| GENERAL PROVISIONS | 1-29.5 |
| DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS | |
| CHAPTER 1. GENERAL POWERS AND DUTIES | 50-64 |
| CHAPTER 1.5. MEDIATION | 65-66 |
| CHAPTER 2. INDUSTRIAL WELFARE COMMISSION | 70-74 |
| CHAPTER 3. COMMISSION ON HEALTH AND SAFETY AND WORKERS' COMPENSATION | 75-78 |
| CHAPTER 4. DIVISION OF LABOR STANDARDS ENFORCEMENT | 79-107 |
| CHAPTER 5. DIVISION OF WORKERS' COMPENSATION | 110-139.6 |
| CHAPTER 6. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD | 140-147.2 |
| CHAPTER 6.5. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD | 148-149.5 |
| CHAPTER 7. DIVISION OF LABOR STATISTICS AND RESEARCH | 150-156 |
| CHAPTER 7.5. DIVISION OF OCCUPATIONAL SAFETY AND HEALTH | 175-176 |
| DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION | |
| PART 1. COMPENSATION | |
| CHAPTER 1. PAYMENT OF WAGES | |
| Article 1. General Occupations | 200-243 |
| Article 2. Seasonal Labor | 250-257 |
| Article 3. Special Occupations | 270-272 |
| CHAPTER 2. ASSIGNMENT OF WAGES | 300 |
| CHAPTER 3. PRIVILEGES AND PERQUISITES | |
| Article 1. Gratuities | 350-356 |
| Article 2. Bonds and Photographs | 400-410 |
| Article 3. Contracts and Applications for Employment | 430-435 |
| Article 4. Purchases | 450-452 |
| PART 2. WORKING HOURS | |
| CHAPTER 1. GENERAL | 500-558 |
| CHAPTER 2. RAILROADS | 600-607 |
| CHAPTER 3. SMELTERS AND UNDERGROUND WORKINGS | 750-752.5 |
| CHAPTER 4. LUMBER INDUSTRIES | 800-801 |
| CHAPTER 5. PHARMACIES | 850-856 |
| PART 3. PRIVILEGES AND IMMUNITIES | |
| CHAPTER 1. CONTRACTS AGAINST PUBLIC POLICY | 920-923 |
| CHAPTER 2. SOLICITATION OF EMPLOYEES BY MISREPRESENTATION | 970-977 |
| CHAPTER 3. CLASS OF LABOR EMPLOYED; LABOR UNION INSIGNIA | 1010-1018 |
| CHAPTER 3.5. CONTRACTORS | 1020-1024 |
| CHAPTER 3.7. ALCOHOL AND DRUG REHABILITATION | 1025-1028 |
| CHAPTER 3.8. LACTATION ACCOMMODATION | 1030-1033 |
| CHAPTER 3.9. EMPLOYEE LITERACY ASSISTANCE | 1040-1044 |
| CHAPTER 4. REEMPLOYMENT PRIVILEGES | 1050-1057 |
| CHAPTER 4.5. DISPLACED JANITOR OPPORTUNITY ACT | 1060-1065 |
| CHAPTER 4.6. PUBLIC TRANSIT SERVICE CONTRACTS | 1070-1074 |
| CHAPTER 5. POLITICAL AFFILIATIONS | 1101-1106 |
| CHAPTER 6. AGREEMENTS IN CONNECTION WITH TRADE DISPUTES | 1110 |
| CHAPTER 7. JURISDICTIONAL STRIKES | 1115-1122 |
| CHAPTER 7.5. COLLECTIVE BARGAINING AGREEMENTS | 1126-1128 |
| CHAPTER 8. PROFESSIONAL STRIKEBREAKERS | |
| Article 1. Findings and Declarations | 1130 |
| Article 2. Definitions | 1132-1133 |
| Article 3. Professional Strikebreakers | 1134-1134.2 |
| Article 4. Miscellaneous | 1136-1136.2 |
| CHAPTER 9. PUBLIC TRANSPORTATION LABOR DISPUTES | 1137-1137.6 |
| CHAPTER 10. UNLAWFUL ACTS DURING LABOR DISPUTES | 1138-1138.5 |
| PART 3.5. AGRICULTURAL LABOR RELATIONS | |
| CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS | 1140-1140.4 |
| CHAPTER 2. AGRICULTURAL LABOR RELATIONS BOARD | |
| Article 1. Agricultural Labor Relations Board: Organization | 1141-1150 |
| Article 2. Investigatory Powers | 1151-1151.6 |
| CHAPTER 3. RIGHTS OF AGRICULTURAL EMPLOYEES | 1152 |
| CHAPTER 4. UNFAIR LABOR PRACTICES AND REGULATION OF SECONDARY BOYCOTTS | 1153-1155.7 |
| CHAPTER 5. LABOR REPRESENTATIVES AND ELECTIONS | 1156-1159 |
| CHAPTER 6. PREVENTION OF UNFAIR LABOR PRACTICES AND JUDICIAL REVIEW AND ENFORCEMENT | 1160-1161 |
| CHAPTER 6.5. CONTRACT DISPUTE RESOLUTION | 1164-1164.13 |
| CHAPTER 7. SUITS INVOLVING EMPLOYERS AND LABOR ORGANIZATIONS | 1165-1165.4 |
| CHAPTER 8. LIMITATIONS | 1166-1166.3 |
| PART 4. EMPLOYEES | |
| CHAPTER 1. WAGES, HOURS AND WORKING CONDITIONS | 1171-1205 |
| CHAPTER 2. OCCUPATIONAL PRIVILEGES AND RESTRICTIONS | |
| Article 2. Minors | 1285-1312 |
| CHAPTER 3. WORKING HOURS | |
| Article 2. Minors | 1390-1399 |
| CHAPTER 4. RELOCATIONS, TERMINATIONS, AND MASS LAYOFFS | 1400-1408 |
| PART 6. LICENSING | |
| CHAPTER 3. FARM LABOR CONTRACTORS | 1682-1699 |
| CHAPTER 4. TALENT AGENCIES | |
| Article 1. Scope and Definitions | 1700-1700.4 |
| Article 2. Licenses | 1700.5-1700.22 |
| Article 3. Operation and Management | 1700.23-1700.47 |
| CHAPTER 4.5. ADVANCE-FEE TALENT SERVICES | |
| Article 1. Definitions | 1701-1701.2 |
| Article 2. Contract Agreement Provisions and Recordkeeping | 1701.4-1701.5 |
| Article 3. Written Disclosure | 1701.8 |
| Article 4. Bond Requirements and Fees | 1701.1 |
| Article 5. Prohibited Acts | 1701.12 |
| Article 6. Remedies | 1701.13-1701.20 |
| PART 7. PUBLIC WORKS AND PUBLIC AGENCIES | |
| CHAPTER 1. PUBLIC WORKS | |
| Article 1. Scope and Operation | 1720-1743 |
| Article 1.5. Right of Action | 1750 |
| Article 2. Wages | 1770-1781 |
| Article 3. Working Hours | 1810-1815 |
| Article 5. Securing Workers' Compensation | 1860-1861 |
| CHAPTER 2. PUBLIC AGENCIES | |
| Article 1. Municipal Employees | 1900-1901 |
| CHAPTER 4. FIREFIGHTERS | 1960-1964 |
| PART 8. UNEMPLOYMENT RELIEF | |
| CHAPTER 1. EXTENSION OF PUBLIC WORKS | 2010-2015 |
| PART 8.5. CAR WASHES | |
| CHAPTER 1. GENERAL PROVISIONS | 2050-2053 |
| CHAPTER 2. REGISTRATION | 2054-2065 |
| CHAPTER 3. SUCCESSORSHIP | 2066 |
| CHAPTER 4. OPERATION | 2067 |
| PART 9. HEALTH | |
| CHAPTER 1. SANITARY CONDITIONS | |
| Article 1. Sanitary Standards | 2260 |
| Article 2. Foundries and Metal Shops | 2330-2331 |
| Article 3. Factories and Business Establishments | 2350-2355 |
| Article 5. General Health Provisions | 2440-2441 |
| PART 10. INDUSTRIAL HOMEWORK | 2650-2667 |
| PART 11. GARMENT MANUFACTURING | |
| CHAPTER 1. GENERAL PROVISIONS | 2670-2674.2 |
| CHAPTER 2. REGISTRATION | 2675-2684 |
| CHAPTER 3. ARBITRATION | 2685-2692 |
| PART 12. SHEEPHERDERS | 2695.1-2695.2 |
| PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 | 2698-2699.5 |
| DIVISION 3. EMPLOYMENT RELATIONS | |
| CHAPTER 1. SCOPE OF DIVISION | 2700 |
| CHAPTER 2. EMPLOYER AND EMPLOYEE | |
| Article 1. The Contract of Employment | 2750-2752 |
| Article 2. Obligations of Employer | 2800-2810 |
| Article 3. Obligations of Employee | 2850-2866 |
| Article 3.5. Inventions Made by an Employee | 2870-2872 |
| Article 4. Termination of Employment | 2920-2929 |
| Article 5. Investigations of Employees | 2930 |
| CHAPTER 4. APPRENTICESHIP | 3070-3099.5 |
| DIVISION 4. WORKERS' COMPENSATION AND INSURANCE | |
| PART 1. SCOPE AND OPERATION | |
| CHAPTER 1. GENERAL PROVISIONS | 3200-3219 |
| CHAPTER 2. EMPLOYERS, EMPLOYEES, AND DEPENDENTS | |
| Article 1. Employers | 3300-3302 |
| Article 2. Employees | 3350-3371 |
| Article 3. Dependents | 3501-3503 |
| Article 4. Employee Notice | 3550-3553 |
| CHAPTER 3. CONDITIONS OF COMPENSATION LIABILITY | 3600-3605 |
| CHAPTER 4. COMPENSATION INSURANCE AND SECURITY | |
| Article 1. Insurance and Security | 3700-3709.5 |
| Article 2. Uninsured Employers Fund | 3710-3732 |
| Article 2.5. Self-Insurers' Security Fund | 3740-3747 |
| Article 3. Insurance Rights and Privileges | 3750-3762 |
| Article 4. Construction Permit | 3800 |
| Article 5. Workers' Compensation Misrepresentations | 3820-3823 |
| CHAPTER 5. SUBROGATION OF EMPLOYER | 3850-3865 |
| CHAPTER 7. MEDICAL EXAMINATIONS | 4050-4056 |
| Article 2. Determination of Medical Issues | 4060-4068 |
| CHAPTER 8. ELECTION TO BE SUBJECT TO COMPENSATION LIABILITY | 4150-4157 |
| CHAPTER 9. ECONOMIC OPPORTUNITY PROGRAMS | |
| Article 1. General Provisions | 4201-4209 |
| Article 2. Benefits | 4211-4214 |
| Article 3. Adjustment of Claims | 4226-4350 |
| CHAPTER 10. DISASTER SERVICE WORKERS | 4351-4355 |
| CHAPTER 11. ASBESTOS WORKERS' ACCOUNT | |
| Article 1. General Provisions | 4401-4406 |
| Article 2. Benefits | 4407-4411 |
| Article 3. Collections | 4412-4418 |
| PART 2. COMPUTATION OF COMPENSATION | |
| CHAPTER 1. AVERAGE EARNINGS | 4451-4459 |
| CHAPTER 2. COMPENSATION SCHEDULES | |
| Article 1. General Provisions | 4550-4558 |
| Article 2. Medical and Hospital Treatment | 4600-4614.1 |
| Article 2.3. Medical Provider Networks | 4616-4616.7 |
| Article 2.5. Medical-Legal Expenses | 4620-4628 |
| Article 3. Disability Payments | 4650-4664 |
| Article 4. Death Benefits | 4700-4709 |
| Article 4.5. Public Official Death Benefits | 4720-4728 |
| Article 5. Subsequent Injuries Payments | 4751-4755 |
| Article 6. Special Payments to Certain Persons | 4800-4820 |
| Article 7. City Police and Firemen, Sheriffs, and Others | 4850-4856 |
| PART 3. COMPENSATION CLAIMS | |
| CHAPTER 1. PAYMENT AND ASSIGNMENT | 4900-4909.1 |
| CHAPTER 2. COMPROMISE AND RELEASE | 5000-5006 |
| CHAPTER 3. LUMP SUM PAYMENTS | 5100-5106 |
| PART 3.5. ARBITRATION | 5270-5278 |
| PART 4. COMPENSATION PROCEEDINGS | |
| CHAPTER 1. JURISDICTION | 5300-5318 |
| CHAPTER 2. LIMITATIONS OF PROCEEDINGS | 5400-5413 |
| CHAPTER 2.3. WORKERS' COMPENSATION--TRUTH IN ADVERTISING | 5430-5434 |
| CHAPTER 2.5. ADMINISTRATIVE ASSISTANCE | 5450-5455 |
| CHAPTER 3. APPLICATIONS AND ANSWERS | 5500-5507 |
| CHAPTER 4. ATTACHMENTS | 5600-5603 |
| CHAPTER 5. HEARINGS | 5700-5710 |
| CHAPTER 6. FINDINGS AND AWARDS | 5800-5816 |
| CHAPTER 7. RECONSIDERATION AND JUDICIAL REVIEW | |
| Article 1. Reconsideration | 5900-5911 |
| Article 2. Judicial Review | 5950-5956 |
| Article 3. Undertaking on Stay Order | 6000-6002 |
| DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED | |
| CHAPTER 1. GENERAL PROVISIONS | 6100-6101 |
| CHAPTER 2. DIRECT PAYMENTS | 6110-6115 |
| CHAPTER 3. INSURANCE | 6130-6131 |
| CHAPTER 4. BENEFITS AND PROCEDURE | 6140-6149 |
| DIVISION 4.7. RETRAINING AND REHABILITATION | 6200-6208 |
| DIVISION 5. SAFETY IN EMPLOYMENT | |
| PART 1. OCCUPATIONAL SAFETY AND HEALTH | |
| CHAPTER 1. JURISDICTION AND DUTIES | 6300-6332 |
| CHAPTER 2. EDUCATION AND RESEARCH | 6350-6359 |
| CHAPTER 2.5. HAZARDOUS SUBSTANCES INFORMATION AND TRAINING | |
| Article 1. General Provisions | 6360-6363 |
| Article 2. Definitions | 6365-6374 |
| Article 3. Hazardous Substances | 6380-6386 |
| Article 4. Duties | 6390-6399.2 |
| Article 5. Liability and Remedies | 6399.5-6399.7 |
| CHAPTER 3. RESPONSIBILITIES AND DUTIES OF EMPLOYERS AND EMPLOYEES | 6400-6413.5 |
| CHAPTER 4. PENALTIES | 6423-6436 |
| CHAPTER 5. TEMPORARY VARIANCES | 6450-6457 |
| CHAPTER 6. PERMIT REQUIREMENTS | 6500-6510 |
| CHAPTER 7. APPEAL PROCEEDINGS | 6600-6633 |
| CHAPTER 8. ENFORCEMENT OF CIVIL PENALTIES | 6650-6652 |
| CHAPTER 9. MISCELLANEOUS SAFETY PROVISIONS | 6700-6719 |
| PART 2. SAFEGUARDS ON RAILROADS | |
| CHAPTER 1. JURISDICTION | 6800-6802 |
| CHAPTER 2. OPERATION PERSONNEL | 6900-6910 |
| CHAPTER 3. SAFETY DEVICES | 6950-6956 |
| CHAPTER 4. TRAINS | 7000 |
| PART 3. SAFETY ON BUILDINGS | |
| CHAPTER 1. BUILDINGS UNDER CONSTRUCTION OR REPAIR | |
| Article 1. Floors and Walls | 7100-7110 |
| Article 2. Scaffolding | 7150-7158 |
| Article 3. Construction Elevators | 7200-7205 |
| Article 4. Structural Steel Framed Buildings | 7250-7267 |
| CHAPTER 2. ELEVATORS | 7300-7324.2 |
| CHAPTER 3. SAFETY DEVICES UPON BUILDINGS TO SAFEGUARD WINDOW CLEANERS | 7325-7332 |
| CHAPTER 4. AERIAL PASSENGER TRAMWAYS | 7340-7357 |
| CHAPTER 5. CRANES | |
| Article 1. Permits for Tower Cranes | 7370-7374 |
| Article 2. Certification | 7375-7384 |
| PART 4. MINING INDUSTRIES | |
| CHAPTER 3. UNDERGROUND TELEPHONES | 7500-7501 |
| PART 5. SHIPS AND VESSELS | 7600-7611 |
| PART 6. TANKS AND BOILERS | |
| CHAPTER 1. SCOPE OF CHAPTER AND GENERAL PROVISIONS | 7620-7626 |
| CHAPTER 2. ADMINISTRATION | 7650-7655 |
| CHAPTER 3. OPERATION OF TANKS AND BOILERS | 7680-7692 |
| CHAPTER 4. INSPECTION FEES | 7720-7728 |
| CHAPTER 5. OFFENSES | 7750 |
| CHAPTER 6. MISMANAGEMENT OF STEAM BOILERS | 7770-7771 |
| PART 7. VOLATILE FLAMMABLE LIQUIDS | 7800-7803 |
| PART 7.5. REFINERY AND CHEMICAL PLANTS | |
| CHAPTER 1. GENERAL | 7850-7853 |
| CHAPTER 2. PROCESS SAFETY MANAGEMENT STANDARDS | 7855-7870 |
| PART 8. AMUSEMENT RIDES SAFETY LAW | 7900-7915 |
| PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM | 7920-7932 |
| PART 9. TUNNEL AND MINE SAFETY | |
| CHAPTER 1. TUNNELS AND MINES | 7950-7964.5 |
| CHAPTER 2. GASSY AND EXTRAHAZARDOUS TUNNELS | 7965-7985 |
| CHAPTER 3. LICENSING AND PENALTIES | 7990-8004 |
| PART 10. USE OF CARCINOGENS | |
| CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS | 9000-9009 |
| CHAPTER 2. EXEMPTIONS | 9015 |
| CHAPTER 3. STANDARDS AND ADMINISTRATION | 9020-9022 |
| CHAPTER 4. REPORTING | 9030-9032 |
| CHAPTER 5. MEDICAL EXAMINATIONS | 9040 |
| CHAPTER 6. INSPECTIONS | 9050-9052 |
| CHAPTER 7. PENALTIES | 9060-9061 |
| PART 11. COMMERCIAL ESTABLISHMENTS | |
| CHAPTER 1. WORKING WAREHOUSES | 9100-9104 |
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 or repair of railroad equipment, and all other railroad employees with respect to occupational health, including, but not limited to, air contaminants, noise, sanitation and availability of drinking water. (b) The occupational safety and health of employees of rail rapid transit systems, electric interurban railroads, or street railroads. (c) The safety of employees of all other public utilities as defined in the Public Utilities Act. 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 affect the jurisdiction of the Public Utilities Commission over the construction, reconstruction, replacement, maintenance, or operation of the properties of public utilities or over any matter affecting the relationship between public utilities and their customers or the general public. 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 and prejudicially interferes with the construction or operation of any public utility affected thereby, or with the public, or with a consumer or other patron of a public utility affected thereby, the Public Utilities Commission, of its own motion, or upon application of any utility or person so affected, may suspend, modify, alter, or annul such order, decision, ruling, or direction of the commission. The action of the Public Utilities Commission shall supersede and control the order, decision, ruling, or direction of the division previously made.
