140. (a) There is in the Department of Industrial Relations, the
Occupational Safety and Health Standards Board which consists of
seven members who shall be appointed by the Governor. Two members
shall be from the field of management, two members shall be from the
field of labor, one member shall be from the field of occupational
health, one member shall be from the field of occupational safety and
one member shall be from the general public. Members representing
occupational safety and health fields and the public member shall be
selected from other than the fields of management or labor.
(b) Terms of office for members of the Industrial Safety Board
shall expire 60 days after the effective date of the amendment of
this section enacted at the 1973-74 Regular Session. Newly appointed
members of the Occupational Safety and Health Standards Board shall
assume their duties upon that date.
(c) The Governor shall designate the chairman of the board from
the membership of the board. The person so designated shall hold the
office of chairman at the pleasure of the Governor. The chairman
shall designate a member of the board to act as chairman in his
absence.
(d) As used in this chapter, "board" means the Occupational Safety
and Health Standards Board.
(e) All references in this or any other code to the Industrial
Safety Board shall be deemed to mean the Occupational Safety and
Health Standards Board.
141. (a) The terms of office of the members of the board shall be
four years and they shall hold office until the appointment and
qualification of a successor. The terms of the members of the board
first appointed shall expire as follows: three members, one
representative from management, one representative from labor, and
one representative from occupational health, on June 1, 1974; three
members, one representative from management, one representative from
labor, and one representative from occupational safety, on June 1,
1975; one member June 1, 1976. The terms shall thereafter expire in
the same relative order. Vacancies occurring shall be filled by
appointment to the unexpired term.
(b) Each member of the board shall receive one hundred dollars
($100) for each day of his or her actual attendance at meetings of
the board, and other official business of the board, and his or her
actual and necessary traveling expenses incurred in the performance
of his or her duty as a member.
142. The Division of Occupational Safety and Health shall enforce
all occupational safety and health standards adopted pursuant to this
chapter, and those heretofore adopted by the Industrial Accident
Commission or the Industrial Safety Board. General safety orders
heretofore adopted by the Industrial Accident Commission or the
Industrial Safety Board shall continue to remain in effect, but they
may be amended or repealed pursuant to this chapter.
142.1. The board shall meet at least monthly. The meetings shall be
rotated throughout the state at locations designated by the
chairman. All meetings held by the board shall be open and public.
Written notice of all meetings and a proposed agenda shall be given
to all persons who make request for the notice in writing to the
board.
142.2. At each of its meetings, the board shall make time available
to interested persons to propose new or revised orders or standards
appropriate for adoption pursuant to this chapter or other items
concerning occupational safety and health. The board shall consider
such proposed orders or standards and report its decision no later
than six months following receipt of such proposals.
142.3. (a) (1) The board, by an affirmative vote of at least four
members, may adopt, amend or repeal occupational safety and health
standards and orders. The board shall be the only agency in the state
authorized to adopt occupational safety and health standards.
(2) The board shall adopt standards at least as effective as the
federal standards for all issues for which federal standards have
been promulgated under Section 6 of the Occupational Safety and
Health Act of 1970 (P.L. 91-596) within six months of the
promulgation date of the federal standards and which, when applicable
to products which are distributed or used in interstate commerce,
are required by compelling local conditions and do not unduly burden
interstate commerce.
(3) No standard or amendment to any standard adopted by the board
that is substantially the same as a federal standard shall be subject
to Article 5 (commencing with Section 11346) and Article 6
(commencing with Section 11349) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. For purposes of this
subdivision, "substantially the same" means identical to the federal
standard with the exception of editorial and format differences
needed to conform to other state laws and standards.
(4) If a federal standard is promulgated and no state standard
that is at least as effective as the federal standard is adopted by
the board within six months of the date of promulgation of the
federal standard, the following provisions shall apply unless
adoption of the state standard is imminent:
(A) If there is no existing state standard covering the same
issues, the federal standard shall be deemed to be a standard adopted
by the board and enforceable by the division pursuant to Section
6317. This standard shall not be subject to Article 5 (commencing
with Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(B) If a state standard is in effect at the time a federal
standard is promulgated covering the same issue or issues, the board
may adopt the federal standard, or a portion thereof, as a standard
enforceable by the division pursuant to Section 6317; provided,
however, if a federal standard or portion thereof is adopted which
replaces an existing state standard or portion thereof, the federal
standard shall be as effective as the state standard or portion
thereof. No adoption of or amendment to any federal standard, or
portion thereof shall be subject to Article 5 (commencing with
Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(C) Any state standard adopted pursuant to subparagraph (A) or (B)
shall become effective at the time the standard is filed with the
Secretary of State, unless otherwise provided, but shall not take
effect before the effective date of the equivalent federal standard
and shall remain in effect for six months unless readopted by the
board for an additional six months or superseded by a standard
adopted by the board pursuant to paragraph (2) of subdivision (a).
(D) Any standard adopted pursuant to subparagraph (A), (B), or
(C), shall be published in Title 8 of the California Code of
Regulations in a manner similar to any other standards adopted
pursuant to paragraphs (1) and (2) of subdivision (a) of this
section.
(b) The State Building Standards Commission shall codify and
publish in a semiannual supplement to the California Building
Standards Code, or in a more frequent supplement if required by
federal law, all occupational safety and health standards that would
otherwise meet the definition of a building standard described in
Section 18909 of the Health and Safety Code adopted by the board in
the State Building Standards Code without reimbursement from the
board. These occupational safety and health standards may also be
published by the Occupational Safety and Health Standards Board in
other provisions in Title 8 of the California Code of Regulations
prior to publication in the California Building Standards Code if
that other publication includes an appropriate identification of
occupational safety and health standards contained in the other
publication.
(c) Any occupational safety or health standard or order
promulgated under this section shall prescribe the use of labels or
other appropriate forms of warning as are necessary to ensure that
employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions for safe use or exposure. Where
appropriate, these standards or orders shall also prescribe suitable
protective equipment and control or technological procedures to be
used in connection with these hazards and shall provide for
monitoring or measuring employee exposure at such locations and
intervals and in a manner as may be necessary for the protection of
employees. In addition, where appropriate, the occupational safety or
health standard or order shall prescribe the type and frequency of
medical examinations or other tests which shall be made available, by
the employer or at his or her cost, to employees exposed to such
hazards in order to most effectively determine whether the health of
such employee is adversely affected by this exposure.
(d) The results of these examinations or tests shall be furnished
only to the Division of Occupational Safety and Health, the State
Department of Health Services, any other authorized state agency, the
employer, the employee, and, at the request of the employee, to his
or her physician.
142.4. (a) Occupational safety and health standards and orders
shall be adopted, amended, or repealed as provided in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, except as modified by this chapter.
(b) If an emergency regulation is based upon an emergency
temporary standard published in the Federal Register by the Secretary
of Labor pursuant to Section 6(c)(1) of the Federal Occupational
Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)
(1)), the 120-day period specified in Section 11346.1 of the
Government Code shall be deemed not to expire until 120 days after a
permanent standard is promulgated by the Secretary of Labor pursuant
to Section 6(c)(3) of the Federal Occupational Safety and Health Act
of 1970 (29 U.S.C. Sec. 655(c)(3)).
142.7. (a) On or before October 1, 1987, the board shall adopt an
occupational safety and health standard concerning hazardous
substance removal work, so as to protect most effectively the health
and safety of employees. The standard shall include, but not be
limited to, requirements for all of the following:
(1) Specific work practices.
(2) Certification of all employees engaged in hazardous substance
removal-related work, except that no certification shall be required
for an employee whose only activity is the transportation of
hazardous substances which are subject to the requirement for a
certificate under Section 12804.1 of the Vehicle Code.
(3) Certification of supervisors with sufficient experience and
authority to be responsible for hazardous substance removal work.
(4) Designation of a qualified person who shall be responsible for
scheduling any air sampling, laboratory calibration of sampling
equipment, evaluation of soil or other contaminated materials
sampling results, and for conducting any equipment testing and
evaluating the results of the tests.
(5) Requiring that a safety and health conference be held for all
hazardous substance removal jobs before the start of actual work. The
conference shall include representatives of the owner or contracting
agency, the contractor, the employer, employees, and employee
representatives, and shall include a discussion of the employer's
safety and health program and the means, methods, devices, processes,
practices, conditions, or operations which the employer intends to
use in providing a safe and healthy place of employment.
