citation: LAB § 7316

text: 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.

history: (History: Amended by Stats. 2004, Ch. 503, Sec. 15. Effective January 1, 2005.)


kind: section

code: LAB

citation: LAB § 7317

text:
(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.

history: (History: Amended by Stats. 2002, Ch. 1149, Sec. 33. Effective January 1, 2003.)

division: 5. SAFETY IN EMPLOYMENT

path: 5. SAFETY IN EMPLOYMENT > 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances


citation: LAB § 7318

text: Nothing in this chapter limits the authority of the division to prescribe or enforce general or special safety orders.

history: (History: Amended by Stats. 2002, Ch. 1149, Sec. 34. Effective January 1, 2003.)

chapter: 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances


citation: LAB § 7319

text: 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.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 224. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)


citation: LAB § 7320

text: 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.

history: (History: Amended by Stats. 2002, Ch. 1149, Sec. 35. Effective January 1, 2003.)


citation: LAB § 7321

text:
(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.

history: (History: Amended by Stats. 2002, Ch. 1149, Sec. 36. Effective January 1, 2003.)


text: 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.

history: (History: Amended by Stats. 2002, Ch. 1149, Sec. 37. Effective January 1, 2003.)


citation: LAB § 7322

text:
(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.

history: (History: Amended by Stats. 2002, Ch. 1149, Sec. 38. Effective January 1, 2003.)


citation: LAB § 7323

text: 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.

history: (History: Added by Stats. 2002, Ch. 1149, Sec. 39. Effective January 1, 2003.)


citation: LAB § 7324

text: 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.

history: (History: Amended by Stats. 2004, Ch. 503, Sec. 16. Effective January 1, 2005.)


text: 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.

history: (History: Added by Stats. 2002, Ch. 1149, Sec. 41. Effective January 1, 2003.)


text: 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.

history: (History: Added by Stats. 2002, Ch. 1149, Sec. 42. Effective January 1, 2003.)


citation: LAB § 7325

text: “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.

history: (History: Amended by Stats. 1945, Ch. 1431.)

path: 5. SAFETY IN EMPLOYMENT > 3. Safety Devices Upon Buildings to Safeguard Window Cleaners


citation: LAB § 7326

text: 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.

history: (History: Amended by Stats. 1979, Ch. 1152.)

chapter: 3. Safety Devices Upon Buildings to Safeguard Window Cleaners


citation: LAB § 7327

text: 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.


citation: LAB § 7328

text: 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.

history: (History: Added by Stats. 1941, Ch. 544.)


citation: LAB § 7329

text: 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.


citation: LAB § 7330

text: 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.


citation: LAB § 7331

text:
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.


citation: LAB § 7332

text: The division shall enforce the provisions of this chapter.


citation: LAB § 7340

text:
As used in this chapter:

(a) “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 a passenger tramway in any place.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 200. (SB 836) Effective June 27, 2016.)

chapter: 4. Passenger Tramways

path: 5. SAFETY IN EMPLOYMENT > 4. Passenger Tramways


citation: LAB § 7341

text: A passenger tramway shall not be operated in any place in this state unless a permit for the operation of the tramway is issued by the division, and unless the permit remains in effect and is kept posted conspicuously in the main operating terminal of the tramway.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 201. (SB 836) Effective June 27, 2016.)


citation: LAB § 7342

text: The operation of a 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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 202. (SB 836) Effective June 27, 2016.)


citation: LAB § 7343

text: Whenever a 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 passenger tramway is located for an injunction restraining the operation of the 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 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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 203. (SB 836) Effective June 27, 2016.)


citation: LAB § 7344

text:
(a) The division shall cause all 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 a 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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 204. (SB 836) Effective June 27, 2016.)


citation: LAB § 7345

text: If inspection shows a passenger tramway to be in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the passenger tramway that 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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 205. (SB 836) Effective June 27, 2016.)


citation: LAB § 7346

text: 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 passenger tramway may appear and show cause why he should not comply with the order.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 206. (SB 836) Effective June 27, 2016.)


citation: LAB § 7347

text: If it thereafter appears to the division that the 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 the passenger tramway safe, the division may order or confirm the withholding of the permit and may make requirements as it determines to be proper for its repair or alteration or for the correction of the unsafe condition. The order may thereafter be reheard by the division or reviewed by the courts only in the manner specified for safety orders by Part 1 (commencing with Section 6300).