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 settlement of labor controversies relating to the manning of trains should be made effective in California. Accordingly the award of the Federal Arbitration Board No. 282 appointed by President John F. Kennedy pursuant to Congressional Public Law 88-108 of August 28, 1963, providing for the elimination of excess firemen and brakemen on diesel powered freight trains, or awards made pursuant thereto, shall be made effective in this State. Said award was the culmination of the proceedings originating with the Presidential Railroad Commission which was appointed by President Dwight D. Eisenhower at the request of both railroad labor and management and reported to President Kennedy on February 26, 1962. Nothing contained in the laws of this State or in any order of any regulatory agency of this State shall prevent a common carrier by railroad from manning its trains in accordance with said award, in accordance with any federal legislation or awards pursuant thereto, or in accordance with any agreement between a railroad company and its employees or their representatives. 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 part of a main track or branch line, shall run or permit to be run, on any part of a main track or branch line, any passenger, mail, or express train on which there is not employed at least one conductor, one brakeman, and the following: (1) One engineer and one fireman for each diesel locomotive. (2) One electric motorman for each train propelled or run by electricity. (3) One motor or power control man for each train propelled by motive power other than diesel or electricity. (4) Two brakemen, where four or more cars, exclusive of railroad officers' private cars, are hauled. (5) One baggageman, except on a train upon which baggage is not hauled, and on gasoline motorcars. (b) This section does not apply to any diesel locomotive weighing 45 tons or less. (c) Paragraph (4) of subdivision (a) does not apply where its application would conflict with the terms of a collective bargaining agreement. (d) Subdivision (a) does not apply to the San Diego Metropolitan Transit Development Board or the North San Diego County Transit Development Board. (e) With respect to commuter train service provided by the San Diego Metropolitan Transit Development Board or the North San Diego County Transit Development Board, there shall be at least one qualified crewmember inside a train car set during revenue service. For the purpose of this subdivision, "revenue service" means service during which passengers are carried or are scheduled to be carried. 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 purposes of this section, "local agency" means any city, county, special district, or other public entity in the state, including a charter city or a charter county. (c) Except as otherwise provided by subdivision (e) of Section 6901, during revenue service provided by a local agency, or by any entity under contract with a local agency, there shall be in addition to the train operator at least one qualified employee inside a train car set of six or fewer coaches and at least two qualified employees inside a train car set of seven or more coaches. (d) (1) A request for proposal or request for bid to provide revenue service issued by a local agency shall require compliance with subdivision (c). (2) A contract to provide revenue service awarded by a local agency shall require compliance with subdivision (c). (3) If a court of competent jurisdiction determines that an entity receiving a request for proposal or request for bid from a local agency for revenue service is exempt from the requirements of this section, all other entities that received the same request for proposal or request for bid shall also be exempt from the requirements of this section in responding to that request for proposal or request for bid. (e) This section does not apply to heavy rail transit systems that are owned or operated by a public entity, or to light rail public transit systems. 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 moved in train under steam, unless the engine is disabled. 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 for service on such relief or wrecking train. 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 year's actual service as a locomotive engineer. (b) A conductor who has not had at least two years' actual service as a railroad brakeman in road service on steam or electric railroad other than street railway, or one year's actual service as a railroad conductor in road service. (c) A brakeman who has not passed the regular examination required by transcontinental railroads. 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 locomotives or motive power cars to and from engine houses or to the doing of work on steam locomotives or motive power cars at shops or engine-houses. 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 employees mentioned in this chapter. 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.
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 overhang of the roof of the cab of the engine and the top of the tender accompanying the engine is less than twenty-eight inches, an opening not less than twenty-four inches square shall be cut out in the overhang of the roof of the cab, for the purpose of enabling an engineman with safety to go from the cab of the engine to the top of the tender. 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 section 6950 is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) for each offense. Each day that such failure continues is a separate offense. 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 side of the cab extending from the front to the rear of the cab. Every engine cab other than one having front windows of not less than 14 inches in width and 42 inches in height shall be provided and equipped with a substantial and safe footboard, of not less than one and one-half inches, projecting outward from each side of the cab level with the floor and extending from the front to the rear of the cab. Any railroad company, or receiver thereof, which fails to comply with any provisions of this section is guilty of a misdemeanor, punishable by a fine of two hundred dollars ($200) for each offense. The provisions of this section shall not apply to any railroad company which issued in writing before July 2, 1921, and maintains in force, an order forbidding the engine or train crew to go from the engine cab to that portion of the engine in front of the cab while the cab is in motion. 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 motorman or engineer, or if there is no compartment, the window in front of the motorman shall be so equipped, if the following conditions concur: (a) The car or locomotive is built after the effective date of this section. (b) The car or locomotive is operated by an overhead wire. (c) The car or locomotive can exceed a speed of 45 miles per hour. 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 so equipped with laminated safety glass. 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 likelihood of injury to persons, by objects from external sources, or by glass when the glass is cracked or broken. 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 ($200) for each offense. Each day that any electric car is operated in interurban service or that any electric locomotive is operated, is a separate offense.
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 safety of the occupants of a caboose the conductor, in using a pusher engine, may place it ahead of the caboose. This section applies only to main line movements of over five miles. This section shall not prevent the use of an electric locomotive at the rear of any train. This section shall not apply in any case of casualty, unavoidable accident, or act of God; nor under circumstances which are the result of a cause not known to, and which could not have been foreseen by, the railroad corporation, or its officer or agent in charge of a train. This section shall not apply to the operation of wrecking, or relief trains.
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 construction. 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 flooring laid close together, or with other suitable material to protect workmen engaged in such building from falling through joists or girders, and from falling substances, whereby life or safety is endangered. 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 each floor before the commencement of work upon the walls of the second floor above or the commencement of work upon the floor of the next floor above. 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 the time prescribed above for reinforced concrete floors. Where single wooden floors are to be used, each floor shall be planked over within the time prescribed above for reinforced concrete floors. 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 be covered by three-inch planks without an intermediate beam. The intermediate beam shall be of a sufficient strength to sustain a live load of 50 pounds per square foot of the area supported. 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 work so that every man at work has a covered floor not more than two stories below. 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 least 25 pounds per square foot. 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 California Administrative Code, Construction Safety Orders of the Division of Occupational Safety and Health. 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 either, unless the planking or nets required by this article are in place. Violation of this section is a misdemeanor. 7110. The Division of Occupational Safety and Health shall enforce this article.
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 employee on the scaffolding might fall, it shall have a safety rail of wood or other equally rigid material of adequate strength. The rail shall comply with the applicable orders of the Division of Occupational Safety and Health. Suspended scaffolding shall be fastened so as to prevent the scaffolding from swaying from the building, or structure, or other object being worked on from the scaffolding. All parts of the scaffolding shall be of sufficient strength to support, bear, or withstand with safety any weight of persons, tools, appliances, or materials which might reasonably be placed on it or which are to be supported by it. 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 7151 in connection with construction, alteration, repairing, painting, cleaning or doing of any work upon any building or structure, shall: (a) Furnish safety lines to tie all hooks and hangers back on the roof of such building or structure. (b) Provide safety lines hanging from the roof, securely tied thereto, for all swinging scaffolds which rely upon stirrups of the single point suspension type to support the working platform. One such line shall be provided for each workman with a minimum of one line between each pair of hangers or falls. The standards board may adopt occupational safety and health standards different from the requirements of this section or grant variances from these requirements if the standards or variances provide equivalent or superior safety for employees. 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, or structure within this state is guilty of a misdemeanor who does any of the following: (a) Knowingly or negligently furnishes or erects, or causes to be furnished or erected for the performance of that labor, unsafe or improper scaffolding, slings, hammers, blocks, pulleys, stays, braces, ladders, irons, ropes, or other mechanical contrivances. (b) Hinders or obstructs any officer or inspector of the Division of Occupational Safety and Health attempting to inspect such equipment under the provisions of this article or any law or safety order of this state. (c) Destroys or defaces, or removes any notice posted thereon by any division officer or inspector, or permits the use thereof, after the equipment has been declared unsafe by the officer or inspector. 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 article. 7158. The division shall enforce the provisions of this article.
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 construction, when operated by any power other than muscular power. (b) "Building" includes structures of all kinds during the course of construction, regardless of the purposes for which they are intended and whether such construction be below or above the level of the ground. 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 which operates or controls the construction elevator. 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 for which the construction elevator is being used. The signaling devices provided shall be protected against unauthorized or accidental operation. 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 methods of signals and signaling devices and uniform signals to be used in this State under this article. 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 endangers the lives of the persons working in the immediate vicinity of the construction elevator, the division shall direct the person in charge thereof to remedy such defect. Such construction elevator shall not be used again until the order of the division is complied with. 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 hundred dollars ($100) and not more than one thousand dollars ($1,000), or imprisonment in the county jail for not less than 30 days and not more than six months, or both.
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 or areas such as, mill buildings, gymnasiums, auditoriums, hangars, arenas, or stadiums. 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, riveting, bolting, welding or painting is being done. For operations of short duration of exposure to falling, safety belts shall be required as set forth in Section 7265. 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 undressed. 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 shall be properly guarded. 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 sequence. 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 erector's personnel shall remove such plank successively, working toward the last panel of such floor, so that the work is always being done from the planked floor. 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 with life lines attached to a catenary line or other substantial anchorage. 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 during construction. This applies to the dead weight of the structure, plus weight and working reactions of all construction equipment placed thereon plus any external forces that may be applied. 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 California Administrative Code, Construction Safety Orders of the Division of Occupational Safety and Health. 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 either, unless the planking or nets required by this article are in place. Violation of this section is a misdemeanor. 7267. The Division of Occupational Safety and Health shall enforce this article.
