citation: LAB § 7921

text:
As used in this part:

(a) “Permanent amusement ride” means a mechanical device, aquatic device, or combination of devices, of a permanent nature that carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. “Permanent amusement ride” includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances that operate directly on the ground or on a surface or pavement directly on the ground. The division shall determine the specific devices that are permanent amusement rides for the purposes of this part. This determination shall be made to apply equally to all operators of similar or identical rides and shall be made pursuant to a procedure promulgated by the standards board.

(b) “Operator” or “owner” means a person who owns or controls or has the duty to control the operation of an amusement ride. It includes the state and every state agency, and each county, city, district, and all public and quasi-public corporations and public agencies therein.

(c) “Qualified safety inspector” means either of the following:

(1) A person who holds a valid professional engineer license issued by this state or issued by an equivalent licensing body in another state, and who has been approved by the division as a qualified safety inspector for permanent amusement rides.

(2) A person who documents to the satisfaction of the division that he or she meets all of the following requirements:

(A) The person has a minimum of five years experience in the amusement ride field, at least two years of which were involved in actual amusement ride inspection with a manufacturer, government agency, amusement park, carnival, or insurance underwriter.

(B) The person completes not less than 15 hours per year of continuing education at a school approved by the division, which education shall include inservice industry or manufacturer updates and seminars.

(C) The person has completed at least 80 hours of formal education during the past five years from a school approved by the division for amusement ride safety. Nondestructive-testing training, as determined by the division, may be substituted for up to one-half of the 80 hours of education.

part: 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM


kind: section

code: LAB

citation: LAB § 7922

text:
This part does not apply to any of the following:

(a) Any playground operated by a school or local government if the playground is an incidental amenity and the operating entity is not primarily engaged in providing amusement, pleasure, thrills, or excitement.

(b) Museums or other institutions principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.

(c) Skating rinks, arcades, laser or paint ball war games, indoor interactive arcade games, bowling alleys, miniature golf courses, mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis, paddle boats, air boats, helicopters, airplanes, parasails, hot air balloons, whether tethered or untethered, theaters, amphitheaters, batting cages, stationary spring-mounted fixtures, rider-propelled merry-go-rounds, games, slide shows, live animal rides, or live animal shows.

(d) Permanent amusement rides operated at a private event that are not open to the general public and not subject to a separate admission charge.

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

division: 5. SAFETY IN EMPLOYMENT

chapter: 2. Process Safety Management Standards

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


citation: LAB § 7923

text:
(a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe installation, repair, maintenance, use, operation, and inspection of all permanent amusement rides as the division finds necessary for the protection of the general public using permanent amusement rides. The rules and regulations shall be in addition to the existing applicable safety orders and will be concerned with engineering force stresses, safety devices, and preventative maintenance. Nothing in this part shall limit the authority of the division to prescribe or enforce general or special safety orders.

(b) It is the Legislature’s intent that the rules and regulations adopted pursuant to this part be consistent with those adopted by the Occupational Safety and Health Standards Board for traveling amusement rides, to the extent that those rules and regulations are found to be appropriate.


citation: LAB § 7924

text:
(a) On an annual basis, an owner of a permanent amusement ride shall submit to the division a certificate of compliance on a form prescribed by the division, which shall include the following:

(1) The legal name and address of the owner and his or her representative, if any, and the primary place of business of the owner.

(2) A description of, the name of the manufacturer of, and, if given by the manufacturer, the serial number and model number of, the permanent amusement ride.

(3) A written declaration, executed by a qualified safety inspector, stating that, within the preceding 12-month period, the permanent amusement ride was inspected by the qualified safety inspector and that the permanent amusement ride is in material conformance with this section and all applicable rules and regulations adopted by the division and standards board.

(b) The owner of multiple permanent amusement rides at a single site may submit a single certificate of compliance that provides the information required by subdivision (a) for each permanent amusement ride at that site.

(c) A certificate of compliance shall not be required until one year following the promulgation of any rules or regulations by the division governing the submission of the certificates.

(d) A person shall not operate a permanent amusement ride that was inspected by a qualified safety inspector or division inspector and found to be unsafe unless all necessary repairs or modifications, or both, to the ride have been completed and certified as completed by a qualified safety inspector.

(e) For the purposes of satisfying this section, a qualified safety inspector shall meet the requirements in subdivision (c) of Section 7921 and shall be certified by the division. A qualified safety inspector shall be recertified every two years following his or her initial certification. A qualified safety inspector may be an in-house, full-time safety inspector of the owner of the permanent amusement ride, an employee or agent of the insurance underwriter or insurance broker of the permanent amusement ride, an employee or agent of the manufacturer of the amusement ride, or an independent consultant or contractor.

(f) The owner of a permanent amusement ride shall maintain all of the records necessary to demonstrate that the requirements of this section have been met, including, but not limited to, employee training records, maintenance, repair, and inspection records for each permanent amusement ride, and records of accidents of which the operator has knowledge, that resulted from the failure, malfunction, or operation of a permanent amusement ride and that required medical service other than ordinary first aid, and shall make those records available to a division inspector upon request. The owner shall make those records available for inspection by the division during normal business hours at the owner’s permanent place of business. The owner or representative of the owner may be present when the division inspects the records. The division shall conduct an inspection of the operation of each ride at the permanent amusement park in conjunction with an inspection of records conducted pursuant to this subdivision, except that the division is not required to conduct an operational inspection of a ride pursuant to this subdivision if a qualified safety inspector employed by the division has already inspected the operation of that ride in connection with the execution of the current annual certificate of compliance pursuant to subdivision (a).

(g) Upon receipt of a certificate of compliance, the division shall notify the owner of the permanent amusement ride or rides for which a certificate is submitted whether the certificate meets all the requirements of this section, and if not, what requirements must still be met.

(h) The division shall, in addition to the annual inspection performed by the division pursuant to subdivision (f), inspect the records for a permanent amusement ride or the ride, or both, under either of the following circumstances:

(1) The division finds that the certificate of compliance submitted pursuant to this section for the ride is fraudulent.

(2) The division determines, pursuant to regulations it has adopted, that a permanent amusement ride has a disproportionately high incidence of accidents required to be reported pursuant to Section 7925.

(i) The division shall conduct its inspections with the least disruption to the normal operation of the permanent park.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 224. (SB 836) Effective June 27, 2016.)


citation: LAB § 7925

text:
(a) Each operator of a permanent amusement ride shall report or cause to be reported to the division immediately by telephone each known accident where maintenance, operation, or use of the permanent amusement ride results in a death or serious injury to any person unless the injury does not require medical service other than ordinary first aid. If a death or serious injury results from the failure, malfunction, or operation of a permanent amusement ride, the equipment or conditions that caused the accident shall be preserved for the purpose of an investigation by the division.

(b) A division inspector may inspect any permanent amusement ride after the report of an accident to the division. The division may order a cessation of operation of a permanent amusement ride if it is determined after inspection to be hazardous or unsafe. Operation shall not resume until these conditions are corrected to the satisfaction of the division.

(c) Whenever a state, county, or local fire or police agency is called to an accident involving a permanent amusement ride covered by this part where a serious injury or death occurs, the nearest office of the division shall be notified by telephone immediately by the responding agency.


citation: LAB § 7926

text:
(a) A person may operate a permanent amusement ride only if, at the time of operation, one of the following is in existence:

(1) The owner of the permanent amusement ride provides an insurance policy in an amount not less than one million dollars ($1,000,000) per occurrence insuring the owner or operator against liability for injury or death to persons arising out of the use of the permanent amusement ride.

(2) The owner of the permanent amusement ride provides a bond in an amount not less than one million dollars ($1,000,000), except that the aggregate liability of the surety under that bond shall not exceed the face amount of the bond.

(3) The owner of a permanent amusement ride meets a financial test of self-insurance, as prescribed by rules and regulations promulgated by the division, to demonstrate financial responsibility covering liability for injury suffered by patrons riding the permanent amusement ride.

(b) The insurance policy or bond shall be obtained from one or more insurers or sureties licensed by the Department of Insurance to do business in this state, or by a nonadmitted insurer employed by a surplus lines broker licensed by the Department of Insurance.


citation: LAB § 7927

text: Each owner of a permanent amusement ride shall provide training for its employees in the safe operation and maintenance of amusement rides, as required by the standards adopted by the American Society for Testing Materials, Committee F770-03, Section 4.1.3, and Committee F853-93, Section 6.2, as amended or as may be amended from time to time, and the injury prevention program required under Section 6401.7.


citation: LAB § 7928

text: The division shall adopt rules and regulations necessary for the administration of this part. The division may employ qualified safety inspectors as necessary for the purposes of this part.


citation: LAB § 7929

text:
(a) The division shall fix and collect all fees necessary to cover the cost to the division 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, certifications and recertifications, receipt and review of certificates, 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. Notwithstanding Section 6103 of the Government Code, the division may collect these fees from the state or any county, city, district, or other political subdivision.

(b) All fees collected pursuant to this section shall be deposited into the Occupational Safety and Health Fund to support the Permanent Amusement Ride Safety Inspection Program.

