working warehouse who employs more than 50 employees shall submit to the division, a report of all known injuries requiring…
PART 12. Agricultural Workers § 9110 · 1 section
- § 9110 (a) For purposes of this section, the following terms have the following meanings: (1) “Agricultural employee” means a person employed in any of the following:…
PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS §§ 9150–9161 · 13 sections
- § 9150 (a) The Legislature finds and declares the following: (1) All workers deserve a safe and healthy workplace. Because the sets of motion picture productions have…
- § 9151 As used in this part: (a) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles.…
- § 9152 (a) The Safety on Productions Pilot Program is hereby established. Commencing July 1, 2025, until June 30, 2030, inclusive, an employer for a motion picture…
- § 9152.5 Risk assessments shall be performed in accordance with the following: (a) A risk assessment shall be written and shall be a script and production plan that…
- § 9153 (a) A firearm or blank shall only be permitted on motion picture productions, for the purposes of rehearsal, actor training, the filming of an on-camera…
- § 9154 (a) Employers engaged in motion picture production shall report to the division any serious injury or illness, or death, of an employee occurring in a place of…
- § 9155 (a) Ammunition shall not be permitted on a motion picture production, except as follows: (1) In the controlled and supervised environment of a shooting range…
- § 9156 Every employer shall require that any employee responsible for handling, or in proximity to, firearms on set completes a Contract Services Administration Trust…
- § 9157 An employer shall comply with this part and any applicable safety standard.
- § 9158 This part does not apply to the following persons when they are on the perimeter of a set where motion picture production is happening: (a) A registered…
- § 9159 The division shall enforce this part.
- § 9160 This part shall not prevent or limit employer adoption of stricter safety standards.
- § 9161 This part shall become operative on January 1, 2025.
PART 14. Safety on Staging for Live Events §§ 9250–9254 · 6 sections
- § 9250 For purposes of this part, the following definitions apply: (a) “Auxiliary organization” means an entity that is included as an auxiliary organization pursuant…
- § 9251 (a) A contracting entity shall require an entertainment events vendor to certify for its employees, and any subcontractors’ employees, as part of the contract…
- § 9252 (a) The division shall enforce this part by the issuance of a citation alleging a violation of this part and a notice of civil penalty in a manner consistent…
- § 9252.1 This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1. If this part is enforced…
- § 9253 This part, or any related health and safety standard, does not prevent or limit an employer, contracting entity, or entertainment events vendor from adopting…
- § 9254 Nothing in this part relieves an employer from conducting any other training required under Title 8 of the California Code of Regulations and complying with…