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 feasible, the safety of the public and of workers with respect to conveyances covered by this chapter. (b) The use of unsafe or defective conveyances imposes a substantial probability of serious and preventable injury to employees and the public. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Therefore, this chapter also establishes minimum standards for persons operating or maintaining conveyances covered by this chapter. These standards include familiarity with the operation and safety functions of the components and equipment, and documented training or experience or both, which shall include, but not be limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with all legal requirements. (c) This chapter is not intended to prevent the division from implementing regulations, nor to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by the law, provided that there is technical documentation to demonstrate that the equivalency of the system, method, or device, is at least as effective as that prescribed in ASME A17.1, ASME A17.3, ASME A18.1, or ASCE 21. 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" means the Safety Code for Elevators and Escalators, an American National Standard, as adopted by the American Society of Mechanical Engineers. (c) "ASME A17.3" means the Safety Code for Existing Elevators and Escalators, an American National Standard, as adopted by the American Society of Mechanical Engineers. (d) "ASME A18.1" means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard, as adopted by the American Society of Mechanical Engineers. (e) "Automated people mover" has the same meaning as defined in ASCE 21. (f) "Board" or "standards board" means the Occupational Safety and Health Standards Board. (g) "Certified qualified conveyance company" means any person, firm, or corporation that (1) possesses a valid contractor's license if required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code and (2) is certified as a qualified conveyance company by the division in accordance with this chapter. (h) "Certified competent conveyance mechanic" means any person who has been determined by the division to have the qualifications and ability of a competent journey-level conveyance mechanic and is so certified by the division in accordance with this chapter. (i) "Conveyance" means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other equipment subject to this chapter. (j) "Division" means the Division of Occupational Safety and Health. (k) "Dormant elevator, dumbwaiter, or escalator" means an installation placed out of service as specified in ASME A17.1 and ASME A18.1. (l) "Elevator" means an installation defined as an "elevator" in ASME A17.1. (m) "Conveyance inspector" means any conveyance safety inspector of the division or other conveyance inspector determined by the division to be qualified pursuant to this chapter. (n) "Escalator" means an installation defined as an "escalator" in ASME A17.1. (o) "Existing installation" means an installation defined as an "installation, existing" in ASME A17.1. (p) "Full maintenance service contract" means an agreement by a certified competent conveyance company and the person owning or having the custody, management, or control of the operation of the conveyance, if the agreement provides that the certified competent conveyance company is responsible for effecting repairs necessary to the safe operation of the equipment and will provide services as frequently as is necessary, but no less often than monthly. (q) "Material alteration" means an alteration as defined in ASME A17.1 or A18.1. (r) "Moving walk" or "moving sidewalk" means an installation defined as a "moving walk" in ASME A17.1. (s) "Permit" means a document issued by the division that indicates that the conveyance has had the required safety inspection and tests and fees have been paid as set forth in this chapter. (t) "Temporary permit" means a document issued by the division which permits the use of a noncompliant conveyance by the general public for a limited time while minor repairs are being completed or until permit fees are paid. (u) "Repair" has the same meaning as defined in ASME A17.1 or A18.1. A "repair" does not require a permit. (v) "Temporarily dormant elevator, dumbwaiter, or escalator" means a conveyance, the power supply of which has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the "off" position. In the case of an elevator or dumbwaiter, the car shall be parked and the hoistway doors shall be in the closed and latched position. A wire seal shall be installed on the mainline disconnect switch by a conveyance inspector of the division. The wire seal and padlock shall not be removed for any purpose without permission from a conveyance inspector of the division. A temporarily dormant elevator, dumbwaiter, or escalator shall not be used again until it has been put in safe running order and is in condition for use. Annual inspections by a conveyance inspector shall continue for the duration of the temporarily dormant status. Temporarily dormant status may be renewed annually, but shall not exceed five years. After each inspection, the conveyance inspector shall file a report with the chief of the division describing the current condition of the conveyance. (w) The meanings of building transportation terms not otherwise defined in this section shall be as defined in the latest editions of ASME A17.1 and ASME A18.1. 7300.2. Except as provided in Section 7300.3, this chapter covers the design, erection, construction, installation, material alteration, inspection, testing, maintenance, repair, service, and operation of the following conveyances and their associated parts and hoistways: (a) Hoisting and lowering mechanisms equipped with a car or platform which move between two or more landings. This equipment includes, but is not limited to, the following: (1) Elevators. (2) Platform lifts and stairway chair lifts. (b) Power-driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, the following: (1) Escalators. (2) Moving walks. (c) Hoisting and lowering mechanisms equipped with a car which serve two or more landings and are restricted to the carrying of material by limited size or limited access to the car. This equipment includes, but is not limited to, the following: (1) Dumbwaiters. (2) Material lifts and dumbwaiters with automatic transfer devices. (d) Automatic guided transit vehicles on guideways with an exclusive right-of-way. This equipment includes, but is not limited to, automated people movers. 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 Standards Institute. (b) Mobile scaffolds, towers, and platforms within the scope of standard A92 as adopted by the American National Standards Institute. (c) Powered platforms and equipment for exterior and interior maintenance within the scope of standard 120.1 as adopted by the American National Standards Institute. (d) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of standard B30 as adopted by the American Society of Mechanical Engineers. (e) Industrial trucks within the scope of standard B56 as adopted by the American Society of Mechanical Engineers. (f) Portable equipment, except for portable escalators that are covered by standard A17.1 as adopted by the American National Standards Institute. (g) Tiering or piling machines used to move materials to and from storage located and operating entirely within one story. (h) Equipment for feeding or positioning materials, including that equipment used with machine tools or printing presses. (i) Skip or furnace hoists. (j) Wharf ramps. (k) Railroad car lifts or dumpers. (l) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing a conveyance by a contractor licensed in this state. 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 Standards Institute or the American Society of Mechanical Engineers or (b) included in regulations of the division, in effect immediately prior to January 1, 2003, prescribing conveyance safety orders. Work exempted pursuant to this section includes, but is not limited to, routine nonmechanical maintenance, such as cleaning panels and changing light fixtures. 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 effect and is kept posted conspicuously on the conveyance. Operation of a conveyance without a permit or failure to post the permit conspicuously shall constitute cause for the division to prohibit use of the conveyance, unless it can be shown that a request for issuance or renewal of a permit has been made and the request has not been acted upon by the division. 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 permit has been obtained from the division before the work is commenced. A copy of the permit shall be kept at the construction site at all times while the work is in progress and shall be made available for inspection upon request. This section shall not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317. (b) Before March 1, 2003, the division shall establish an application procedure and all requirements for a permit under this section, which shall include the following: (1) At a minimum, the applicant for a permit under this section shall meet all of the following requirements: (A) The applicant shall hold a current elevator contractor's license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (B) The applicant shall be a certified qualified conveyance company. (C) The applicant shall submit proof of the following types of insurance coverage, in the form of certified copies of policies or certificates of insurance: (i) Liability insurance to provide general liability coverage of not less than one million dollars ($1,000,000) for the injury or death of any one person or persons in any one occurrence, with coverage of not less than five hundred thousand dollars ($500,000) for property damage in any one occurrence. (ii) Workers' compensation insurance coverage. (D) In the event of any material alteration, nonrenewal, or cancellation of any insurance required by this subparagraph, the applicant or permitholder shall submit written notice thereof to the division within five working days. (2) At a minimum, each application for a permit under this section shall include all of the following: (A) Copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated, or altered; and all structural supporting members thereof, including foundations. The plans and specifications shall identify all materials to be employed and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design. (B) The name, residence, and business address of the applicant and each partner, or for a corporation, the principal officers and anyone who is authorized to accept service of process or official notices; the number of years the applicant has engaged in the business of constructing, erecting, installing, or altering conveyances; and the approximate number of persons to be employed on the permitted job. (C) The permit fee. (3) The division shall establish, and may from time to time amend, a fee for a permit under this section in an amount sufficient to defray the division's actual costs in administering the permit process, including the costs of investigation, revocation, or other associated costs. Permit fees collected by the division are nonrefundable. (c) (1) The permit shall expire when the work authorized by that permit is not commenced within six months after the date of issuance, or within a shorter period as the division may specify at the time the permit is issued. (2) The permit shall expire following commencement of work, if the permitholder suspends or abandons the work for a period of 60 days, or for a shorter period of time as the division may specify at the time the permit is issued. (3) Upon application and for good cause shown, the division may extend a permit that would otherwise expire under this subdivision. (d) The division may revoke any permit at any time, upon good cause, and after notice and an opportunity to be heard. 7301.5. (a) The standards board shall adopt regulations pertaining to conveyances, including, but not limited to, conveyance emergency and signal devices, and the operation of conveyances under fire and other emergency conditions. (b) Before January 1, 2003, the division shall establish an application procedure and all requirements for certification under this subdivision as an emergency certified competent conveyance mechanic. To ensure the safety of the public when a disaster or other emergency exists within the state and the number of certified competent conveyance mechanics in the state is insufficient to cope with the emergency, any certified qualified conveyance company may, within five business days after commencing work requiring certified competent conveyance mechanics, apply to the division, on behalf of all persons performing the work who are not certified competent conveyance mechanics, for certification as emergency certified competent conveyance mechanics. Any person for whom emergency certification is sought under this subdivision shall be certified by a certified qualified conveyance company to have an acceptable combination of documented experience and education to perform work covered by this chapter without direct and immediate supervision. The certified qualified conveyance company shall furnish proof of competency as the division may require. The division shall issue an emergency certified competent conveyance mechanic certificate upon receipt of acceptable documentation and payment of the required fee. Each certificate issued pursuant to this subdivision shall recite that it is valid for a period of 30 days from the date of issuance and for those particular conveyances and geographical areas as the division may designate, and otherwise shall entitle the person being certified to the rights and privileges of a certified competent conveyance mechanic as set forth in this chapter. The division shall renew an emergency certified competent conveyance mechanic certificate during the existence of the emergency. (c) Before January 1, 2004, the division shall establish an application procedure and all requirements for certification under this subdivision as a temporary certified competent conveyance mechanic. If there are no certified qualified conveyance mechanics available to perform elevator work, a certified qualified conveyance company may apply to the division for certification of one or more temporary certified competent conveyance mechanics. Any person seeking to work as a temporary certified competent conveyance mechanic shall, before beginning work, be approved by the division as having an acceptable combination of documented experience and education to perform work covered by this chapter without direct and immediate supervision. The certified qualified conveyance company shall furnish proof of competency as the division may require. The division may issue a temporary certified competent conveyance mechanic certificate upon acceptable documentation and payment of the required fee. Each certificate issued pursuant to this subdivision shall recite that it is valid for a period of 30 days from the date of issuance and while the certificate holder is employed by the certified qualified conveyance company that certified the individual as competent. The certificate shall be renewable as long as the shortage of certified competent conveyance mechanics continues. 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 misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than 10 days, or by both that fine and imprisonment. Each day of operation for each conveyance without a permit is a separate offense. Any person who has requested the issuance or renewal of a permit if the request has not been acted upon by the division may not be prosecuted for a violation of this section. 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 of Section 7301.1 is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (b) Any employer or contractor who contracts for or engages in the erection, construction, installation, or material alteration of a conveyance without a permit in violation of Section 7301.1 is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. 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 contracts for or authorizes the erection, construction, installation, or material alteration of a conveyance without a permit issued pursuant to Section 7301.1. 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 life or safety of any person, the division or any affected person may apply to the superior court of the county in which the conveyance is located for an injunction restraining the operation of the conveyance until the condition is corrected. Proof by certification of the division that a permit has not been issued, has expired, or has been revoked, together with the affidavit of any safety inspector of the division or other expert that the operation of the conveyance is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order. (b) No bond shall be required from the division as a prerequisite for the division to seek or obtain any restraining order under subdivision (a). (c) Any person who intentionally violates any injunction prohibiting the operation of the conveyance issued pursuant to subdivision (a) shall be liable for a civil penalty, to be assessed by the division, not to exceed seven thousand dollars ($7,000) for each violation. Each day of operation for each conveyance is a separate violation. 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 inspection to be in a safe condition for operation, a permit for operation for not longer than one year shall be issued by the division. (b) If a conveyance is subject to a full maintenance service contract, the division may, after investigation and inspection, issue a permit for operation for not longer than two years. 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 conveyance that are necessary to render it safe, and may prohibit its operation or use until the repairs or alterations are made or the unsafe conditions are removed. 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 charge of the conveyance may appear and show cause why he or she should not comply with the order. 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 with, or that other things should be done to make the conveyance safe, the division may order or confirm the withholding of the permit and may impose requirements as it deems proper for the repair or alteration of the conveyance or for the correction of the unsafe condition. The order may thereafter be reheard by the division or reviewed by the courts in the manner specified for safety orders by Part 1 (commencing with Section 6300) of this division, and not otherwise. (b) The operation of a conveyance by any person owning or having the custody, management, or control of the operation thereof, while an order to repair is outstanding pursuant to subdivision (a), is a misdemeanor punishable by a fine of not more than seven thousand dollars ($7,000), by imprisonment in the county jail for not more than 30 days, or by both that fine and imprisonment. Each day of operation for each conveyance without a permit is a separate offense. 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 temporary permit for its operation for a period not to exceed 30 days during the making of repairs or alterations. 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 insurance company. 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 by the division or certified as qualified by the division. (b) Before March 1, 2003, the division shall establish an application procedure and all requirements for the certification of conveyance inspectors. Each application for certification shall include information as the division may require and the applicable fee. At a minimum, the applicant shall present proof of certification as a qualified conveyance inspector by the American Society of Mechanical Engineers or proof of education and experience equivalent to what is required to obtain that certification from the American Society of Mechanical Engineers. 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 municipality, upon proof to the satisfaction of the division that the safety requirements of the municipality are equal to the minimum safety requirements for conveyances adopted by the board. 7311. All persons inspecting conveyances shall first secure from the division a certificate of competency to make those inspections. The division may determine the competency of any applicant for the certificate, either by examination or by other satisfactory proof of qualifications. The division may rescind at any time, upon good cause being shown therefor, and after hearing, if requested, any certificate of competency issued by it to a conveyance inspector. 7311.1. (a) On and after June 30, 2003, no conveyance subject to this chapter shall be erected, constructed, installed, materially altered, tested, maintained, repaired, or serviced by any person, firm, or corporation unless the person, firm, or corporation is certified by the division as a certified qualified conveyance company. A copy of the certificate shall be kept at the site of the conveyance at all times while any work is in progress, and shall be made available for inspection upon request. However, certification under this section is not required for removing or dismantling conveyances that are destroyed as a result of the complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and no access is permitted that would endanger the safety of any person. This section does not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317. (b) Before March 1, 2003, the division shall establish an application procedure and all requirements for certification under this section as a certified qualified conveyance company, consistent with this section. At a minimum, the individual qualifying on behalf of a corporation, the owner on behalf of a sole ownership, or the partners on behalf of a partnership, shall meet either of the following requirements: (1) Five years' work experience at a journeyperson level in the conveyance industry in construction, installation, alteration, testing, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be verified by current and previously licensed elevator contractors or by current and previously certified qualified conveyance companies. (2) Satisfactory completion of a written examination administered by the division on the most recent applicable codes and standards. (c) At a minimum, each application for certification as a certified qualified conveyance company shall include: (1) The name, residence and business address, and telephone numbers and other means to contact the sole owner or each partner, or for a corporation of the principal officers and the individual qualifying for the corporation; the number of years the applicant business has engaged in the business of constructing, maintaining, and service and repair of conveyances; and other information as the division may require. (2) The fee required by this chapter. (d) Before bidding for or engaging in any work covered by this chapter, a certified qualified conveyance company shall submit proof to the division by certified copies of policies or certificates of insurance, of all of the following: (1) Liability insurance providing general liability coverage of not less than one million dollars ($1,000,000) for injury or death of any one person or persons in any one occurrence, with coverage of not less than five hundred thousand dollars ($500,000) for property damage of any one person or persons in any one occurrence. (2) Workers' compensation insurance coverage. (3) In the event of any material alteration or cancellation of any policy specified in paragraph (1) or (2), the certified qualified conveyance company shall provide written notice thereof to the division within five working days. (e) An elevator company subject to this chapter shall disclose its status as a certified qualified conveyance company prior to bidding on a project or prior to contracting for services. The disclosure shall be in writing and located in a conspicuous place on the bid documents or contract in at least 10-point type. 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, installs, alters, tests, maintains, services or repairs, removes, or dismantles any conveyance covered by this chapter, shall be certified as a certified competent conveyance mechanic by the division. This section does not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317. (b) Before March 1, 2003, the division shall establish an application procedure and all requirements for certification under this section as a certified competent conveyance mechanic, consistent with all of the following: (1) At a minimum, a certified competent conveyance mechanic applicant shall meet both of the following requirements: (A) Three years' work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be verified by current and previously licensed elevator contractors or by current and previously certified qualified conveyance companies, as required by the division. (B) One of the following: (i) Satisfactory completion of a written examination administered by the division on the most recent applicable codes and standards. (ii) A certificate of completion and successfully passing the mechanic examination of a nationally recognized training program for the conveyance industry, such as the National Elevator Industry Educational Program or its equivalent. (iii) A certificate of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and which program shall be registered with the Bureau of Apprenticeship and Training of the United States Department of Labor or a state apprenticeship council. (iv) A certificate or license from another state having standards substantially equal to or more comprehensive than those of this chapter. (v) The applicant applies on or before December 31, 2003, and within the three years immediately prior to January 1, 2003, has documented at least three years of actual work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be as a journey-level mechanic working without direct and immediate supervision, and shall be verified by currently and previously licensed conveyance contractors or by current and previously certified qualified conveyance companies, as required by the division. (2) At a minimum, each application for certification as a certified competent conveyance mechanic shall include the information required by the division and the fee required by this chapter. 