(c) Whenever a person owning or having custody, management, or operation of a permanent amusement ride fails to pay any fee required under this part within 60 days after the date of notification by the division, the division shall assess a penalty 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. 225. (SB 836) Effective June 27, 2016.)


citation: LAB § 7930

text: If the division determines that any owner or operator of a permanent amusement ride subject to this part has willfully or intentionally violated this part or any rule or regulation promulgated under this part, and that violation results in a death or serious injury as specified in Section 7925, the division shall impose on that owner or operator a civil penalty of not less than twenty-five thousand dollars ($25,000) and not more than seventy thousand dollars ($70,000).


citation: LAB § 7931

text: The division shall enforce this part by the issuance of a citation and notice of civil penalty in a manner consistent with Section 6317. Any owner or operator who receives a citation and penalty may appeal the citation and penalty to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319.


citation: LAB § 7932

text:
(a) The provisions of this part relating to annual division inspections shall not apply to any permanent amusement ride located within a county or other political subdivision of the state that, as of April 1, 1998, has adopted the provisions of Chapter 66 (commencing with Section 6601.1) of the 1994 Uniform Building Code providing for the routine inspection of permanent amusement rides by the county or other political subdivision of the state, provided that the division determines that these inspections meet or exceed the inspection standards set forth in this part.

(b) If the county or other political subdivision suspends, revokes, or otherwise vacates its standards for permanent amusement rides, any permanent amusement ride located within the county or other political subdivision shall be subject to the inspection standards set forth in this part.


citation: LAB § 7950

text: This part shall be known and may be cited as “The Tom Carrell Memorial Tunnel and Mine Safety Act of 1972.”

history: (History: Added by Stats. 1972, Ch. 1430.)

chapter: 1. Tunnels and Mines

path: 5. SAFETY IN EMPLOYMENT > 1. Tunnels and Mines


citation: LAB § 7951

text:
As used in this part:

(a) Tunnel shall include excavation, construction, alteration, repairing, renovating, or demolishing of any tunnel except tunnel work covered under the compressed air safety orders adopted by the Occupational Safety and Health Standards Board and manhole construction.

(b) “Tunnel” means an underground passageway, excavated by men and equipment working below the earth’s surface, that provides a subterranean route along which men, equipment, or substances can move.

(c) “Mine” means any excavation or opening above or below ground used for removal of ore, minerals, gravel, sand, rock, or other materials intended for manufacturing or sale. It shall include quarries and open pit operations, other than a gravel pit or other pit where material is removed by a contractor or other person for his own use and not for sale to others. The term “mine” shall not include a mine that is operated exclusively by persons having a proprietary interest in such mine or by persons who are paid only a share of the profits from the mine, nor shall it include during any calendar year, any mine that produced less than five thousand dollars ($5,000) in ore, minerals, sand, rock, or other material during the preceding calendar year.

(d) “Access shaft” means a vertical shaft used as a regular means of worker access to underground mines and tunnels under construction, renovation, or demolition.

(e) “Lower explosive limit” means the lowest concentration at which a gas or vapor can be ignited or will explode.

(f) “Face” means the head of the tunnel where soil is being removed, or that area in a mine where digging is underway.

(g) “Muck” means excavated dirt, rock, or other material.

(h) “Permissible equipment” means equipment tested and approved by the U.S. Bureau of Mines or acceptable to other authorities recognized by the division, and acceptable by the division, which is safe for use in gassy or extrahazardous tunnels or underground mines.

(i) “Division” means the Division of Occupational Safety and Health.

(j) “Board” means the Occupational Safety and Health Standards Board.

(k) “Underground mine” means a mine that consists of a subterranean excavation.

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


citation: LAB § 7952

text: There shall be within the division a separate unit of safety engineers trained to inspect all tunnel construction and mine operations.


citation: LAB § 7953

text: Sufficient manpower shall be maintained to provide for four annual inspections of underground mines, one inspection of surface mines or quarries annually, and six inspections of tunnels under construction annually.


citation: LAB § 7954

text: To assist the unit of safety engineers in determining the safety of tunnel construction and mine operation, the division shall make available at least one industrial hygiene engineer and one chemist. A laboratory for analysis of dust, gas, vapors, soil, or other materials shall be available to members of this unit. Contracts to provide for geological and other services may be signed by the division whenever it is necessary to assure safety for employees engaged in mining or tunnel work.


citation: LAB § 7955

text:
The division and the owner of a mine, if he is not the operator of the mine, shall be notified before any initial mining operation or construction may be started at any mines or tunnels. A prejob safety conference shall be held with an authorized representative of the division for all underground operations. Representatives of the tunnel or mine owner, the employer, and employees shall be included in the prejob safety conference.

The division shall classify all tunnels or underground mines operating on the effective date of this section, or which commence operation thereafter, as one of the classifications set forth in subdivisions (a) to (d), inclusive. Such classification shall be made prior to the request for bids on all public works projects, whenever possible. This shall not, however, prevent the division from reclassifying such mines or tunnels when conditions warrant it.

(a) Nongassy, which classification shall be applied to tunnels or underground mines where there is little likelihood of encountering gas during the construction of the tunnel or operation of an underground mine. Such tunnels shall be constructed or underground mines operated under regulations, rules, and orders developed by the division and board and approved by the board. This subdivision shall not prohibit the division chief or his representatives from establishing any special orders that they feel are necessary for safety.

(b) Potentially gassy, which classification shall be applied to tunnels or underground mines where there exists a possibility gas will be encountered.

(c) Gassy, which classification shall be applied to tunnels or underground mines where it is likely gas will be encountered. Special safety measures, including those set forth in Sections 7965 to 7976, inclusive, those established by the division and board and adopted by the board, or special orders written by the chief or his representatives shall be observed in construction of gassy tunnels in addition to regular rules, orders, special orders, or regulations.

(d) Extrahazardous, which classification may, when the division finds that there is a serious danger to the safety of the employees, be applied to tunnels or underground mines where gas or vapors have caused an explosion or fire, where the likelihood of encountering petroleum vapors exists, or where tests show, with normal ventilation, a concentration of hydrocarbon petroleum vapors in excess of 20 percent of the lower explosive limit within three inches of the roof, face, floor, or walls of any open workings. Construction in extrahazardous tunnels or operation in extrahazardous underground mines shall conform to safety measures set forth in Sections 7977 to 7985, inclusive, any rules, regulations, orders, or special orders of the division, or any special rules, orders, or regulations adopted by the board.

The division shall not be required to reclassify any tunnel or underground mine that is shut down seasonally, when such tunnel or underground mine is put back into operation in not less than six months after date of the shutdown.


citation: LAB § 7956

text: All personnel, including both employees working above ground and those in the tunnel or underground mine, shall be informed of the classification designated by the division for that job. A notice of the classification and any special orders, rules, or regulations to be used in construction, remodeling, demolition, or operation of the tunnel or underground mine shall be prominently posted at the site.


citation: LAB § 7957

text: An emergency rescue plan shall be developed by the employer for every tunnel or underground mine. Such plan, including a current map of the tunnel or underground mine, shall be provided to local fire and rescue units, to the division, and to every employee at the place of employment.


citation: LAB § 7958

text: A trained rescue crew of at least five men shall be provided at underground mines with more than 25 men or tunnels with 10 or more men underground at any one time. Smaller mines shall have one man for each 10 men underground who receives annual training in the use of breathing apparatus. Two trained crews shall be provided at mines with more than 50 men underground and at tunnels with more than 25 men underground.


citation: LAB § 7959

text: Rescue crews shall be familiar with all emergency equipment necessary to effect a rescue or search for missing employees in case of an accident or explosion. Such rescue crews shall hold practices with equipment and using emergency rescue plan procedures at least once monthly during construction or operation of the tunnel or underground mines. At least one rescue crew shall be maintained above ground at all times and within 30 minutes travel of the tunnel or underground mine site classified as gassy or extrahazardous.


citation: LAB § 7960

text: In any tunnel or underground mine classified as potentially gassy, tests for gas or vapors shall be made prior to start of work at each shift. If any concentration of gas at or above 10 percent of the lower explosive limit is recorded, the division shall be notified immediately.


citation: LAB § 7961

text: The division shall investigate immediately any notification of a gas reading 10 percent of the lower explosive limit or higher by an employer in a tunnel or underground mine classified as potentially gassy. If the inspection determines the likelihood of encountering more gas or vapor, the division may halt operations until the tunnel or mine can be reclassified.


citation: LAB § 7962

text: A safety representative qualified to recognize hazardous conditions and certified by the division shall be designated by the employer in any tunnel or underground mine. He shall have the authority to correct unsafe conditions and unsafe practices, and shall be responsible for directing the required safety programs.


citation: LAB § 7963

text: All underground mines and tunnels with more than five men underground at one time shall have telephone or other communication systems to the surface in operation at any time there are persons underground. Such systems shall be installed in such a manner that destruction or removal of one phone or communication device does not make other phones or communication devices inoperative.


citation: LAB § 7964

text: Whenever an access shaft is used as the normal means of entrance or exit to an underground mine or tunnel, it shall be constructed of fireproof material or fireproofed by chemical or other means.