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 207. (SB 836) Effective June 27, 2016.)


citation: LAB § 7348

text: If the operation of a 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 of the tramway for a term not to exceed 30 days during the making of repairs or alterations.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 208. (SB 836) Effective June 27, 2016.)


citation: LAB § 7349

text: 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.

history: (History: Amended by Stats. 1974, Ch. 863.)


citation: LAB § 7350

text:
(a) The division shall fix and collect fees for the inspection of passenger tramways as it deems necessary to cover the costs of the division in administering this chapter. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter. The division shall not charge an inspection fee for inspections performed by certified insurance inspectors, but may charge a fee for 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 a 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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 209. (SB 836) Effective June 27, 2016.)


citation: LAB § 7351

text: Fees shall be paid before issuance of a permit to operate a 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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 210. (SB 836) Effective June 27, 2016.)


citation: LAB § 7352

text:
(a) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund to support the division’s passenger tramway inspection program.

(b) On the effective date of the statute adding this subdivision, any moneys in the Elevator Safety Account that, before that date, were deposited pursuant to this section, subdivision (a) of Section 7904, or subdivision (b) of Section 7929 shall be transferred to the Occupational Safety and Health Fund, together with any assets, liabilities, revenues, expenditures, and encumbrances of that fund that are attributable to the division’s passenger tramway inspection program under this chapter, the portable amusement ride inspection program under Part 8 (commencing with Section 7900), and the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920)).

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 211. (SB 836) Effective June 27, 2016.)


citation: LAB § 7353

text:
(a) A passenger tramway shall not be constructed or altered until the plans and design information have been properly certified to the division by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).

(b) Any person who owns, has custody of, manages, or operates a passenger tramway shall notify the division prior to any major repair of the tramway.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 212. (SB 836) Effective June 27, 2016.)


citation: LAB § 7354

text: The division shall not issue an operating permit to operate a passenger tramway until it receives certification in writing by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) that the erection work on the tramway has been completed in accordance with the design and erection plans for the tramway.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 213. (SB 836) Effective June 27, 2016.)


text:
(a) 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 registered in California pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, any passenger tramway used as a ski lift, the division may, if it finds those inspections were made according to subdivisions (a) and (b) of Section 7344, accept the 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. A private inspector shall, before commencing his or her duties therein, secure from the division a certificate of competency to make inspections. The division may determine the competency of any applicant for a certificate, either by examination or by other satisfactory proof of qualification.

(b) 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 a form and content as the division finds necessary for acceptance as a proper inspection made by a private inspector.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 214. (SB 836) Effective June 27, 2016.)


citation: LAB § 7355

text: Nothing in the foregoing sections of this chapter shall limit the authority of the division to prescribe or enforce general or special safety orders.

history: (History: Added by Stats. 1965, Ch. 1047.)


citation: LAB § 7356

text: The division shall, under the authority of Section 7355, promulgate and cause to be published safety orders directing each owner or operator of a passenger tramway to report to the division each known incident where the maintenance, operation, or use of the tramway results in injury to any person, unless the injury does not require medical service other than ordinary first aid treatment.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 215. (SB 836) Effective June 27, 2016.)


citation: LAB § 7357

text: The division shall establish standards for the qualification of persons engaged in the operation of 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 passenger tramways and those engaged in their operation.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 216. (SB 836) Effective June 27, 2016.)


citation: LAB § 7358

text:
(a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe design, manufacture, installation, repair, maintenance, use, operation, and inspection of all passenger tramways as the division finds necessary for the protection of the general public using passenger tramways.

(b) The division shall adopt all other rules and regulations necessary for the administration and enforcement of this chapter.