7311.25. (a) The following meanings apply for purposes of this section: (1) "Agricultural production, processing, and handling facilities" includes grain elevators, feed mills, flour mills, rice mills, rice dryers, and other similar facilities. (2) "Applicable Elevator Safety Orders" means the Elevator Safety Orders referenced in Subchapter 6 (commencing with Section 3000) of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations, and any successors to those orders. (b) Notwithstanding Section 7311.2 or any other provision of this chapter, an owner or operator of agricultural production, processing, and handling facilities may designate a competent person in his or her employ to maintain, repair, service, lubricate, or test manlifts installed and used at the facilities if the manlifts are maintained and inspected in accordance with applicable Elevator Safety Orders. The designated competent person need not be a certified competent conveyance mechanic. 7311.3. (a) A certificate issued by the division to the certified qualified conveyance inspector, certified qualified conveyance company, or certified competent conveyance mechanic as set forth in Sections 7309.1, 7311.1, and 7311.2, shall have a term of two years. The fee for biennial renewal shall be established by the division in an amount sufficient to defray the division's costs of administering this chapter. (b) The renewal of all certificates issued under this chapter shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of certificate holders on new and existing provisions of the regulations of the board. This continuing education course shall consist of not less than eight hours of instruction that shall be attended and completed within one year immediately preceding any certificate renewal. (c) The courses shall be taught by instructors through continuing education providers that may include, but not be limited to, division programs, association seminars, and joint labor-management apprenticeship and journeyman upgrade training programs. The division shall approve the continuing education providers and curriculum. All instructors shall be approved by the division and shall be exempt from the requirements of subdivision (b), provided that the applicant is qualified as an instructor at any time during the one-year period immediately preceding the scheduled date for renewal. (d) A certificate holder who is unable to complete the continuing education course required under this section prior to the expiration of his or her certificate due to a temporary disability may apply for a waiver from the division. Waiver applications shall be submitted to the division on a form provided by the division. Waiver applications shall be signed and accompanied by a declaration signed by a competent physician attesting to the applicant's temporary disability. Upon the termination of the temporary disability, the certificate holder shall submit to the division a declaration from the same physician, if practicable, attesting to the termination of the temporary disability, and a waiver sticker, valid for 90 days, shall be issued to the certificate holder and affixed to his or her certificate. (e) Continuing education providers approved by the division shall keep uniform records, for a period of 10 years, of attendance of certificate holders, following a format approved by the division. These records shall be available for inspection by the division at its request. Approved continuing education providers shall keep secure all attendance records and certificates of completion. Falsifying or knowingly allowing another to falsify attendance records or certificates of completion of continuing education provided pursuant to this section shall constitute grounds for suspension or revocation of the approval required under this section. 7311.4. (a) The division shall establish fees for initial and renewal applications for certification under this chapter as a certified qualified conveyance inspector, certified qualified conveyance company, or certified competent conveyance mechanic based upon the actual costs involved with the certification process, including the cost of developing and administering any tests as well as any costs related to continuing education, investigation, revocation, or other associated costs. (b) Fees collected pursuant to this chapter are nonrefundable. 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 marine terminals as part of crane maintenance activities qualifies as a certified qualified conveyance company under Section 7311.1 if the individual qualifying individually or on behalf of the firm or corporation has five years' work experience at a journeyperson level in the crane maintenance industry, including experience in the maintenance and repair of crane elevators. This experience shall be verified by a person, firm, or corporation in the business of maintaining and repairing cranes in marine terminals. (b) A person qualifies as a certified competent conveyance mechanic under Section 7311.2 if the person has three years' work experience in the crane maintenance industry, including experience in the maintenance and repair of crane elevators, as a journey-level mechanic without direct and immediate supervision. This experience shall be verified by a crane maintenance company approved as a certified qualified conveyance company pursuant to subdivision (a). (c) The certifications obtained pursuant to this section may only be used for the limited purposes of maintaining and repairing special purpose personnel elevators on cranes that utilize a rack and pinion system in marine terminals. (d) A person, firm, or corporation that qualifies for certification as a certified qualified conveyance company or certified competent conveyance mechanic is not authorized to perform any of the following procedures: (1) Any work on a conveyance other than a special purpose personnel elevator on cranes that utilize a rack and pinion system in marine terminals. (2) Any work related to new elevator installations. (3) Any modifications or alterations of existing elevator systems. (4) Testing or replacing of emergency brakes, centrifugal brakes, emergency safety devices, or electrical systems. (5) Annual certifications of any type of conveyance or elevator. (e) The certifications authorized by this section require experience but do not require an examination because the general examination given pursuant to this chapter is inapplicable to the work described in this section. The division is not required to set up specialty examinations to certify persons pursuant to this chapter. (f) For purposes of this section, the following terms shall have the following meanings: (1) "Special purpose personnel elevators" shall have the same meaning as defined in Section 3085 of Title 8 of the California Code of Regulations. (2) "Marine terminal" shall have the same meaning as used in Section 3460 of Title 8 of the California Code of Regulations. (g) Nothing in this section exempts a person, firm, or corporation applying for certification as a certified qualified conveyance company or a certified competent conveyance mechanic under this section from paying the administration fees required under this chapter. 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 inspection. Failure to comply with this section shall be grounds for the division to cancel his or her certificate. 7314. (a) The division may fix and collect fees for the inspection of conveyances as it deems necessary to cover the actual costs of having the inspection performed by a division safety engineer, including administrative costs, and the costs related to regulatory development as required by Section 7323. An additional fee may, in the discretion of the division, be charged for necessary subsequent inspections to determine if applicable safety orders have been complied with. The division may fix and collect fees for field consultations regarding conveyances as it deems necessary to cover the actual costs of the time spent in the consultation by a division safety engineer, including administrative and travel expenses. (b) Notwithstanding Section 6103 of the Government Code, the division may collect the fees authorized by subdivision (a) from the state or any county, city, district, or other political subdivision. (c) Whenever a person owning or having the custody, management, or operation of a conveyance fails to pay the fees required under this chapter within 60 days after the date of notification, he or she shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of the fee. Failure to pay fees within 60 days after the date of notification constitutes cause for the division to prohibit use of the conveyance. (d) Any fees required pursuant to this section shall be set forth in regulations that shall be adopted as emergency regulations. These emergency regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the provisions of the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These regulations shall become effective immediately upon filing with the Secretary of State. (e) For purposes of this section, the date of the invoice assessing a fee pursuant to this section shall be considered the date of notification. 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. No fee may be charged by the division where an inspection has been made by an inspector of an insurance company or municipality if that inspector holds a certificate as a conveyance inspector and an inspection report is filed with the division within 21 days after inspection is made. 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 division's conveyance safety program. The division shall establish criteria upon which fee charges are based and prepare an annual report concerning revenues obtained and expenditures appropriated for the conveyance safety program. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, and the Department of Finance. 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 government. (2) Conveyances located in a single-unit private home and not accessible to the public. (3) Conveyances located in a multiunit residential building serving no more than two dwelling units and not accessible to the public. (b) Conveyances otherwise exempted pursuant to paragraph (3) of subdivision (a) shall be inspected by the division upon completion of installation prior to being placed in service or after major alterations. The inspection shall be for safety and compliance with orders or regulations applicable to the type of conveyance installed. 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 misdemeanor punishable by a fine not exceeding fifty dollars ($50) for each offense. 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 operation of a conveyance, who operates the conveyance without a permit or who fails to conspicuously post the permit in the conveyance. No penalty shall be assessed against any person who has requested the issuance or renewal of a permit and the request has not been acted upon by the division. 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 control of the operation of a conveyance, who operates or permits the operation of the conveyance in a condition that is dangerous to the life or safety of any person, or who operates or permits the operation of the conveyance in violation of an order prohibiting use issued pursuant to Section 7301, 7305, or 7314. (b) The division shall issue an order prohibiting use and may assess a civil penalty not to exceed seventy thousand dollars ($70,000) against any person who constructs, installs, or materially alters a conveyance without a permit issued pursuant to Section 7301.1 that is dangerous to the life or safety of any person. 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 person owning or having custody, management, or control of the operation of a conveyance who receives a citation and notice of civil penalty may appeal to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319. 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 subdivision (b) of Section 7321, the person owning or having custody, management, or operation of the conveyance may contest the order and shall be granted, upon request, a hearing to review the validity of the order. The hearing shall be held no later than 10 working days following receipt of the request for hearing. (b) After a notice is attached as provided in Section 7305 or subdivision (b) of Section 7321, every person who enters or uses, or directs or causes another to enter or use, any conveyance before it is made safe, or who defaces, destroys, or removes the notice without the authority of the division, is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (c) After a notice is attached for failure to comply with the requirements of Section 7301 or 7314, every person who enters or uses, or directs or causes another to enter or use, any conveyance before it is made safe, or who defaces, destroys, or removes the notice without the authority of the division, is guilty of a misdemeanor punishable by a fine of not more than seven thousand dollars ($7,000), imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. 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 later than December 31, 2003, the division shall propose final rulemaking proposals to the standards board for review and adoption, which shall include provisions at least as effective as ASME A17.1, ASME A17.3, ASME A18.1, and ASCE 21, as in effect prior to September 30, 2002. Not later than nine months after the effective date of any revision or any substantive revision to any addendum to these codes, the division shall propose additional final rulemaking proposals to the standards board for review and adoption at least as effective as those in the revised code or addendum. The standards board shall notice the division's final rulemaking proposals for public hearing within three months of their receipt and shall adopt the proposed regulations promptly and in accordance with subdivision (b) of Section 11346.4 of the Government Code. 7324. Individuals, firms, or companies certified as described in this chapter shall ensure that installation, service, and maintenance of conveyances are performed in compliance with the provisions contained in the State Fire Prevention and Building Code and with generally accepted standards referenced in that code. 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, maintaining, erecting, constructing, installing, altering, testing, or repairing any conveyance or other related mechanisms covered by this chapter for damages to any person or property caused by any defect therein. 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 required to comply with the applicable standards in effect on the date of its installation or within the period determined by the board for compliance with ASME A17.3, whichever is more stringent.
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, including commercial buildings of all types, office buildings, apartment houses, hotels and buildings used for manufacturing purposes, but excluding dwelling houses occupied by not more than three families, and excluding all buildings constructed with windows that may be, and are, entirely washed and cleaned from inside the building or from a sitting position on the window sill in the manner provided by safety orders issued, or which may be issued from time to time, by the division. 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 may be fastened safety belts or other devices to be used, or which may hereafter be used by persons engaged in cleaning windows. The division shall, prior to the installation of any such bolts, lugs, rings, fittings, or other devices, approve such bolts, lugs, rings, fittings, or other devices as to their design, durability, and safety. Except as provided in Section 18930 of the Health and Safety Code, the division shall by appropriate rules and orders designate the manner in which said safety devices are to be attached, installed, and used. 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 safeguard persons engaged in cleaning windows. 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 7326 and 7327 shall be guilty of a misdemeanor. 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, or agreement for a period of less than one year, of any building heretofore constructed shall, within six months following the effective date of this chapter, install and provide the safety devices as provided for in this chapter, and thereafter maintain such safety devices in good condition. Any person failing to install or provide and maintain said safety devices as provided for in this chapter shall be guilty of a misdemeanor. 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 maintain such devices in good condition, shall be guilty of a misdemeanor. 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 chapter. The division shall give notice to the owner or person entitled to possession of any building that is existing in violation of this chapter or of any rules issued under this chapter. Failure of the person so notified to comply with this chapter and rules issued under it, within 15 days, shall be authority for the division to proceed against such person as authorized in this chapter. 7332. The division shall enforce the provisions of this chapter.
7340. As used in this chapter: (a) "Aerial passenger tramway" includes any method or device used primarily for the purpose of transporting persons by means of cables or ropes suspended between two or more points or structures. (b) "Permit" means a permit issued by the division to operate an aerial passenger tramway in any place. 7341. No aerial passenger tramway shall be operated in any place in this state unless a permit for the operation thereof is issued by the division, and unless such permit remains in effect and is kept posted conspicuously in the main operating terminal of the tramway. 7342. The operation of an aerial passenger tramway by any person owning or having the custody, management, or operation thereof without a permit is a misdemeanor, and each day of operation without a permit is a separate offense. No prosecution shall be maintained where the issuance or renewal of a permit has been requested and remains unacted upon. 7343. Whenever an aerial 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 or safety of any person, the division, or any person affected thereby, may apply to the superior court of the county in which the aerial passenger tramway is located for an injunction restraining the operation of the aerial passenger tramway until the condition is corrected. Proof by certification of the division that a permit has not been issued, together with the affidavit of any safety engineer of the division that the operation of the aerial passenger tramway is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order. 7344. (a) The division shall cause all aerial passenger tramways to be inspected at least two times each year. (b) At least one of the inspections required by subdivision (a) shall take place between November 15 of each year and March 15 of the succeeding year. (c) If an aerial passenger tramway is found upon inspection to be in a safe condition for operation, a permit for operation for not longer than one year shall be issued by the division. 7345. If inspection shows an aerial passenger tramway to be in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the aerial passenger tramway which are necessary to render it safe, and may order the operation or use thereof discontinued until the repairs or alterations are made or the unsafe conditions are removed. 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 charge of the aerial passenger tramway may appear and show cause why he should not comply with the order. 7347. If it thereafter appears to the division that the aerial passenger tramway is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make such aerial passenger tramway safe, the division may order or confirm the withholding of the permit and may make such requirements as it deems proper for its repair or alteration or for the correction of such unsafe condition. Such order may thereafter be reheard by the division or reviewed by the courts in the manner specified for safety orders by Part 1 of this division and not otherwise. 7348. If the operation of an aerial passenger tramway during the making of repairs or alterations is not immediately dangerous to the safety of employees or others, the division may issue a temporary permit for the operation thereof for not to exceed 30 days during the making of repairs or alterations. 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 7354.5 and employed by a licensed insurance company. A temporary permit for operation may be issued by a division engineer or by the qualified insurance inspector, on a form furnished by the division, under conditions of Sections 7348 and 7351. 7350. (a) The division may fix and collect fees for the inspection of aerial passenger tramways as it deems necessary to cover the actual cost of having the inspection performed by a division safety engineer. The division may not charge for inspections performed by certified insurance inspectors, but may charge a fee of not more than ten dollars ($10) to cover the cost of processing the permit when issued by the division as a result of the inspection. Notwithstanding Section 6103 of the Government Code, the division may collect the fees authorized by this section from the state or any county, city, district, or other political subdivision. (b) Whenever a person owning or having custody, management, or operation of an aerial passenger tramway fails to pay any fee required under this chapter within 60 days after the date of notification by the division, the division shall assess a penalty fee equal to 100 percent of the initial fee. For purposes of this section, the date of the invoice fixing the fee shall be considered the date of notification. 7351. Fees shall be paid before issuance of a permit to operate an aerial passenger tramway, except that the division, at its own discretion, may issue a temporary operating permit not to exceed 30 days, pending receipt of payment of fees. 7352. All fees collected by the division under this chapter shall be deposited into the Elevator Safety Account to support the division' s aerial passenger tramway inspection program. 7353. No aerial passenger tramway shall be constructed or altered until the plans and design information have been properly certified to the division by an engineer qualified under the Civil and Professional Engineers Act (Chapter 7, commencing with Section 6700, of Division 3 of the Business and Professions Code). Any person who owns, has custody of, manages, or operates an aerial passenger tramway shall notify the division prior to any major repair of such tramway. 7354. The division shall not issue an operating permit to operate an aerial passenger tramway until it receives certification in writing by an engineer qualified under the Civil and Professional Engineers Act (Chapter 7, commencing with Section 6700, of Division 3 of the Business and Professions Code) that the erection work on such tramway has been completed in accordance with the design and erection plans for such tramway. 7354.5. 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 to be inspected, by a qualified, licensed professional engineer who is registered in California pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, any aerial passenger tramway used as a ski lift, the division may, if it finds such inspections were made according to the provisions of subdivisions (a) and (b) of Section 7344, accept such inspections in lieu of any other inspections for that year, except that the initial inspection of a new ski lift or of a major alteration to an existing ski lift shall be performed by a division safety engineer. Such private inspector shall, before commencing his duties therein, secure from the division a certificate of competency to make such inspections. The division may determine the competency of any applicant for such certificate, either by examination or by other satisfactory proof of qualification. The division may rescind at any time, upon good cause being shown therefor, and after hearing, if requested, any certificate of competency issued by it to a ski lift inspector. The inspection reports made to the division shall be in such form and content as the division may find necessary for acceptance as a proper inspection made by such private inspector. 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 an aerial passenger tramway to report to the division each known incident where the maintenance, operation, or use of such tramway results in injury to any person, unless such injury does not require medical service other than ordinary first aid treatment. 7357. The division shall establish standards for the qualification of persons engaged in the operation of aerial passenger tramways, whether as employees or otherwise. The standards shall be consistent with the general objective of this chapter in providing for the safety of members of the public who use aerial passenger tramways and those engaged in their operation.