(b) For purposes of this section, "hazardous substance removal
work" means cleanup work at any of the following:
(1) A site where removal or remedial action is taken pursuant to
either of the following:
(A) Chapter 6.8 (commencing with Section 25300) of Division 20 of
the Health and Safety Code, regardless of whether the site is listed
pursuant to Section 25356 of the Health and Safety Code.
(B) The federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.).
(2) A site where corrective action is taken pursuant to Section
25187 or 25200. 10 of the Health and Safety Code or the federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901
et seq.).
(3) A site where cleanup of a discharge of a hazardous substance
is required pursuant to Division 7 (commencing with Section 13000) of
the Water Code.
(4) A site where removal or remedial action is taken because a
hazardous substance has been discharged or released in an amount that
is reportable pursuant to Section 13271 of the Water Code or the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). "Hazardous
substance removal work" does not include work related to a hazardous
substance spill on a highway.
(c) Until the occupational safety and health standard required by
subdivision (a) is adopted by the board and becomes effective, the
occupational safety and health standard concerning hazardous
substance removal work shall be the standard adopted by the federal
government and codified in Section 1910.120 of Title 29 of the Code
of Federal Regulations. In addition, before actual work is started on
a hazardous substance removal job, a safety and health conference
shall be held that shall include the participants and involve a
discussion of the subjects described in paragraph (5) of subdivision
(a).
143. (a) Any employer may apply to the board for a permanent
variance from an occupational safety and health standard, order,
special order, or portion thereof, upon a showing of an alternate
program, method, practice, means, device, or process which will
provide equal or superior safety for employees.
(b) The board shall issue such variance if it determines on the
record, after opportunity for an investigation where appropriate and
a hearing, that the proponent of the variance has demonstrated by a
preponderance of the evidence that the conditions, practices, means,
methods, operations, or processes used or proposed to be used by an
employer will provide employment and places of employment to his
employees which are as safe and healthful as those which would
prevail if he complied with the standard. The variance so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which he must
adopt and utilize to the extent they differ from the standard in
question.
(c) The board is authorized to grant a variance from any standard
or portion thereof whenever it determines such variance is necessary
to permit an employer to participate in an experiment approved by the
director designed to demonstrate or validate new and improved
techniques to safeguard the health or safety of workers.
(d) A permanent variance may be modified or revoked upon
application by an employer, employees, or the division, or by the
board on its own motion, in the manner prescribed for its issuance
under this section at any time.
143.1. The board shall conduct hearings on such requests for a
permanent variance after employees or employee representatives are
properly notified and given an opportunity to appear. All board
decisions on permanent variance requests shall be final except for
any rehearing or judicial review provided for by law.
143.2. The board, acting as a whole, may adopt, amend, or repeal
rules of practice and procedure pertaining to hearings on
applications for permanent variances, variance appeals, and other
matters within its jurisdiction. All rules of practice and procedure
amendments thereto, or repeal thereof, shall be made in accordance
with the provisions of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
144. (a) The authority of any agency, department, division, bureau
or any other political subdivision other than the Division of
Occupational Safety and Health to assist in the administration or
enforcement of any occupational safety or health standard, order, or
rule adopted pursuant to this chapter shall be contained in a written
agreement with the Department of Industrial Relations or an agency
authorized by the department to enter into such agreement.
(b) No such agreement shall deprive the Division of Occupational
Safety and Health or other state agency to which authority has been
delegated of any power or authority of the state agency.
(c) Such an agreement may provide for the right of access of an
authorized representative of the designated agency to enter any place
of employment which is under the jurisdiction of the Division of
Occupational Safety and Health.
(d) If any representative of an agency operating under such an
agreement becomes aware of an imminent hazard, he shall notify the
employer and affected employees of the hazard and immediately notify
the Division of Occupational Safety and Health.
(e) Nothing in this section shall affect or limit the authority of
any state or local agency as to any matter other than the
enforcement of occupational safety and health standards adopted by
the board; however, nothing herein shall limit or reduce the
authority of local agencies to adopt and enforce higher standards
relating to occupational safety and health for their own employees.
144.5. (a) The Division of Occupational Safety and Health in
connection with the enforcement of occupational safety and health
standards adopted pursuant to this chapter shall do all of the
following:
(1) Conduct inspections or investigations related to specific
workplaces for the evaluation of occupational health problems or
environmental conditions which may be harmful to the health of
employees.
(2) Upon request of any employer or employee, or on its own
initiative, conduct special investigations or studies of occupational
health problems which are unrelated to a specific enforcement action
to the extent the circumstances indicate and priorities permit.
(3) Provide a continuing program of training for safety engineers
of the Division of Occupational Safety and Health in the recognition
of health hazards, in dealing with such hazards that do not require
specialized competence or equipment and in acquainting them with the
skills available from the State Department of Health Services and
local health agencies.
(b) (1) When requested by a local health department, the Division
of Occupational Safety and Health shall enter into a written
agreement with such local health department to conduct inspections
and evaluations of occupational health problems, including
environmental and sanitary conditions, in places of employment.
(2) Any such agreement shall be subject to the provisions of
Section 144. It shall be entered into only after a finding that the
local health department can meet the necessary standards of
performance for inspections and evaluations to be conducted pursuant
to the agreement.
(3) Such agreement shall not be binding upon either party unless
and until it has been fully approved by the United States Department
of Labor.
(4) Such agreements shall be completed by the Division of
Occupational Safety and Health and submitted for approval to the
United States Department of Labor not later than six months from the
date of request by the local health department.
(5) Inspection services performed under the agreement shall be
conducted pursuant to the occupational safety and health standards
adopted pursuant to this chapter.
144.6. In promulgating standards dealing with toxic materials or
harmful physical agents, the board shall adopt that standard which
most adequately assures, to the extent feasible, that no employee
will suffer material impairment of health or functional capacity even
if such employee has regular exposure to a hazard regulated by such
standard for the period of his working life. Development of standards
under this section shall be based upon research, demonstrations,
experiments, and such other information as may be appropriate. In
addition to the attainment of the highest degree of health and safety
protection for the employee, other considerations shall be the
latest available scientific data in the field, the reasonableness of
the standards, and experience gained under this and other health and
safety laws. Whenever practicable, the standard promulgated shall be
expressed in terms of objective criteria and of the performance
desired.
144.7. (a) The board shall, no later than January 15, 1999, adopt
an emergency regulation revising the bloodborne pathogen standard
currently set forth in Section 5193 of Title 8 of the California Code
of Regulations in accordance with subdivision (b). Following
adoption of the emergency regulation, the board shall complete the
regulation adoption process and shall formally adopt a regulation
embodying a bloodborne pathogen standard meeting the requirements of
subdivision (b), which regulation shall become operative no later
than August 1, 1999. Notwithstanding Section 11346.1 of the
Government Code, the emergency regulation adopted pursuant to this
subdivision shall remain in effect until the nonemergency regulation
becomes operative or until August 1, 1999, whichever first occurs.
(b) The board shall adopt a standard, as described in subdivision
(a), to be developed by the Division of Occupational Safety and
Health. The standard shall include, but not be limited to, the
following:
(1) A revised definition of "engineering controls" that includes
sharps injury prevention technology including, but not limited to,
needleless systems and needles with engineered sharps injury
protection, which shall be defined in the standard.
(2) A requirement that sharps injury prevention technology
specified in paragraph (1) be included as engineering or work
practice controls, except in cases where the employer or other
appropriate party can demonstrate circumstances in which the
technology does not promote employee or patient safety or interferes
with a medical procedure. Those circumstances shall be specified in
the standard, and shall include, but not be limited to, circumstances
where the technology is medically contraindicated or not more
effective than alternative measures used by the employer to prevent
exposure incidents.
(3) A requirement that written exposure control plans include an
effective procedure for identifying and selecting existing sharps
injury prevention technology of the type specified in paragraph (1).
(4) A requirement that written exposure control plans be updated
when necessary to reflect progress in implementing the sharps injury
prevention technology specified in paragraph (1).
(5) A requirement that information concerning exposure incidents
be recorded in a sharps injury log, including, but not limited to,
the type and brand of device involved in the incident.