(c) Nothing in this section shall affect the validity of existing regulations applicable to passenger tramways or shall limit the authority of the division or the Occupational Safety and Health Standards Board to prescribe or enforce general or special safety orders.

history: (History: Added by Stats. 2023, Ch. 133, Sec. 2. (AB 1766) Effective January 1, 2024.)


citation: LAB § 7370

text: (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.

history: (History: Added by Stats. 1990, Ch. 1033, Sec. 1.)

chapter: 5. Cranes

article: 1. Permits for Tower Cranes

path: 5. SAFETY IN EMPLOYMENT > 5. Cranes > 1. Permits for Tower Cranes


citation: LAB § 7371

text:
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.

history: (History: Amended by Stats. 1992, Ch. 254, Sec. 1. Effective January 1, 1993.)

article: 1. Permits for Tower Cranes


citation: LAB § 7372

text:
(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.

article: 1. Permits for Tower Cranes


citation: LAB § 7373

text:
(a) A tower crane shall not 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 fees to be charged for these permits in an amount sufficient to cover the costs of administering this article. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this article.

(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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 217. (SB 836) Effective June 27, 2016.)

article: 1. Permits for Tower Cranes


citation: LAB § 7374

text:
(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.

article: 1. Permits for Tower Cranes


citation: LAB § 7375

text:
(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.

history: (History: Amended by Stats. 1994, Ch. 604, Sec. 1. Effective January 1, 1995.)

article: 2. Certification

path: 5. SAFETY IN EMPLOYMENT > 5. Cranes > 2. Certification


citation: LAB § 7376

text:
(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.

article: 2. Certification


citation: LAB § 7377

text: Revocation of a license to certify may be appealed to the Director of Industrial Relations.

article: 2. Certification


citation: LAB § 7378

text: 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.

article: 2. Certification


citation: LAB § 7379

text: 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.

article: 2. Certification


citation: LAB § 7380

text:
(a) The division shall set fees for the examination and licensing of crane certifiers as necessary to cover the costs of administering this article. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this article.

(b) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund.

history: (History: Repealed and added by Stats. 2016, Ch. 31, Sec. 219. (SB 836) Effective June 27, 2016.)

article: 2. Certification


citation: LAB § 7381

text:
(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) for each serious violation. The penalty shall not be reduced for any of the reasons listed in Section 6319.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 34. (SB 96) Effective June 27, 2017.)

article: 2. Certification


citation: LAB § 7382

text: 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.

article: 2. Certification


citation: LAB § 7383

text:
(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.

article: 2. Certification


citation: LAB § 7384

text: 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.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 494. Effective January 1, 2007.)

article: 2. Certification


citation: LAB § 7500

text: 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.

history: (History: Enacted by Stats. 1937, Ch. 90.)

chapter: 3. Underground Telephones

path: 5. SAFETY IN EMPLOYMENT > 3. Underground Telephones


citation: LAB § 7501

text: The failure or refusal of any owner or lessee to install or maintain such telephone system is a misdemeanor.


citation: LAB § 7600

text: 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.

history: (History: Amended by Stats. 1971, Ch. 1748.)

part: 5. SHIPS AND VESSELS

path: 5. SAFETY IN EMPLOYMENT > 3. Underground Telephones > 5. SHIPS AND VESSELS


citation: LAB § 7601

text: Handtrucks shall be maintained in a safe condition by the employer. Handles shall be maintained free of hazardous burrs, splinters, cracks or splits.

history: (History: Repealed and added by Stats. 1967, Ch. 398.)


citation: LAB § 7602

text: Handtools shall be kept in good condition and be safely stored by the employer. Unsafe handtools shall not be used.


citation: LAB § 7603

text:
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.


citation: LAB § 7604

text: 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.


citation: LAB § 7605

text: 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.


citation: LAB § 7606

text:
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.


citation: LAB § 7607

text: 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.


citation: LAB § 7608

text: Any person who violates any provisions of this part is guilty of a misdemeanor.

history: (History: Added by renumbering Section 7601 by Stats. 1963, Ch. 928.)


citation: LAB § 7609

text: The provisions of Sections 7601 to 7607, inclusive, shall be applicable to longshore and stevedore operations.


citation: LAB § 7611

text: Nothing in the foregoing sections of this part shall limit the authority of the division to prescribe or enforce general or special safety orders.


citation: LAB § 7620

text: “Division,” as used in this part, means the Division of Occupational Safety and Health.

history: (History: Amended by Stats. 1980, Ch. 676.)

path: 5. SAFETY IN EMPLOYMENT > 1. Scope of Chapter and General Provisions


citation: LAB § 7621

text: “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.

history: (History: Amended by Stats. 1949, Ch. 1530.)