text: Nothing contained in this part shall restrict the division in contracting with the Secretary of the Interior for an approved state plan for mines under P.L. 89-577 (30 U.S.C. 721 et seq.).


citation: LAB § 7965

text: Any tunnel or underground mine classified by the division as gassy shall operate under special procedures adopted by the board, as well as rules, regulations, special orders, or general orders for nongassy underground mines and tunnels.

chapter: 2. Gassy and Extrahazardous Tunnels

path: 5. SAFETY IN EMPLOYMENT > 2. Gassy and Extrahazardous Tunnels


citation: LAB § 7966

text: In any tunnel classified as gassy by the division, there shall be tests for gas or vapors taken prior to each shift and at least hourly during actual operation. If a mechanical excavator is used, gas tests shall be made prior to removal of muck or material and before any cutting or drilling in tunnels or underground mines where explosives are used. A log shall be maintained for inspection by the division showing results of each test. Whenever a tunnel excavation or underground mine operation approaches a geologic formation in which there is a likelihood of encountering gas or water, a probe hole at least 20 feet ahead of the tunnel face or area where material is being mined shall be maintained.


citation: LAB § 7967

text: Whenever gas levels in excess of 10 percent of the lower explosive limit are encountered initially in a tunnel or underground mine classified as gassy, the division shall be notified immediately by telephone or telegraph. The chief of the division or his authorized representative may waive subsequent notification for gas readings less than 20 percent of the lower explosive limits upon a finding that adequate ventilation and other safety measures are provided to assure employee safety.


citation: LAB § 7968

text: In any gassy tunnel or underground mine, the division may order work halted until adequate testing can be completed to determine the level of hazard from gases or vapors. A notice of such shutdown shall be filed by the division inspector with his superiors as soon as practicable. Any overruling of such order must be made by the chief or his designated representative and must be in writing. An onsite inspection must be made by the person overruling an inspector’s order prior to resumption of work.


citation: LAB § 7969

text: In any gassy tunnel or underground mine the division shall review plans for electrical lighting and power for equipment. When it is necessary for safety, the inspector may require changes in the amount and type of lighting, and may require permissive-type wiring, switches, tools, and equipment.


citation: LAB § 7970

text: In any tunnel or underground mine classified gassy, smoking shall be prohibited and the employer shall be responsible for collecting all personal sources of ignition such as lighters and matches from employees entering the tunnel.


citation: LAB § 7971

text: Whenever there is any ignition of gas or vapor in a tunnel or underground mine, all work shall cease, employees shall be removed, and reentry except for rescue purposes shall be prohibited until the division has conducted an inspection and authorized reentry for maintenance or production in writing.


citation: LAB § 7972

text: If the level of gas in any tunnel or underground mine reaches 20 percent of its lower explosive limit at any time all men shall be removed, the division notified immediately by telephone or telegram, and no one shall reenter the tunnel or underground mine until approval is given by the division.


citation: LAB § 7973

text: In any tunnel or underground mine classified as gassy, all employees shall be informed of any special orders made by the division following an inspection. Such notice shall be given before entering the tunnel or underground mine. A copy of any orders subsequently written by the division shall be posted and all employees shall be notified at a safety meeting called by the safety representative before they are permitted to start work.


citation: LAB § 7974

text: In any tunnel classified as gassy by the division, ventilation shall include continuous exhausting of fumes and air, unless an alternative ventilation plan which is as effective or better is approved by the division. Fans for this purpose shall be located at the surface, and shall be reversible from a single switch at the portal or shaft. These requirements shall not preclude the use of auxiliary fans to supply more air or greater exhaust to a tunnel or underground mine.


citation: LAB § 7975

text: A “kill” button capable of cutting off all electrical equipment shall be maintained in any gassy tunnel or underground mine. The safety representative or his designated representative shall cut off power at any time gas or vapor levels reach 20 percent of the lower explosive limit or more. Before work is restarted every employee underground shall be informed of the level of gas or vapor recorded, and a permanent record shall be called to the surface and retained in a special log.


citation: LAB § 7976

text: In any tunnel or underground mine classified as gassy, the division shall determine the number of fire extinguishers necessary and their locations.


citation: LAB § 7977

text: Any tunnel or underground mine classified as extrahazardous by the division shall comply with the provisions for gassy tunnels in this chapter, as well as regulations, rules, special orders, and general orders of the division or board.


citation: LAB § 7978

text: In any extrahazardous tunnel or underground mine smoking by employees or open flame shall be prohibited. Welding or cutting with arc or flame underground in other than fresh air shall be done under the direct supervision of qualified persons who shall test for gas and vapors before welding or cutting starts and continuously during such an operation. No cutting or welding shall be permitted in atmospheres where any concentration of gas or vapor reaches 20 percent of the lower explosive limit or more while a probe hole is being drilled or when the tunnel face or material from a mine is being excavated.


citation: LAB § 7979

text:
In tunnels or underground mines classified extrahazardous, sufficient air shall be supplied to maintain an atmosphere of all of the following conditions:

(a) Not less than 19 percent oxygen.

(b) Not more than 0.5 percent carbon dioxide.

(c) Not more than 5 parts per million nitrogen dioxide.

(d) No petroleum vapors or other toxic gases in concentrations exceeding the threshold limit values established annually by the American Conference of Governmental Industrial Hygienists.


citation: LAB § 7980

text: All electrical equipment and machines, including diesel engines, used in tunnels or underground mines classified extrahazardous shall be permissible equipment. The division may, however, permit the use of nonpermissive equipment in a tunnel or underground mine in areas where it finds there is no longer danger from gas or other hazards.


citation: LAB § 7981

text: An escape chamber or alternate escape route shall be maintained within 5,000 feet of the tunnel face or areas being used to excavate material in an underground mine classified as gassy or extrahazardous. Workers shall be provided with emergency rescue equipment and trained in its use.


citation: LAB § 7982

text: Records of air flow and air sample tests to assure compliance with required standards shall be maintained by the employer at the site of any tunnel or underground mine classified extrahazardous. Such records shall be made available to any division representative upon request.


citation: LAB § 7983

text: The main fan line used for ventilation in any tunnel or underground mine classified extrahazardous shall contain a cutoff switch capable of halting all machinery underground automatically should the fan fail or its performance fall below minimum power needed to maintain a safe atmosphere.


citation: LAB § 7984

text: In any tunnel or underground mine classified extrahazardous a device or devices which automatically and continuously test the atmosphere for gases or vapors shall be maintained. Such device or devices shall be placed as near the face or area of operation as practical, but never more than 50 feet from such point. The division shall determine if additional monitors are necessary and where they should be located. This requirement shall apply only to tunnels or underground mines where excavation of material is by mechanical means.


citation: LAB § 7985

text: All such testing device or devices shall be U.S. Bureau of Mines approved or acceptable to other authorities recognized by the division and shall automatically sound an alarm and activate flashing red signals visible to employees underground whenever the concentration of gases or vapors reaches or exceeds permissible levels. Permissible levels may be established lower than the limits set in division rules, regulations, or general orders whenever a division inspector considers such action necessary to make the operation safe for employees.


citation: LAB § 7990

text: In any tunnel or mine under jurisdiction of the division, the use of explosives shall be limited to persons licensed by the division.

chapter: 3. Licensing and Penalties

path: 5. SAFETY IN EMPLOYMENT > 3. Licensing and Penalties


citation: LAB § 7991

text:
(a) To obtain a license under Section 7990, and to renew that license, a person shall pass an oral and written examination given by the division. The division shall offer the examination in Spanish, or any other language, when requested by the applicant. The division shall administer an examination orally when requested by an applicant who cannot write. Licenses shall be renewable every five years.

(b) The division shall set a nonrefundable fee for processing applications for licenses required by Section 7990 and a fee for administering examinations under this section. 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. Those fees shall be deposited into the Occupational Safety and Health Fund.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 226. (SB 836) Effective June 27, 2016.)


citation: LAB § 7992

text: The board shall determine qualifications for persons seeking an “explosive blaster’s license” and rules and regulations for use of explosives in tunnels or mines.


citation: LAB § 7993

text: Any person holding an “explosive blaster’s license” who is convicted of violating any safety order involving the use or handling of explosives shall have his license suspended for not less than 30 days upon hearing by the division, in addition to any other penalties he may be assessed.


citation: LAB § 7994

text: Any person holding an “explosive blaster’s license” who is convicted of violating safety orders involving use or handling of explosives in which the violation is judged to be responsible for an accident involving serious injury or death shall have his or her license revoked for at least one year, in addition to any other penalties he or she may be assessed. Any person who has had his or her “explosive blaster’s license” revoked may apply for a new license after the minimum period of revocation expires. He or she shall be required to pass all examinations before a new license is granted.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 495. Effective January 1, 2007.)


citation: LAB § 7995

text: Any person who has had his “explosive blaster’s license” revoked who is subsequently convicted of violations of a safety order involving the use or handling of explosives shall have his license permanently revoked in addition to other penalties he may be assessed.