(c) The Division of Occupational Safety and Health may consider
and propose for adoption by the board additional revisions to the
bloodborne pathogen standards to prevent sharps injuries or exposure
incidents including, but not limited to, training requirements and
measures to increase vaccinations.
(d) The Division of Occupational Safety and Health and the State
Department of Health Services shall jointly compile and maintain a
list of existing needleless systems and needles with engineered
sharps injury protection, which shall be available to assist
employers in complying with the requirements of the bloodborne
pathogen standard adopted pursuant to this section. The list may be
developed from existing sources of information, including, but not
limited to, the federal Food and Drug Administration, the federal
Centers for Disease Control, the National Institute of Occupational
Safety and Health, and the United States Department of Veterans
Affairs.
145. The board may employ necessary assistants, officers, experts,
and such other employees as it deems necessary. All such personnel of
the board shall be under the supervision of the chairman of the
board or an executive officer to whom he delegates such
responsibility. All such personnel shall be appointed pursuant to the
State Civil Service Act (Part 1 (commencing with Section 18000) of
Division 5 of Title 2 of the Government Code), except for the one
exempt deputy or employee allowed by subdivision (e) of Section 4 of
Article XXIV of the California Constitution.
145.1. The board and its duly authorized representatives in the
performance of its duties shall have the powers of a head of a
department as set forth in Article 2 (commencing with Section 11180)
of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government
Code.
146. In the conduct of hearings related to permanent variances, the
board and its representatives are not bound by common law or
statutory rules of evidence or by technical or formal rules of
procedure but shall conduct the hearings in accordance with Article 8
(commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of, and Section 11513 of, the Government Code.
A full and complete record shall be kept of all proceedings.
147. The board shall refer to the Division of Occupational Safety
and Health for evaluation any proposed occupational safety or health
standard or variance from adopted standards received by the board
from sources other than the division. The division shall submit a
report on the proposed standard or variance within 60 days of receipt
thereof.
147.1. In connection with the development and promulgation of
occupational health standards the Division of Occupational Safety and
Health shall perform all of the following functions:
(a) Analyze proposed and new federal occupational health
standards, evaluate their impact on California, determine any
necessity for their modification, and present proposed standards to
the board in sufficient time for the board to conduct hearings and
adopt standards within the time required.
(b) Maintain liaison with the National Institute of Occupational
Safety and Health and the federal Occupational Safety and Health
Administration in the development of recommended federal standards
and when appropriate provide representation on federal advisory
committees dealing with the development of occupational health
standards.
(c) On occupational health issues not covered by federal standards
maintain surveillance, determine the necessity for standards,
develop and present proposed standards to the board.
(d) Evaluate any proposed occupational health standard or
application for a variance of an occupational health standard
received by the board, and submit a report to the board on the
proposed standard or variance within 60 days of receipt thereof.
(e) Appear and testify at board hearings and other public
proceedings involving occupational health matters.
147.2. In accordance with Chapter 2 (commencing with Section 6350)
of Part 1 of Division 5 of this code and Section 105175 of the Health
and Safety Code, the Department of Industrial Relations shall, by
interagency agreement with the State Department of Health Services,
establish a repository of current data on toxic materials and harmful
physical agents in use or potentially in use in places of employment
in the state.
The repository shall fulfill all of the following functions:
(1) Provide reliable information of practical use to employers,
employees, representatives of employees, and other governmental
agencies on the possible hazards to employees of exposure to toxic
materials or harmful physical agents.
(2) Collect and evaluate toxicological and epidemiological data
and any other information that may be pertinent to establishing
harmful effects on health of exposure to toxic materials or harmful
physical agents. Nothing in this subdivision shall be construed as
authorizing the repository to require employers to report any
information not otherwise required by law.
(3) Recommend to the Chief of the Division of Occupational Safety
and Health Administration that an occupational safety and health
standard be developed whenever it has been determined that a
substance in use or potentially in use in places of employment is
potentially toxic at the concentrations or under the conditions used.
(4) Notify the Director of Food and Agriculture of any information
developed by the repository that is relevant to carrying out his or
her responsibilities under Chapters 2 (commencing with Section 12751)
and 3 (commencing with Section 14001) of Division 7 of the Food and
Agricultural Code.
The Director of Industrial Relations shall appoint an Advisory
Committee to the repository. The Advisory Committee shall consist of
four representatives from labor, four representatives from
management, four active practitioners in the occupational health
field, and three persons knowledgeable in biomedical statistics or
information storage and retrieval systems. The Advisory Committee
shall meet on a regular basis at the request of the director. The
committee shall be consulted by, and shall advise the director at
each phase of the structuring and functioning of the repository and
alert system with regard to, the procedures, methodology, validity,
and practical utility of collecting, evaluating, and disseminating
information concerning hazardous substances, consistent with the
primary goals and objectives of the repository.
Nothing in this section shall be construed to limit the ability of
the State Department of Health Services to propose occupational
safety and health standards to the Occupational Safety and Health
Standards Board.
Policies and procedures shall be developed to assure, to the
extent possible, that the repository uses and does not duplicate the
resources of the federal government and other states.
On or before December 31 of each year, the Department of
Industrial Relations shall submit a report to the Legislature
detailing the implementation and operation of the repository
including, but not limited to, the amount and source of funds
allocated and spent on repository activities, the toxic materials and
harmful physical agents investigated during the past year and
recommendations made concerning them, actions taken to inform
interested persons of the possible hazards of exposure to toxic
materials and harmful physical agents, and any recommendations for
legislative changes relating to the functions of the repository.
140. (a) There is in the Department of Industrial Relations, the
Occupational Safety and Health Standards Board which consists of
seven members who shall be appointed by the Governor. Two members
shall be from the field of management, two members shall be from the
field of labor, one member shall be from the field of occupational
health, one member shall be from the field of occupational safety and
one member shall be from the general public. Members representing
occupational safety and health fields and the public member shall be
selected from other than the fields of management or labor.
(b) Terms of office for members of the Industrial Safety Board
shall expire 60 days after the effective date of the amendment of
this section enacted at the 1973-74 Regular Session. Newly appointed
members of the Occupational Safety and Health Standards Board shall
assume their duties upon that date.
(c) The Governor shall designate the chairman of the board from
the membership of the board. The person so designated shall hold the
office of chairman at the pleasure of the Governor. The chairman
shall designate a member of the board to act as chairman in his
absence.
(d) As used in this chapter, "board" means the Occupational Safety
and Health Standards Board.
(e) All references in this or any other code to the Industrial
Safety Board shall be deemed to mean the Occupational Safety and
Health Standards Board.
141. (a) The terms of office of the members of the board shall be
four years and they shall hold office until the appointment and
qualification of a successor. The terms of the members of the board
first appointed shall expire as follows: three members, one
representative from management, one representative from labor, and
one representative from occupational health, on June 1, 1974; three
members, one representative from management, one representative from
labor, and one representative from occupational safety, on June 1,
1975; one member June 1, 1976. The terms shall thereafter expire in
the same relative order. Vacancies occurring shall be filled by
appointment to the unexpired term.
(b) Each member of the board shall receive one hundred dollars
($100) for each day of his or her actual attendance at meetings of
the board, and other official business of the board, and his or her
actual and necessary traveling expenses incurred in the performance
of his or her duty as a member.
142. The Division of Occupational Safety and Health shall enforce
all occupational safety and health standards adopted pursuant to this
chapter, and those heretofore adopted by the Industrial Accident
Commission or the Industrial Safety Board. General safety orders
heretofore adopted by the Industrial Accident Commission or the
Industrial Safety Board shall continue to remain in effect, but they
may be amended or repealed pursuant to this chapter.
142.1. The board shall meet at least monthly. The meetings shall be
rotated throughout the state at locations designated by the
chairman. All meetings held by the board shall be open and public.
Written notice of all meetings and a proposed agenda shall be given
to all persons who make request for the notice in writing to the
board.
142.2. At each of its meetings, the board shall make time available
to interested persons to propose new or revised orders or standards
appropriate for adoption pursuant to this chapter or other items
concerning occupational safety and health. The board shall consider
such proposed orders or standards and report its decision no later
than six months following receipt of such proposals.