chapter: 1. Scope of Chapter and General Provisions


citation: LAB § 7622

text: “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.


citation: LAB § 7623

text: 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.


citation: LAB § 7624

text:
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 112 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.

history: (History: Amended by Stats. 1970, Ch. 518.)


citation: LAB § 7625

text:
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.

history: (History: Added by Stats. 1945, Ch. 1142.)


citation: LAB § 7626

text: This part does not limit the authority of the division to prescribe or enforce general or special safety orders.


citation: LAB § 7650

text:
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.

chapter: 2. Administration

path: 5. SAFETY IN EMPLOYMENT > 2. Administration


citation: LAB § 7651

text: A certificate of competency may be obtained by application made to the division.


citation: LAB § 7652

text: The division may determine by examination the competency of an applicant for a certificate of competency.


text: 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.

history: (History: Added by Stats. 1957, Ch. 1347.)


citation: LAB § 7653

text: Upon good cause being shown therefor, the division may revoke a certificate of competency.


citation: LAB § 7654

text:
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.


citation: LAB § 7655

text: 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.

history: (History: Amended by Stats. 1983, Ch. 142, Sec. 119.)


citation: LAB § 7680

text: No tank or boiler shall be operated unless a permit for its operation has been issued by or in behalf of the division.

history: (History: Amended by Stats. 1976, Ch. 467.)

chapter: 3. Operation of Tanks and Boilers

path: 5. SAFETY IN EMPLOYMENT > 3. Operation of Tanks and Boilers


citation: LAB § 7681

text:
(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.

history: (History: Amended by Stats. 1987, Ch. 1216, Sec. 1.)


citation: LAB § 7682

text:
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.

history: (History: Amended by Stats. 1988, Ch. 684, Sec. 1.)


citation: LAB § 7683

text:
(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.

history: (History: Amended by Stats. 1980, Ch. 1279.)


citation: LAB § 7684

text: 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.

history: (History: Amended by Stats. 1985, Ch. 413, Sec. 2.)


citation: LAB § 7685

text: The division may issue and renew temporary permits for not to exceed 30 days each, pending the making of replacements or repairs.


citation: LAB § 7686

text: Upon good cause being shown therefor, and after notice and an opportunity to be heard, the division may revoke any permit.


citation: LAB § 7687

text: 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.


citation: LAB § 7688

text: 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.


citation: LAB § 7689

text: 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.


citation: LAB § 7690

text: 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.


citation: LAB § 7691

text: 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.


citation: LAB § 7692

text: 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.


citation: LAB § 7720

text: The division shall not charge an inspection fee where an inspection is made by a certified inspector if the inspection has been made and reports have been submitted within the time limits specified in this part.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 220. (SB 836) Effective June 27, 2016.)

chapter: 4. Inspection Fees

path: 5. SAFETY IN EMPLOYMENT > 4. Inspection Fees


citation: LAB § 7721

text:
(a) The division shall 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 shall fix and collect the fees for the inspection of pressure vessels by a division safety engineer. The division may charge an additional fee for necessary subsequent inspections to determine if applicable safety orders have been complied with.

(b) The division shall charge a fee for processing a permit.

(c) The division shall fix and collect fees for field consultations regarding pressure vessels.

(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 in amounts sufficient to cover the direct and indirect costs of the division for administering this part and 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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 221. (SB 836) Effective June 27, 2016.)


citation: LAB § 7722

text:
(a) The fees collected under this part 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.

(b) 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.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 222. (SB 836) Effective June 27, 2016.)


citation: LAB § 7725

text:
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.


citation: LAB § 7726

text: All inspection fees shall be paid before the issuance of a permit.

history: (History: Added by renumbering Section 7723 by Stats. 1949, Ch. 1530.)


citation: LAB § 7728

text: 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.

history: (History: Added by Stats. 1965, Ch. 1191.)


citation: LAB § 7750

text:
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.

chapter: 5. Offenses

path: 5. SAFETY IN EMPLOYMENT > 5. Offenses


citation: LAB § 7770

text: 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.

chapter: 6. Mismanagement of Steam Boilers

path: 5. SAFETY IN EMPLOYMENT > 6. Mismanagement of Steam Boilers


citation: LAB § 7771

text: 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.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 223. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: LAB § 7800

text: “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.

