Notice of Public Hearing 10 October 19, 2006
STATE OF CALIFORNIA - DEPARTMENT OF INDUSTRIAL RELATIONS ARNOLD SCHWARZENEGGER, Governor
OCCUPATIONAL SAFETY
AND HEALTH STANDARDS BOARD
2520 Venture Oaks Way, Suite 350
Sacramento, CA 95833
(916) 274-5721
FAX (916) 274-5743
www.dir.ca.gov/oshsb
NOTICE OF PUBLIC MEETING/PUBLIC HEARING/BUSINESS MEETING
OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
AND NOTICE OF PROPOSED CHANGES TO TITLE 8
OF THE CALIFORNIA CODE OF REGULATIONS
Pursuant to Government Code Section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board of the State of California has set the time and place for a Public Meeting, Public Hearing, and Business Meeting:
PUBLIC MEETING: / On October 19, 2006, at 10:00 a.m.in the Auditorium of the Harris State Building,
1515 Clay Street, Oakland, California 94612.
At the Public Meeting, the Board will make time available to receive comments or proposals from interested persons on any item concerning occupational safety and health.
PUBLIC HEARING: / On October 19, 2006, following the Public Meetingin the Auditorium of the Harris State Building,
1515 Clay Street, Oakland, California 94612.
At the Public Hearing, the Board will consider the public testimony on the proposed changes to occupational safety and health standards in Title 8 of the California Code of Regulations.
BUSINESS MEETING: / On October 19, 2006, following the Public Hearingin the Auditorium of the Harris State Building,
1515 Clay Street, Oakland, California 94612.
At the Business Meeting, the Board will conduct its monthly business.
DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request. Any person with a disability requiring an accommodation, auxiliary aid or service, or a modification of policies or procedures to ensure effective communication and access to the public hearings/meetings of the Occupational Safety and Health Standards Board should contact the Disability Accommodation Coordinator at (916) 274-5721 or the state-wide Disability Accommodation Coordinator at 1-866-326-1616 (toll free). The state-wide Coordinator can also be reached through the California Relay Service, by dialing 711 or 1-800-735-2929 (TTY) or 1-800-855-3000 (TTY-Spanish).
Accommodations can include modifications of policies or procedures or provision of auxiliary aids or services. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer-Aided Transcription System or Communication Access Realtime Translation (CART), a sign-language interpreter, documents in Braille, large print or on computer disk, and audio cassette recording. Accommodation requests should be made as soon as possible. Requests for an ALS or CART should be made no later than five (5) days before the hearing.
OCCUPATIONAL SAFETY AND HEALTH
STANDARDS BOARD
JOHN D. MACLEOD, Chairman
NOTICE OF PROPOSED CHANGES TO TITLE 8
OF THE CALIFORNIA CODE OF REGULATIONS
BY THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
Notice is hereby given pursuant to Government Code Section 11346.4 and Labor Code Sections 142.1, 142.4 and 144.5, that the Occupational Safety and Health Standards Board pursuant to the authority granted by Labor Code Section 142.3, and to implement Labor Code Section 142.3, will consider the following proposed revisions to Title 8, General Industry Safety Orders and Ship Building, Ship Repairing and Ship Breaking Safety Orders of the California Code of Regulations, as indicated below, at its Public Hearing on October 19, 2006.
1. / TITLE 8: / GENERAL INDUSTRY SAFETY ORDERSChapter 4, Subchapter 7, Article 10
Section 3385
Update of National Consensus Standard Reference for Protective Footwear
2. / TITLE 8: / GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Article 98
Section 5004
Chapter 4, Subchapter 7, Article 101
Section 5047
SHIP BUILDING, SHIP REPAIRING AND SHIP BREAKING SAFETY ORDERS
Chapter 4, Subchapter 18, Article 6
Section 8379
Use of Personnel Suspended Platforms from Crane or Derrick
A description of the proposed changes are as follows:
Chapter 4, Subchapter 7, Article 10
Section 3385
Update of National Consensus Standard Reference for Protective Footwear
INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW
Existing GISO Section 3385 contains requirements for foot protection and stipulates that appropriate foot protection shall be worn when employees are exposed to various foot hazards and prohibits the use of defective or inappropriate footwear. This section also requires that protective footwear meet the design, construction and testing requirements of the American National Standard Institute (ANSI) Z41 standards.