142.3. (a) (1) The board, by an affirmative vote of at least four
members, may adopt, amend or repeal occupational safety and health
standards and orders. The board shall be the only agency in the state
authorized to adopt occupational safety and health standards.
(2) The board shall adopt standards at least as effective as the
federal standards for all issues for which federal standards have
been promulgated under Section 6 of the Occupational Safety and
Health Act of 1970 (P.L. 91-596) within six months of the
promulgation date of the federal standards and which, when applicable
to products which are distributed or used in interstate commerce,
are required by compelling local conditions and do not unduly burden
interstate commerce.
(3) No standard or amendment to any standard adopted by the board
that is substantially the same as a federal standard shall be subject
to Article 5 (commencing with Section 11346) and Article 6
(commencing with Section 11349) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. For purposes of this
subdivision, "substantially the same" means identical to the federal
standard with the exception of editorial and format differences
needed to conform to other state laws and standards.
(4) If a federal standard is promulgated and no state standard
that is at least as effective as the federal standard is adopted by
the board within six months of the date of promulgation of the
federal standard, the following provisions shall apply unless
adoption of the state standard is imminent:
(A) If there is no existing state standard covering the same
issues, the federal standard shall be deemed to be a standard adopted
by the board and enforceable by the division pursuant to Section
6317. This standard shall not be subject to Article 5 (commencing
with Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(B) If a state standard is in effect at the time a federal
standard is promulgated covering the same issue or issues, the board
may adopt the federal standard, or a portion thereof, as a standard
enforceable by the division pursuant to Section 6317; provided,
however, if a federal standard or portion thereof is adopted which
replaces an existing state standard or portion thereof, the federal
standard shall be as effective as the state standard or portion
thereof. No adoption of or amendment to any federal standard, or
portion thereof shall be subject to Article 5 (commencing with
Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(C) Any state standard adopted pursuant to subparagraph (A) or (B)
shall become effective at the time the standard is filed with the
Secretary of State, unless otherwise provided, but shall not take
effect before the effective date of the equivalent federal standard
and shall remain in effect for six months unless readopted by the
board for an additional six months or superseded by a standard
adopted by the board pursuant to paragraph (2) of subdivision (a).
(D) Any standard adopted pursuant to subparagraph (A), (B), or
(C), shall be published in Title 8 of the California Code of
Regulations in a manner similar to any other standards adopted
pursuant to paragraphs (1) and (2) of subdivision (a) of this
section.
(b) The State Building Standards Commission shall codify and
publish in a semiannual supplement to the California Building
Standards Code, or in a more frequent supplement if required by
federal law, all occupational safety and health standards that would
otherwise meet the definition of a building standard described in
Section 18909 of the Health and Safety Code adopted by the board in
the State Building Standards Code without reimbursement from the
board. These occupational safety and health standards may also be
published by the Occupational Safety and Health Standards Board in
other provisions in Title 8 of the California Code of Regulations
prior to publication in the California Building Standards Code if
that other publication includes an appropriate identification of
occupational safety and health standards contained in the other
publication.
(c) Any occupational safety or health standard or order
promulgated under this section shall prescribe the use of labels or
other appropriate forms of warning as are necessary to ensure that
employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions for safe use or exposure. Where
appropriate, these standards or orders shall also prescribe suitable
protective equipment and control or technological procedures to be
used in connection with these hazards and shall provide for
monitoring or measuring employee exposure at such locations and
intervals and in a manner as may be necessary for the protection of
employees. In addition, where appropriate, the occupational safety or
health standard or order shall prescribe the type and frequency of
medical examinations or other tests which shall be made available, by
the employer or at his or her cost, to employees exposed to such
hazards in order to most effectively determine whether the health of
such employee is adversely affected by this exposure.
(d) The results of these examinations or tests shall be furnished
only to the Division of Occupational Safety and Health, the State
Department of Health Services, any other authorized state agency, the
employer, the employee, and, at the request of the employee, to his
or her physician.
142.4. (a) Occupational safety and health standards and orders
shall be adopted, amended, or repealed as provided in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, except as modified by this chapter.
(b) If an emergency regulation is based upon an emergency
temporary standard published in the Federal Register by the Secretary
of Labor pursuant to Section 6(c)(1) of the Federal Occupational
Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)
(1)), the 120-day period specified in Section 11346.1 of the
Government Code shall be deemed not to expire until 120 days after a
permanent standard is promulgated by the Secretary of Labor pursuant
to Section 6(c)(3) of the Federal Occupational Safety and Health Act
of 1970 (29 U.S.C. Sec. 655(c)(3)).
142.7. (a) On or before October 1, 1987, the board shall adopt an
occupational safety and health standard concerning hazardous
substance removal work, so as to protect most effectively the health
and safety of employees. The standard shall include, but not be
limited to, requirements for all of the following:
(1) Specific work practices.
(2) Certification of all employees engaged in hazardous substance
removal-related work, except that no certification shall be required
for an employee whose only activity is the transportation of
hazardous substances which are subject to the requirement for a
certificate under Section 12804.1 of the Vehicle Code.
(3) Certification of supervisors with sufficient experience and
authority to be responsible for hazardous substance removal work.
(4) Designation of a qualified person who shall be responsible for
scheduling any air sampling, laboratory calibration of sampling
equipment, evaluation of soil or other contaminated materials
sampling results, and for conducting any equipment testing and
evaluating the results of the tests.
(5) Requiring that a safety and health conference be held for all
hazardous substance removal jobs before the start of actual work. The
conference shall include representatives of the owner or contracting
agency, the contractor, the employer, employees, and employee
representatives, and shall include a discussion of the employer's
safety and health program and the means, methods, devices, processes,
practices, conditions, or operations which the employer intends to
use in providing a safe and healthy place of employment.
(b) For purposes of this section, "hazardous substance removal
work" means cleanup work at any of the following:
(1) A site where removal or remedial action is taken pursuant to
either of the following:
(A) Chapter 6.8 (commencing with Section 25300) of Division 20 of
the Health and Safety Code, regardless of whether the site is listed
pursuant to Section 25356 of the Health and Safety Code.
(B) The federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.).
(2) A site where corrective action is taken pursuant to Section
25187 or 25200. 10 of the Health and Safety Code or the federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901
et seq.).
(3) A site where cleanup of a discharge of a hazardous substance
is required pursuant to Division 7 (commencing with Section 13000) of
the Water Code.
(4) A site where removal or remedial action is taken because a
hazardous substance has been discharged or released in an amount that
is reportable pursuant to Section 13271 of the Water Code or the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). "Hazardous
substance removal work" does not include work related to a hazardous
substance spill on a highway.
(c) Until the occupational safety and health standard required by
subdivision (a) is adopted by the board and becomes effective, the
occupational safety and health standard concerning hazardous
substance removal work shall be the standard adopted by the federal
government and codified in Section 1910.120 of Title 29 of the Code
of Federal Regulations. In addition, before actual work is started on
a hazardous substance removal job, a safety and health conference
shall be held that shall include the participants and involve a
discussion of the subjects described in paragraph (5) of subdivision
(a).
143. (a) Any employer may apply to the board for a permanent
variance from an occupational safety and health standard, order,
special order, or portion thereof, upon a showing of an alternate
program, method, practice, means, device, or process which will
provide equal or superior safety for employees.
(b) The board shall issue such variance if it determines on the
record, after opportunity for an investigation where appropriate and
a hearing, that the proponent of the variance has demonstrated by a
preponderance of the evidence that the conditions, practices, means,
methods, operations, or processes used or proposed to be used by an
employer will provide employment and places of employment to his
employees which are as safe and healthful as those which would
prevail if he complied with the standard. The variance so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which he must
adopt and utilize to the extent they differ from the standard in
question.
(c) The board is authorized to grant a variance from any standard
or portion thereof whenever it determines such variance is necessary
to permit an employer to participate in an experiment approved by the
director designed to demonstrate or validate new and improved
techniques to safeguard the health or safety of workers.
(d) A permanent variance may be modified or revoked upon
application by an employer, employees, or the division, or by the
board on its own motion, in the manner prescribed for its issuance
under this section at any time.
143.1. The board shall conduct hearings on such requests for a
permanent variance after employees or employee representatives are
properly notified and given an opportunity to appear. All board
decisions on permanent variance requests shall be final except for
any rehearing or judicial review provided for by law.