history: (History: Added by Stats. 1953, Ch. 922.)

part: 7. VOLATILE FLAMMABLE LIQUIDS

path: 5. SAFETY IN EMPLOYMENT > 6. Mismanagement of Steam Boilers > 7. VOLATILE FLAMMABLE LIQUIDS


citation: LAB § 7801

text: “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.

history: (History: Amended by Stats. 1980, Ch. 676.)


citation: LAB § 7802

text: The Occupational Safety and Health Standards Board shall adopt general orders pursuant to Section 6500, to make effective the provisions of this part.


citation: LAB § 7803

text: 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.


citation: LAB § 7850

text: This part shall be known and cited as the California Refinery and Chemical Plant Worker Safety Act of 1990.

history: (History: Added by Stats. 1990, Ch. 1632, Sec. 1.)

chapter: 1. General

path: 5. SAFETY IN EMPLOYMENT > 1. General


citation: LAB § 7851

text: 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 ensure worker safety. The Legislature also recognizes that a key element for ensuring 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 refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented.

history: (History: Amended by Stats. 2024, Ch. 978, Sec. 1. (AB 3258) Effective January 1, 2025.)


citation: LAB § 7852

text:
(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 Safety and Health promote worker safety through implementation of training and process safety management practices in 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 by March 31, 2014.

history: (History: Amended by Stats. 2024, Ch. 978, Sec. 2. (AB 3258) Effective January 1, 2025.)


citation: LAB § 7853

text:
For the purposes of this part:

(a) “Biofuel” means biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock.

(b) “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.

(c) “Refinery” means an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.

history: (History: Amended by Stats. 2024, Ch. 978, Sec. 3. (AB 3258) Effective January 1, 2025.)


citation: LAB § 7855

text: 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 refineries, chemical plants, and other related manufacturing facilities.

history: (History: Amended by Stats. 2024, Ch. 978, Sec. 4. (AB 3258) Effective January 1, 2025.)

chapter: 2. Process Safety Management Standards

path: 5. SAFETY IN EMPLOYMENT > 2. Process Safety Management Standards


citation: LAB § 7856

text:
(a) By March 31, 2014, 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 regulated substances as defined in subdivision (i) of Section 25532 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.

(b) By January 1, 2026, the division shall propose, and the board shall consider for adoption, regulations that implement this part for refineries.

history: (History: Amended by Stats. 2024, Ch. 978, Sec. 5. (AB 3258) Effective January 1, 2025.)


citation: LAB § 7857

text: The process safety management standards shall include provisions dealing with the items prescribed by Sections 7858 to 7868, inclusive, of this chapter.


citation: LAB § 7858

text: 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.


citation: LAB § 7859

text: 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.


citation: LAB § 7860

text:
(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.


citation: LAB § 7861

text:
(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.


citation: LAB § 7862

text:
(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.


citation: LAB § 7863

text: 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.


citation: LAB § 7864

text: 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.


citation: LAB § 7865

text: 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.


citation: LAB § 7866

text: 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.


citation: LAB § 7867

text: 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.


citation: LAB § 7868

text: 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.


citation: LAB § 7870

text: Notwithstanding the availability of federal funds to carry out the purposes of this part, the division shall annually fix and collect reasonable fees for consultation, inspection, adoption of standards, and other duties conducted pursuant to this part. The fees shall be adopted by March 31, 2014. All revenue collected from these fees shall be deposited into the Occupational Safety and Health Fund. The fees shall be sufficient to support, at a minimum, the annual cost of 15 positions. The expenditure of these funds shall be subject to appropriation by the Legislature in the annual Budget Act or other measure.

history: (History: Amended by Stats. 2013, Ch. 28, Sec. 44. (SB 71) Effective June 27, 2013.)


citation: LAB § 7872

text:
(a) As used in this section and in Section 7873, “turnaround” means a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. “Turnaround” does not include unplanned shutdowns that occur due to emergencies or other unexpected maintenance matters in a process unit or plant. “Turnaround” also does not include routine maintenance, where routine maintenance consists of regular, periodic maintenance on one or more pieces of equipment at a refinery process unit or plant that may require shutdown of that equipment.

