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Chapter 6. Permit Requirements of California Labor Code >> Division 5. >> Part 1. >> Chapter 6.
(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 permit prior to the initiation of any
practices, work, method, operation, or process of employment. The
permit requirement of this section is limited to employment or places
of employment that are any of the following:
(1) Construction of trenches or excavations that are five feet or deeper and into which a person is required to descend.
(2) The construction of any building, structure, falsework, or scaffolding more than three stories high or the equivalent height.
(3) The demolition of any building, structure, falsework, or scaffold more than three stories high or the equivalent height.
(4) The underground use of diesel engines in work in mines and tunnels. This subdivision does not apply to motion picture, television, or theater stages or sets, including, but not limited to, scenery, props, backdrops, flats, greenbeds, and grids.
(b) On or after January 1, 2000, this subdivision shall apply to motion picture, television, or theater stages or sets, if there has occurred within any one prior calendar year in any combination at separate locations three serious injuries, fatalities, or serious violations related to the construction or demolition of sets more than 36 feet in height for the motion picture, television, and theatrical production industry. An annual permit shall be required for employers who construct or dismantle motion picture, television, or theater stages or sets that are more than three stories or the equivalent height. A single permit shall be required under this subdivision for each employer, regardless of the number of locations where the stages or sets are located. An employer with a currently valid annual permit issued under this subdivision shall not be required to provide notice to the division prior to commencement of any work activity authorized by the permit. The division may adopt procedures to permit employers to renew by mail the permits issued under this subdivision. For purposes of this subdivision, "motion picture, television, or theater stages or sets" include, but are not limited to, scenery, props, backdrops, flats, greenbeds, and grids.
(1) Construction of trenches or excavations that are five feet or deeper and into which a person is required to descend.
(2) The construction of any building, structure, falsework, or scaffolding more than three stories high or the equivalent height.
(3) The demolition of any building, structure, falsework, or scaffold more than three stories high or the equivalent height.
(4) The underground use of diesel engines in work in mines and tunnels. This subdivision does not apply to motion picture, television, or theater stages or sets, including, but not limited to, scenery, props, backdrops, flats, greenbeds, and grids.
(b) On or after January 1, 2000, this subdivision shall apply to motion picture, television, or theater stages or sets, if there has occurred within any one prior calendar year in any combination at separate locations three serious injuries, fatalities, or serious violations related to the construction or demolition of sets more than 36 feet in height for the motion picture, television, and theatrical production industry. An annual permit shall be required for employers who construct or dismantle motion picture, television, or theater stages or sets that are more than three stories or the equivalent height. A single permit shall be required under this subdivision for each employer, regardless of the number of locations where the stages or sets are located. An employer with a currently valid annual permit issued under this subdivision shall not be required to provide notice to the division prior to commencement of any work activity authorized by the permit. The division may adopt procedures to permit employers to renew by mail the permits issued under this subdivision. For purposes of this subdivision, "motion picture, television, or theater stages or sets" include, but are not limited to, scenery, props, backdrops, flats, greenbeds, and grids.
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 information as the division may deem
necessary to evaluate the safety of the proposed employment or place
of employment.
An application by an employer shall include a provision that the
applicant has knowledge of applicable occupational safety and health
standards and will comply with such standards and any other lawful
order of the division.
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 more of surface area of
asbestos-containing material, shall register with the division.
The division may grant registration based on a determination that
the employer has demonstrated evidence that the conditions,
practices, means, methods, operations, or processes used, or proposed
to be used, will provide a safe and healthful place of employment.
This section is not intended to supersede existing laws and
regulations under Title 8, California Administrative Code, Section
5208.
An application for registration shall contain such information and
attachments, given under penalty of perjury, as the division may
deem necessary to evaluate the safety and health of the proposed
employment or place of employment. It shall include, but not be
limited to, all of the following:
(a) Every employer shall meet each of the following criteria:
(1) If the employer is a contractor, the contractor shall be certified pursuant to Section 7058.5 of the Business and Professions Code.
(2) Provide health insurance coverage to cover the entire cost of medical examinations and monitoring required by law and be insured for workers' compensation, or provide a five hundred dollar ($500) trust account for each employee engaged in asbestos-related work. The health insurance coverage may be provided through a union, association, or employer.
(3) Train and certify all employees in accordance with all training required by law and Title 8 of the California Administrative Code.
(4) Be proficient and have the necessary equipment to safely do asbestos-related work.
(b) Provide written notice to the division of each separate job or phase of work, where the work process used is different or the work is performed at noncontiguous locations, noting all of the following:
(1) The address of the job.
(2) The exact physical location of the job at that address.
(3) The start and projected completion date.
(4) The name of a certified supervisor with sufficient experience and authority who shall be responsible for the asbestos-related work at that job.
(5) The name of a qualified person, who shall be responsible for scheduling any air sampling, laboratory calibration of air sampling equipment, evaluation of sampling results, and conducting respirator fit testing and evaluating the results of those tests.
(6) The type of work to be performed, the work practices that will be utilized, and the potential for exposure. Should any change be necessary, the employer or contractor shall so inform the division at or before the time of the change. Any oral notification shall be confirmed in writing.
(c) Post the location where any asbestos-related work occurs so as to be readable at 20 feet stating, "Danger--Asbestos. Cancer and Lung Hazard. Keep Out."
(d) A copy of the registration shall be provided before the start of the job to the prime contractor or other employers on the site and shall be posted on the jobsite beside the Cal-OSHA poster.
(e) The division shall obtain the services of three industrial hygienists and one clerical employee to implement and to enforce the requirements of this section unless the director makes a finding that these services are not necessary or that the services are not obtainable due to a lack of qualified hygienists applying for available positions. Funding may, at the director's discretion, be appropriated from the Asbestos Abatement Fund.
(f) Not later than January 1, 1987, the Division of Occupational Safety and Health shall propose to the Occupational Safety and Health Standards Board for review and adoption a regulation concerning asbestos-related work, as defined in Section 6501.8, which involves 100 square feet or more of surface area of asbestos-containing material. The regulation shall protect most effectively the health and safety of employees and shall include specific requirements for certification of employees, supervisors with sufficient experience and authority to be responsible for asbestos-related work, and a qualified person who shall be responsible for scheduling any air sampling, for arranging for calibration of the air sampling equipment and for analysis of the air samples by a NIOSH approved method, for conducting respirator fit testing, and for evaluating the results of the air sampling. The Division of Occupational Safety and Health shall also propose a regulation to the Occupational Safety and Health Standards Board for review and adoption specifying sampling methodology for use in taking air samples.
(a) Every employer shall meet each of the following criteria:
(1) If the employer is a contractor, the contractor shall be certified pursuant to Section 7058.5 of the Business and Professions Code.
(2) Provide health insurance coverage to cover the entire cost of medical examinations and monitoring required by law and be insured for workers' compensation, or provide a five hundred dollar ($500) trust account for each employee engaged in asbestos-related work. The health insurance coverage may be provided through a union, association, or employer.
(3) Train and certify all employees in accordance with all training required by law and Title 8 of the California Administrative Code.
(4) Be proficient and have the necessary equipment to safely do asbestos-related work.
(b) Provide written notice to the division of each separate job or phase of work, where the work process used is different or the work is performed at noncontiguous locations, noting all of the following:
(1) The address of the job.
(2) The exact physical location of the job at that address.
(3) The start and projected completion date.
(4) The name of a certified supervisor with sufficient experience and authority who shall be responsible for the asbestos-related work at that job.
(5) The name of a qualified person, who shall be responsible for scheduling any air sampling, laboratory calibration of air sampling equipment, evaluation of sampling results, and conducting respirator fit testing and evaluating the results of those tests.
(6) The type of work to be performed, the work practices that will be utilized, and the potential for exposure. Should any change be necessary, the employer or contractor shall so inform the division at or before the time of the change. Any oral notification shall be confirmed in writing.
(c) Post the location where any asbestos-related work occurs so as to be readable at 20 feet stating, "Danger--Asbestos. Cancer and Lung Hazard. Keep Out."
(d) A copy of the registration shall be provided before the start of the job to the prime contractor or other employers on the site and shall be posted on the jobsite beside the Cal-OSHA poster.
(e) The division shall obtain the services of three industrial hygienists and one clerical employee to implement and to enforce the requirements of this section unless the director makes a finding that these services are not necessary or that the services are not obtainable due to a lack of qualified hygienists applying for available positions. Funding may, at the director's discretion, be appropriated from the Asbestos Abatement Fund.
(f) Not later than January 1, 1987, the Division of Occupational Safety and Health shall propose to the Occupational Safety and Health Standards Board for review and adoption a regulation concerning asbestos-related work, as defined in Section 6501.8, which involves 100 square feet or more of surface area of asbestos-containing material. The regulation shall protect most effectively the health and safety of employees and shall include specific requirements for certification of employees, supervisors with sufficient experience and authority to be responsible for asbestos-related work, and a qualified person who shall be responsible for scheduling any air sampling, for arranging for calibration of the air sampling equipment and for analysis of the air samples by a NIOSH approved method, for conducting respirator fit testing, and for evaluating the results of the air sampling. The Division of Occupational Safety and Health shall also propose a regulation to the Occupational Safety and Health Standards Board for review and adoption specifying sampling methodology for use in taking air samples.
"Asbestos" means fibrous forms of various hydrated
minerals, including chrysotile (fibrous serpentine), crocidolite
(fibrous riebecktite), amosite (fibrous cummingtonite--grunerite),
fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
(a) For purposes of this chapter, "asbestos-related work"
means any activity which by disturbing asbestos-containing
construction materials may release asbestos fibers into the air and
which is not related to its manufacture, the mining or excavation of
asbestos-bearing ore or materials, or the installation or repair of
automotive materials containing asbestos.
(b) For purposes of this chapter, "asbestos containing construction material" means any manufactured construction material that contains more than one-tenth of 1 percent asbestos by weight.
(c) For purposes of this chapter, "asbestos-related work" does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings, if the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe does not result in asbestos exposures to employees in excess of the action level determined in accordance with Sections 1529 and 5208 of Title 8 of the California Code of Regulations, and if the employees and supervisors involved in the operation have received training through a task-specific training program, approved pursuant to Section 9021.9, with written certification of completion of that training by the training entity responsible for the training.
(b) For purposes of this chapter, "asbestos containing construction material" means any manufactured construction material that contains more than one-tenth of 1 percent asbestos by weight.
(c) For purposes of this chapter, "asbestos-related work" does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings, if the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe does not result in asbestos exposures to employees in excess of the action level determined in accordance with Sections 1529 and 5208 of Title 8 of the California Code of Regulations, and if the employees and supervisors involved in the operation have received training through a task-specific training program, approved pursuant to Section 9021.9, with written certification of completion of that training by the training entity responsible for the training.
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 good faith effort to determine if
asbestos is present before the work is begun. The contractor or
employer shall first inquire of the owner if asbestos is present in
any building or structure built prior to 1978.
The division may issue a permit based on a determination the
employer has demonstrated evidence that the conditions, practices,
means, methods, operations or processes used or proposed to be used
will provide a safe and healthful place of employment. The division
may issue a single permit for two or more projects to be performed by
a single employer if similar conditions exist on each project and
the chief or his representative is satisfied an adequate safety
program has been developed for all the projects. The division may,
upon its motion, conduct any investigation or hearing it deems
necessary for the purpose of this section, and may require a safety
conference prior to the start of actual work.
A safety conference shall include representatives of the
owner or contracting agency, the contractor, the employer, employees
and employee representatives. The safety conference shall include a
discussion of the employer's safety program and such means, methods,
devices, processes, practices, conditions or operations as he intends
to use in providing safe employment and a safe place of employment.
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 contracting agency, the contractor,
the employer, employees, and employee representatives. It shall
include a discussion of the employer's safety program and such means,
methods, devices, processes, practices, conditions, or operations as
the employer intends to use in providing a safe place of employment.
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.
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 chapter.
(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 any registration issued to
the employer or contractor to do asbestos-related work until certain
specified written conditions are met.
(b) Any person who owns a commercial or industrial building or structure, any employer who engages in or contracts for asbestos-related work, any contractor, public agency, or any employee acting for any of the foregoing, who, contracts for, or who begins, asbestos-related work in any commercial or industrial building or structure built prior to 1978 without first determining if asbestos-containing material is present, and thereby fails to comply with the applicable laws and regulations, is subject to one of the following penalties:
(1) For a knowing or negligent violation, a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both the fine and imprisonment.
(2) For a willful violation which results in death, serious injury or illness, or serious exposure, a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment. A second or subsequent conviction under this paragraph may be punishable by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
(3) A civil penalty of not more than two thousand dollars ($2,000) for each violation, to be imposed pursuant to the procedures set forth in Sections 6317, 6318, and 6319.
(4) For a willful or repeat violation, a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(c) It is a defense to an action for violation of this section if the owner, contractor, employer, public agency, or agent thereof, proves, by a preponderance of the evidence, that he or she made a reasonable effort to determine whether asbestos was present.
(b) Any person who owns a commercial or industrial building or structure, any employer who engages in or contracts for asbestos-related work, any contractor, public agency, or any employee acting for any of the foregoing, who, contracts for, or who begins, asbestos-related work in any commercial or industrial building or structure built prior to 1978 without first determining if asbestos-containing material is present, and thereby fails to comply with the applicable laws and regulations, is subject to one of the following penalties:
(1) For a knowing or negligent violation, a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both the fine and imprisonment.
(2) For a willful violation which results in death, serious injury or illness, or serious exposure, a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment. A second or subsequent conviction under this paragraph may be punishable by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
(3) A civil penalty of not more than two thousand dollars ($2,000) for each violation, to be imposed pursuant to the procedures set forth in Sections 6317, 6318, and 6319.
(4) For a willful or repeat violation, a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(c) It is a defense to an action for violation of this section if the owner, contractor, employer, public agency, or agent thereof, proves, by a preponderance of the evidence, that he or she made a reasonable effort to determine whether asbestos was present.
(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 appeal to the director from a permit revocation by the division shall not stay the revocation. Upon application by the employer with proper notice to the division, and after an opportunity for the division to respond to the application, the director may issue an order staying the revocation while the appeal is pending.
(b) The filing of an appeal to the director from a permit revocation by the division shall not stay the revocation. Upon application by the employer with proper notice to the division, and after an opportunity for the division to respond to the application, the director may issue an order staying the revocation while the appeal is pending.
The division shall set a fee to be charged for such permits
in an amount reasonably necessary to cover the costs involved in
investigating and issuing such permits.
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 Utilities Commission.
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 of the Public Utilities
Commission, shall be required to apply for a registration through the
designated chief executive officer of that body. No registration
fees shall be required of any public agencies.
Any person, or agent or officer thereof, who violates this
chapter is guilty of a misdemeanor.
(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 knowledge that the report has been
required by a person as a condition of making a loan of money secured
by the property, or is required by a public entity as a condition of
issuing a permit concerning the property, the asbestos consultant or
any employee, subsidiary, or any company with common ownership,
shall not require, as a condition of performing the inspection, that
the consultant also perform any corrective work on the property that
was recommended in the report.
(b) This section does not prohibit an asbestos consultant that has contracted to perform corrective work after the report of another company has indicated the presence of asbestos or the need for related remedial action from making its own inspection prior to performing that corrective work or from making an inspection to determine whether the corrective measures were successful and, if not, thereafter performing additional corrective work.
(c) A violation of this section is grounds for disciplinary action against any asbestos consultant who engages in that work pursuant to any license from a state agency.
(d) A violation of this section is a misdemeanor punishable by a fine of not less than three thousand dollars ($3,000) and not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than one year, or both.
(e) For the purpose of this section:
(1) "Asbestos consultant" means any person who, for compensation, inspects property to identify asbestos containing materials, determining the risks, or the need for related remedial action.
(2) "Asbestos" has the meaning set forth in Section 6501.7.
(b) This section does not prohibit an asbestos consultant that has contracted to perform corrective work after the report of another company has indicated the presence of asbestos or the need for related remedial action from making its own inspection prior to performing that corrective work or from making an inspection to determine whether the corrective measures were successful and, if not, thereafter performing additional corrective work.
(c) A violation of this section is grounds for disciplinary action against any asbestos consultant who engages in that work pursuant to any license from a state agency.
(d) A violation of this section is a misdemeanor punishable by a fine of not less than three thousand dollars ($3,000) and not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than one year, or both.
(e) For the purpose of this section:
(1) "Asbestos consultant" means any person who, for compensation, inspects property to identify asbestos containing materials, determining the risks, or the need for related remedial action.
(2) "Asbestos" has the meaning set forth in Section 6501.7.
(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, it may, through its attorneys, apply
to the superior court of the county in which such activity is taking
place for an injunction restraining such activity.
(b) The application to the superior court, accompanied by an affidavit showing that the employer, without a valid permit, is engaging in activity for which a permit is required, is a sufficient prima facie showing to warrant, in the discretion of the court, the immediate granting of a temporary restraining order. No bond shall be required of the division as a prerequisite to the granting of any restraining order.
(b) The application to the superior court, accompanied by an affidavit showing that the employer, without a valid permit, is engaging in activity for which a permit is required, is a sufficient prima facie showing to warrant, in the discretion of the court, the immediate granting of a temporary restraining order. No bond shall be required of the division as a prerequisite to the granting of any restraining order.