143.2. The board, acting as a whole, may adopt, amend, or repeal
rules of practice and procedure pertaining to hearings on
applications for permanent variances, variance appeals, and other
matters within its jurisdiction. All rules of practice and procedure
amendments thereto, or repeal thereof, shall be made in accordance
with the provisions of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
144. (a) The authority of any agency, department, division, bureau
or any other political subdivision other than the Division of
Occupational Safety and Health to assist in the administration or
enforcement of any occupational safety or health standard, order, or
rule adopted pursuant to this chapter shall be contained in a written
agreement with the Department of Industrial Relations or an agency
authorized by the department to enter into such agreement.
(b) No such agreement shall deprive the Division of Occupational
Safety and Health or other state agency to which authority has been
delegated of any power or authority of the state agency.
(c) Such an agreement may provide for the right of access of an
authorized representative of the designated agency to enter any place
of employment which is under the jurisdiction of the Division of
Occupational Safety and Health.
(d) If any representative of an agency operating under such an
agreement becomes aware of an imminent hazard, he shall notify the
employer and affected employees of the hazard and immediately notify
the Division of Occupational Safety and Health.
(e) Nothing in this section shall affect or limit the authority of
any state or local agency as to any matter other than the
enforcement of occupational safety and health standards adopted by
the board; however, nothing herein shall limit or reduce the
authority of local agencies to adopt and enforce higher standards
relating to occupational safety and health for their own employees.
144.5. (a) The Division of Occupational Safety and Health in
connection with the enforcement of occupational safety and health
standards adopted pursuant to this chapter shall do all of the
following:
(1) Conduct inspections or investigations related to specific
workplaces for the evaluation of occupational health problems or
environmental conditions which may be harmful to the health of
employees.
(2) Upon request of any employer or employee, or on its own
initiative, conduct special investigations or studies of occupational
health problems which are unrelated to a specific enforcement action
to the extent the circumstances indicate and priorities permit.
(3) Provide a continuing program of training for safety engineers
of the Division of Occupational Safety and Health in the recognition
of health hazards, in dealing with such hazards that do not require
specialized competence or equipment and in acquainting them with the
skills available from the State Department of Health Services and
local health agencies.
(b) (1) When requested by a local health department, the Division
of Occupational Safety and Health shall enter into a written
agreement with such local health department to conduct inspections
and evaluations of occupational health problems, including
environmental and sanitary conditions, in places of employment.
(2) Any such agreement shall be subject to the provisions of
Section 144. It shall be entered into only after a finding that the
local health department can meet the necessary standards of
performance for inspections and evaluations to be conducted pursuant
to the agreement.
(3) Such agreement shall not be binding upon either party unless
and until it has been fully approved by the United States Department
of Labor.
(4) Such agreements shall be completed by the Division of
Occupational Safety and Health and submitted for approval to the
United States Department of Labor not later than six months from the
date of request by the local health department.
(5) Inspection services performed under the agreement shall be
conducted pursuant to the occupational safety and health standards
adopted pursuant to this chapter.
144.6. In promulgating standards dealing with toxic materials or
harmful physical agents, the board shall adopt that standard which
most adequately assures, to the extent feasible, that no employee
will suffer material impairment of health or functional capacity even
if such employee has regular exposure to a hazard regulated by such
standard for the period of his working life. Development of standards
under this section shall be based upon research, demonstrations,
experiments, and such other information as may be appropriate. In
addition to the attainment of the highest degree of health and safety
protection for the employee, other considerations shall be the
latest available scientific data in the field, the reasonableness of
the standards, and experience gained under this and other health and
safety laws. Whenever practicable, the standard promulgated shall be
expressed in terms of objective criteria and of the performance
desired.
144.7. (a) The board shall, no later than January 15, 1999, adopt
an emergency regulation revising the bloodborne pathogen standard
currently set forth in Section 5193 of Title 8 of the California Code
of Regulations in accordance with subdivision (b). Following
adoption of the emergency regulation, the board shall complete the
regulation adoption process and shall formally adopt a regulation
embodying a bloodborne pathogen standard meeting the requirements of
subdivision (b), which regulation shall become operative no later
than August 1, 1999. Notwithstanding Section 11346.1 of the
Government Code, the emergency regulation adopted pursuant to this
subdivision shall remain in effect until the nonemergency regulation
becomes operative or until August 1, 1999, whichever first occurs.
(b) The board shall adopt a standard, as described in subdivision
(a), to be developed by the Division of Occupational Safety and
Health. The standard shall include, but not be limited to, the
following:
(1) A revised definition of "engineering controls" that includes
sharps injury prevention technology including, but not limited to,
needleless systems and needles with engineered sharps injury
protection, which shall be defined in the standard.
(2) A requirement that sharps injury prevention technology
specified in paragraph (1) be included as engineering or work
practice controls, except in cases where the employer or other
appropriate party can demonstrate circumstances in which the
technology does not promote employee or patient safety or interferes
with a medical procedure. Those circumstances shall be specified in
the standard, and shall include, but not be limited to, circumstances
where the technology is medically contraindicated or not more
effective than alternative measures used by the employer to prevent
exposure incidents.
(3) A requirement that written exposure control plans include an
effective procedure for identifying and selecting existing sharps
injury prevention technology of the type specified in paragraph (1).
(4) A requirement that written exposure control plans be updated
when necessary to reflect progress in implementing the sharps injury
prevention technology specified in paragraph (1).
(5) A requirement that information concerning exposure incidents
be recorded in a sharps injury log, including, but not limited to,
the type and brand of device involved in the incident.
(c) The Division of Occupational Safety and Health may consider
and propose for adoption by the board additional revisions to the
bloodborne pathogen standards to prevent sharps injuries or exposure
incidents including, but not limited to, training requirements and
measures to increase vaccinations.
(d) The Division of Occupational Safety and Health and the State
Department of Health Services shall jointly compile and maintain a
list of existing needleless systems and needles with engineered
sharps injury protection, which shall be available to assist
employers in complying with the requirements of the bloodborne
pathogen standard adopted pursuant to this section. The list may be
developed from existing sources of information, including, but not
limited to, the federal Food and Drug Administration, the federal
Centers for Disease Control, the National Institute of Occupational
Safety and Health, and the United States Department of Veterans
Affairs.
145. The board may employ necessary assistants, officers, experts,
and such other employees as it deems necessary. All such personnel of
the board shall be under the supervision of the chairman of the
board or an executive officer to whom he delegates such
responsibility. All such personnel shall be appointed pursuant to the
State Civil Service Act (Part 1 (commencing with Section 18000) of
Division 5 of Title 2 of the Government Code), except for the one
exempt deputy or employee allowed by subdivision (e) of Section 4 of
Article XXIV of the California Constitution.
145.1. The board and its duly authorized representatives in the
performance of its duties shall have the powers of a head of a
department as set forth in Article 2 (commencing with Section 11180)
of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government
Code.
146. In the conduct of hearings related to permanent variances, the
board and its representatives are not bound by common law or
statutory rules of evidence or by technical or formal rules of
procedure but shall conduct the hearings in accordance with Article 8
(commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of, and Section 11513 of, the Government Code.
A full and complete record shall be kept of all proceedings.
147. The board shall refer to the Division of Occupational Safety
and Health for evaluation any proposed occupational safety or health
standard or variance from adopted standards received by the board
from sources other than the division. The division shall submit a
report on the proposed standard or variance within 60 days of receipt
thereof.
147.1. In connection with the development and promulgation of
occupational health standards the Division of Occupational Safety and
Health shall perform all of the following functions:
(a) Analyze proposed and new federal occupational health
standards, evaluate their impact on California, determine any
necessity for their modification, and present proposed standards to
the board in sufficient time for the board to conduct hearings and
adopt standards within the time required.
(b) Maintain liaison with the National Institute of Occupational
Safety and Health and the federal Occupational Safety and Health
Administration in the development of recommended federal standards
and when appropriate provide representation on federal advisory
committees dealing with the development of occupational health
standards.
(c) On occupational health issues not covered by federal standards
maintain surveillance, determine the necessity for standards,
develop and present proposed standards to the board.
(d) Evaluate any proposed occupational health standard or
application for a variance of an occupational health standard
received by the board, and submit a report to the board on the
proposed standard or variance within 60 days of receipt thereof.
