Chapter 9. Miscellaneous Safety Provisions of California Labor Code >> Division 5. >> Part 1. >> Chapter 9.
(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 piping shall be conclusively
presumed to be maintaining an unsafe place of employment.
(b) Any employer who causes or allows gas pipelines to be tested
with gas at pressures in excess of that permitted by applicable
sections of the American Society of Mechanical Engineers Code for
Pressure Piping shall be conclusively presumed to be maintaining an
unsafe place of employment.
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 combustion engines used inside
factories, manufacturing plants, warehouses, buildings and other
enclosed structures, which standards are compatible with the safety
and health of employees.
All portable and all mobile internal combustion engines that
are used inside factories, manufacturing plants, warehouses,
buildings and other enclosed structures shall be equipped with a
certified exhaust purifier device after the certification of the
device by the State Air Resources Board.
The Division of Occupational Safety and Health shall be
responsible for the enforcement of the provisions of this section.
Sections 6701 and 6702 shall apply to all portable and all
mobile internal combustion engines used inside factories,
manufacturing plants, warehouses, buildings and other enclosed
structures unless the operation of such an engine used inside a
particular factory, plant, warehouse, building or enclosed structure
does not result in harmful exposure to concentrations of dangerous
gases or fumes in excess of maximum acceptable concentrations as
determined by the standards board.
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 with boomstops that meet standards that
shall be established therefor by the standards board.
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 trenches five feet or more in depth,
shall be awarded unless it contains a clause requiring submission by
the contractor and acceptance by the awarding body or by a registered
civil or structural engineer, employed by the awarding body, to whom
authority to accept has been delegated, in advance of excavation, of
a detailed plan showing the design of shoring, bracing, sloping, or
other provisions to be made for worker protection from the hazard of
caving ground during the excavation of such trench or trenches. If
such plan varies from the shoring system standards, the plan shall be
prepared by a registered civil or structural engineer.
Nothing in this section shall be deemed to allow the use of a
shoring, sloping, or protective system less effective than that
required by the Construction Safety Orders.
Nothing in this section shall be construed to impose tort
liability on the awarding body or any of its employees.
The terms "public works" and "awarding body", as used in this
section, shall have the same meaning as in Sections 1720 and 1722,
respectively, of the Labor Code.
Regulations of the department requiring the shoring,
bracing, or sloping of excavations, or which contain similar
requirements for excavations, shall only apply to the excavation of
swimming pools where a reasonable examination by a qualified person
reveals recognizable conditions which would expose employees to
injury from possible moving ground. If these conditions are found to
exist with respect to a swimming pool excavation, employees shall not
be permitted to enter the excavation until the condition is abated
or otherwise no longer exists.
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 of Section 6500 shall not apply to the
construction of trenches or excavations for the purpose of performing
emergency repair work to underground facilities, or the construction
of swimming pools, or the construction of "graves" as defined in
Section 7014 of the Health and Safety Code or to the construction or
final use of excavations or trenches where the construction or final
use does not require a person to descend into the excavations or
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 jacking pits, or similar trenches or open
excavations, which are five feet or deeper, such call shall specify
that each bid submitted in response thereto shall contain, as a bid
item, adequate sheeting, shoring, and bracing, or equivalent method,
for the protection of life or limb, which shall conform to applicable
safety orders. Nothing in this section shall be construed to impose
tort liability on the body awarding the contract or any of its
employees. This section shall not apply to contracts awarded pursuant
to the provisions of Chapter 3 (commencing with Section 14250) of
Part 5 of Division 3 of Title 2 of the Government Code.
Every contractor on a construction project, including but not
limited to any public works, shall maintain adequate emergency first
aid treatment for his employees. As used in this section, "adequate"
shall be construed to mean sufficient to comply with the Federal
Occupational Safety and Health Act of 1970 (P.L. 91-596).
