reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 2 - Administration › Section 7652.5.

7652.5. Notwithstanding any other provision of the law, a certified inspector employed by an insurer or by an employer for the purpose of inspecting only tanks and boilers under his jurisdiction need not be a citizen or an elector.
(Added by Stats. 1957, Ch. 1347.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 2 - Administration › Section 7654.

7654. Where serious conditions are found by certified inspectors that would jeopardize the life, limb, or safety of employees, the reports of inspection shall be made forthwith to the division by telegraph or telephone within twenty-four hours.
Within twenty-one days after each routine inspection, every certified inspector shall forward a report of his inspection, on prescribed forms, to the division. His certificate of competency may be suspended or revoked by the division for failure to comply with this section.
(Amended by Stats. 1949, Ch. 1530.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 2 - Administration › Section 7655.

7655. The division shall prepare and adopt regulations in accordance with the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, designed to promote safety with respect to the installation and operation of vendor facilities for the storage and pumping of compressed or liquefied natural gas and liquefied petroleum gas into vehicles.
(Amended by Stats. 1983, Ch. 142, Sec. 119.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7680.

7680. No tank or boiler shall be operated unless a permit for its operation has been issued by or in behalf of the division.
(Amended by Stats. 1976, Ch. 467.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7681.

7681. (a) The division shall inspect or cause to be inspected each installed tank at least every five years, except for any tank specified in subdivision (b).
(b) Any air pressure tank which contains 25 cubic feet or less and is not subject to pressure of more than 150 pounds per square inch and any liquefied petroleum gas tank used for storage, except a tank used for dispensing purposes as part of a dispensing unit, which contains 575 gallons or less shall be inspected or caused to be inspected by the division when the tank is initially placed into service if the tank is constructed, inspected and stamped in compliance with the American Society of Mechanical Engineers (ASME) Code, or the design, material, and construction of the tank is approved by the division as equivalent to the ASME Code.
(c) “Dispensing unit,” as used in this section, means a stationary liquefied petroleum gas installation, other than a bulk plant, from which a product is dispensed, for final utilization, into mobile fuel tanks or portable cylinders.
(Amended by Stats. 1987, Ch. 1216, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7682.

7682. The division shall inspect or cause to be inspected each installed fired boiler internally and externally at least every year, except that the division may grant extensions to permit the interval between internal inspections to be increased to a maximum interval of 36 months where operating experience and design of the boiler has demonstrated to the satisfaction of the division that equivalent safety will be maintained.
For other classes of boilers, the division shall establish internal inspection intervals which will ensure the safety of people working in the vicinity of the boiler. In determining the intervals, the division shall consider such factors as the design and construction of the boilers and the conditions under which they operate.
External inspection shall be made of all boilers at the time of the internal inspection and at any other intervals as are deemed necessary by the division acting through qualified safety engineers and certified inspectors.
(Amended by Stats. 1988, Ch. 684, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7683.

7683. (a) If a tank or boiler is found to be in a safe condition for operation, a permit shall be issued by or on behalf of the division for its operation.
(b) In the case of a tank, the permit shall continue in effect for not longer than five years, except for any tank specified in subdivision (b) of Section 7681.
(c) In the case of a tank specified in subdivision (b) of Section 7681, the permit shall remain in effect as long as the tank is in compliance with applicable provisions of this part and regulations contained in Title 8 of the California Administrative Code. A new inspection and permit for operation shall be required whenever there is a change in ownership and permanent location of the tank or there is an alteration or change in the tank which affects the tank’s safety.
This subdivision applies to any permit in effect on the effective date of this subdivision as well as to any permit issued after such date. Notwithstanding any other provision of law, an insurer is not liable for any permit issued prior to the effective date of this subdivision for any tank specified in subdivision (b) of Section 7681 for any period of time exceeding the period for which the last permit was issued.
(d) In the case of a boiler, the permit shall continue in effect for a period which is not longer than one year.
(Amended by Stats. 1980, Ch. 1279.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7684.

7684. Each permit or a clear reproduced copy thereof shall be posted in a protective container in a conspicuous place on or near the tank or boiler covered by it.
(Amended by Stats. 1985, Ch. 413, Sec. 2.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7685.

7685. The division may issue and renew temporary permits for not to exceed 30 days each, pending the making of replacements or repairs.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7686.

7686. Upon good cause being shown therefor, and after notice and an opportunity to be heard, the division may revoke any permit.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7687.

7687. If the inspection shows a tank or boiler to be in an unsafe or dangerous condition, the division may issue a preliminary order requiring such repairs or alterations to be made to it as are necessary to render it safe, and may order its use discontinued until the repairs or alterations are made or the dangerous or unsafe condition is remedied.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7688.

7688. Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in charge of the tank or boiler may appear and show cause why he should not comply with the order.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7689.

7689. If it thereafter appears to the division that the tank or boiler is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make the tank or boiler safe, the division may order or confirm the withholding of the permit and may make such requirements as it deems proper for the repair or alteration of the tank or boiler, or the correction of the dangerous and unsafe conditions.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7690.

7690. The order may be reheard by the division, or reviewed by the courts, in the manner specified by this code for safety orders, and not otherwise.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7691.

7691. If the operation of a tank or boiler constitutes a serious menace to the life or safety of any person employed about it, the division or any of its safety engineers or any person affected thereby, may apply to the superior court of the county in which the tank or boiler is situated for an injunction restraining its operation until the condition has been corrected.
(Amended by Stats. 1949, Ch. 1530.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 3 - Operation of Tanks and Boilers › Section 7692.