citation: LAB § 7996

text: All safety equipment required to provide safe employment in tunnels or underground mines shall be U.S. Bureau of Mines approved, or acceptable to other authorities recognized by the division, and acceptable by the division.


citation: LAB § 7997

text: The board shall review and update general orders for tunnels and mines at least every two years. Representatives of the unit inspecting tunnels and mines shall be consulted during each review and shall be permitted to submit suggested changes to the general orders at any time.


citation: LAB § 7998

text: The division shall also develop tests, available in English, Spanish, or other languages where a sufficient portion of employees exists to show need, to qualify gas testers and safety representatives in tunnels and mines.

history: (History: Amended by Stats. 1974, Ch. 1284.)


citation: LAB § 7999

text: No person shall be qualified to operate as a gas tester, or serve as a safety representative in a tunnel or underground mine unless he holds a certificate issued by the division. No certificate may be issued or renewed unless the applicant or licensee, as the case may be, has passed an examination given by the division.


citation: LAB § 8000

text: Requirements established by the board shall preempt local government rules, regulations, and laws requiring certification or licensing as gas testers or safety representatives. However, local governments may contract with the division for testing applicants and issuing certifications.


citation: LAB § 8001

text: The division shall charge a fee sufficient to cover the direct and indirect costs of the division to administer the examination and certification of gas testers and safety representatives for tunnels and mines. Renewals shall be made every five years.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 227. (SB 836) Effective June 27, 2016.)


citation: LAB § 8002

text: All fees from applications shall be nonrefundable. Those fees shall be deposited into the Occupational Safety and Health Fund.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 228. (SB 836) Effective June 27, 2016.)


citation: LAB § 8003

text: Violation of regulations, rules, orders, or special orders adopted by the board or division as a condition of certification shall be punishable by suspension or revocation of certification, unless such violation is responsible for death or injury to employees, in which case it shall be punishable as a misdemeanor.


citation: LAB § 8004

text: The provisions of this part shall not apply to the normal operation, maintenance, or repair of any completed tunnels owned or operated by a utility as defined in Section 229 of the Public Utilities Code. However, it shall apply to the initial construction or substantial modification of such a tunnel.


citation: LAB § 9000

text: This part shall be known and may be cited as the Occupational Carcinogens Control Act of 1976.

history: (History: Added by Stats. 1985, Ch. 947, Sec. 2.)

chapter: 1. General Provisions and Definitions

path: 5. SAFETY IN EMPLOYMENT > 1. General Provisions and Definitions


citation: LAB § 9001

text: The purpose of this part is to clarify and strengthen the provisions of state law applicable to the use of carcinogens in California. It is the intent of the Legislature to provide for effective implementation of the provisions of this part.


citation: LAB § 9002

text: The following definitions shall govern the construction of this part. Additionally, except where the context otherwise requires, the definitions contained in Part 1 (commencing with Section 6300) shall also be applicable to this part.


citation: LAB § 9003

text: “Affected employee” means an employee who, as part of his or her employment, is involved in the use of a carcinogen, or an employee with respect to whom there is a substantial probability that he or she will become so involved as the result of his or her employer’s use of a carcinogen.


citation: LAB § 9004

text:
“Carcinogen” means and includes the following recognized cancer-causing substances for which standards have been adopted pursuant to Chapter 3 (commencing with Section 9020):

(a) Any of the following substances and any compound, mixture, or product containing these substances:

(1) 2-acetylaminofluorene.

(2) 4-aminodiphenyl.

(3) Benzidine and its salts.

(4) Bis(chloromethyl) ether.

(5) 3,3´-dichlorobenzidine and its salts.

(6) 4-dimethylaminoazobenzene.

(7) Beta-naphthylamine.

(8) 4-nitrodiphenyl.

(9) N-nitrosodimethylamine.

(10) Beta-propriolactone.

(11) Methyl chloromethyl ether.

(12) Alpha-naphthylamine.

(13) 4,4´-methylene-(bis)2-chloroaniline.

(14) Ethyleneimine.

(b) Asbestos, including chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.

(c) Vinyl chloride.

(d) Any other substance for which standards are adopted and in effect due to cancer-causing properties and any compound, mixture, or product containing such a substance, except as specifically exempted from the standards.


citation: LAB § 9005

text: “Division” means the Division of Occupational Safety and Health.


citation: LAB § 9006

text:
“Employer” means any of the following:

(a) The state and every state agency.

(b) Each county, city, district, and all public and quasi-public corporations and public agencies therein.

(c) Every person, including any public service corporation, which has any natural person in service.

(d) The legal representative of any deceased employer.


citation: LAB § 9007

text: “Standards” means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of Division 1.


citation: LAB § 9008

text: “Standards board” means the Occupational Safety and Health Standards Board.


citation: LAB § 9009

text:
“Use” means any use of a carcinogen by an employer, including, but not limited to, the following:

(a) Manufacture of a carcinogen, industrial uses thereof, or formation of a carcinogen as a result of a chemical reaction.

(b) Sale or other transfer of a carcinogen.

(c) Storage or disposal of a carcinogen.

(d) Utilization of a carcinogen for research.

(e) Transport of a carcinogen. The State Department of Health Services and the division shall have concurrent jurisdiction with any federal agency to protect affected employees of interstate carriers, including rail carriers, while in this state, as provided in this part or as authorized by other provisions of state law.

history: (History: Added by Stats. 1985, Ch. 947, Sec. 2. Note: See this section as modified on July 17, 1991, by Governor's Reorganization Plan No. 1 of 1991.)


citation: LAB § 9015

text:
Except where in conflict with Section 142.3, or other applicable provisions of law, the standards board may exempt from the provisions of this part and its standards uses of carcinogens which it determines have been shown by a preponderance of the evidence to present no substantial threat to employee health and which may include, but need not be limited to, any of the following:

(a) Use of carcinogens specified in subdivision (a) of Section 9004 in operations involving the destructive distillation of carbonaceous materials, such as occurs in coke ovens.

(b) Use of asbestos, except where there is a material risk of substantial and repeated exposure of employees to this carcinogen.

Except as provided in Section 18930 of the Health and Safety Code, the standards board shall adopt regulations for the implementation of the provisions of this section.

chapter: 2. Exemptions

path: 5. SAFETY IN EMPLOYMENT > 2. Exemptions


citation: LAB § 9020

text:
(a) Pursuant to Chapter 6 (commencing with Section 140) of Division 1, the standards board shall adopt standards for carcinogens at least as restrictive as the federal requirements for use of carcinogens promulgated under Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91-596), as these federal requirements may be revised from time to time. Within six months after the effective date of any change in the federal requirements, the standards board shall amend its standards as necessary to comply with this subdivision.

(b) It is the intent of the Legislature that the state shall exercise strong leadership in preventing employees, employers, and other persons from being exposed to carcinogens. In this connection, it is the further intent of the Legislature that the standards board adopt standards for substances as to which there exists a preponderance of evidence of carcinogenicity, but for which the federal government has not yet promulgated requirements specified in subdivision (a). The division shall determine the necessity for the standards and shall develop and present the proposed standards to the standards board pursuant to Section 147.1.

chapter: 3. Standards and Administration

path: 5. SAFETY IN EMPLOYMENT > 3. Standards and Administration


citation: LAB § 9021

text: All standards relating to the use of carcinogens which are in effect on January 1, 1986, including standards set forth in Sections 5208, 5209, and 5210 of Title 8 of the California Administrative Code, shall remain in effect until amended or repealed by the standards board.


text:
(a) Not later than January 1, 1987, the Division of Occupational Safety and Health shall propose a regulation concerning asbestos-related work, as defined in Section 6501.8, to the Occupational Safety and Health Standards Board for review and adoption so as to protect most effectively the health and safety of employees. The regulation shall also include, but not be limited to, specific work practices and specific requirements for certification of all employees engaged in asbestos-related work.

(b) (1) Not later than July 1, 1991, the Division of Occupational Safety and Health shall propose regulations for the certification of asbestos consultants and site surveillance technicians to the Occupational Safety and Health Standards Board for consideration and action. By January 1, 1992, the board shall adopt regulations regarding certification. The regulations shall address and encompass procedures to determine the requirements for the certification provided for by Article 11 (commencing with Section 7180) of Chapter 9 of Division 3 of the Business and Professions Code. The division shall prepare and administer an examination to determine qualifications for certification pursuant to subdivision (b) of Section 7184 and subdivision (c) of Section 7185 of the Business and Professions Code. The examination shall be administered on a periodic, regularly scheduled basis.

(2) The division may, in lieu of preparing and administering its own certification examination, approve one or more public or private institutions which offer programs in asbestos abatement training to prepare and administer the examination described in subdivision (b) of Section 7184 and subdivision (c) of Section 7185 of the Business and Professions Code. However, the division shall not approve any institution, organization, individual, or other entity for administering a certification examination if that institution, organization, individual or other entity engages, for compensation, in any aspect of asbestos abatement work. For purposes of developing or approving a certification examination pursuant to this section, the division shall consult with an advisory committee of individuals who have academic and professional experience in asbestos abatement work, including a certified industrial hygienist, representatives of asbestos abatement workers, and asbestos abatement contractors.