The ANSI Z41 Committee on Personal Protection-Protective Footwear, which developed the currently referenced standard in Section 3385, merged with American Society of Testing Materials International's (ASTM) Committee F13 on Safety and Traction for Footwear. This merger dissolved Z41 as an ANSI Committee and designated the ASTM Committee F13 on Pedestrian/Walkway Safety and Footwear to undertake the oversight and redrafting of the ANSI Z41 performance requirements and test method on personal protection on protective footwear. In April 2005, the 1999 version of the Z41 standard was withdrawn as ASTM announced two new replacement ASTM standards, F 2412-05, Standard Test Methods for Foot Protection, and F 2413-05, Standard Specification for Performance Requirements for Foot Protection. As a result, the new protective footwear purchased by employers and employees conflict with the existing Section 3385, as the referenced ANSI Z41 standard no longer exists, and footwear is no longer labeled to be in compliance with ANS1 Z41, as they are labeled to be in compliance with the two proposed referenced ASTM standards.
The ASTM F 2412 and F 2413 continue to use safety and performance criteria previously provided in the ANSI Z41 and help protect against toe, metatarsal, and foot bottom injuries. The new ASTM standards also include test methods and performance requirements for footwear providing electric shock resistance, conductive and static dissipative and dielectric properties, as well as chain saw protection. The new ASTM F 2412-05 standard contains minimal changes from the withdrawn ANSI Z41 1999 standard (the most current version) with regard to test methodology. The new ASTM F 2413-05 standard proposed for inclusion in Section 3385 is enhanced with expanded information on upper class 50 and class 75 toe protection performance requirements. The major performance characteristic changes between the new ASTM standards and the old ANSI standard are the removal of Type II for Static Dissipative and Class 30 for Impact and Compression requirements. Protective footwear manufacturers manufacture and test their products to the ASTM standards and have begun to label them as such.
Federal OSHA’s comparable standards contained in 29CFR 1910.136, reference an outdated ANSI Z41-1967 standard which is no longer available from ANSI to the general public. Alternatively, the federal standard at 29CFR 1910.136(b)(1) allows employers to utilize protective footwear that is proven equally effective by the employer; an alternative practice that is not permitted in California.
The proposal also updates the existing ANSI Z41-1967 standard referenced in subsection (c)(2) to the 1999 edition, permitting the continued use of ANSI Z41.1-1999 protective footwear purchased prior to the effective date of the proposal, meeting the ANSI Z41 standard, or footwear meeting the requirements of the new ASTM standards. As previously noted, the 1967 ANSI standard is no longer available. In addition, since employers typically call for the replacement of protective footwear at least once a year, updating the reference is reasonable.
The following actions are proposed:
Section 3385. Foot Protection.
Existing Section 3385 consists of three subsections which contain requirements for foot protection and stipulates that appropriate foot protection shall be worn when employees are exposed to various foot hazards and prohibits the use of defective or inappropriate footwear. This section also requires that protective footwear purchased after January 12, 1995, meet the design, construction and testing requirements of the American National Standard Institute (ANSI) Z41-1991 standards and that protective footwear purchased on or before January 12, 1995, meet the requirements of the ANSI Z4.1-1967 standard.
Amendments are proposed to subsection (c)(1) to require protective footwear purchased after the effective date of the proposal[1] to meet the requirements and specifications of the ASTM F 2412 and the ASTM F 2413, 2005 standards. Amendments are proposed for subsection (c)(2) to delete the outdated Z41.1-1967 edition and require protective footwear purchased on or before the effective date of the proposal to meet either the ANSI Z41.1-1999 standard or the ASTM F 2412 and 2413, 2005 standards.