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 pervasive that safety inspections shall be a continuing priority with regard to all tower cranes in the state. 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 the hoisting mechanism is an integral part of the machine. It may be driven manually or by power and may be a fixed or a mobile machine, but does not include stackers, lift trucks, power shovels, backhoes, excavators, concrete pumping equipment, or straddle type mobile boat hoists. (b) "Straddle type mobile boat hoist" means a straddle type carrier supported by four wheels with pneumatic tires capable of straddling and carrying boats with high masts and superstructure. (c) "Tower crane" means a crane in which a boom, swinging jib, or other structural member is mounted on a vertical mast or tower. (d) "Mobile tower crane" means a tower crane which is mounted on a crawler, truck, or similar carrier for travel or transit. (e) "Crane employer" means an employer who is responsible for the maintenance and operation of a tower crane. (f) "Certificating agency" shall have the same definition as in Section 4885 of Title 8 of the California Code of Regulations. 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 cranes operated in the state. This safety program shall include: (1) Safety inspection of tower cranes twice a year. (2) Increased penalties for the violation of tower crane safety orders and standards. (3) Permit fees as described in Section 7373. 7373. (a) No tower crane shall be operated at any worksite unless an employer obtains a permit from the division. The division shall conduct an investigation for purposes of issuing a permit in an expeditious manner. If the division does not issue a permit within 10 days after being requested to do so by a crane employer, the crane employer may operate the crane without a permit. (b) The division shall set a fee to be charged for these permits in an amount sufficient to cover the cost of funding the issuance of the permits and the safety engineers as provided by subdivision (a) of Section 7372. (c) The permit for a fixed tower crane shall be valid for the period of time that the tower crane is fixed to the site. (d) The permit for a mobile tower crane shall be valid for one calendar year. 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 disregard of any occupational safety standard or order involving the crane. (b) The permit of the crane shall be suspended or revoked for a six-month period for first-time suspensions or revocations, and for a one-year period for each subsequent suspension or revocation. The division shall establish a suspension and revocation hearing procedure and appeal process.
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 cranes shall be certified annually and whenever they are erected on a new site. (b) These regulations shall specify the procedure for licensing the certificating agencies or agents to conduct certification inspections, and shall establish specific criteria for licensure as a certifier, including a written examination. (c) No individual may certify a crane in which the individual or his or her employer has a direct or indirect financial interest, nor may an individual certify equipment that belongs to his or her employer. An individual may not certify equipment or devices that he or she has manufactured or helped to manufacture, if the equipment is owned by his or her employer. However, this subdivision shall not prohibit any of the following: (1) The licensure of certifiers who are employed by insurance carriers that insure the specific crane. (2) Except with respect to certification of tower cranes, the licensure of certifiers who are employed by an electrical, gas, or telephone corporation, as defined in Sections 218, 222, and 234, respectively, of the Public Utilities Code, or a municipal utility serving a city having a population of 3,000,000 or more, that is issued a certificate of self-insurance pursuant to Article 3 (commencing with Section 16050) of Chapter 1 of Division 7 of the Vehicle Code and that is a self-insured employer under Article 1 (commencing with Section 3700) of Chapter 4 of Division 4 of this code. (d) The certificating agency shall attest that it tested or examined the device or equipment and found it to meet the requirements of the division. (e) The certificating agency shall notify the division of any deficiencies found during the crane certification inspection. A certificate shall not be issued until all deficiencies are corrected. 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, or fraud in the certification of a crane. (2) Willful or deliberate disregard of any occupational safety standard while certifying a crane. (3) Misrepresentation of a material fact in applying for, or obtaining, a license to certify under this chapter. (4) Upon a showing of good cause. (b) The period of suspension or revocation shall be for six months for a first suspension or revocation, and one year for each subsequent suspension or revocation. The certificating agency shall obtain a new license from the division following a suspension or revocation. The division shall establish a hearing procedure and an appeal process for license suspensions and revocations. 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 7375 is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both. 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 to this chapter. Any violation of this section shall be punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both. 7380. The division may collect fees for the examination and licensing of crane certifiers as necessary to cover the actual costs, including administrative costs. All fees collected by the division under this chapter shall be paid into the General Fund. 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 special order, or by any failure to correct a serious violation of a crane standard, order, or special order within the time specified for its correction, the employer shall be assessed a civil penalty in an amount equal to double the maximum penalty allowable for each violation contributing to the injury or death. (b) Notwithstanding any provision of this division, any employer who violates any tower crane standard, order, or special order, if that violation is a serious violation, shall be assessed a civil penalty of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) for each serious violation. The penalty shall not be reduced for any of the reasons listed in Section 6319. 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," without a safety representative of the crane manufacturer, distributor, or a representative of a licensed crane certifier being present on site for consultation during the procedure. The standards board shall adopt a regulation making failure to provide the designated safety representative a serious violation of a safety order. Local governmental entities may restrict the hours during which these procedures may be performed. 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 made to the division on forms provided by the division. The division shall maintain the confidentiality of this information. (b) The division shall consider the violations of safety and health orders and standards of the previous business identities when assessing penalties against a crane employer for current violations. (c) For purposes of this section "business identities" means current and previous business affiliations in the construction industry which involve the use of cranes. These shall include, but not be limited to, fictitious business names and corporate names. (d) The purpose of this section is to enable the division to get a complete safety record of crane employers when assessing penalties for the violation of safety orders. 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 Legislative Analyst, the Joint Legislative Audit Committee, the Department of Finance, and the appropriate policy committees of the Legislature.
7500. In all mines operated in the State where a depth of more than five hundred feet underground has been reached, a telephone system shall be established, equipped and maintained by the owners or lessees of the mine with stations at each working level below the depth aforesaid, communicating with a station on the surface of the mine. 7501. The failure or refusal of any owner or lessee to install or maintain such telephone system is a misdemeanor.
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 who is in charge of a ship or vessel while it is being loaded or unloaded, and such ship or vessel has a carrying capacity of 50 tons or greater, shall employ and supply upon every ship or vessel while being loaded or unloaded, a person over the age of 18 years to act as signalman or hatch-tender whose sole duty it shall be to observe the operations of loading or unloading of each working hatch on such ship or vessel, and to warn all persons engaged in the operation of loading or unloading of any possibility of injury to any of the articles of which the cargo is composed, or of danger to any person in or about the ship or vessel while it is being loaded or unloaded. 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 carrying capacity. Material, when stored, shall be piled, stacked, or racked in a manner designed to prevent it from tipping, falling, collapsing, rolling or spreading. Racks, bins, planks, sleepers, bars, strips, blocks, sheets, shall be used when necessary to make the piles stable. 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 active service for movement of cargo therefrom to vessels. This section shall not apply to any pier designed with depressed spur tracks on at least one side, on which cargo is worked between rail cars and ships but not in the narrow wharf area between depressed tracks and pier edge. 7605. The employer shall require that tools, machinery, gear and other equipment subject to wear be inspected at adequate intervals and unsafe conditions corrected. If tools, machinery, gear or equipment are found to be defective or otherwise unsafe, employees shall report the same to the person in charge of work who shall have it discarded, marked and so placed that it cannot be used again until made safe. 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 when spanning the space between the dock or the unloading platform and the vehicle. The dock plate, together with its securing devices, where used over spans of different lengths, shall be of such construction as will readily obtain rigid security over such spans. The dock plates shall be so constructed and maintained that when they are secured in position the end edges of the plate shall be in substantial contact with dock or loading platform, and with the vehicle bed in such manner as to prevent rocking or sliding. 7607. Internal combustion engine-driven equipment shall be operated inside of buildings or enclosed structures only when such operation does not result in harmful exposure to concentration of dangerous gases or fumes in excess of maximum acceptable concentrations. Exhaust pipes shall be installed in such a manner that the exhaust products shall be discharged so as not to be a hazard to the operators. 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.
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; provided, however, that for the purpose of shop inspection, "tank" shall mean any unfired pressure vessel built according to the rules of any nationally recognized pressure vessel code. 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 or which may be hereafter adopted. 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 in household domestic services. (c) Tanks of 1 1/2 cubic feet or less which are not subject to a pressure of more than 150 pounds per square inch. (d) Air pressure tanks supplied with air by the same air compressor which supplies air for the brakes of any motor vehicle or streetcar, which units of transportation are operated by any person, firm, or corporation subject to the jurisdiction of the United States Department of Transportation or the California Highway Patrol. (e) Tanks not subject to an internal or external pressure or more than 15 pounds per square inch, irrespective of size. 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 boilers operated by employers not subject to Division 4 of this code. (b) Boilers on which the pressure does not exceed 15 pounds per square inch. (c) Automobile boilers and boilers on road motor vehicles. 7626. This part does not limit the authority of the division to prescribe or enforce general or special safety orders.
7650. Inspections required by this part shall be made either by qualified safety engineers employed by the division or by certified inspectors; provided, however, that shop inspections shall be made by the division, acting through its qualified safety engineers when request therefor is made by any manufacturer of tanks or boilers. (a) As used in this chapter a "certified inspector" is one who is qualified to make inspections or examinations of boilers or tanks according to the rules under which the vessel is constructed, who has an unrevoked certificate of competency issued pursuant to this part, and who is employed by any one of the following: (1) A county. (2) A city. (3) An insurer. (4) An employer, for the purpose of inspecting only tanks and boilers under his jurisdiction. (b) As used in this chapter a "qualified safety engineer" is one who is qualified to make inspections or examinations of boilers or tanks according to the rules under which the vessel is constructed. Such qualification is to be determined by a written examination prescribed by the division. 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 boilers under his jurisdiction need not be a citizen or an elector. 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 made forthwith to the division by telegraph or telephone within twenty-four hours. Within twenty-one days after each routine inspection, every certified inspector shall forward a report of his inspection, on prescribed forms, to the division. His certificate of competency may be suspended or revoked by the division for failure to comply with this section. 7655. The division shall prepare and adopt regulations in accordance with the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, designed to promote safety with respect to the installation and operation of vendor facilities for the storage and pumping of compressed or liquefied natural gas and liquefied petroleum gas into vehicles.
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) Any air pressure tank which contains 25 cubic feet or less and is not subject to pressure of more than 150 pounds per square inch and any liquefied petroleum gas tank used for storage, except a tank used for dispensing purposes as part of a dispensing unit, which contains 575 gallons or less shall be inspected or caused to be inspected by the division when the tank is initially placed into service if the tank is constructed, inspected and stamped in compliance with the American Society of Mechanical Engineers (ASME) Code, or the design, material, and construction of the tank is approved by the division as equivalent to the ASME Code. (c) "Dispensing unit," as used in this section, means a stationary liquefied petroleum gas installation, other than a bulk plant, from which a product is dispensed, for final utilization, into mobile fuel tanks or portable cylinders. 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 grant extensions to permit the interval between internal inspections to be increased to a maximum interval of 36 months where operating experience and design of the boiler has demonstrated to the satisfaction of the division that equivalent safety will be maintained. For other classes of boilers, the division shall establish internal inspection intervals which will ensure the safety of people working in the vicinity of the boiler. In determining the intervals, the division shall consider such factors as the design and construction of the boilers and the conditions under which they operate. External inspection shall be made of all boilers at the time of the internal inspection and at any other intervals as are deemed necessary by the division acting through qualified safety engineers and certified inspectors. 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 the case of a tank, the permit shall continue in effect for not longer than five years, except for any tank specified in subdivision (b) of Section 7681. (c) In the case of a tank specified in subdivision (b) of Section 7681, the permit shall remain in effect as long as the tank is in compliance with applicable provisions of this part and regulations contained in Title 8 of the California Administrative Code. A new inspection and permit for operation shall be required whenever there is a change in ownership and permanent location of the tank or there is an alteration or change in the tank which affects the tank's safety. This subdivision applies to any permit in effect on the effective date of this subdivision as well as to any permit issued after such date. Notwithstanding any other provision of law, an insurer is not liable for any permit issued prior to the effective date of this subdivision for any tank specified in subdivision (b) of Section 7681 for any period of time exceeding the period for which the last permit was issued. (d) In the case of a boiler, the permit shall continue in effect for a period which is not longer than one year. 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 alterations to be made to it as are necessary to render it safe, and may order its use discontinued until the repairs or alterations are made or the dangerous or unsafe condition is remedied. 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 charge of the tank or boiler may appear and show cause why he should not comply with the order. 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 with, or that other things should be done to make the tank or boiler safe, the division may order or confirm the withholding of the permit and may make such requirements as it deems proper for the repair or alteration of the tank or boiler, or the correction of the dangerous and unsafe conditions. 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 engineers or any person affected thereby, may apply to the superior court of the county in which the tank or boiler is situated for an injunction restraining its operation until the condition has been corrected. 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 that its operation constitutes a menace to the life or safety of any person employed about it, is sufficient proof to warrant the immediate granting of a temporary restraining order.
7720. No fee shall be charged by the division where an inspection is made by a certified inspector; provided, the inspection has been made and reports have been submitted within the time limits specified in this part. 7721. (a) The division may fix and collect fees for the shop, field, and resale inspection of tanks and boilers and for consultations, surveys, audits, and other activities required or related to national standards concerning the design or construction of boilers or pressure vessels or for evaluating fabricator's plant facilities when these services are requested of the division by entities desiring these services. The division may fix and collect the fees for the inspection of pressure vessels as it deems necessary to cover the actual costs of having the inspection performed by a division safety engineer, including administrative costs. An additional fee may, in the discretion of the division, be charged for necessary subsequent inspections to determine if applicable safety orders have been complied with. (b) The division may charge a fee of not more than fifteen dollars ($15) to cover the cost of processing a permit. (c) The division may fix and collect fees for field consultations regarding pressure vessels as it deems necessary to cover the actual costs of the time spent in the consultation by a division safety engineer, including administrative expenses. (d) Whenever a person owning or having the custody, management, or operation of a pressure vessel fails to pay the fees required under this chapter within 60 days after notification, he or she shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of the fee. (e) Any fees required pursuant to this section shall be embodied in regulations which shall be adopted as emergency regulations. These emergency regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the provisions of the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These regulations shall become effective immediately upon filing with the Secretary of State. 7722. The inspection fees collected under this chapter shall be paid into the Pressure Vessel Account, which is hereby created, to be used for the administration of the division pressure vessel safety program. The division shall establish criteria upon which fee charges are based and prepare an annual report concerning revenues obtained and expenditures appropriated for the pressure vessel safety program. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, and the Department of Finance. 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 less. (b) "Large tank" shall mean any tank of more than 1,200 gallons water capacity. (c) "Shop inspection" shall mean the inspection and testing of tanks or boilers, manufactured, or in the process of manufacture, repair, or alteration, in the manufacturer's shops, or at the jobsite, in accordance with the applicable rules of the respective codes under which they are manufactured. (d) "Field inspection" shall mean the inspection and testing of installed tanks or boilers or both tanks and boilers, regardless of location. (e) "Resale inspection" shall mean the inspection of boilers or tanks in the possession of a dealer or vendor at the request of a user who contemplates the purchase thereof. 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 shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of such fee. For the purposes of this section, the date of the invoice shall be considered the date of notification.