(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 3 (commencing with Section 7990) of Part
9 of Division 5, to supervise and visually direct the blasting
(b) For the purposes of this section, "explosives" shall include,
but not be limited to, class A and B explosives, blasting caps,
detonating cord, and charges or projectiles used in the control of
avalanches. For the purposes of this section, "explosives" shall not
include small arms ammunition or class C explosives such as explosive
powerpacks in the form of explosive cartridges or explosive-charged
construction devices, explosive rivets, bolts, and charges for
driving pins and studs, and cartridges for explosive-actuated power
(c) This section shall not apply to persons, firms, or
corporations licensed pursuant to Part 2 (commencing with Section
12500) of Division 11 of the Health and Safety Code.
(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 avalanche blasting. Any person
engaged in snow avalanche blasting shall pass this examination prior
to being licensed by the division.
(b) The division shall select an advisory committee to assist the
division in preparing the data and information for the written and
oral qualifying examination. The advisory committee shall consist of
not less than seven members, nor more than nine members, with at
least one representative from explosives manufacturers, snow
avalanche blasting consultants, the recreational snow ski industry, a
public recreation area, the California Department of Transportation,
and the division.
(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 with all of the following:
(1) The standard shall be at least as effective as the federal
field sanitation standard contained in Section 1928.110 of Title 29
of the Code of Federal Regulations.
(2) The standard shall be at least as effective as California
field sanitation requirements in effect as of July 1, 1990, pursuant
to Article 4 (commencing with Section 113310) of Chapter 11 of Part 6
of Division 104 of the Health and Safety Code, Article 1 (commencing
with Section 118375) of Chapter 1 of Part 15 of Division 104 of the
Health and Safety Code, and Section 2441 of this code.
(3) The standard shall apply to all agricultural places of
(4) The standard shall require that toilets are serviced and
maintained in a clean, sanitary condition and kept in good repair at
all times, including written records of that service and maintenance.
(b) Consistent with its mandatory investigation and reinspection
duties under Sections 6309, 6313, and 6320, the division shall
develop and implement a special emphasis program for enforcement of
the standard for at least two years following its adoption. Not later
than March 15, 1995, the division shall also develop a written plan
to coordinate its enforcement program with other state and local
agencies. The division shall be the lead enforcement agency. Other
state and local agencies shall cooperate with the division in the
development and implementation of the plan. The division shall report
to the Legislature, not later than January 1, 1994, on its
enforcement program. The plan shall provide for coordination between
the division and local officials in counties where the field
sanitation facilities required by the standard adopted pursuant to
subdivision (a) are registered by the county health officer or other
appropriate official of the county where the facilities are located.
The division shall establish guidelines to assist counties that
choose to register sanitation facilities pursuant to this section,
for developing service charges, fees, or assessments to defray the
costs of registering the facilities, taking into consideration the
differences between small and large employers.
(c) (1) Past violations by a fixed-site or nonfixed-site employer,
occurring anywhere in the state within the previous five years, of
one or more field sanitation regulations established pursuant to this
section, or of Section 1928.110 of Title 29 of the Code of Federal
Regulations, shall be considered for purposes of establishing whether
a current violation is a repeat violation under Section 6429.
(2) Past violations by a fixed-site or nonfixed-site employer,
occurring anywhere in the state within the previous five years, of
one or more field sanitation regulations established pursuant to this
section, Article 4 (commencing with Section 113310) of Chapter 11 of
Part 6 of Division 104 of the Health and Safety Code, Article 1
(commencing with Section 118375) of Part 15 of Division 104 of the
Health and Safety Code, or Section 2441 of this code, or of Section
1928.110 of Title 29 of the Code of Federal Regulations, shall
constitute evidence of willfulness for purposes of Section 6429.
(d) (1) Notwithstanding Sections 6317 and 6434, any employer who
fails to provide the facilities required by the field sanitation
standard shall be assessed a civil penalty under the appropriate
provisions of Sections 6427 to 6430, inclusive, except that in no
case shall the penalty be less than seven hundred fifty dollars
($750) for each violation.