(e) Appear and testify at board hearings and other public
proceedings involving occupational health matters.
147.2. In accordance with Chapter 2 (commencing with Section 6350)
of Part 1 of Division 5 of this code and Section 105175 of the Health
and Safety Code, the Department of Industrial Relations shall, by
interagency agreement with the State Department of Health Services,
establish a repository of current data on toxic materials and harmful
physical agents in use or potentially in use in places of employment
in the state.
The repository shall fulfill all of the following functions:
(1) Provide reliable information of practical use to employers,
employees, representatives of employees, and other governmental
agencies on the possible hazards to employees of exposure to toxic
materials or harmful physical agents.
(2) Collect and evaluate toxicological and epidemiological data
and any other information that may be pertinent to establishing
harmful effects on health of exposure to toxic materials or harmful
physical agents. Nothing in this subdivision shall be construed as
authorizing the repository to require employers to report any
information not otherwise required by law.
(3) Recommend to the Chief of the Division of Occupational Safety
and Health Administration that an occupational safety and health
standard be developed whenever it has been determined that a
substance in use or potentially in use in places of employment is
potentially toxic at the concentrations or under the conditions used.
(4) Notify the Director of Food and Agriculture of any information
developed by the repository that is relevant to carrying out his or
her responsibilities under Chapters 2 (commencing with Section 12751)
and 3 (commencing with Section 14001) of Division 7 of the Food and
Agricultural Code.
The Director of Industrial Relations shall appoint an Advisory
Committee to the repository. The Advisory Committee shall consist of
four representatives from labor, four representatives from
management, four active practitioners in the occupational health
field, and three persons knowledgeable in biomedical statistics or
information storage and retrieval systems. The Advisory Committee
shall meet on a regular basis at the request of the director. The
committee shall be consulted by, and shall advise the director at
each phase of the structuring and functioning of the repository and
alert system with regard to, the procedures, methodology, validity,
and practical utility of collecting, evaluating, and disseminating
information concerning hazardous substances, consistent with the
primary goals and objectives of the repository.
Nothing in this section shall be construed to limit the ability of
the State Department of Health Services to propose occupational
safety and health standards to the Occupational Safety and Health
Standards Board.
Policies and procedures shall be developed to assure, to the
extent possible, that the repository uses and does not duplicate the
resources of the federal government and other states.
On or before December 31 of each year, the Department of
Industrial Relations shall submit a report to the Legislature
detailing the implementation and operation of the repository
including, but not limited to, the amount and source of funds
allocated and spent on repository activities, the toxic materials and
harmful physical agents investigated during the past year and
recommendations made concerning them, actions taken to inform
interested persons of the possible hazards of exposure to toxic
materials and harmful physical agents, and any recommendations for
legislative changes relating to the functions of the repository.
140. (a) There is in the Department of Industrial Relations, the
Occupational Safety and Health Standards Board which consists of
seven members who shall be appointed by the Governor. Two members
shall be from the field of management, two members shall be from the
field of labor, one member shall be from the field of occupational
health, one member shall be from the field of occupational safety and
one member shall be from the general public. Members representing
occupational safety and health fields and the public member shall be
selected from other than the fields of management or labor.
(b) Terms of office for members of the Industrial Safety Board
shall expire 60 days after the effective date of the amendment of
this section enacted at the 1973-74 Regular Session. Newly appointed
members of the Occupational Safety and Health Standards Board shall
assume their duties upon that date.
(c) The Governor shall designate the chairman of the board from
the membership of the board. The person so designated shall hold the
office of chairman at the pleasure of the Governor. The chairman
shall designate a member of the board to act as chairman in his
absence.
(d) As used in this chapter, "board" means the Occupational Safety
and Health Standards Board.
(e) All references in this or any other code to the Industrial
Safety Board shall be deemed to mean the Occupational Safety and
Health Standards Board.
141. (a) The terms of office of the members of the board shall be
four years and they shall hold office until the appointment and
qualification of a successor. The terms of the members of the board
first appointed shall expire as follows: three members, one
representative from management, one representative from labor, and
one representative from occupational health, on June 1, 1974; three
members, one representative from management, one representative from
labor, and one representative from occupational safety, on June 1,
1975; one member June 1, 1976. The terms shall thereafter expire in
the same relative order. Vacancies occurring shall be filled by
appointment to the unexpired term.
(b) Each member of the board shall receive one hundred dollars
($100) for each day of his or her actual attendance at meetings of
the board, and other official business of the board, and his or her
actual and necessary traveling expenses incurred in the performance
of his or her duty as a member.
142. The Division of Occupational Safety and Health shall enforce
all occupational safety and health standards adopted pursuant to this
chapter, and those heretofore adopted by the Industrial Accident
Commission or the Industrial Safety Board. General safety orders
heretofore adopted by the Industrial Accident Commission or the
Industrial Safety Board shall continue to remain in effect, but they
may be amended or repealed pursuant to this chapter.
142.1. The board shall meet at least monthly. The meetings shall be
rotated throughout the state at locations designated by the
chairman. All meetings held by the board shall be open and public.
Written notice of all meetings and a proposed agenda shall be given
to all persons who make request for the notice in writing to the
board.
142.2. At each of its meetings, the board shall make time available
to interested persons to propose new or revised orders or standards
appropriate for adoption pursuant to this chapter or other items
concerning occupational safety and health. The board shall consider
such proposed orders or standards and report its decision no later
than six months following receipt of such proposals.
142.3. (a) (1) The board, by an affirmative vote of at least four
members, may adopt, amend or repeal occupational safety and health
standards and orders. The board shall be the only agency in the state
authorized to adopt occupational safety and health standards.
(2) The board shall adopt standards at least as effective as the
federal standards for all issues for which federal standards have
been promulgated under Section 6 of the Occupational Safety and
Health Act of 1970 (P.L. 91-596) within six months of the
promulgation date of the federal standards and which, when applicable
to products which are distributed or used in interstate commerce,
are required by compelling local conditions and do not unduly burden
interstate commerce.
(3) No standard or amendment to any standard adopted by the board
that is substantially the same as a federal standard shall be subject
to Article 5 (commencing with Section 11346) and Article 6
(commencing with Section 11349) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. For purposes of this
subdivision, "substantially the same" means identical to the federal
standard with the exception of editorial and format differences
needed to conform to other state laws and standards.
(4) If a federal standard is promulgated and no state standard
that is at least as effective as the federal standard is adopted by
the board within six months of the date of promulgation of the
federal standard, the following provisions shall apply unless
adoption of the state standard is imminent:
(A) If there is no existing state standard covering the same
issues, the federal standard shall be deemed to be a standard adopted
by the board and enforceable by the division pursuant to Section
6317. This standard shall not be subject to Article 5 (commencing
with Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(B) If a state standard is in effect at the time a federal
standard is promulgated covering the same issue or issues, the board
may adopt the federal standard, or a portion thereof, as a standard
enforceable by the division pursuant to Section 6317; provided,
however, if a federal standard or portion thereof is adopted which
replaces an existing state standard or portion thereof, the federal
standard shall be as effective as the state standard or portion
thereof. No adoption of or amendment to any federal standard, or
portion thereof shall be subject to Article 5 (commencing with
Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(C) Any state standard adopted pursuant to subparagraph (A) or (B)
shall become effective at the time the standard is filed with the
Secretary of State, unless otherwise provided, but shall not take
effect before the effective date of the equivalent federal standard
and shall remain in effect for six months unless readopted by the
board for an additional six months or superseded by a standard
adopted by the board pursuant to paragraph (2) of subdivision (a).
(D) Any standard adopted pursuant to subparagraph (A), (B), or
(C), shall be published in Title 8 of the California Code of
Regulations in a manner similar to any other standards adopted
pursuant to paragraphs (1) and (2) of subdivision (a) of this
section.
(b) The State Building Standards Commission shall codify and
publish in a semiannual supplement to the California Building
Standards Code, or in a more frequent supplement if required by
federal law, all occupational safety and health standards that would
otherwise meet the definition of a building standard described in
Section 18909 of the Health and Safety Code adopted by the board in
the State Building Standards Code without reimbursement from the
board. These occupational safety and health standards may also be
published by the Occupational Safety and Health Standards Board in
other provisions in Title 8 of the California Code of Regulations
prior to publication in the California Building Standards Code if
that other publication includes an appropriate identification of
occupational safety and health standards contained in the other
publication.