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 boiler who operates it without a permit issued pursuant to this part is guilty of a misdemeanor. The operation of a tank or boiler without a permit constitutes a separate offense for each day that it is so operated.
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, railway, or other mechanical works, who wilfully, or from ignorance or from gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby human life is endangered, is guilty of a felony. 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, or other mechanical works, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is caused, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
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 Fahrenheit, and includes any petroleum or liquid product of petroleum or natural gas while at a temperature above its flash point. Flash points shall be as determined by means of the Tag Closed Tester, Designation D56-36 American Society for Testing Materials, or the Pensky-Martens Closed Tester, Designation D93-42 American Society for Testing Materials. 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 Safety and Health, Department of Industrial Relations, State of California. 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 liquid in sufficient quantity and under conditions affording opportunity for the person or clothing becoming ignited shall provide adequate means of extinguishment whereby such employee may extinguish flames on his person or clothing.
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 chemical handling in other states, a greater state effort is required to assure worker safety. The Legislature also recognizes that a key element for assuring workplace safety is adequate employee training. The potential consequences of explosions, fires, and releases of dangerous chemicals may be catastrophic; thus immediate and comprehensive government action must be taken to ensure that workers in petroleum refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented. 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 Health and Safety (OSHA) promote worker safety through implementation of training and process safety management practices in petroleum refineries and chemical plants and other facilities deemed appropriate. (b) To the maximum extent practicable, the board and the division shall minimize duplications with other state statutory programs and business reporting requirements when developing standards pursuant to Chapter 2 (commencing with Section 7855). (c) It is further the intent of the Legislature, in enacting this part, that in the interest of promoting worker safety, standards be adopted at the earliest reasonably possible date, but in no case later than July 1, 1992. 7853. For the purposes of this part, "process safety management" means the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. Process safety management is intended to prevent or minimize the consequences of catastrophic releases of acutely hazardous, flammable, or explosive chemicals.
7855. The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment of process safety management standards are intended to eliminate, to a substantial degree, the risks to which workers are exposed in petroleum refineries, chemical plants, and other related manufacturing facilities. 7856. No later than July 1, 1992, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle acutely hazardous material as defined in subdivision (a) of Section 25532 and subdivision (a) of Section 25536 of the Health and Safety Code and pose a significant likelihood of accident risk, as determined by the board. Alternately, upon making a finding that there is a significant likelihood of risk to employees at a facility not included in Codes 28 and 29 resulting from the presence of acutely hazardous materials or explosives as identified in Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations, the board may require that these facilities be subject to the jurisdiction of the standards provided for in this section. When adopting these standards, the board shall give priority to facilities and areas of facilities where the potential is greatest for preventing severe or catastrophic accidents because of the size or nature of the process or business. The standards adopted pursuant to this section shall require that injury prevention programs of employers subject to this part and implemented pursuant to Section 6401.7 include the requirements of this part. 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 and understand the hazards posed by processes involving acutely hazardous and flammable material. The employer shall provide for employee participation in this process. This safety information shall be communicated to employees involved in the processes, and shall include information pertaining to hazards of acutely hazardous and flammable materials used in the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. A copy of this information and communication shall be accessible to all workers who perform any duties in or near the process area. 7859. The employer shall perform a hazard analysis for identifying, evaluating, and controlling hazards involved in the process. The employer shall provide for the participation of knowledgeable operating employees in these analyses. The final report containing the results of the hazardous analysis for each process shall be available, in the respective work area, for review by any person working in that area. Upon request of any worker or any labor union representative of any worker in the area, the employer shall provide or make available a copy of any risk management prevention program prepared for that facility pursuant to Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code. The board, when adopting a standard or standards pertaining to this section, may authorize employers to submit risk management prevention programs prepared pursuant to Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code to satisfy related requirements in whole or in part. 7860. (a) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each process consistent with the process safety information. (b) A copy of the operating procedures shall be readily accessible to employees or to any other person who works in or near the process area. (c) The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. 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 in a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in Section 7860. The training shall include emphasis on the specific safety and health hazards, procedures, and safe practices applicable to the employee's job tasks. (b) Refresher and supplemental training shall be provided to each operating or maintenance employee, or both, and other worker necessary to ensure safe operation of the facility and on a recurring regular schedule as determined adequate by the board. (c) The employer shall ensure that each worker necessary to ensure safe operation of the facility has received and successfully completed training as specified by this section. The employer, after the initial or refresher training shall prepare a certification record which contains the identity of the employee, the date of training, and the signature of the person conducting the training. Testing procedures shall be established by each employer to ensure competency in job skill levels and safe and healthy work practices. 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 the contractor's work and the process, and require that contractors have trained their employees to a level adequate to safely perform their job. The employer shall also inform contractors of any applicable safety rules of the facility, and assure that the contractors have so informed their employees. (b) The employer shall explain to contractors the applicable provisions of the emergency action plan required by Section 7868. (c) Contractors shall assure that their employees have received training to safely perform their jobs and that these employees will adhere to all applicable work practices and safety rules of the facility. 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 process safety information. These reviews shall include knowledgeable operating employees. 7864. The employer shall establish and implement written procedures and inspection and testing programs to maintain the ongoing integrity of process equipment. These programs shall include a process for allowing employees to identify and report potentially faulty or unsafe equipment, and to record their observations and suggestions in writing. The employer shall respond regarding the disposition of the employee's concerns contained in the reports in a timely manner. 7865. The employer shall develop and implement a written procedure governing the issuance of "hot work" permits. "Hot work" includes electric or gas welding, cutting, brazing, or similar flame- or spark-producing operations. 7866. The employer shall establish and implement written procedures to manage changes, except for replacements in kind, to process chemicals, technology, and equipment, and to make changes to facilities. 7867. The employer shall establish a written procedure for investigating every incident which results in, or, as determined by board criteria, could reasonably have resulted in, a major accident in the workplace. The procedure shall, at a minimum, require that a written report be prepared and be provided to all employees whose work assignments are within the facility where the incident occurred at the time the incident occurred and shall also include establishing a method for dealing with findings and recommendations. 7868. The employer shall establish and implement an emergency action plan. The employer may use the business plan for emergency response submitted pursuant to subdivision (a) of Section 25503.5 and subdivision (b) of Section 25505 of the Health and Safety Code if it meets the standards adopted by the board. 7870. Notwithstanding the availability of federal funds to carry out the purposes of this part, the division may fix and collect reasonable fees for consultation, inspection, adoption of standards, and other duties conducted pursuant to this part. The expenditure of these funds shall be subject to appropriation by the Legislature in the annual Budget Act.
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 course for the purpose of giving its passengers amusement,
pleasure, thrills, or excitement. "Amusement ride" includes the
business of operating bungee jumping services or providing services
to facilitate bungee jumping, but does not include slides, playground
equipment, coin-operated devices or conveyances which operate
directly on the ground or on the surface or pavement directly on the
ground or the operation of amusement devices of a permanent nature.
The division shall determine the specific devices which are amusement
rides for the purposes of this part. This determination shall be
made to apply equally to all operators of similar or identical rides
and shall be made pursuant to a procedure promulgated by the
standards board.
(b) "Operator" or "owner" means a person who owns or controls or
has the duty to control the operation of an amusement ride. It
includes the state and every state agency, and each county, city,
district, and all public and quasi-public corporations and public
agencies therein.
(c) "Permit" means a document issued by the division which
indicates that an inspection of the ride has been performed pursuant
to rules and regulations adopted by the division.
7902. The division shall promulgate and formulate rules and
regulations for adoption by the Occupational Safety and Health
Standards Board for the safe installation, repair, maintenance, use,
operation, and inspection of all amusement rides as the division
finds necessary for the protection of the general public using
amusement rides. The rules and regulations shall be in addition to
the existing applicable safety orders and will be concerned with
engineering force stresses, safety devices, and preventative
maintenance. Nothing in this chapter shall limit the authority of the
division to prescribe or enforce general or special safety orders.
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 engineer qualified under the Civil and
Professional Engineers Act (Chapter 7 (commencing with Section 6700)
of Division 3 of the Business and Professions Code) that such
amusement ride meets the requirements established by the division for
amusement rides.
7904. (a) The division may fix and collect fees for the inspection
of amusement rides that it deems necessary to cover the actual cost
of having the inspection performed by a division safety engineer. The
division may not charge for inspections performed by certified
insurance inspectors or an inspector for a public entity, but may
charge a fee of not more than ten dollars ($10) to cover the cost of
processing the permit when issued by the division as a result of the
inspection. All fees collected by the division under this section
shall be deposited into the Elevator Safety Account to support the
division's portable amusement ride inspection program.
(b) The division shall annually prepare and submit to the Division
of Fairs and Expositions within the Department of Food and
Agriculture, a report summarizing all inspections of amusement rides
and accidents occurring on amusement rides. This annual report shall
also contain all route location information submitted to the division
by permit applicants.
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, or by a qualified inspector who is
approved by the division and employed by an insurance company or a
public entity.
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 for a permit to the division or a
public entity on a form furnished by the division and containing such
information as the division may require. Each application shall
specifically include a route list for the ride for the permit year,
which shall include the name of each town or city, street location,
and dates of operation of the ride at each location. A route list may
be revised at any time, but a ride may not be operated at a
particular location unless notification of the revision has been
given previously to the division or public entity issuing the permit.
All amusement rides shall be inspected before they are originally
put into operation for the public's use and thereafter at least once
every year, unless authorized to operate on a temporary permit.
Amusement rides may also be inspected each time they are disassembled
and reassembled.
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 to operate.
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 any amusement ride, the
operator shall file with the division or a public entity a notice of
his intention and any plans or diagrams requested by the division.
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. Operation shall not resume
until such conditions are corrected to the satisfaction of the
division
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 with the rules and regulations of the
division.
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 the application of such rules or
regulations if the spirit of the rules and regulations shall be
observed and the public safety is secure. Any operator may make a
written request to the division stating his grounds and applying for
such modification. Any authorization by the division shall be in
writing and shall describe the conditions under which the
modifications are permitted. A record of all modifications shall be
kept in the division and open to the public.
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 Department of Insurance to do business
in the state, or by a nonadmitted insurer employed by a surplus lines
broker licensed by the Department of Insurance, in an amount of not
less than five hundred thousand dollars ($500,000) until January 1,
2009, and, effective on and after January 1, 2009, one million
dollars ($1,000,000) per occurrence insuring the owner or operator
against liability for injury suffered by persons riding the amusement
ride.
7913. Nothing contained in this part shall prevent cities,
counties, and cities and counties from regulating carnivals or
amusement rides, nor prevent them from enacting legislation more
restrictive than this part with respect to carnivals or amusement
rides.
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, operation, or use of the amusement
ride results in any of the following:
(1) A fatality.
(2) A loss of consciousness or other injury to a person which
requires medical service other than ordinary first aid treatment.
(3) Major mechanical failure. For purposes of this section, "major
mechanical failure" means the stoppage of operation resulting from
or in a structural failure, a mechanical or electrical failure of a
drive or control system component, or a failure of a restraint system
that significantly compromises ride safety. "Major mechanical
failure" does not include a foreseeable malfunction that activates a
safety system.
(4) A patron falling from a moving ride or from a ride that has
temporarily stopped in an elevated position.
(b) If a fatality, reportable injury, or major mechanical failure,
as defined in subdivision (a),is caused by the failure, malfunction,
or operation of an amusement ride, the equipment or conditions that
caused the accident shall be preserved for the purpose of
investigation by the division.
(c) In addition to the report by telephone required under
subdivision (a), an operator of an amusement ride shall submit a
written accident report to the division within 24 hours of an
incident on a form designated by the division.
(d) A division inspector may inspect an amusement ride upon
receipt of the report of an incident.
(e) Whenever a state, county, or local fire or police agency is
called to an accident involving an amusement ride covered by this
part in which a serious injury or illness, or death occurs, the
nearest office of the division shall be notified by telephone
immediately by the responding agency.
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 to this part shall be guilty of a
misdemeanor.
(b) Whenever an owner or operator of any amusement ride fails to
pay any fee required under Section 7904 within 60 days after
notification, the owner or operator shall pay, in addition to the fee
required, a penalty fee equal to 100 percent of the required fee.
For purposes of this section, the date of the invoice shall be
considered the date of notification.
(c) The division shall not issue any permit to any owner or
operator of any amusement ride who fails to pay any fee until the fee
is paid.
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, 6, 7, and 8 of ASTM F770-06,
Standard Practice for Ownership and Operation of Amusement Rides and
Devices, adopted by the American Society for Testing and Materials,
as amended or as may be amended from time to time and as the division
deems appropriate, and the injury prevention program required under
Section 6401.7.
(b) The owner of an amusement ride shall maintain all of the
records necessary to demonstrate that the requirements of subdivision
(a) have been met, including employee training records and
maintenance, repair, inspection, and injury and illness records for
each amusement ride, as specified in ASTM F770-06 referenced in
subdivision (a). On and after January 1, 2009, the owner of an
amusement ride shall make the records available to a division
inspector upon request.
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 regulation promulgated under this
part, and that the violation resulted in a death or reportable injury
as specified in Section 7914, the division shall impose on that
owner or operator a civil penalty of not less than five thousand
dollars ($5,000) and not more than twenty-five thousand dollars
($25,000).
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 some other manner as deemed
appropriate by the division. An owner or operator who receives a
citation and penalty may appeal the citation and penalty to the
Occupational Safety and Health Appeals Board in a manner consistent
with that specified in Section 6319.
7919. The division shall adopt rules and regulations necessary for
the administration of this part, including, the reporting
requirements established under Section 7914.