The proposed amendments will clarify to the employer the performance and testing standards to which protective footwear is currently manufactured, and what standards protective footwear is to comply with depending on whether it was purchased before or after the effective date of the proposed amendments. The proposal would continue to permit the use of protective footwear designed, built and tested in accordance with the ANSI Z41.1-1999 standard. Since the 1967 standard is no longer in print it is not possible to specify the differences between the two standards other than to say that it is reasonable to expect that there are notable differences between the outdated ANSI Z41-1967 standard and the two new ASTM standards proposed here.
DOCUMENTS INCORPORATED BY REFERENCE
1. American National Standard Institute (ANSI), Z41-1999, American National Standard for Personal Protection-Protective Footwear.
2. American Society for Testing of Materials (ASTM), Designation F 2412-05, Standard Test Methods for Foot Protection, Copyright ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, PA.
3. ASTM, Designation F 2413-05, Standard Specification for Performance Requirements for Foot Protection, Copyright ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, PA.
COST ESTIMATES OF PROPOSED ACTION
Costs or Savings to State Agencies
No costs or savings to state agencies will result as a consequence of the proposed action.
Impact on Housing Costs
The Board has made an initial determination that this proposal will not significantly affect housing costs.
Impact on Businesses
The Board has made an initial determination that this proposal will not result in a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.
Cost Impact on Private Persons or Businesses
The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.
Costs or Savings in Federal Funding to the State
The proposal will not result in costs or savings in federal funding to the state.
Costs or Savings to Local Agencies or School Districts Required to be Reimbursed
No costs to local agencies or school districts are required to be reimbursed. See explanation under “Determination of Mandate.”
Other Nondiscretionary Costs or Savings Imposed on Local Agencies
This proposal does not impose nondiscretionary costs or savings on local agencies.
DETERMINATION OF MANDATE
The Occupational Safety and Health Standards Board has determined that the proposed standard does not impose a local mandate. Therefore, reimbursement by the state is not required pursuant to Part 7. Furthermore (commencing with Section 17500 of Division 4 of the Government Code), because the proposed amendments will not require local agencies or school districts to incur additional costs in complying with the proposal, this standard does not constitute a “new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution.”
The California Supreme Court has established that a “program” within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal.3d 46.)
The proposed standard does not require local agencies to carry out the governmental function of providing services to the public. Rather, the standard requires local agencies to take certain steps to ensure the safety and health of their own employees only. Moreover, the proposed standard does not in any way require local agencies to administer the California Occupational Safety and Health program. (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)
The proposed standard does not impose unique requirements on local governments. All employers—state, local and private—will be required to comply with the prescribed standard.
EFFECT ON SMALL BUSINESSES
The Board has determined that the proposed amendments may affect small businesses. However, no economic impact is anticipated.
ASSESSMENT
The adoption of the proposed amendments to the standards will neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.
REASONABLE ALTERNATIVES CONSIDERED
Our Board must determine that no reasonable alternative considered by the Board or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the auction is proposed or would be as effective and less burdensome to affected private persons than the proposed action.
2. / TITLE 8: / GENERAL INDUSTRY SAFETY ORDERSChapter 4, Subchapter 7, Article 98
Section 5004
Chapter 4, Subchapter 7, Article 101
Section 5047
SHIP BUILDING, SHIP REPAIRING AND SHIP BREAKING SAFETY ORDERS
Chapter 4, Subchapter 18, Article 6
Section 8379
Use of Personnel Suspended Platforms from Crane or Derrick
INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW
This rulemaking proposal is the result of a Division of Occupational Safety and Health (Division) Request for New, or Change In Existing Safety Order (Form 9-040), in which the Division proposes amendments to General Industry Safety Orders (GISO), Sections 5004 and 5047 and Section 8397 of the Ship Building, Ship Repairing and Ship Breaking Safety Orders (SSSSO) with regard to the use of fiber rope or synthetic web slings.
The Division’s proposal is based on the American National Standards Institute (ANSI) and the American Society of Mechanical Engineers (ASME) standard. ANSI/ASME B30.23-1998 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks and Slings Personnel Lifting Systems prohibits the use of synthetic webbing, natural, or synthetic fiber rope slings. The ANSI/ASME B30.23 standard represents an industry consensus and an engineering standard.