(c) Any occupational safety or health standard or order
promulgated under this section shall prescribe the use of labels or
other appropriate forms of warning as are necessary to ensure that
employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions for safe use or exposure. Where
appropriate, these standards or orders shall also prescribe suitable
protective equipment and control or technological procedures to be
used in connection with these hazards and shall provide for
monitoring or measuring employee exposure at such locations and
intervals and in a manner as may be necessary for the protection of
employees. In addition, where appropriate, the occupational safety or
health standard or order shall prescribe the type and frequency of
medical examinations or other tests which shall be made available, by
the employer or at his or her cost, to employees exposed to such
hazards in order to most effectively determine whether the health of
such employee is adversely affected by this exposure.
(d) The results of these examinations or tests shall be furnished
only to the Division of Occupational Safety and Health, the State
Department of Health Services, any other authorized state agency, the
employer, the employee, and, at the request of the employee, to his
or her physician.
142.4. (a) Occupational safety and health standards and orders
shall be adopted, amended, or repealed as provided in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, except as modified by this chapter.
(b) If an emergency regulation is based upon an emergency
temporary standard published in the Federal Register by the Secretary
of Labor pursuant to Section 6(c)(1) of the Federal Occupational
Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)
(1)), the 120-day period specified in Section 11346.1 of the
Government Code shall be deemed not to expire until 120 days after a
permanent standard is promulgated by the Secretary of Labor pursuant
to Section 6(c)(3) of the Federal Occupational Safety and Health Act
of 1970 (29 U.S.C. Sec. 655(c)(3)).
142.7. (a) On or before October 1, 1987, the board shall adopt an
occupational safety and health standard concerning hazardous
substance removal work, so as to protect most effectively the health
and safety of employees. The standard shall include, but not be
limited to, requirements for all of the following:
(1) Specific work practices.
(2) Certification of all employees engaged in hazardous substance
removal-related work, except that no certification shall be required
for an employee whose only activity is the transportation of
hazardous substances which are subject to the requirement for a
certificate under Section 12804.1 of the Vehicle Code.
(3) Certification of supervisors with sufficient experience and
authority to be responsible for hazardous substance removal work.
(4) Designation of a qualified person who shall be responsible for
scheduling any air sampling, laboratory calibration of sampling
equipment, evaluation of soil or other contaminated materials
sampling results, and for conducting any equipment testing and
evaluating the results of the tests.
(5) Requiring that a safety and health conference be held for all
hazardous substance removal jobs before the start of actual work. The
conference shall include representatives of the owner or contracting
agency, the contractor, the employer, employees, and employee
representatives, and shall include a discussion of the employer's
safety and health program and the means, methods, devices, processes,
practices, conditions, or operations which the employer intends to
use in providing a safe and healthy place of employment.
(b) For purposes of this section, "hazardous substance removal
work" means cleanup work at any of the following:
(1) A site where removal or remedial action is taken pursuant to
either of the following:
(A) Chapter 6.8 (commencing with Section 25300) of Division 20 of
the Health and Safety Code, regardless of whether the site is listed
pursuant to Section 25356 of the Health and Safety Code.
(B) The federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.).
(2) A site where corrective action is taken pursuant to Section
25187 or 25200. 10 of the Health and Safety Code or the federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901
et seq.).
(3) A site where cleanup of a discharge of a hazardous substance
is required pursuant to Division 7 (commencing with Section 13000) of
the Water Code.
(4) A site where removal or remedial action is taken because a
hazardous substance has been discharged or released in an amount that
is reportable pursuant to Section 13271 of the Water Code or the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). "Hazardous
substance removal work" does not include work related to a hazardous
substance spill on a highway.
(c) Until the occupational safety and health standard required by
subdivision (a) is adopted by the board and becomes effective, the
occupational safety and health standard concerning hazardous
substance removal work shall be the standard adopted by the federal
government and codified in Section 1910.120 of Title 29 of the Code
of Federal Regulations. In addition, before actual work is started on
a hazardous substance removal job, a safety and health conference
shall be held that shall include the participants and involve a
discussion of the subjects described in paragraph (5) of subdivision
(a).
143. (a) Any employer may apply to the board for a permanent
variance from an occupational safety and health standard, order,
special order, or portion thereof, upon a showing of an alternate
program, method, practice, means, device, or process which will
provide equal or superior safety for employees.
(b) The board shall issue such variance if it determines on the
record, after opportunity for an investigation where appropriate and
a hearing, that the proponent of the variance has demonstrated by a
preponderance of the evidence that the conditions, practices, means,
methods, operations, or processes used or proposed to be used by an
employer will provide employment and places of employment to his
employees which are as safe and healthful as those which would
prevail if he complied with the standard. The variance so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which he must
adopt and utilize to the extent they differ from the standard in
question.
(c) The board is authorized to grant a variance from any standard
or portion thereof whenever it determines such variance is necessary
to permit an employer to participate in an experiment approved by the
director designed to demonstrate or validate new and improved
techniques to safeguard the health or safety of workers.
(d) A permanent variance may be modified or revoked upon
application by an employer, employees, or the division, or by the
board on its own motion, in the manner prescribed for its issuance
under this section at any time.
143.1. The board shall conduct hearings on such requests for a
permanent variance after employees or employee representatives are
properly notified and given an opportunity to appear. All board
decisions on permanent variance requests shall be final except for
any rehearing or judicial review provided for by law.
143.2. The board, acting as a whole, may adopt, amend, or repeal
rules of practice and procedure pertaining to hearings on
applications for permanent variances, variance appeals, and other
matters within its jurisdiction. All rules of practice and procedure
amendments thereto, or repeal thereof, shall be made in accordance
with the provisions of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
144. (a) The authority of any agency, department, division, bureau
or any other political subdivision other than the Division of
Occupational Safety and Health to assist in the administration or
enforcement of any occupational safety or health standard, order, or
rule adopted pursuant to this chapter shall be contained in a written
agreement with the Department of Industrial Relations or an agency
authorized by the department to enter into such agreement.
(b) No such agreement shall deprive the Division of Occupational
Safety and Health or other state agency to which authority has been
delegated of any power or authority of the state agency.
(c) Such an agreement may provide for the right of access of an
authorized representative of the designated agency to enter any place
of employment which is under the jurisdiction of the Division of
Occupational Safety and Health.
(d) If any representative of an agency operating under such an
agreement becomes aware of an imminent hazard, he shall notify the
employer and affected employees of the hazard and immediately notify
the Division of Occupational Safety and Health.
(e) Nothing in this section shall affect or limit the authority of
any state or local agency as to any matter other than the
enforcement of occupational safety and health standards adopted by
the board; however, nothing herein shall limit or reduce the
authority of local agencies to adopt and enforce higher standards
relating to occupational safety and health for their own employees.
144.5. (a) The Division of Occupational Safety and Health in
connection with the enforcement of occupational safety and health
standards adopted pursuant to this chapter shall do all of the
following:
(1) Conduct inspections or investigations related to specific
workplaces for the evaluation of occupational health problems or
environmental conditions which may be harmful to the health of
employees.
(2) Upon request of any employer or employee, or on its own
initiative, conduct special investigations or studies of occupational
health problems which are unrelated to a specific enforcement action
to the extent the circumstances indicate and priorities permit.
(3) Provide a continuing program of training for safety engineers
of the Division of Occupational Safety and Health in the recognition
of health hazards, in dealing with such hazards that do not require
specialized competence or equipment and in acquainting them with the
skills available from the State Department of Health Services and
local health agencies.
(b) (1) When requested by a local health department, the Division
of Occupational Safety and Health shall enter into a written
agreement with such local health department to conduct inspections
and evaluations of occupational health problems, including
environmental and sanitary conditions, in places of employment.
(2) Any such agreement shall be subject to the provisions of
Section 144. It shall be entered into only after a finding that the
local health department can meet the necessary standards of
performance for inspections and evaluations to be conducted pursuant
to the agreement.
(3) Such agreement shall not be binding upon either party unless
and until it has been fully approved by the United States Department
of Labor.