(b) Every September 15, every refinery employer shall submit to the division a full schedule of planned turnarounds for all affected units for the following calendar year.

(c) At the request of the division, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review the following documentation for the process unit or plant scheduled to be shut down for that turnaround:

(1) All corrosion reports and risk-based inspection reports generated since the last turnaround.

(2) Process hazard analyses generated since the last turnaround.

(3) Boiler permit schedules.

(4) All management of change records related to repairs, design modifications, and process changes implemented since the last turnaround or scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).

(5) Work orders scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b).

(6) All temporary repairs made since the last turnaround, including, but not limited to, clamps and encapsulations. As used in this section, “temporary repairs” means repairs made to piping systems in order to restore sufficient integrity to continue safe operation until permanent repairs can be scheduled.

(7) Notification and description of all repairs, design modifications, or process changes described in a corrosion report, risk-based inspection report, process hazard analysis, boiler permit schedule, management of change record, work order, or other document listed in paragraphs (1) to (6), inclusive, that the refinery employer has deferred to a subsequent operational period or turnaround.

(d) The division may request additional information as necessary to perform its responsibilities in this part pursuant to Section 6314.

(e) At the request of the division, at least 30 days before the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review any changes to the information or documents reviewed by the division pursuant to subdivision (c) and relevant supporting documents.

(f) At the division’s request, a refinery employer shall provide the division with physical copies, or, at the division’s discretion, electronic copies if available, of the documentation reviewed by the division pursuant to subdivisions (c), (d), and (e).

(g) By agreement with a refinery employer, the division may modify the reporting period as to any individual item of information.

(h) This section is not intended to limit or increase the division’s authority in Part 1 (commencing with Section 6300) to prohibit use of a place of employment, machine, device, apparatus, or equipment or any part thereof that constitutes an imminent hazard to employees.

(i) The Legislature finds and declares that the purpose of this section is to improve the ability of the state to conduct inspections of refining operations.

history: (History: Amended by Stats. 2024, Ch. 978, Sec. 6. (AB 3258) Effective January 1, 2025.)


citation: LAB § 7873

text:
(a) As used in this section, “trade secret” means a trade secret as defined in subdivision (f) of Section 7924.510 of the Government Code or Section 1061 of the Evidence Code, and shall include the schedule submitted to the division pursuant to subdivision (b) of Section 7872 of this code, and the scheduling, duration, layout, configuration, and type of work to be performed during a turnaround. Upon completion of a turnaround, the scheduling and duration of that turnaround shall no longer be considered a trade secret. The wages, hours, benefits, job classifications, and training standards for employees performing work for refinery employers is not a trade secret.

(b) (1) If a refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the refinery employer shall nevertheless provide this information to the division. The refinery employer, at the time of submission, may identify all or a portion of the information submitted to the division as trade secret and, to the extent feasible, segregate records designated as trade secret from the other records.

(2) Subject to subdivisions (c), (d), and (g), the division shall not release to the public any information designated as a trade secret by the refinery employer pursuant to paragraph (1).

(c) (1) Upon the receipt of a request for the release of information to the public that includes information that the refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the refinery employer in writing of the request by certified mail, return receipt requested.

(2) The division shall release the requested information to the public, unless both of the following occur:

(A) Within 30 days of receipt of the notice of the request for information, the refinery employer files an action in an appropriate court for a declaratory judgment that the information is subject to protection as a trade secret, as defined in subdivision (a), and promptly notifies the division of that action.

(B) Within 120 days of receipt of the notice of the request for information, the refinery employer obtains an order prohibiting disclosure of the information to the public and promptly notifies the division of that action.

(3) This subdivision shall not be construed to allow a refinery employer to refuse to disclose the information required pursuant to this section to the division.

(d) Except as provided in subdivision (c), any information that has been designated as a trade secret by a refinery employer shall not be released to any member of the public, except that the information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division.

(e) (1) The refinery employer filing an action pursuant to paragraph (2) of subdivision (c) shall provide notice of the action to the person requesting the release of the information at the same time that the defendant in the action is served.

(2) A person who has requested the release of information that includes information that the refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the refinery employer filed pursuant to paragraph (2) of subdivision (c). The court shall permit that person to intervene.

(f) The public agency shall not bear the court costs for any party named in litigation filed pursuant to this section.