(c) This section does not exempt any employer from complying with the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of this code) and regulations adopted thereunder, nor does it exempt any employer from complying with Section 5208 of Title 8 of the California Administrative Code. For products not requiring contractor certification pursuant to subdivision (a) of Section 7058.5 of the Business and Professions Code, training and certification of employees shall be done by the employer.

history: (History: Amended by Stats. 1990, Ch. 1255, Sec. 2.)


text:
(a) The division shall charge a fee to each asbestos consultant and site surveillance technician who applies for certification pursuant to subdivision (b) of Section 9021.5 and Article 11 (commencing with Section 7180) of Chapter 9 of Division 3 of the Business and Professions Code. The fee shall be sufficient to cover the direct and indirect costs to the division for administering the certification process, including preparation and administration of the examination. The fees collected shall be deposited in the Occupational Safety and Health Fund. Establishment of any fee pursuant to this section shall be accomplished through the regulatory process required by subdivision (b) of Section 9021.5.

(b) On the effective date of the measure adding this subdivision, any moneys in the Asbestos Training and Consultant Certification Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund shall be transferred to the Occupational Safety and Health Fund.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 229. (SB 836) Effective June 27, 2016.)


text: All asbestos consultant and site surveillance technician certifications shall be renewed annually. The division shall require asbestos consultants and site surveillance technicians to complete the annual refresher courses as required under the Asbestos Hazard Emergency Response Act (Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code) or the equivalent, as determined by the division.

history: (History: Added by Stats. 1990, Ch. 1255, Sec. 5.)


text:
(a) The division shall establish an advisory committee to develop and recommend by September 30, 1994, for action by the standards board in accordance with Section 142.3, specific requirements for hands-on, task-specific training programs for all craft employees who may be exposed to asbestos-containing construction materials and all employees and supervisors involved in operations pertaining to asbestos cement pipe, as specified in subdivision (c) of Section 6501.8. The training programs shall include, but not be limited to, the following information:

(1) The physical characteristics and health hazards of asbestos.

(2) The types of asbestos cement pipe or asbestos-containing construction materials an employee may encounter in his or her specific work assignments.

(3) Safe practices and procedures for minimizing asbestos exposures from operations involving asbestos cement pipe or asbestos-containing construction materials.

(4) A review of general industry and construction safety orders relating to asbestos exposure.

(5) Hands-on instruction using pipe or other construction materials and the tools and equipment employees will use in the workplace.

(b) The division shall approve training entities to conduct task-specific training programs that include the requirements prescribed by the standards board pursuant to this section for employees and supervisors involved in operations pertaining to asbestos cement pipe or asbestos-containing construction materials.

(c) The division shall charge a fee to each asbestos training entity approved by the division pursuant to subdivision (b). The fee shall be sufficient to cover the division’s direct and indirect costs for administering the approval process provided for in subdivision (b). The fees collected shall be deposited in the Occupational Safety and Health Fund. Establishment of any fee pursuant to this section shall be accomplished through the regulatory process required by subdivision (b) of Section 9021.5.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 231. (SB 836) Effective June 27, 2016.)


citation: LAB § 9022

text: The division shall have primary responsibility for enforcement of standards relating to carcinogens. However, the State Department of Health Services shall assist the division in the enforcement of the standards, in the manner prescribed by this chapter, and as shall be further defined by a written agreement between the State Department of Health Services and the department, pursuant to Section 144.


citation: LAB § 9030

text: The standards board shall adopt one or more standards requiring each employer which uses any carcinogen, including asbestos and vinyl chloride, to submit a written report regarding the use or any incident which results in the release of a potentially hazardous amount of a carcinogen into any area where employees may be exposed. The reporting requirements set forth in Sections 5209 and 5210 of Title 8 of the California Administrative Code on January 1, 1986, shall remain in effect until amended or repealed by the standards board, and any subsequent reporting requirements shall provide for reports which are at least as detailed as those required on that date. For asbestos and vinyl chloride, the standards board shall adopt a standard which requires each employer who uses vinyl chloride or asbestos to report in a manner similar to the reporting required pursuant to Section 5209 of Title 8 of the California Administrative Code.

chapter: 4. Reporting

path: 5. SAFETY IN EMPLOYMENT > 4. Reporting


citation: LAB § 9031

text: The division shall transmit a copy of each report specified in Section 9030 to any bargaining representatives, and other representatives known to the division, of affected employees of the reporting employer. A copy of each report shall be posted by the employer in the location or locations where the carcinogen is used, which shall be conspicuous to affected employees, as shall be provided in the standards.


citation: LAB § 9032

text: The division shall make every effort to ascertain the identities of existing users of carcinogens and to notify, inform, and educate them about the requirements of this part. The division shall utilize all appropriate means of communication and education, including direct mailings to employers, the use of courses, workshops, and seminars, advertising in mass media, trade and employee publications, and professional and scientific journals, contact with trade associations, employee representatives, and professional and scientific societies, and cooperation with other governmental agencies to inform affected employees, employers, and the public of the requirements of this part.


citation: LAB § 9040

text: Every employer using carcinogens shall provide for medical examinations of affected employees where required by standards adopted pursuant to subdivision (c) of Section 142.3. The standards board shall continue to require medical examinations in at least as effective a manner as provided in Sections 5208, 5209, and 5210 of Title 8 of the California Administrative Code on January 1, 1986.

history: (History: Amended by Stats. 2020, Ch. 370, Sec. 226. (SB 1371) Effective January 1, 2021.)

chapter: 5. Medical Examinations

path: 5. SAFETY IN EMPLOYMENT > 5. Medical Examinations


citation: LAB § 9050

text: The division shall establish priorities for the performance of inspections of premises for which uses have been reported pursuant to Section 9030 and shall perform as many of these inspections as possible within the limits of the resources available to it for that purpose.

chapter: 6. Inspections

path: 5. SAFETY IN EMPLOYMENT > 6. Inspections


citation: LAB § 9051

text: If an authorized representative of the division determines on the basis of an inspection that an employer is using a carcinogen in violation of the standards pertaining to its use, he or she shall immediately notify the employer and affected employees.


citation: LAB § 9052

text: Upon request of any employer or any employee, or upon its own initiative, the OSHA Consultation Unit of the department shall provide consultation services regarding the use of a carcinogen and may offer educational programs to inform employers and employees of the provisions of this part.


citation: LAB § 9060

text:
The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:

(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).

(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).

(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten thousand dollars ($10,000).

The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 35. (SB 96) Effective June 27, 2017.)

chapter: 7. Penalties

path: 5. SAFETY IN EMPLOYMENT > 7. Penalties


citation: LAB § 9061

text:
(a) For purposes of this part, “serious violation” shall have the meaning specified in Section 6432 and, except as provided in subdivision (b), shall additionally include any violation of a standard or special order respecting the use of a carcinogen.

(b) A violation of a standard or special order respecting the use of a carcinogen shall not, be a “serious violation” if the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation or if the violation is minor and resulted in no substantial health hazard, as determined by the division.


citation: LAB § 9100

text: For purposes of this chapter, “sales floor” means any area where the public is invited to shop, whether indoors or outdoors.

history: (History: Added by Stats. 2001, Ch. 856, Sec. 1. Effective January 1, 2002.)

chapter: 1. Working Warehouses

path: 5. SAFETY IN EMPLOYMENT > 1. Working Warehouses


citation: LAB § 9101

text:
For purposes of this chapter, “working warehouse” means a wholesale or retail establishment in which both of the following occur:

(a) Heavy machinery, including, but not limited to, forklifts, is used in any area where the public shops while customers are on the premises.

(b) Merchandise is stored on shelves higher than 12 feet above the sales floor.


citation: LAB § 9102

text:
(a) The owner, manager, or operator of a working warehouse shall secure merchandise stored on shelves higher than 12 feet above the sales floor. Methods of securing merchandise shall include rails, fencing, netting, security doors, gates, cables, or the binding of items on a pallet into one unit by shrink-wrapping, metal or plastic banding, or by tying items together with a cord.

(b) All working warehouses shall comply with the provisions of this section on or before July 1, 2002.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 166. Effective January 1, 2003.)


citation: LAB § 9103

text:
(a) When heavy machinery is used to move merchandise from a shelf, there shall be a safety zone established to temporarily block customers from entering areas where merchandise could fall during removal from a shelf.

(b) All working warehouses shall comply with the provisions of this section on or before July 1, 2002.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 167. Effective January 1, 2003.)


citation: LAB § 9104

text: An owner, manager, or operator of a working warehouse who employs more than 50 employees shall submit to the division, a report of all known injuries requiring hospitalization, including emergency room medical treatment, or deaths occurring to customers as the result of falling merchandise. The report shall be filed within 30 days of December 31, 2002, and within 30 days of December 31, 2003. Each year, a corporation owning, managing, or operating more than one working warehouse may submit a single report on behalf of all of the corporation’s working warehouses in the state, provided that the report identifies the location of the warehouse where each reportable incident occurred.


citation: LAB § 9110

text:
(a) For purposes of this section, the following terms have the following meanings:

(1) “Agricultural employee” means a person employed in any of the following:

(A) An agricultural occupation, as defined in Wage Order No. 14 of the Industrial Welfare Commission.

(B) An industry preparing agricultural products for the market, on the farm, as defined in Wage Order No. 13 of the Industrial Welfare Commission.

(C) An industry handling products after harvest, as defined in Wage Order No. 8 of the Industrial Welfare Commission.

(2) “Board” means the Occupational Safety and Health Standards Board.

(3) “Wildfire smoke” means emissions from fires in “wildlands,” as defined in Section 3402 of Title 8 of the California Code of Regulations, or in adjacent developed areas.

(b) The division shall review and update the content of the training prescribed in Section 5141.1 of Title 8 of the California Code of Regulations, and shall thereafter post it on its internet website.

(c) The training provided by the employer is required to be in a language and manner readily understandable by employees, taking into account their ethnic and cultural backgrounds and education levels, including the use of pictograms, as necessary.

history: (History: Added by Stats. 2021, Ch. 322, Sec. 2. (AB 73) Effective September 27, 2021.)

part: 12. Agricultural Workers

path: 5. SAFETY IN EMPLOYMENT > 1. Working Warehouses > 12. Agricultural Workers


citation: LAB § 9150

text:
(a) The Legislature finds and declares the following:

(1) All workers deserve a safe and healthy workplace. Because the sets of motion picture productions have potential hazards, proactive planning and oversight of the workplace are key to worker safety.

(2) The growing popularity of a diverse array of media platforms and reality television and increased customer demand for new content and new production has increased the need for safety on sets.

(3) Improving the overall health and safety on motion picture production sets is especially critical for the safe handling of firearms.

(4) The primary protections for the cast and crew in a motion picture production, including when firearms are used, are found in voluntary safety standards developed by the Industry-Wide Labor-Management Safety Committee for use in motion picture production.

(b) It is the intent of the Legislature to do the following:

(1) Establish a pilot program to address the implementation and oversight of safety practices and procedures in motion picture productions participating in the pilot program.

(2) Require the productions in the pilot program to employ a safety advisor to oversee production safety and complete detailed, script-specific general and, if applicable, specific risk assessments as part of this pilot program.

(3) Establish training requirements and safety standards that focus on the safe handling of firearms and blanks in all motion picture production in California.

(4) Prohibit, except in the most limited circumstances, the use of live ammunition in motion picture production in California.

(c) It is not the intent of the Legislature in enacting this part to do either of the following:

(1) Adversely impact the employment or retention of craft employees responsible for handling firearms used in motion picture productions.

(2) Preclude the use of firearms, blanks, replicas, simulated firearms, or inert prop firearms or to influence content in motion picture productions.

history: (History: Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.)

path: 5. SAFETY IN EMPLOYMENT > 1. Working Warehouses > 13. SAFETY IN MOTION PICTURE PRODUCTIONS


citation: LAB § 9151

text:
As used in this part:

(a) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.

(b) “Blank” means a cartridge consisting of a primer cap, a shell case, and a quantity of gunpowder, but that does not contain a projectile.

(c) “Division” means the Division of Occupational Safety and Health.

(d) “Employer” means an employer engaged in producing a motion picture production.

(e) “Filming activities” includes principal photography and any subsequent filming, such as reshoots or additional scenes, as well as the construction and breakdown of sets and loading equipment, but does not include postproduction activity, including, but not limited to, editing, sound mixing, additional dialogue, or visual effects unrelated to reshoots.

(f) “Firearm” means a device, designed to expel through a barrel a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. “Firearm” does not include a replica or simulated firearm or a special effects device.

(g) “Industry-Wide Labor-Management Safety Committee” or “committee” means the California group composed of union, guild, and employer representatives that establishes safety guidelines for motion picture production and that meets regularly.

(h) “Motion picture production” means the development or creation of motion pictures, television programs, streaming productions, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes.

(i) “Pilot program” means the Safety on Productions Pilot Program established in Sections 9152 and 9152.5.

(j) “Risk assessment” is a detailed written review of a script and production plan prepared in accordance with Section 9152.5.

(k) “Safety advisor” means a person who works in tandem with, but independent of, performers and crew and who is not employed for any other role on the motion picture production; who reports to the unit production manager, or a person or persons having overall responsibility for the safety program, but retains autonomy to address production-related risk, including, as a last resort, the authority to temporarily halt production until a thorough examination of the potential hazard or hazards and the mitigation plan can take place among the decisionmakers on productions; and who meets the following qualifications:

(1) One of the following:

(A) At least two years’ experience primarily performing safety-related work in the entertainment industry as a department head, foreperson, or in a production safety position within motion picture production.

(B) At least 500 verifiable days in another crew position in motion picture production, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to both performers and crew.

(C) Five or more years of safety-related work, where safety was a primary role and responsibility, in another industry, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to workers and the public.

(2) Completion of a joint labor and management training on industry protocols, state and federal law, and safety practices in motion picture production.

(3) Completion of an OSHA 30-hour training for general industry.

(l) “Specific risk assessment” means a risk assessment for identified high-risk activities or situations prepared in accordance with Section 9152.5.

part: 13. SAFETY IN MOTION PICTURE PRODUCTIONS


citation: LAB § 9152

text:
(a) The Safety on Productions Pilot Program is hereby established. Commencing July 1, 2025, until June 30, 2030, inclusive, an employer for a motion picture production that receives a motion picture tax credit pursuant to a tax credit program that succeeds, on or after July 1, 2025, the tax credit program established in Section 17053.98 or 23698 of the Revenue and Taxation Code shall, for that motion picture production, hire or assign a safety advisor for California filming activities by the time the department heads start the preproduction process of planning for construction or high-risk activities to perform a risk assessment and, if required under this part, a specific risk assessment, to be completed in collaboration and consultation with appropriate production personnel, including, but not limited to, department heads and those with specialized knowledge. There shall be a dedicated safety advisor present on every motion picture production in the pilot program who is assigned exclusively to that motion picture production. The safety advisor shall have the authority to determine which worksite is most appropriate to have a physical presence on when multiple production-related activities are taking place in multiple locations.

(b) Any specific risk assessment shall be revised if there are meaningful changes to the proposed activity or location that would change the specific risk assessment or mitigation plan.

(c) All risk assessments shall be accessible via electronic transmission, upon request, to performers, crew, and labor organization representatives.

(d) The safety advisor shall have access to, and the opportunity to inspect, all locations, facilities, equipment, supplies, materials, and props to safeguard the safety of the performers and crew members. Access or inspection by a safety advisor pursuant to this subdivision does not include handling or otherwise touching a firearm.

(e) Production shall conduct a daily safety meeting, including, but not limited to, the meeting required in paragraph (4) of subdivision (a) of Section 9153.

(f) The safety advisor shall participate in daily safety meetings when occurring at the safety advisor’s selected worksite or worksites, if there are multiple production-related activities taking place in multiple locations.

(g) The employer shall identify a person for performers, crew, labor organization representatives, and the division to contact for issues regarding compliance.

(h) The safety advisor shall prepare a final safety evaluation report based on the actual risk and compliance experience, as set forth in subdivisions (a) to (e), inclusive. Within 60 days following completion of filming activities, the safety advisor shall provide the final safety evaluation report to the Industry-Wide Labor-Management Safety Committee and the California Film Commission. Unplanned or unknown reshoots or additional scenes filmed after the submission of the initial report shall require an addendum report.

(i) (1) The Industry-Wide Labor-Management Safety Committee and the California Film Commission shall jointly select an organization or firm to perform a written evaluation of the pilot program. The selected organization or firm shall review and assess the final safety evaluation reports on or before June 30, 2029, and make a nonbinding set of recommendations to the Legislature as to whether the pilot program should be implemented on a permanent basis and to what other motion pictures productions in this state it should, or should not, be extended. The California Film Commission shall not be responsible for the cost of the written evaluation.

(2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(j) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

history: (History: Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161. Repealed as of January 1, 2031, by its own provisions.)


text:
Risk assessments shall be performed in accordance with the following:

(a) A risk assessment shall be written and shall be a script and production plan that identifies and evaluates preproduction and production activity or production locations that may pose a risk and hazard to employees and sets forth a mitigation plan of those risks and hazards. Department heads and those with specialized knowledge shall be involved in creating a plan to mitigate risk. The process for developing the risk assessment shall commence once the department heads start preproduction planning for construction or high-risk activities.

(b) A specific risk assessment shall be written and shall comply with the following:

(1) Be focused on identified high-risk activities or situations.

(2) Include detailed and specific risk mitigation plans and procedures to identify and evaluate workplace hazards that have an elevated risk factor or factors or a combination of multiple risk factors.

(3) Identify the precautions and controls to be taken to mitigate that risk and reevaluate the level of risk assuming those controls are implemented or if no steps are taken to mitigate that risk.

(4) Identify the group of employees affected by the assessed risk.

(c) A specific risk assessment shall be performed for the use of the following:

(1) Firearms.

(2) Major pyrotechnics and explosives.

(3) Major stunts.

(4) Process shot moves.

(5) Aircraft or trains.

(6) Vehicles off road.

(7) Watercraft in open water and for individuals under water for prolonged periods.

(8) Workweeks of more than 60 hours.

(d) A safety advisor shall have the authority to determine if, and when, a specific risk assessment is necessary for both on and off set activities and situations, including the following:

(1) Overhead rigging.

(2) Rugged outdoor locations.

(3) Inclement weather.

(4) Animals.

(5) Heights.

(6) Intermittent traffic control.

(7) Night shoots.

(8) Other high-risk activities or situations as identified by the safety advisor.

(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.


citation: LAB § 9153

text:
(a) A firearm or blank shall only be permitted on motion picture productions, for the purposes of rehearsal, actor training, the filming of an on-camera sequence, or other development of content of the motion picture production with individuals of the performers or crew, under the following conditions:

(1) Under the custody and control of a qualified property master, armorer, or assistant property master.

(2) While handling the firearm, the property master, armorer, or assistant property master is the only person who can hand that firearm to the performer or cast or crew member standing in for that performer during the scene. Only the property master, armorer, or assistant property master shall collect the firearm upon completion of the activity.

(3) A property master, armorer, or assistant property master shall have no other duties, responsibilities, or obligations during the time the property master, armorer, or assistant property master is preparing for the use of a firearm and that a firearm is in the possession of the performer. It remains their sole responsibility until firearms are no longer in use and have been locked away.

(4) As indicated in safety bulletins of the Industry-Wide Labor-Management Safety Committee, a safety meeting shall be conducted when firearms are involved in a scene.

(5) The employer shall identify a person for performers, crew, labor organization representatives, and the division to contact for issues regarding compliance.

(6) The employer has ensured sufficient staffing of qualified property masters, armorers, or assistant property masters.

(b) A qualified property master, armorer, or assistant property master handling a firearm in the course of the motion picture production shall have all of the following:

(1) A current entertainment firearms permit or current dangerous weapons permit or license issued by the California Department of Justice.

(2) A joint entertainment industry labor-management firearm safety industry-specific training course certificate with training on industry protocols, state and federal law, and best practices on safety.

(3) One of the following:

(A) A signed rental sheet or copy of a completed Bureau of Alcohol, Tobacco, Firearms and Explosives “ATF Form 4473,” stating the lawful transfer of Title 1 Firearms to that property master, armorer, or assistant property master or a copy of a current Federal Firearms License (FFL) establishing the property master, armorer, or assistant property master as the lawful possessor of the firearms who may obtain and retain custody of all firearms used in motion picture productions.

(B) In the event of the use of restricted firearms classified under the Bureau of Alcohol, Tobacco, Firearms and Explosives National Firearms Act Division (ATF NFA) rules, and including “assault weapons,” as defined by California law, a set of current dangerous weapons permits issued by the Department of Justice, or in the absence of such permits, a clearly dated extension letter for 120 days from the Department of Justice Bureau of Firearms permitting the property master, armorer, or assistant property master to continue their activities with restricted firearms, and a signed rental sheet from the federally licensed armory providing the firearms, or a current FFL and current ATF Special Occupational Tax Stamp establishing lawful possession of restricted firearms by that property master, armorer, or assistant property master shall be presented for the property master, armorer, or assistant property master to obtain and retain custody of NFA firearms. In such a case, the dangerous weapons permits issued by the Department of Justice shall supersede the entertainment firearms permit.


citation: LAB § 9154

text:
(a) Employers engaged in motion picture production shall report to the division any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment pursuant to Section 342 of Title 8 of the California Code of Regulations. Pursuant to Section 6309, if the division learns or has reason to believe that an employment or place of employment is not safe or is injurious to the welfare of an employee, the division, on its own motion or upon complaint, may summarily investigate the employment or place of employment. Every inspection conducted by the division shall include an evaluation of the employer’s injury prevention program established pursuant to Section 6401.7 and any risk assessment for those participating in the pilot program established pursuant to Sections 9152 and 9152.5.

(b) Pursuant to Sections 6314 and 6317, if, upon inspection or investigation, the division determines that an employer has violated any standard, rule, order, regulation or these provisions, the division may with reasonable promptness issue a citation to the employer.


citation: LAB § 9155

text:
(a) Ammunition shall not be permitted on a motion picture production, except as follows:

(1) In the controlled and supervised environment of a shooting range or equivalent and for the purposes of actor training or postproduction gunfire sound recording, a documentary, except reenactments, or firearms education.

(2) Where ammunition is essential to the subject matter of the work, such as a competitive reality show, a documentary, except dramatic reenactments, or a firearms education and safety training production.

(3) While filming footage of trained military or police personnel firing weapons in a controlled military or police facility.

(b) In the exceptions set forth in subdivision (a), all range safety rules, federal, state, and local laws, and Industry-Wide Labor-Management Safety Committee Safety Bulletins #1 and #2 shall be followed under the supervision of the property master, armorer, or qualified assistant property master. Appropriate medical personnel shall be available.


citation: LAB § 9156

text: Every employer shall require that any employee responsible for handling, or in proximity to, firearms on set completes a Contract Services Administration Trust Fund (CSATF) Firearms Safety Course for the Entertainment Industry, or an equivalent training, as determined by the Industry-Wide Labor-Management Safety Committee. This training requirement shall be paid for by the employer and is not limited to crew or guild members.


citation: LAB § 9157

text: An employer shall comply with this part and any applicable safety standard.


citation: LAB § 9158

text:
This part does not apply to the following persons when they are on the perimeter of a set where motion picture production is happening:

(a) A registered security guard carrying a firearm in compliance with security guard firearms qualifications established in Sections 7583.2 to 7583.5, inclusive, of the Business and Professions Code, who is employed to provide security to the motion picture production and who, in the scope and the course of that employment, is at all times in possession and control of the firearm.

(b) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties and who, in the scope and the course of their duties, is at all times in possession and control of the firearm.


citation: LAB § 9159

text: The division shall enforce this part.


citation: LAB § 9160

text: This part shall not prevent or limit employer adoption of stricter safety standards.


citation: LAB § 9161

text: This part shall become operative on January 1, 2025.

history: (History: Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023.)


citation: LAB § 9250

text:
For purposes of this part, the following definitions apply:

(a) “Auxiliary organization” means an entity that is included as an auxiliary organization pursuant to Section 89901 of the Education Code.

(b) “Contract” means an existing event and reservation agreement between a contracting entity and an entertainment events vendor to set up, operate, or tear down a live event at a public events venue.

(c) “Contracting entity” means a body that contracts with an entertainment events vendor to set up, operate, or tear down a live event at a public events venue.

(d) “Division” means the Division of Occupational Safety and Health.

(e) “Entertainment events vendor” means a private employer that contracts to set up, operate, or tear down a live event and includes any subcontractor employer involved in the event’s setting up, operation, or tearing down.

(f) “Entertainment Services and Technology Association” means the nonprofit trade association based in North America for the entertainment technology industry that develops standards for entertainment crafts through an accredited American National Standards Institute technical standards program.

(g) “Entertainment Technician Certification Program” means the industry and labor nongovernmental program of the Entertainment Services and Technology Association that grants certification to a worker who has demonstrated mastery as an entertainment technician.

(h) “Heads of departments” and “leads” means any worker that leads, supervises, or directs one or more workers in that same occupation and is employed in an occupation that may be certified by the Entertainment Technician Certification Program.

(i) “Cal/OSHA-10” means a 10-hour course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course.

(j) “OSHA-10” means the United States Department of Labor’s Occupational Safety and Health Administration’s 10-hour course on workplace health and safety.

(k) “OSHA-10/General Entertainment Safety” means the United States Department of Labor’s Occupational Safety and Health Administration’s 10-hour course on workplace health and safety specific to the entertainment and exhibition industries.

(l) “Cal/OSHA-30” means a 30-hour course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course.

(m) “OSHA-30” means the United States Department of Labor’s Occupational Safety and Health Administration’s 30-hour course on workplace health and safety.

(n) “OSHA-30/General Entertainment Safety” means the United States Department of Labor’s Occupational Safety and Health Administration’s 30-hour course on workplace health and safety specific to the entertainment and exhibition industries.

(o) “Public events venue” means a state-operated fairground, county fairground, state park, California State University, University of California, or auxiliary organization-run facility that hosts live events.

(p) “Operate” means to operate effects on an event set, including, but not limited to, lighting, sound, pyrotechnics, machinery, electrical apparatus, scenery, audiovisual, or rigging.

(q) “Skilled and trained workforce” has the same meaning as defined in Section 2601 of the Public Contract Code.

history: (History: Added by Stats. 2022, Ch. 759, Sec. 2. (AB 1775) Effective January 1, 2023.)

part: 14. Safety on Staging for Live Events

path: 5. SAFETY IN EMPLOYMENT > 1. Working Warehouses > 14. Safety on Staging for Live Events


citation: LAB § 9251

text:
(a) A contracting entity shall require an entertainment events vendor to certify for its employees, and any subcontractors’ employees, as part of the contract for production of any live event at its public events venue, both of the following:

(1) An employee of an entertainment events vendor involved in the setting up, operation, or tearing down of a live event at the venue has completed the Cal/OSHA-10, the OSHA-10/General Entertainment Safety training, or the OSHA-10 as applicable to their occupation.