(4) Such agreements shall be completed by the Division of
Occupational Safety and Health and submitted for approval to the
United States Department of Labor not later than six months from the
date of request by the local health department.
(5) Inspection services performed under the agreement shall be
conducted pursuant to the occupational safety and health standards
adopted pursuant to this chapter.
144.6. In promulgating standards dealing with toxic materials or
harmful physical agents, the board shall adopt that standard which
most adequately assures, to the extent feasible, that no employee
will suffer material impairment of health or functional capacity even
if such employee has regular exposure to a hazard regulated by such
standard for the period of his working life. Development of standards
under this section shall be based upon research, demonstrations,
experiments, and such other information as may be appropriate. In
addition to the attainment of the highest degree of health and safety
protection for the employee, other considerations shall be the
latest available scientific data in the field, the reasonableness of
the standards, and experience gained under this and other health and
safety laws. Whenever practicable, the standard promulgated shall be
expressed in terms of objective criteria and of the performance
desired.
144.7. (a) The board shall, no later than January 15, 1999, adopt
an emergency regulation revising the bloodborne pathogen standard
currently set forth in Section 5193 of Title 8 of the California Code
of Regulations in accordance with subdivision (b). Following
adoption of the emergency regulation, the board shall complete the
regulation adoption process and shall formally adopt a regulation
embodying a bloodborne pathogen standard meeting the requirements of
subdivision (b), which regulation shall become operative no later
than August 1, 1999. Notwithstanding Section 11346.1 of the
Government Code, the emergency regulation adopted pursuant to this
subdivision shall remain in effect until the nonemergency regulation
becomes operative or until August 1, 1999, whichever first occurs.
(b) The board shall adopt a standard, as described in subdivision
(a), to be developed by the Division of Occupational Safety and
Health. The standard shall include, but not be limited to, the
following:
(1) A revised definition of "engineering controls" that includes
sharps injury prevention technology including, but not limited to,
needleless systems and needles with engineered sharps injury
protection, which shall be defined in the standard.
(2) A requirement that sharps injury prevention technology
specified in paragraph (1) be included as engineering or work
practice controls, except in cases where the employer or other
appropriate party can demonstrate circumstances in which the
technology does not promote employee or patient safety or interferes
with a medical procedure. Those circumstances shall be specified in
the standard, and shall include, but not be limited to, circumstances
where the technology is medically contraindicated or not more
effective than alternative measures used by the employer to prevent
exposure incidents.
(3) A requirement that written exposure control plans include an
effective procedure for identifying and selecting existing sharps
injury prevention technology of the type specified in paragraph (1).
(4) A requirement that written exposure control plans be updated
when necessary to reflect progress in implementing the sharps injury
prevention technology specified in paragraph (1).
(5) A requirement that information concerning exposure incidents
be recorded in a sharps injury log, including, but not limited to,
the type and brand of device involved in the incident.
(c) The Division of Occupational Safety and Health may consider
and propose for adoption by the board additional revisions to the
bloodborne pathogen standards to prevent sharps injuries or exposure
incidents including, but not limited to, training requirements and
measures to increase vaccinations.
(d) The Division of Occupational Safety and Health and the State
Department of Health Services shall jointly compile and maintain a
list of existing needleless systems and needles with engineered
sharps injury protection, which shall be available to assist
employers in complying with the requirements of the bloodborne
pathogen standard adopted pursuant to this section. The list may be
developed from existing sources of information, including, but not
limited to, the federal Food and Drug Administration, the federal
Centers for Disease Control, the National Institute of Occupational
Safety and Health, and the United States Department of Veterans
Affairs.
145. The board may employ necessary assistants, officers, experts,
and such other employees as it deems necessary. All such personnel of
the board shall be under the supervision of the chairman of the
board or an executive officer to whom he delegates such
responsibility. All such personnel shall be appointed pursuant to the
State Civil Service Act (Part 1 (commencing with Section 18000) of
Division 5 of Title 2 of the Government Code), except for the one
exempt deputy or employee allowed by subdivision (e) of Section 4 of
Article XXIV of the California Constitution.
145.1. The board and its duly authorized representatives in the
performance of its duties shall have the powers of a head of a
department as set forth in Article 2 (commencing with Section 11180)
of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government
Code.
146. In the conduct of hearings related to permanent variances, the
board and its representatives are not bound by common law or
statutory rules of evidence or by technical or formal rules of
procedure but shall conduct the hearings in accordance with Article 8
(commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of, and Section 11513 of, the Government Code.
A full and complete record shall be kept of all proceedings.
147. The board shall refer to the Division of Occupational Safety
and Health for evaluation any proposed occupational safety or health
standard or variance from adopted standards received by the board
from sources other than the division. The division shall submit a
report on the proposed standard or variance within 60 days of receipt
thereof.
147.1. In connection with the development and promulgation of
occupational health standards the Division of Occupational Safety and
Health shall perform all of the following functions:
(a) Analyze proposed and new federal occupational health
standards, evaluate their impact on California, determine any
necessity for their modification, and present proposed standards to
the board in sufficient time for the board to conduct hearings and
adopt standards within the time required.
(b) Maintain liaison with the National Institute of Occupational
Safety and Health and the federal Occupational Safety and Health
Administration in the development of recommended federal standards
and when appropriate provide representation on federal advisory
committees dealing with the development of occupational health
standards.
(c) On occupational health issues not covered by federal standards
maintain surveillance, determine the necessity for standards,
develop and present proposed standards to the board.
(d) Evaluate any proposed occupational health standard or
application for a variance of an occupational health standard
received by the board, and submit a report to the board on the
proposed standard or variance within 60 days of receipt thereof.
(e) Appear and testify at board hearings and other public
proceedings involving occupational health matters.
147.2. In accordance with Chapter 2 (commencing with Section 6350)
of Part 1 of Division 5 of this code and Section 105175 of the Health
and Safety Code, the Department of Industrial Relations shall, by
interagency agreement with the State Department of Health Services,
establish a repository of current data on toxic materials and harmful
physical agents in use or potentially in use in places of employment
in the state.
The repository shall fulfill all of the following functions:
(1) Provide reliable information of practical use to employers,
employees, representatives of employees, and other governmental
agencies on the possible hazards to employees of exposure to toxic
materials or harmful physical agents.
(2) Collect and evaluate toxicological and epidemiological data
and any other information that may be pertinent to establishing
harmful effects on health of exposure to toxic materials or harmful
physical agents. Nothing in this subdivision shall be construed as
authorizing the repository to require employers to report any
information not otherwise required by law.
(3) Recommend to the Chief of the Division of Occupational Safety
and Health Administration that an occupational safety and health
standard be developed whenever it has been determined that a
substance in use or potentially in use in places of employment is
potentially toxic at the concentrations or under the conditions used.
(4) Notify the Director of Food and Agriculture of any information
developed by the repository that is relevant to carrying out his or
her responsibilities under Chapters 2 (commencing with Section 12751)
and 3 (commencing with Section 14001) of Division 7 of the Food and
Agricultural Code.
The Director of Industrial Relations shall appoint an Advisory
Committee to the repository. The Advisory Committee shall consist of
four representatives from labor, four representatives from
management, four active practitioners in the occupational health
field, and three persons knowledgeable in biomedical statistics or
information storage and retrieval systems. The Advisory Committee
shall meet on a regular basis at the request of the director. The
committee shall be consulted by, and shall advise the director at
each phase of the structuring and functioning of the repository and
alert system with regard to, the procedures, methodology, validity,
and practical utility of collecting, evaluating, and disseminating
information concerning hazardous substances, consistent with the
primary goals and objectives of the repository.
Nothing in this section shall be construed to limit the ability of
the State Department of Health Services to propose occupational
safety and health standards to the Occupational Safety and Health
Standards Board.
Policies and procedures shall be developed to assure, to the
extent possible, that the repository uses and does not duplicate the
resources of the federal government and other states.
On or before December 31 of each year, the Department of
Industrial Relations shall submit a report to the Legislature
detailing the implementation and operation of the repository
including, but not limited to, the amount and source of funds
allocated and spent on repository activities, the toxic materials and
harmful physical agents investigated during the past year and
recommendations made concerning them, actions taken to inform
interested persons of the possible hazards of exposure to toxic
materials and harmful physical agents, and any recommendations for
legislative changes relating to the functions of the repository.