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 and may be cited as the Permanent Amusement Ride Safety Inspection Program. 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 or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Permanent amusement ride" includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances that operate directly on the ground or on a surface or pavement directly on the ground. The division shall determine the specific devices that are permanent amusement rides for the purposes of this part. This determination shall be made to apply equally to all operators of similar or identical rides and shall be made pursuant to a procedure promulgated by the standards board. (b) "Operator" or "owner" means a person who owns or controls or has the duty to control the operation of an amusement ride. It includes the state and every state agency, and each county, city, district, and all public and quasi-public corporations and public agencies therein. (c) "Qualified safety inspector" means either of the following: (1) A person who holds a valid professional engineer license issued by this state or issued by an equivalent licensing body in another state, and who has been approved by the division as a qualified safety inspector for permanent amusement rides. (2) A person who documents to the satisfaction of the division that he or she meets all of the following requirements: (A) The person has a minimum of five years experience in the amusement ride field, at least two years of which were involved in actual amusement ride inspection with a manufacturer, government agency, amusement park, carnival, or insurance underwriter. (B) The person completes not less than 15 hours per year of continuing education at a school approved by the division, which education shall include inservice industry or manufacturer updates and seminars. (C) The person has completed at least 80 hours of formal education during the past five years from a school approved by the division for amusement ride safety. Nondestructive-testing training, as determined by the division, may be substituted for up to one-half of the 80 hours of education. 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 the operating entity is not primarily engaged in providing amusement, pleasure, thrills, or excitement. (b) Museums or other institutions principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts. (c) Skating rinks, arcades, laser or paint ball war games, indoor interactive arcade games, bowling alleys, miniature golf courses, mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis, paddle boats, air boats, helicopters, airplanes, parasails, hot air balloons, whether tethered or untethered, theaters, amphitheaters, batting cages, stationary spring-mounted fixtures, rider-propelled merry-go-rounds, games, slide shows, live animal rides, or live animal shows. (d) Permanent amusement rides operated at a private event that are not open to the general public and not subject to a separate admission charge. 7923. (a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe installation, repair, maintenance, use, operation, and inspection of all permanent amusement rides as the division finds necessary for the protection of the general public using permanent amusement rides. The rules and regulations shall be in addition to the existing applicable safety orders and will be concerned with engineering force stresses, safety devices, and preventative maintenance. Nothing in this part shall limit the authority of the division to prescribe or enforce general or special safety orders. (b) It is the Legislature's intent that the rules and regulations adopted pursuant to this part be consistent with those adopted by the Occupational Safety and Health Standards Board for traveling amusement rides, to the extent that those rules and regulations are found to be appropriate. 7924. (a) On an annual basis, each owner of a permanent amusement ride shall submit to the division a certificate of compliance on a form prescribed by the division, which shall include the following: (1) The legal name and address of the owner and his or her representative, if any, and the primary place of business of the owner. (2) A description of, the name of the manufacturer of, and, if given by the manufacturer, the serial number and model number of, the permanent amusement ride. (3) A written declaration, executed by a qualified safety inspector, stating that, within the preceding 12-month period, the permanent amusement ride was inspected by the qualified safety inspector and that the permanent amusement ride is in material conformance with the requirements of this section and all applicable rules and regulations adopted by the division and standards board. (b) The owner of multiple permanent amusement rides at a single site may submit a single certificate of compliance that provides the information required by subdivision (a) for each permanent amusement ride at that site. (c) A certificate of compliance shall not be required until one year following the promulgation of any rules or regulations by the division governing the submission of the certificates. (d) No person shall operate a permanent amusement ride that has been inspected by a qualified safety inspector or division inspector and found to be unsafe, unless all necessary repairs or modifications, or both, to the ride have been completed and certified as completed by a qualified safety inspector. (e) For the purposes of satisfying this section, a qualified safety inspector shall meet the requirements in subdivision (c) of Section 7921 and shall be certified by the division. Each qualified safety inspector shall be recertified every two years following his or her initial certification. A qualified safety inspector may be an in-house, full-time safety inspector of the owner of the permanent amusement ride, an employee or agent of the insurance underwriter or insurance broker of the permanent amusement ride, an employee or agent of the manufacturer of the amusement ride, or an independent consultant or contractor. (f) The owner of a permanent amusement ride shall maintain all of the records necessary to demonstrate that the requirements of this section have been met, including, but not limited to, employee training records, maintenance, repair, and inspection records for each permanent amusement ride, and records of accidents of which the operator has knowledge, resulting from the failure, malfunction, or operation of a permanent amusement ride, requiring medical service other than ordinary first aid, and shall make them available to a division inspector upon request. The owner shall make those records available for inspection by the division during normal business hours at the owner's permanent place of business. The owner, or representative of the owner, may be present when the division inspects the records. In conjunction with an inspection of records conducted pursuant to this subdivision, the division shall conduct an inspection of the operation of the rides at the permanent amusement park. (g) Upon receipt of a certificate of compliance, the division shall notify the owner of the permanent amusement ride or rides for which a certificate is submitted whether the certificate meets all the requirements of this section, and if not, what requirements must still be met. (h) The division shall, in addition to the annual inspection performed by the division pursuant to subdivision (f), inspect the records for a permanent amusement ride or the ride, or both, under either of the following circumstances: (1) The division finds that the certificate of compliance submitted pursuant to this section for the ride is fraudulent. (2) The division determines, pursuant to regulations it has adopted, that a permanent amusement ride has a disproportionately high incidence of accidents required to be reported pursuant to Section 7925. (i) The division shall conduct its inspections with the least disruption to the normal operation of the permanent park. 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 maintenance, operation, or use of the permanent amusement ride results in a death or serious injury to any person unless the injury does not require medical service other than ordinary first aid. If a death or serious injury results from the failure, malfunction, or operation of a permanent amusement ride, the equipment or conditions that caused the accident shall be preserved for the purpose of an investigation by the division. (b) A division inspector may inspect any permanent amusement ride after the report of an accident to the division. The division may order a cessation of operation of a permanent amusement ride if it is determined after inspection to be hazardous or unsafe. Operation shall not resume until these conditions are corrected to the satisfaction of the division. (c) Whenever a state, county, or local fire or police agency is called to an accident involving a permanent amusement ride covered by this part where a serious injury or death occurs, the nearest office of the division shall be notified by telephone immediately by the responding agency. 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 amusement ride provides an insurance policy in an amount not less than one million dollars ($1,000,000) per occurrence insuring the owner or operator against liability for injury or death to persons arising out of the use of the permanent amusement ride. (2) The owner of the permanent amusement ride provides a bond in an amount not less than one million dollars ($1,000,000), except that the aggregate liability of the surety under that bond shall not exceed the face amount of the bond. (3) The owner of a permanent amusement ride meets a financial test of self-insurance, as prescribed by rules and regulations promulgated by the division, to demonstrate financial responsibility covering liability for injury suffered by patrons riding the permanent amusement ride. (b) The insurance policy or bond shall be obtained from one or more insurers or sureties licensed by the Department of Insurance to do business in this state, or by a nonadmitted insurer employed by a surplus lines broker licensed by the Department of Insurance. 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 standards adopted by the American Society for Testing Materials, Committee F770-03, Section 4.1.3, and Committee F853-93, Section 6.2, as amended or as may be amended from time to time, and the injury prevention program required under Section 6401.7. 7928. The division shall adopt rules and regulations necessary for the administration of this part. The division may employ qualified safety inspectors as necessary for the purposes of this part. 7929. (a) The division may fix and collect all fees necessary to cover the cost of administering this part. Fees shall be charged to a person or entity receiving the division's services as provided by this part or by regulations adopted pursuant to this part, including, but not limited to, approvals, determinations, certifications and recertifications, receipt and review of certificates, and inspections. In fixing the amount of these fees, the division may include a reasonable percentage attributable to the general cost of the division for administering this part. Notwithstanding Section 6103 of the Government Code, the division may collect these fees from the state or any county, city, district, or other political subdivision. (b) Effective June 30, 2007, all fees collected pursuant to this section shall be deposited into the Elevator Safety Account to support the Permanent Amusement Ride Safety Inspection Program. All moneys in the Permanent Amusement Ride Safety Inspection Fund as of that date shall be transferred to the Elevator Safety Account to be used for the same purpose, and any outstanding liabilities and encumbrances of the fund shall become liabilities and encumbrances payable from the Elevator Safety Account. 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 any rule or regulation promulgated under this part, and that violation results in a death or serious injury as specified in Section 7925, the division shall impose on that owner or operator a civil penalty of not less than twenty-five thousand dollars ($25,000) and not more than seventy thousand dollars ($70,000). 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 who receives a citation and penalty may appeal the citation and penalty to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319. 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 political subdivision of the state that, as of April 1, 1998, has adopted the provisions of Chapter 66 (commencing with Section 6601.1) of the 1994 Uniform Building Code providing for the routine inspection of permanent amusement rides by the county or other political subdivision of the state, provided that the division determines that these inspections meet or exceed the inspection standards set forth in this part. (b) If the county or other political subdivision suspends, revokes, or otherwise vacates its standards for permanent amusement rides, any permanent amusement ride located within the county or other political subdivision shall be subject to the inspection standards set forth in this part.
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 covered under the compressed air safety orders adopted by the Occupational Safety and Health Standards Board and manhole construction. (b) "Tunnel" means an underground passageway, excavated by men and equipment working below the earth's surface, that provides a subterranean route along which men, equipment, or substances can move. (c) "Mine" means any excavation or opening above or below ground used for removal of ore, minerals, gravel, sand, rock, or other materials intended for manufacturing or sale. It shall include quarries and open pit operations, other than a gravel pit or other pit where material is removed by a contractor or other person for his own use and not for sale to others. The term "mine" shall not include a mine that is operated exclusively by persons having a proprietary interest in such mine or by persons who are paid only a share of the profits from the mine, nor shall it include during any calendar year, any mine that produced less than five thousand dollars ($5,000) in ore, minerals, sand, rock, or other material during the preceding calendar year. (d) "Access shaft" means a vertical shaft used as a regular means of worker access to underground mines and tunnels under construction, renovation, or demolition. (e) "Lower explosive limit" means the lowest concentration at which a gas or vapor can be ignited or will explode. (f) "Face" means the head of the tunnel where soil is being removed, or that area in a mine where digging is underway. (g) "Muck" means excavated dirt, rock, or other material. (h) "Permissible equipment" means equipment tested and approved by the U.S. Bureau of Mines or acceptable to other authorities recognized by the division, and acceptable by the division, which is safe for use in gassy or extrahazardous tunnels or underground mines. (i) "Division" means the Division of Occupational Safety and Health. (j) "Board" means the Occupational Safety and Health Standards Board. (k) "Underground mine" means a mine that consists of a subterranean excavation. 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 six inspections of tunnels under construction annually. 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 industrial hygiene engineer and one chemist. A laboratory for analysis of dust, gas, vapors, soil, or other materials shall be available to members of this unit. Contracts to provide for geological and other services may be signed by the division whenever it is necessary to assure safety for employees engaged in mining or tunnel work. 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 started at any mines or tunnels. A prejob safety conference shall be held with an authorized representative of the division for all underground operations. Representatives of the tunnel or mine owner, the employer, and employees shall be included in the prejob safety conference. The division shall classify all tunnels or underground mines operating on the effective date of this section, or which commence operation thereafter, as one of the classifications set forth in subdivisions (a) to (d), inclusive. Such classification shall be made prior to the request for bids on all public works projects, whenever possible. This shall not, however, prevent the division from reclassifying such mines or tunnels when conditions warrant it. (a) Nongassy, which classification shall be applied to tunnels or underground mines where there is little likelihood of encountering gas during the construction of the tunnel or operation of an underground mine. Such tunnels shall be constructed or underground mines operated under regulations, rules, and orders developed by the division and board and approved by the board. This subdivision shall not prohibit the division chief or his representatives from establishing any special orders that they feel are necessary for safety. (b) Potentially gassy, which classification shall be applied to tunnels or underground mines where there exists a possibility gas will be encountered. (c) Gassy, which classification shall be applied to tunnels or underground mines where it is likely gas will be encountered. Special safety measures, including those set forth in Sections 7965 to 7976, inclusive, those established by the division and board and adopted by the board, or special orders written by the chief or his representatives shall be observed in construction of gassy tunnels in addition to regular rules, orders, special orders, or regulations. (d) Extrahazardous, which classification may, when the division finds that there is a serious danger to the safety of the employees, be applied to tunnels or underground mines where gas or vapors have caused an explosion or fire, where the likelihood of encountering petroleum vapors exists, or where tests show, with normal ventilation, a concentration of hydrocarbon petroleum vapors in excess of 20 percent of the lower explosive limit within three inches of the roof, face, floor, or walls of any open workings. Construction in extrahazardous tunnels or operation in extrahazardous underground mines shall conform to safety measures set forth in Sections 7977 to 7985, inclusive, any rules, regulations, orders, or special orders of the division, or any special rules, orders, or regulations adopted by the board. The division shall not be required to reclassify any tunnel or underground mine that is shut down seasonally, when such tunnel or underground mine is put back into operation in not less than six months after date of the shutdown. 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 the division for that job. A notice of the classification and any special orders, rules, or regulations to be used in construction, remodeling, demolition, or operation of the tunnel or underground mine shall be prominently posted at the site. 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 underground mine, shall be provided to local fire and rescue units, to the division, and to every employee at the place of employment. 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 time. Smaller mines shall have one man for each 10 men underground who receives annual training in the use of breathing apparatus. Two trained crews shall be provided at mines with more than 50 men underground and at tunnels with more than 25 men underground. 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. Such rescue crews shall hold practices with equipment and using emergency rescue plan procedures at least once monthly during construction or operation of the tunnel or underground mines. At least one rescue crew shall be maintained above ground at all times and within 30 minutes travel of the tunnel or underground mine site classified as gassy or extrahazardous. 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 concentration of gas at or above 10 percent of the lower explosive limit is recorded, the division shall be notified immediately. 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 underground mine classified as potentially gassy. If the inspection determines the likelihood of encountering more gas or vapor, the division may halt operations until the tunnel or mine can be reclassified. 7962. A safety representative qualified to recognize hazardous conditions and certified by the division shall be designated by the employer in any tunnel or underground mine. He shall have the authority to correct unsafe conditions and unsafe practices, and shall be responsible for directing the required safety programs. 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 operation at any time there are persons underground. Such systems shall be installed in such a manner that destruction or removal of one phone or communication device does not make other phones or communication devices inoperative. 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 fireproofed by chemical or other means. 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. 89-577 (30 U.S.C. 721 et seq.).