(2) One of the following applies:

(A) Heads of departments and leads have completed the Cal/OSHA-30, the OSHA-30/General Entertainment Safety training, or the OSHA-30, and are certified through the Entertainment Technician Certification Program relevant to the task or tasks they are supervising or performing, or another certification program, as specified by the division.

(B) The entertainment events vendor certifies that its employees and any subcontractors’ employees meet the conditions for a skilled and trained workforce.

(b) An entertainment events vendor shall certify in writing, and as part of the contract, that they have verified the training completion and certification requirements of all employees, and any subcontractor’s employees, who will work on the setting up, operation, or tearing down of the event.

(c) (1) The contract shall provide in writing that the entertainment events vendor shall furnish, upon hiring for the live event pursuant to the contract, the contracting entity with both of the following:

(A) The names of the employees of the entertainment events vendor and the names of employees of any subcontractors.

(B) What training or certification the employee has completed and the date of certification, as specified by this section.

(2) The contract is subject to Section 7928.801 of the Government Code.

(3) The contracting entity may use or disclose to third parties the information provided pursuant to paragraph (1) for the purpose of carrying out the contracting entity’s duties under the contract, including, but not limited to, verifying an employee’s training and certification, but shall not use or disclose the information for purposes unrelated to the contracting entity’s duties under the contract.

(d) The requirements of this section shall not apply to a direct employee of the public events venue.

history: (History: Amended by Stats. 2024, Ch. 969, Sec. 2. (AB 2738) Effective January 1, 2025.)


citation: LAB § 9252

text:
(a) The division shall enforce this part by the issuance of a citation alleging a violation of this part and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.

(b) Penalties shall only be assessed against an entertainment events vendor, a public events venue, or a contracting entity, as these terms are defined in Section 9250, and shall not be assessed against an employee of an entertainment events vendor or an employee of a subcontractor for not completing the training or certification required by Section 9251.

(c) The issuance of a citation under this section is in addition to any other penalties authorized under Title 8 of the California Code of Regulations.

(d) The division shall deposit the funds assessed pursuant to this section in the Occupational Safety and Health Fund established pursuant to Section 62.5.

history: (History: Amended by Stats. 2024, Ch. 969, Sec. 3. (AB 2738) Effective January 1, 2025.)


text: This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1. If this part is enforced by a public prosecutor, then the public prosecutor may seek injunctive relief to prevent continued violations of Section 9251 and a maximum penalty of five hundred dollars ($500) per violation shall apply in lieu of Section 9252 or any other division enforcement requirements or appeals process.

history: (History: Added by Stats. 2024, Ch. 969, Sec. 4. (AB 2738) Effective January 1, 2025.)


citation: LAB § 9253

text: This part, or any related health and safety standard, does not prevent or limit an employer, contracting entity, or entertainment events vendor from adopting stricter safety standards.


citation: LAB § 9254

text: Nothing in this part relieves an employer from conducting any other training required under Title 8 of the California Code of Regulations and complying with any other occupational safety and health law or regulation, as applicable.


text: This act shall be known, and may be cited, as the Promote Ownership by Workers for Economic Recovery Act.

history: (History: Added by Stats. 2022, Ch. 808, Sec. 1. (AB 2849) Effective January 1, 2023.)

chapter: 1. General Provisions

path: 6. THE PROMOTE OWNERSHIP BY WORKERS FOR ECONOMIC RECOVERY ACT > 1. General Provisions


text:
(a) On August 14, 2019, the Governor signed Executive Order No. N-17-19 establishing the Future of Work Commission tasked with studying, among other matters, “the potential jobs of the future and opportunities to shape those jobs for the improvement of life for all of California,” “policies and practices that will help California’s businesses, workers, and communities thrive economically, while responding to rapid changes in technology and workplace structures and practices,” “policies and practices that will close the employment and wage gap for Californians,” “strategies for engaging employers in the creation of good, high-wage jobs of the future,” and “workforce development, training, education, and apprenticeship programs for the jobs of the future.”

(b) In March 2021, the Future of Work Commission issued its report, “A New Social Compact for Work and Workers,” recommending that, among other actions, California help (1) ensure the creation of sufficient numbers of jobs for everyone who wants to work, including by extending financial and technical assistance to mission-oriented businesses, (2) eliminate working poverty, including by creating supports for workers to organize in unions and worker associations as well as supporting “high-road” employment, (3) create a 21st-century worker benefits model and safety net, including by developing a portable benefits platform and encouraging apprenticeship and other skill-building programs, (4) raise the standard and share of quality jobs, including by creating a California Job Quality Incubator to support the increase of high-quality jobs, and (5) futureproof California with jobs and skills to prepare for technology, climate, and other shocks, including by providing incentives to the private sector to invest in worker training.

(c) The Legislature finds and declares that a California-focused federated worker cooperative system may advance these objectives by encouraging the expansion of democratically run high-road cooperative businesses that promote equitable economic development, reduce inequality, and increase access to living-wage jobs. Worker cooperatives have been shown to convey wealthbuilding and other significant benefits to workers, including autonomy from larger economic forces, more resiliency during economic downturns, lower workforce turnover, greater voice in health, safety, and other workplace issues, and more equitable pay. The Legislature wishes to study how a federated worker cooperative system could advance the goals of the Future of Work Commission, particularly as they apply to historically underresourced communities.

division: 6. THE PROMOTE OWNERSHIP BY WORKERS FOR ECONOMIC RECOVERY ACT


text:
For purposes of this division, the following terms have the following meanings:

(a) “Association” means the Association of Cooperative Labor Contractors.

(b) “Secretary” means the Secretary of Labor and Workforce Development.

chapter: 2. Definitions

path: 6. THE PROMOTE OWNERSHIP BY WORKERS FOR ECONOMIC RECOVERY ACT > 2. Definitions


text:
(a) There is hereby established in state government a panel to conduct a study regarding the creation of an Association of Cooperative Labor Contractors for the purpose of facilitating the growth of democratically run high-road cooperative labor contractors. The panel shall be assisted in this task by staff from the Labor and Workforce Development Agency or a subsidiary department thereof selected by the Secretary of Labor and Workforce Development.

(b) The panel shall consist of all of the following members:

(1) The secretary or the director of a subsidiary department thereof selected by the secretary.

(2) The Director of the Governor’s Office of Business and Economic Development.

(3) An appointee of the Speaker of the Assembly.

(4) An appointee of the President pro Tempore of the Senate.

(5) A representative from the Future of Work Commission selected by the Governor.

(c) In preparing the study, the panel may retain outside experts on high-road jobs, worker cooperatives, business formation, and other topics pertinent to the association.

(d) The study shall consider, at a minimum, how to do all of the following:

(1) Advance the goals of the Future of Work Commission within the association.

(2) Incentivize the growth of the association and its members.

(3) Promote tenets of democratic worker control, including, but not limited to, uniform hiring and ownership eligibility criteria, worker-owners working most hours worked, most voting ownership interest being held by worker-owners, most voting power being held by worker-owners, and worker-owners exercising their vote on a one-person, one-vote basis.

(4) Ensure that the association’s members offer high-road jobs, which include, but are not limited to, jobs with the right to organize and participate in labor organizations and jobs with minimum labor standards, such as a minimum wage in excess of the otherwise applicable minimum wage, a compensation ratio between the highest and lowest paid employees, minimum health expenditures, minimum retirement expenditures, and protections for individuals who have gone through the criminal justice system.

(e) In preparing the study, the panel shall engage in a stakeholder process by which it consults with, at a minimum, organized labor, worker cooperatives, and business groups that can assess the opportunities and challenges associated with expanding workplace democracy in the major sectors of the economy throughout the state.

(f) The panel shall complete the study and make it publicly available on the internet no later than June 30, 2024.

chapter: 3. Study

path: 6. THE PROMOTE OWNERSHIP BY WORKERS FOR ECONOMIC RECOVERY ACT > 3. Study


text:
(a) The Department of Industrial Relations, upon appropriation of funds to the department for this purpose, shall establish and administer the California Workplace Outreach Program.

(b) The purpose of the program shall be to promote awareness of, and compliance with, workplace protections that affect California workers, with a focus on low-wage, high-risk, and high-violation industries.

(c) The department shall consult and collaborate with the Civil Rights Department when the program’s outreach and education materials involve protections under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or any statute referenced in subdivision (f) of Section 12930 of the Government Code.

history: (History: Added by Stats. 2025, Ch. 771, Sec. 1. (SB 578) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 11005.)

division: 7. CALIFORNIA WORKPLACE OUTREACH PROGRAM


text:
For purposes of this division, the following definitions apply:

(a) “Department” means the Department of Industrial Relations.

(b) “Program” means the California Workplace Outreach Program.

(c) “Qualified organization” means a nonprofit organization with demonstrated experience in carrying out in-person outreach and education directed at workers in industries and demographic groups deemed by the department or its divisions to be vulnerable to violations of workplace protections.

path: 7. CALIFORNIA WORKPLACE OUTREACH PROGRAM