(g) This section shall not be construed to prohibit the exchange of trade secrets between local, state, or federal public agencies or state officials when those trade secrets are relevant and reasonably necessary to the exercise of their authority.

(h) If the person requesting the release of information identified by a refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the refinery employer in writing of the action by certified mail, return receipt requested. The refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the refinery employer. The court shall permit the refinery employer to intervene.

(i) An officer or employee of the division who, by virtue of that employment or official position, has possession of, or has access to, trade secret information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person that the officer or employee knows is not entitled to receive it, is guilty of a misdemeanor. A contractor with the division and an employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the division for purposes of this section.

history: (History: Amended by Stats. 2024, Ch. 978, Sec. 7. (AB 3258) Effective January 1, 2025.)


citation: LAB § 7900

text: This part shall be known and may be cited as the Amusement Rides Safety Law.

history: (History: Added by Stats. 1968, Ch. 1113.)

part: 8. AMUSEMENT RIDES SAFETY LAW

path: 5. SAFETY IN EMPLOYMENT > 2. Process Safety Management Standards > 8. AMUSEMENT RIDES SAFETY LAW


citation: LAB § 7901

text:
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.

history: (History: Amended by Stats. 1992, Ch. 520, Sec. 1. Effective January 1, 1993.)


citation: LAB § 7902

text: 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.

history: (History: Amended by Stats. 1983, Ch. 705, Sec. 2.)


citation: LAB § 7903

text: 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.


citation: LAB § 7904

text:
(a) The division shall 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, as set out in regulations adopted pursuant to this part, including, but not limited to, approvals, determinations, permits, investigations, inspections and reinspections, certifications and recertifications, receipt and review of certificates, and reports and inspections. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part. All fees collected by the division under this section shall be deposited into the Occupational Safety and Health Fund to support the division’s portable amusement ride inspection program.

(b) Any fees required pursuant to this section shall be set forth in regulations. For the 2016–17 fiscal year, those regulations 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 rulemaking 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 emergency regulations shall become effective immediately upon filing with the Secretary of State.

(c) The division shall annually prepare and post on its Internet Web site a report summarizing all inspections of amusement rides and accidents occurring on amusement rides. This report may contain route location information submitted to the division by permit applicants.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 223. (SB 836) Effective June 27, 2016.)


citation: LAB § 7905

text: 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.

history: (History: Amended by Stats. 1983, Ch. 705, Sec. 5.)


citation: LAB § 7906

text:
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.

history: (History: Amended by Stats. 1983, Ch. 705, Sec. 6.)


citation: LAB § 7907

text: 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.


citation: LAB § 7908

text: 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.


citation: LAB § 7909

text: 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

history: (History: Amended by Stats. 1983, Ch. 705, Sec. 7.)


citation: LAB § 7910

text: 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.


citation: LAB § 7911

text: 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.


citation: LAB § 7912

text: 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.

history: (History: Amended by Stats. 2007, Ch. 478, Sec. 1. Effective January 1, 2008.)


citation: LAB § 7913

text: 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.


citation: LAB § 7914

text:
(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.

history: (History: Amended by Stats. 2007, Ch. 478, Sec. 2. Effective January 1, 2008.)


citation: LAB § 7915

text:
(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.

history: (History: Amended by Stats. 2007, Ch. 478, Sec. 3. Effective January 1, 2008.)


citation: LAB § 7916

text:
(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.

history: (History: Added by Stats. 2007, Ch. 478, Sec. 4. Effective January 1, 2008.)


citation: LAB § 7917

text: 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).

history: (History: Added by Stats. 2007, Ch. 478, Sec. 5. Effective January 1, 2008.)


citation: LAB § 7918

text: 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.

history: (History: Added by Stats. 2007, Ch. 478, Sec. 6. Effective January 1, 2008.)


citation: LAB § 7919

text: The division shall adopt rules and regulations necessary for the administration of this part, including, the reporting requirements established under Section 7914.

history: (History: Added by Stats. 2007, Ch. 478, Sec. 7. Effective January 1, 2008.)


citation: LAB § 7920

text: 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.

history: (History: Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.)

path: 5. SAFETY IN EMPLOYMENT > 2. Process Safety Management Standards > 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM