Section 142.3 Of Chapter 6. Occupational Safety And Health Standards Board From California Labor Code >> Division 1. >> Chapter 6.
142.3
. (a) (1) The board, by an affirmative vote of at least four
members, may adopt, amend or repeal occupational safety and health
standards and orders. The board shall be the only agency in the state
authorized to adopt occupational safety and health standards.
(2) The board shall adopt standards at least as effective as the
federal standards for all issues for which federal standards have
been promulgated under Section 6 of the Occupational Safety and
Health Act of 1970 (P.L. 91-596) within six months of the
promulgation date of the federal standards and which, when applicable
to products which are distributed or used in interstate commerce,
are required by compelling local conditions and do not unduly burden
interstate commerce.
(3) No standard or amendment to any standard adopted by the board
that is substantially the same as a federal standard shall be subject
to Article 5 (commencing with Section 11346) and Article 6
(commencing with Section 11349) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. For purposes of this
subdivision, "substantially the same" means identical to the federal
standard with the exception of editorial and format differences
needed to conform to other state laws and standards.
(4) If a federal standard is promulgated and no state standard
that is at least as effective as the federal standard is adopted by
the board within six months of the date of promulgation of the
federal standard, the following provisions shall apply unless
adoption of the state standard is imminent:
(A) If there is no existing state standard covering the same
issues, the federal standard shall be deemed to be a standard adopted
by the board and enforceable by the division pursuant to Section
6317. This standard shall not be subject to Article 5 (commencing
with Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(B) If a state standard is in effect at the time a federal
standard is promulgated covering the same issue or issues, the board
may adopt the federal standard, or a portion thereof, as a standard
enforceable by the division pursuant to Section 6317; provided,
however, if a federal standard or portion thereof is adopted which
replaces an existing state standard or portion thereof, the federal
standard shall be as effective as the state standard or portion
thereof. No adoption of or amendment to any federal standard, or
portion thereof shall be subject to Article 5 (commencing with
Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(C) Any state standard adopted pursuant to subparagraph (A) or (B)
shall become effective at the time the standard is filed with the
Secretary of State, unless otherwise provided, but shall not take
effect before the effective date of the equivalent federal standard
and shall remain in effect for six months unless readopted by the
board for an additional six months or superseded by a standard
adopted by the board pursuant to paragraph (2) of subdivision (a).
(D) Any standard adopted pursuant to subparagraph (A), (B), or
(C), shall be published in Title 8 of the California Code of
Regulations in a manner similar to any other standards adopted
pursuant to paragraphs (1) and (2) of subdivision (a) of this
section.
(b) The State Building Standards Commission shall codify and
publish in a semiannual supplement to the California Building
Standards Code, or in a more frequent supplement if required by
federal law, all occupational safety and health standards that would
otherwise meet the definition of a building standard described in
Section 18909 of the Health and Safety Code adopted by the board in
the State Building Standards Code without reimbursement from the
board. These occupational safety and health standards may also be
published by the Occupational Safety and Health Standards Board in
other provisions in Title 8 of the California Code of Regulations
prior to publication in the California Building Standards Code if
that other publication includes an appropriate identification of
occupational safety and health standards contained in the other
publication.
(c) Any occupational safety or health standard or order
promulgated under this section shall prescribe the use of labels or
other appropriate forms of warning as are necessary to ensure that
employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions for safe use or exposure. Where
appropriate, these standards or orders shall also prescribe suitable
protective equipment and control or technological procedures to be
used in connection with these hazards and shall provide for
monitoring or measuring employee exposure at such locations and
intervals and in a manner as may be necessary for the protection of
employees. In addition, where appropriate, the occupational safety or
health standard or order shall prescribe the type and frequency of
medical examinations or other tests which shall be made available, by
the employer or at his or her cost, to employees exposed to such
hazards in order to most effectively determine whether the health of
such employee is adversely affected by this exposure.
(d) The results of these examinations or tests shall be furnished
only to the Division of Occupational Safety and Health, the State
Department of Health Services, any other authorized state agency, the
employer, the employee, and, at the request of the employee, to his
or her physician.