(2) Abatement periods fixed by the division pursuant to Section
6317 for violations shall be limited to one working day. However, the
division may, pursuant to Section 6319.5, modify the period in cases
where a good faith effort to comply with the abatement requirement
is shown. The filing of an appeal with the appeals board pursuant to
Sections 6319 and 6600 shall not stay the abatement period.
(3) An employer cited pursuant to paragraph (1) of this
subdivision shall be required to annually complete a field sanitation
compliance form which shall list the estimated peak number of
employees, the toilets, washing, and drinking water facilities to be
provided by the employer, any rental and maintenance agreements, and
any other information considered relevant by the division for a
period of five years following the citation. The employer shall be
required to annually submit the completed form, subscribed under
penalty of perjury, to the division, or to an agency designated by
(e) The division shall notify the State Department of Health
Services and the appropriate local health officers whenever a
violation of the standard adopted pursuant to this section may result
in the adulteration of food with harmful bacteria or other
deleterious substances within the meaning of Article 5 (commencing
with Section 110545) of Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code.
(f) Pending final adoption and approval of the standard required
by subdivision (a), the division may enforce the field sanitation
standards prescribed by Section 1928.110 of Title 29 of the Code of
Federal Regulations, except subdivision (a) of Section 1928.110, in
the same manner as other standards contained in this division.
For the purposes of this division, "lead-related construction
work" means any of the following:
(a) Any construction, alteration, painting, demolition, salvage,
renovation, repair, or maintenance of any building or structure,
including preparation and cleanup, that, by using or disturbing
lead-containing material or soil, may result in significant exposure
of employees to lead as determined by the standard adopted pursuant
to Section 6717.
(b) The transportation, disposal, storage, or containment of
materials containing lead on site or at a location at which
construction activities are performed. "Lead-related construction
work" does not include any activity related to the manufacture or
mining of lead or the installation or repair of automotive materials
(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 safety of employees who engage in
lead-related construction work and meets all requirements imposed by
the federal Occupational Safety and Health Administration. The
standards board shall adopt the standard on or before December 31,
1994. The standard shall at least prescribe protective measures
appropriate to the work activity and the lead content of materials to
be disturbed by the activity, and shall include requirements and
specifications pertaining to the following:
(1) Sampling and analysis of surface coatings and other materials
that may contain significant amounts of lead.
(2) Concentrations and amounts of lead in surface coatings and
other materials that may constitute a health hazard to employees
engaged in lead-related construction work.
(3) Engineering controls, work practices, and personal protective
equipment, including respiratory protection, fit-testing
requirements, and protective clothing and equipment.
(4) Washing and showering facilities.
(5) Medical surveillance and medical removal protection.
(6) Establishment of regulated areas and appropriate posting and
(8) Training of employees engaged in lead-related construction
work and their supervisors, that shall consist of current
certification as required by regulations adopted under subdivision
(c) of Section 105250 of the Health and Safety Code and include
training with respect to at least the following:
(A) Health effects of lead exposure, including symptoms of
(B) The construction activities, methods, processes, and materials
that can result in lead exposure.
(C) The requirements of the lead standard promulgated pursuant to
(D) Appropriate engineering controls, work practices, and personal
protection for lead-related work.
(E) The necessity for fit-testing for respirator use and how
fit-testing is conducted.
Notwithstanding any other provision of law, any test
procedures adopted by a state agency to determine compliance with
vapor emission standards, by vapor recovery systems of cargo tanks on
tank vehicles used to transport gasoline, shall not require any
person to climb upon the cargo tank during loading operations.
The Legislature reaffirms its concern over the prevalence of
repetitive motion injuries in the workplace and reaffirms the
Occupational Safety and Health Standards Board's continuing duty to
carry out Section 6357.