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, special orders, or general orders for nongassy underground mines and tunnels. 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 operation. If a mechanical excavator is used, gas tests shall be made prior to removal of muck or material and before any cutting or drilling in tunnels or underground mines where explosives are used. A log shall be maintained for inspection by the division showing results of each test. Whenever a tunnel excavation or underground mine operation approaches a geologic formation in which there is a likelihood of encountering gas or water, a probe hole at least 20 feet ahead of the tunnel face or area where material is being mined shall be maintained. 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 division shall be notified immediately by telephone or telegraph. The chief of the division or his authorized representative may waive subsequent notification for gas readings less than 20 percent of the lower explosive limits upon a finding that adequate ventilation and other safety measures are provided to assure employee safety. 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 or vapors. A notice of such shutdown shall be filed by the division inspector with his superiors as soon as practicable. Any overruling of such order must be made by the chief or his designated representative and must be in writing. An onsite inspection must be made by the person overruling an inspector' s order prior to resumption of work. 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 inspector may require changes in the amount and type of lighting, and may require permissive-type wiring, switches, tools, and equipment. 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 ignition such as lighters and matches from employees entering the tunnel. 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 purposes shall be prohibited until the division has conducted an inspection and authorized reentry for maintenance or production in writing. 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 notified immediately by telephone or telegram, and no one shall reenter the tunnel or underground mine until approval is given by 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 notice shall be given before entering the tunnel or underground mine. A copy of any orders subsequently written by the division shall be posted and all employees shall be notified at a safety meeting called by the safety representative before they are permitted to start work. 7974. In any tunnel classified as gassy by the division, ventilation shall include continuous exhausting of fumes and air, unless an alternative ventilation plan which is as effective or better is approved by the division. Fans for this purpose shall be located at the surface, and shall be reversible from a single switch at the portal or shaft. These requirements shall not preclude the use of auxiliary fans to supply more air or greater exhaust to a tunnel or underground mine. 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 designated representative shall cut off power at any time gas or vapor levels reach 20 percent of the lower explosive limit or more. Before work is restarted every employee underground shall be informed of the level of gas or vapor recorded, and a permanent record shall be called to the surface and retained in a special log. 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 regulations, rules, special orders, and general orders of the division or board. 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 other than fresh air shall be done under the direct supervision of qualified persons who shall test for gas and vapors before welding or cutting starts and continuously during such an operation. No cutting or welding shall be permitted in atmospheres where any concentration of gas or vapor reaches 20 percent of the lower explosive limit or more while a probe hole is being drilled or when the tunnel face or material from a mine is being excavated. 7979. In tunnels or underground mines classified extrahazardous, sufficient air shall be supplied to maintain an atmosphere of all of the following conditions: (a) Not less than 19 percent oxygen. (b) Not more than 0.5 percent carbon dioxide. (c) Not more than 5 parts per million nitrogen dioxide. (d) No petroleum vapors or other toxic gases in concentrations exceeding the threshold limit values established annually by the American Conference of Governmental Industrial Hygienists. 7980. All electrical equipment and machines, including diesel engines, used in tunnels or underground mines classified extrahazardous shall be permissible equipment. The division may, however, permit the use of nonpermissive equipment in a tunnel or underground mine in areas where it finds there is no longer danger from gas or other hazards. 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 mine classified as gassy or extrahazardous. Workers shall be provided with emergency rescue equipment and trained in its use. 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 underground mine classified extrahazardous. Such records shall be made available to any division representative upon request. 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 machinery underground automatically should the fan fail or its performance fall below minimum power needed to maintain a safe atmosphere. 7984. In any tunnel or underground mine classified extrahazardous a device or devices which automatically and continuously test the atmosphere for gases or vapors shall be maintained. Such device or devices shall be placed as near the face or area of operation as practical, but never more than 50 feet from such point. The division shall determine if additional monitors are necessary and where they should be located. This requirement shall apply only to tunnels or underground mines where excavation of material is by mechanical means. 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 sound an alarm and activate flashing red signals visible to employees underground whenever the concentration of gases or vapors reaches or exceeds permissible levels. Permissible levels may be established lower than the limits set in division rules, regulations, or general orders whenever a division inspector considers such action necessary to make the operation safe for employees.
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. To obtain a license under Section 7990, and to renew such a license, a person shall pass an oral and written examination given by the division. The division shall offer such examination in Spanish, or any other language, when requested by the applicant. The division shall administer such examination orally when requested by an applicant who cannot write. Application for such license shall cost fifteen dollars ($15), which is nonreturnable. Licenses shall be renewable every five years at a fee of fifteen dollars ($15). 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 mines. 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 license suspended for not less than 30 days upon hearing by the division, in addition to any other penalties he may be assessed. 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 is judged to be responsible for an accident involving serious injury or death shall have his or her license revoked for at least one year, in addition to any other penalties he or she may be assessed. Any person who has had his or her "explosive blaster's license" revoked may apply for a new license after the minimum period of revocation expires. He or she shall be required to pass all examinations before a new license is granted. 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 explosives shall have his license permanently revoked in addition to other penalties he may be assessed. 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 authorities recognized by the division, and acceptable by the division. 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 be consulted during each review and shall be permitted to submit suggested changes to the general orders at any time. 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 qualify gas testers and safety representatives in tunnels and mines. 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 issued by the division. No certificate may be issued or renewed unless the applicant or licensee, as the case may be, has passed an examination given by the division. 8000. Requirements established by the board shall preempt local government rules, regulations, and laws requiring certification or licensing as gas testers or safety representatives. However, local governments may contract with the division for testing applicants and issuing certifications. 8001. A fee sufficient to cover costs of examination and certification of gas testers and safety representatives for tunnels and mines, but not more than fifteen dollars ($15) for original applications and fifteen dollars ($15) for renewals, may be charged by the division. Renewals shall be made every five years. 8002. All fees from such applications shall be nonrefundable. Such fees shall be paid into the State Treasury by the division to the credit of the General 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 or revocation of certification, unless such violation is responsible for death or injury to employees, in which case it shall be punishable as a misdemeanor. 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 in Section 229 of the Public Utilities Code. However, it shall apply to the initial construction or substantial modification of such a tunnel.
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 Legislature to provide for effective implementation of the provisions of this part. 9002. The following definitions shall govern the construction of this part. Additionally, except where the context otherwise requires, the definitions contained in Part 1 (commencing with Section 6300) shall also be applicable to this part. 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 is a substantial probability that he or she will become so involved as the result of his or her employer's use of a carcinogen. 9004. "Carcinogen" means and includes the following recognized cancer-causing substances for which standards have been adopted pursuant to Chapter 3 (commencing with Section 9020): (a) Any of the following substances and any compound, mixture, or product containing these substances: (1) 2-acetylaminofluorene. (2) 4-aminodiphenyl. (3) Benzidine and its salts. (4) Bis(chloromethyl) ether. (5) 3,3´-dichlorobenzidine and its salts. (6) 4-dimethylaminoazobenzene. (7) Beta-naphthylamine. (8) 4-nitrodiphenyl. (9) N-nitrosodimethylamine. (10) Beta-propriolactone. (11) Methyl chloromethyl ether. (12) Alpha-naphthylamine. (13) 4,4´-methylene-(bis)2-chloroaniline. (14) Ethyleneimine. (b) Asbestos, including chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. (c) Vinyl chloride. (d) Any other substance for which standards are adopted and in effect due to cancer-causing properties and any compound, mixture, or product containing such a substance, except as specifically exempted from the standards. 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 public agencies therein. (c) Every person, including any public service corporation, which has any natural person in service. (d) The legal representative of any deceased employer. 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 formation of a carcinogen as a result of a chemical reaction. (b) Sale or other transfer of a carcinogen. (c) Storage or disposal of a carcinogen. (d) Utilization of a carcinogen for research. (e) Transport of a carcinogen. The State Department of Health Services and the division shall have concurrent jurisdiction with any federal agency to protect affected employees of interstate carriers, including rail carriers, while in this state, as provided in this part or as authorized by other provisions of state law.
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 standards uses of carcinogens which it determines have been shown by a preponderance of the evidence to present no substantial threat to employee health and which may include, but need not be limited to, any of the following: (a) Use of carcinogens specified in subdivision (a) of Section 9004 in operations involving the destructive distillation of carbonaceous materials, such as occurs in coke ovens. (b) Use of asbestos, except where there is a material risk of substantial and repeated exposure of employees to this carcinogen. Except as provided in Section 18930 of the Health and Safety Code, the standards board shall adopt regulations for the implementation of the provisions of this section.
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 federal requirements for use of carcinogens promulgated under Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91-596), as these federal requirements may be revised from time to time. Within six months after the effective date of any change in the federal requirements, the standards board shall amend its standards as necessary to comply with this subdivision. (b) It is the intent of the Legislature that the state shall exercise strong leadership in preventing employees, employers, and other persons from being exposed to carcinogens. In this connection, it is the further intent of the Legislature that the standards board adopt standards for substances as to which there exists a preponderance of evidence of carcinogenicity, but for which the federal government has not yet promulgated requirements specified in subdivision (a). The division shall determine the necessity for the standards and shall develop and present the proposed standards to the standards board pursuant to Section 147.1. 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 Title 8 of the California Administrative Code, shall remain in effect until amended or repealed by the standards board. 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 Section 6501.8, to the Occupational Safety and Health Standards Board for review and adoption so as to protect most effectively the health and safety of employees. The regulation shall also include, but not be limited to, specific work practices and specific requirements for certification of all employees engaged in asbestos-related work. (b) (1) Not later than July 1, 1991, the Division of Occupational Safety and Health shall propose regulations for the certification of asbestos consultants and site surveillance technicians to the Occupational Safety and Health Standards Board for consideration and action. By January 1, 1992, the board shall adopt regulations regarding certification. The regulations shall address and encompass procedures to determine the requirements for the certification provided for by Article 11 (commencing with Section 7180) of Chapter 9 of Division 3 of the Business and Professions Code. The division shall prepare and administer an examination to determine qualifications for certification pursuant to subdivision (b) of Section 7184 and subdivision (c) of Section 7185 of the Business and Professions Code. The examination shall be administered on a periodic, regularly scheduled basis. (2) The division may, in lieu of preparing and administering its own certification examination, approve one or more public or private institutions which offer programs in asbestos abatement training to prepare and administer the examination described in subdivision (b) of Section 7184 and subdivision (c) of Section 7185 of the Business and Professions Code. However, the division shall not approve any institution, organization, individual, or other entity for administering a certification examination if that institution, organization, individual or other entity engages, for compensation, in any aspect of asbestos abatement work. For purposes of developing or approving a certification examination pursuant to this section, the division shall consult with an advisory committee of individuals who have academic and professional experience in asbestos abatement work, including a certified industrial hygienist, representatives of asbestos abatement workers, and asbestos abatement contractors. (c) This section does not exempt any employer from complying with the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of this code) and regulations adopted thereunder, nor does it exempt any employer from complying with Section 5208 of Title 8 of the California Administrative Code. For products not requiring contractor certification pursuant to subdivision (a) of Section 7058.5 of the Business and Professions Code, training and certification of employees shall be done by the employer. 9021.6. The division may charge a fee to each asbestos consultant and site surveillance technician who applies for certification pursuant to subdivision (b) of Section 9021.5 and Article 11 (commencing with Section 7180) of Chapter 9 of Division 3 of the Business and Professions Code. The fee shall be sufficient to cover the division's cost for administering the certification process, including preparation and administration of the examination. The fees collected shall be deposited in the Asbestos Consultant Certification Account. Establishment of any fee pursuant to this section shall be accomplished through the regulatory process required by subdivision (b) of Section 9021.5. 9021.7. (a) There is hereby created the Asbestos Training and Consultant Certification Fund, which shall consist of the Asbestos Training Approval Account and the Asbestos Consultant Certification Account. Moneys in the Asbestos Training Approval Account shall consist of the fees collected pursuant to Section 9021.9. Moneys in the Asbestos Consultant Certification Account shall consist of the fees collected pursuant to Section 9021.6. (b) Moneys in the Asbestos Training Approval Account shall be available, upon appropriation by the Legislature, for expenditure only for administering the training entity approval process provided for in Section 9021.9. Moneys in the Asbestos Consultant Certification Account shall be available, upon appropriation by the Legislature, only for administering the certification process provided for in Section 9021.6. 9021.8. All asbestos consultant and site surveillance technician certifications shall be renewed annually. The division shall require asbestos consultants and site surveillance technicians to complete the annual refresher courses as required under the Asbestos Hazard Emergency Response Act (Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code) or the equivalent, as determined by the division. 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 Section 142.3, specific requirements for hands-on, task-specific training programs for all craft employees who may be exposed to asbestos-containing construction materials and all employees and supervisors involved in operations pertaining to asbestos cement pipe, as specified in subdivision (c) of Section 6501.8. The training programs shall include, but not be limited to, the following information: (1) The physical characteristics and health hazards of asbestos. (2) The types of asbestos cement pipe or asbestos-containing construction materials an employee may encounter in his or her specific work assignments. (3) Safe practices and procedures for minimizing asbestos exposures from operations involving asbestos cement pipe or asbestos-containing construction materials. (4) A review of general industry and construction safety orders relating to asbestos exposure. (5) Hands-on instruction using pipe or other construction materials and the tools and equipment employees will use in the workplace. (b) The division shall approve training entities to conduct task-specific training programs that include the requirements prescribed by the standards board pursuant to this section for employees and supervisors involved in operations pertaining to asbestos cement pipe or asbestos-containing construction materials. (c) The division shall charge a fee to each asbestos training entity approved by the division pursuant to subdivision (b). The fee shall be sufficient to cover the division's cost for administering the approval process provided for in subdivision (b). The fees collected shall be deposited in the Asbestos Training Approval Account. Establishment of any fee pursuant to this section shall be accomplished through the regulatory process required by subdivision (b) of Section 9021.5. 9022. The division shall have primary responsibility for enforcement of standards relating to carcinogens. However, the State Department of Health Services shall assist the division in the enforcement of the standards, in the manner prescribed by this chapter, and as shall be further defined by a written agreement between the State Department of Health Services and the department, pursuant to Section 144.
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 written report regarding the use or any incident which results in the release of a potentially hazardous amount of a carcinogen into any area where employees may be exposed. The reporting requirements set forth in Sections 5209 and 5210 of Title 8 of the California Administrative Code on January 1, 1986, shall remain in effect until amended or repealed by the standards board, and any subsequent reporting requirements shall provide for reports which are at least as detailed as those required on that date. For asbestos and vinyl chloride, the standards board shall adopt a standard which requires each employer who uses vinyl chloride or asbestos to report in a manner similar to the reporting required pursuant to Section 5209 of Title 8 of the California Administrative Code. 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, of affected employees of the reporting employer. A copy of each report shall be posted by the employer in the location or locations where the carcinogen is used, which shall be conspicuous to affected employees, as shall be provided in the standards. 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 requirements of this part. The division shall utilize all appropriate means of communication and education, including direct mailings to employers, the use of courses, workshops, and seminars, advertising in mass media, trade and employee publications, and professional and scientific journals, contact with trade associations, employee representatives, and professional and scientific societies, and cooperation with other governmental agencies to inform affected employees, employers, and the public of the requirements of this part.
9040. Every employer using carcinogens shall provide for medical examinations of affected employees where required by standards adopted pursuant to subdivision (b) of Section 142.3. The standards board shall continue to require medical examinations in at least as effective a manner as provided in Sections 5208, 5209, and 5210 of Title 8 of the California Administrative Code on January 1, 1986.
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 perform as many of these inspections as possible within the limits of the resources available to it for that purpose. 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 pertaining to its use, he or she shall immediately notify the employer and affected employees. 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 regarding the use of a carcinogen and may offer educational programs to inform employers and employees of the provisions of this part.
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 regulating the use of carcinogens, except as modified by the following: (a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500). (b) A civil penalty assessed against an employer for a serious violation, as defined in Section 9061, involving use of a carcinogen in violation of standards or special orders, except as provided by subdivision (d) and by Section 6429, shall be in the amount of two thousand dollars ($2,000). (c) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000). (d) A civil penalty assessed pursuant to Section 6429 for repeated serious violations of standards or special orders specified in subdivision (b) shall be not less than ten thousand dollars ($10,000). The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (c), or (d). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties. 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 additionally include any violation of a standard or special order respecting the use of a carcinogen. (b) A violation of a standard or special order respecting the use of a carcinogen shall not, be a "serious violation" if the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation or if the violation is minor and resulted in no substantial health hazard, as determined by the division.
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, including, but not limited to, forklifts, is used in any area where the public shops while customers are on the premises. (b) Merchandise is stored on shelves higher than 12 feet above the sales floor. 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 securing merchandise shall include rails, fencing, netting, security doors, gates, cables, or the binding of items on a pallet into one unit by shrink-wrapping, metal or plastic banding, or by tying items together with a cord. (b) All working warehouses shall comply with the provisions of this section on or before July 1, 2002. 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 where merchandise could fall during removal from a shelf. (b) All working warehouses shall comply with the provisions of this section on or before July 1, 2002. 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 hospitalization, including emergency room medical treatment, or deaths occurring to customers as the result of falling merchandise. The report shall be filed within 30 days of December 31, 2002, and within 30 days of December 31, 2003. Each year, a corporation owning, managing, or operating more than one working warehouse may submit a single report on behalf of all of the corporation's working warehouses in the state, provided that the report identifies the location of the warehouse where each reportable incident occurred.
