STATE of CALIFORNIA - DEPARTMENT of INDUSTRIAL RELATIONS ARNOLD SCHWARZENEGGER, Governor s10

`STATE OF CALIFORNIA - DEPARTMENT OF INDUSTRIAL RELATIONS ARNOLD SCHWARZENEGGER, Governor

OCCUPATIONAL SAFETY

AND HEALTH STANDARDS BOARD

2520 Venture Oaks, Suite 350

Sacramento, CA 95833

(916) 274-5721

FAX (916) 274-5743

www.dir.ca.gov/oshsb

NOTICE OF PROPOSED MODIFICATION TO

CALIFORNIA CODE OF REGULATIONS

TITLE 8: Chapter 4, Subchapter 4, Article 30, Section 1730, and

Proposed New Section 1731

of the Construction Safety Orders

Roof Hazards – New Production-Type Residential Construction

Pursuant to Government Code Section 11346.8(c), the Occupational Safety and Health Standards Board (Standards Board) gives notice of the opportunity to submit written comments on the above-named standards in which modifications are being considered as a result of public comments and/or Board staff consideration.

On May 18, 2006, the Standards Board held a Public Hearing to consider revisions to Title 8, Section 1730, and proposed new Section 1731 of the Construction Safety Orders. The Standards Board received written comments on the proposed revisions. The standards have been modified as a result of these comments and Board consideration.

A copy of the full text of the standards as originally proposed, and a copy of the pages with the modifications clearly indicated, are attached for your information. In addition, a summary of all written comments regarding the original proposal and staff responses is included.

Pursuant to Government Code Section 11346.8(d), notice is also given of the opportunity to submit comments concerning the addition to the rulemaking file of the following documents relied upon:

· Roofing Industry Accident Investigations, U.S. Department of Labor, Occupational Safety and Health Administration, IMIS Report, from 20010101 to 20051231, SIC 1761, State of CA specified, dated 2006/05/15 (Note: this is a partial report due to IMIS 100 page report limit – actually covers the period 01/01/2001-06/11/2003).

· Roofing Industry Accident Investigations, U.S. Department of Labor, Occupational Safety and Health Administration, IMIS Report, from 20010101 to 20051231, SIC 1761, State of CA specified, dated 2006/05/16. (Note: this is a partial report due to IMIS 100 page report limit – actually covers the period 06/12/2003-04/18/2005).

· Roofing Industry Accident Investigations, U.S. Department of Labor, Occupational Safety and Health Administration, IMIS Report, from 20010101 to 20051231, SIC 1761, State of CA specified, dated 2006/05/18 (Note: this is a concluding report for the specified period. Previous reports were truncated due to IMIS 100 page report limit – actually covers the period 04/12/2005-12/31/2005).

CSO 1730-1731, Roof Hazards - New Production-Type Residential Construction

Notice of Proposed Modification

Page 2

Copies of these documents are available for review during normal business hours at the Standards Board Office located at the address listed below.

Any written comments on these modifications must be received by 5:00 p.m. on January 2, 2007, at the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, California 95833. The standards will be scheduled for adoption at a future business meeting of the Standards Board.

The Standards Board’s rulemaking files on the proposed action are open to public inspection Monday through Friday, from 8:00 a.m. to 4:30 p.m., at the Standards Board’s office at 2520 Venture Oaks Way, Suite 350, Sacramento, California 95833.

Inquiries concerning the proposed changes may be directed to Keith Umemoto, Executive Officer at (916) 274-5721.

OCCUPATIONAL SAFETY AND HEALTH

STANDARDS BOARD

Date: December 13, 2006 Keith Umemoto, Executive Officer

STANDARDS AS ORIGINALLY PROPOSED

STANDARDS PRESENTATION Page 1 of 3

CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

PROPOSED STATE STANDARD,

TITLE 8, CHAPTER 4

Subchapter 4, Construction Safety Orders

Article 30. Roofing Operations and Equipment

Amend Section 1730 as follows:

§1730. Roof Hazards.

* * * * *

(f) Slopes Greater Than 5:12--Multiple-Unit Roof Coverings. Employees shall be protected from falls from roofs that are of a height of more than 20 feet by one or a combination of the following methods:

(1) A parapet at least 24 inches high.

(2) Personal Fall Protection [Section 1724(f)].

(3) Catch Platforms [Section 1724(c)].

(4) Scaffold Platforms [Section 1724(d)].

(5) Eave Barriers [Section 1724(e)].

(6) Roof Jack Systems [Section 1724(a)] (Safety lines shall be required in conjunction with roof jack systems on roofs steeper than 7:12)

Exception for Section 1730: For roofing work on new production-type residential construction with roof slopes 3:12 or greater, see Section 1731.

Note: For purposes of Section 1730, the height measurement shall be determined by measuring the vertical distance from the lowest edge of the roof or eaves to the ground or level below. The height of parapets shall not be included in the roof height measurements.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
STANDARDS PRESENTATION Page 2 of 3

CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

PROPOSED STATE STANDARD,

TITLE 8, CHAPTER 4

Subchapter 4, Construction Safety Orders

Article 30. Roofing Operations and Equipment

Add new Section 1731 as follows:

§1731. Roof Hazards - New Production-Type Residential Construction.

(a) Scope and Application.

(1) This section shall apply only to roofing work on new production-type residential construction with roof slopes 3:12 or greater.

(2) This section does not apply to custom-built homes, re-roofing operations, roofing replacements or additions on existing residential dwelling units.

Note: For other roofing operations, see Section 1730.

(b) Definitions.

Custom-built home. A single detached housing unit built under a single contract.

Eaves. The lowest edge of a sloped roof.

Production-type residential construction. Any new residential housing unit that is not a custom-built home.

Roof. The exterior surface on the top of a building. This does not include floors or formwork which, because a building has not been completed, temporarily become the top surface of a building.

Roof slope. For the purposes of this section, the incline angle of a roof surface, given as a ratio of the vertical rise to the horizontal run. For example, a 4:12 roof has 4 feet of vertical rise for 12 feet of horizontal run.

Roofing work. The loading and installation of roofing materials, including related insulation, sheet metal that is integral to the roofing system, and vapor barrier work, but not including the construction of the roof deck.

(1) Roof Slopes Less Than 7:12: Employees shall be protected from falling when on a roof surface where the eave height exceeds 15 feet above the grade or level below by use of one or any combination of the following methods:

(A) Personal Fall Protection (Section 1670).

(B) Catch Platforms [Section 1724(c)].

(D) Eave Barriers [Section 1724(e)].

(E) Standard Railings and Toeboards (Article 16).

(F) Roof Jack Systems [Section 1724(a)].

STANDARDS PRESENTATION Page 3 of 3

CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

PROPOSED STATE STANDARD,

TITLE 8, CHAPTER 4

(2) Roof Slopes 7:12 or Greater: Personal fall protection systems shall be required on roofs with slopes 7:12 or greater regardless of height.

(d) Training.

(1) In addition to training required by Sections 1509 and 3203, each affected employee shall be trained to ensure specific awareness of the fall hazards associated with roofing work, including, but not limited to:

(A) Work on or near gable ends,

(B) Slipping hazards,

(D) Skylights,

(E) Work on ladders and scaffolds,

(F) Access to roof,

(G) Placement and location of materials on the roof,

(H) Impalement hazards, and

(I) Care and use of fall protection systems.

(2) Documentation of employee training shall be maintained as required by Section 3203 of the General Industry Safety Orders.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

PROPOSED MODIFICATIONS

(Modifications are indicated in bold,

double underline wording for new language,

and bold, strikeout for deleted language.)

(Only modified pages are included)

STANDARDS PRESENTATION Page 2 of 3

CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

PROPOSED STATE STANDARD,

TITLE 8, CHAPTER 4

Subchapter 4, Construction Safety Orders

Article 30. Roofing Operations and Equipment

Add new Section 1731 as follows:

§1731. Roof Hazards - New Production-Type Residential Construction.

(a) Scope and Application.

(3) This section shall apply only to roofing work on new production-type residential construction with roof slopes 3:12 or greater.

(4) This section does not apply to custom-built homes, re-roofing operations, roofing replacements or additions on existing residential dwelling units.

Note: For other roofing operations, see Section 1730.

(b) Definitions.

Custom-built home. A single detached housing unit built under a single contract.

Eaves. The lowest edge of a sloped roof.

Production-type residential construction. Any new residential housing unit that is not a custom-built home.

Roof. The exterior surface on the top of a building. This does not include floors or formwork which, because a building has not been completed, temporarily become the top surface of a building.

(1) Roof Slopes Through Less Than 7:12: Employees shall be protected from falling when

on a roof surface where the eave height exceeds 15 feet above the grade or level below by use of one or any combination of the following methods:

(A) Personal Fall Protection (Section 1670).

(B) Catch Platforms [Section 1724(c)].

(D) Eave Barriers [Section 1724(e)].

(E) Standard Railings and Toeboards (Article 16).

(F) Roof Jack Systems [Section 1724(a)].

STANDARDS PRESENTATION Page 3 of 3

CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

PROPOSED STATE STANDARD,

TITLE 8, CHAPTER 4

(2) Roof Slopes Steeper than 7:12 or Greater: Personal fall protection systems shall be

required on roofs with slopes 7:12 or greater regardless of height. Employees shall be

protected from falling by methods prescribed in Subsections (c)(1)(A), (B), (C), or (E)

regardless of height.

(d) Training.

(A) Work on or near gable ends,

(B) Slipping hazards,

(D) Skylights,

(E) Work on ladders and scaffolds,

(F) Access to roof,

(G) Placement and location of materials on the roof,

(H) Impalement hazards, and

(I) Care and use of fall protection systems.

(2) Documentation of employee training shall be maintained as required by Section 3203 of the General Industry Safety Orders.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

SUMMARY AND RESPONSE TO COMMENTS

SUMMARY AND RESPONSE TO WRITTEN AND ORAL COMMENTS

I. Written Comments

Beth Curran, Executive Director, CALPASC OCIE (California Professional Association of Specialty Contractors - Orange County Inland Empire), by letter dated April 12, 2006,

and

Natalie Murdaugh, Membership Services Director, CALPASC Northern California, by letter dated April 12, 2006,

and

Cees Molenaar, Executive Vice President, CALPASC San Diego, by letter received April 25, 2006.

Comment:

The commenters each submitted letters noting that CALPASC is a statewide organization of specialty contractors which employ approximately 80,000 persons who are engaged in residential construction activities. They stated that the residential building industry is in dire need of clarity and an effective fall protection standard for residential roofing activities. Their organization is of the opinion that the proposed trigger height reduction from 20 feet to 15 feet will provide much needed clarity in fall protection standards for the residential building industry which will, in turn, promote compliance. They stated that CALPASC wholeheartedly supports the proposed standard.

Response:

The Board thanks the commenters, CALPASC OCIE, CALPASC Northern California, and CALPASC San Diego, for participating in the rulemaking process and for their support for the proposal.

Lonnie L. Clary, President, Clary Roofing, Inc., by letter received April 17, 2006,

and

Mike Rochholz, President, Secure Roofing, by letter received April 21, 2006,

and

Joseph DePinho, President, DePinho Roofing, Inc., by letter received April 24, 2006

Comment:

These commenters, collectively employing approximately 280 persons, submitted letters of support substantially similar in content to one another.

The commenters agreed that the residential building industry is in dire need of clarity and an effective fall protection standard for [new] residential roofing activities. They opined that the proposed reduction in trigger height will create a safer work place while promoting compliance.

The commenters offered their wholehearted support for the proposal.

Response:

The Board thanks Messrs. Clary, Rochholz, and DePinho, for participating in the rulemaking process and for their support for the proposal.

Timothy M. Davey, Chairman, DRI Residential Corporation, by letter dated April 17, 2006

Comment:

Mr. Davey noted that DRI Residential is a roofing contractor which employs approximately 450 employees and that the practical effect of the trigger height reduction will be to require fall protection for work on all new two-story tract houses built in California. He opined that it should result in the elimination of numerous serious injuries in the future and should reduce workers’ compensation costs. He offered his strong support for the proposal and looks forward to its implementation.

Response:

The Board thanks Mr. Davey for participating in the rulemaking process and for his support for the proposal.

Kevin D. Bland, Private General Counsel for CALPASC, by letter dated May 9, 2006,

and

Bruce Wick, Vice President of Risk Management, CALPASC, by letter dated May 9, 2006.

Comment:

These individuals submitted separate letters of support substantially similar in content.