7692. The certification of the division that no valid permit exists for the operation of a tank or boiler, and the affidavit of any safety engineer of the division that its operation constitutes a menace to the life or safety of any person employed about it, is sufficient proof to warrant the immediate granting of a temporary restraining order.
(Amended by Stats. 1949, Ch. 1530.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 4 - Inspection Fees › Section 7720.

7720. The division shall not charge an inspection fee where an inspection is made by a certified inspector if the inspection has been made and reports have been submitted within the time limits specified in this part.
(Amended by Stats. 2016, Ch. 31, Sec. 220. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 4 - Inspection Fees › Section 7721.

7721. (a) The division shall fix and collect fees for the shop, field, and resale inspection of tanks and boilers and for consultations, surveys, audits, and other activities required or related to national standards concerning the design or construction of boilers or pressure vessels or for evaluating fabricator’s plant facilities when these services are requested of the division by entities desiring these services. The division shall fix and collect the fees for the inspection of pressure vessels by a division safety engineer. The division may charge an additional fee for necessary subsequent inspections to determine if applicable safety orders have been complied with.
(b) The division shall charge a fee for processing a permit.
(c) The division shall fix and collect fees for field consultations regarding pressure vessels.
(d) Whenever a person owning or having the custody, management, or operation of a pressure vessel fails to pay the fees required under this chapter within 60 days after notification, he or she shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of the fee.
(e) Any fees required pursuant to this section shall be in amounts sufficient to cover the direct and indirect costs of the division for administering this part and shall be adopted as emergency regulations. These emergency regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the provisions of the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These regulations shall become effective immediately upon filing with the Secretary of State.
(Amended by Stats. 2016, Ch. 31, Sec. 221. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 4 - Inspection Fees › Section 7722.

7722. (a) The fees collected under this part shall be paid into the Pressure Vessel Account, which is hereby created, to be used for the administration of the division pressure vessel safety program.
(b) The division shall establish criteria upon which fee charges are based and prepare an annual report concerning revenues obtained and expenditures appropriated for the pressure vessel safety program. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, and the Department of Finance.
(Amended by Stats. 2016, Ch. 31, Sec. 222. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 4 - Inspection Fees › Section 7725.

7725. As used in this chapter, the following terms shall have the meaning therein given them.
(a) “Small tank” shall mean any tank 1,200 gallons water capacity or less.
(b) “Large tank” shall mean any tank of more than 1,200 gallons water capacity.
(c) “Shop inspection” shall mean the inspection and testing of tanks or boilers, manufactured, or in the process of manufacture, repair, or alteration, in the manufacturer’s shops, or at the jobsite, in accordance with the applicable rules of the respective codes under which they are manufactured.
(d) “Field inspection” shall mean the inspection and testing of installed tanks or boilers or both tanks and boilers, regardless of location.
(e) “Resale inspection” shall mean the inspection of boilers or tanks in the possession of a dealer or vendor at the request of a user who contemplates the purchase thereof.
(Amended by Stats. 1976, Ch. 467.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 4 - Inspection Fees › Section 7728.

7728. Whenever an owner or user of any apparatus or equipment fails to pay the fees required under this chapter within 60 days after notification, said owner or user shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of such fee. For the purposes of this section, the date of the invoice shall be considered the date of notification.
(Added by Stats. 1965, Ch. 1191.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 5 - Offenses › Section 7750.

7750. Except during the time that a request for a permit remains unacted upon, every person owning or having the custody, management, or operation of a tank or boiler who operates it without a permit issued pursuant to this part is guilty of a misdemeanor.
The operation of a tank or boiler without a permit constitutes a separate offense for each day that it is so operated.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 6 - Mismanagement of Steam Boilers › Section 7770.

7770. Every engineer or other person having charge of any steam-boiler, steam-engine, or other apparatus for generating or employing steam, used in any manufactory, railway, or other mechanical works, who wilfully, or from ignorance or from gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby human life is endangered, is guilty of a felony.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 6 - Mismanagement of Steam Boilers › Section 7771.

7771. Every person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, used in any manufactory, railroad, vessel, or other mechanical works, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is caused, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
(Amended by Stats. 2011, Ch. 15, Sec. 223. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7 - VOLATILE FLAMMABLE LIQUIDS › Section 7800.

7800. “Volatile flammable liquids” as used in this part means any petroleum or liquid product of petroleum or natural gas having a flash point below 100 degrees Fahrenheit, and includes any petroleum or liquid product of petroleum or natural gas while at a temperature above its flash point. Flash points shall be as determined by means of the Tag Closed Tester, Designation D56-36 American Society for Testing Materials, or the Pensky-Martens Closed Tester, Designation D93-42 American Society for Testing Materials.
(Added by Stats. 1953, Ch. 922.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7 - VOLATILE FLAMMABLE LIQUIDS › Section 7801.

7801. “Occupational Safety and Health Standards Board” as used in this part means the Occupational Safety and Health Standards Board of the Division of Occupational Safety and Health, Department of Industrial Relations, State of California.
(Amended by Stats. 1980, Ch. 676.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7 - VOLATILE FLAMMABLE LIQUIDS › Section 7803.

7803. Every employer who engages in any business requiring any employee to handle or use any volatile flammable liquid or to work in the close proximity of any such liquid in sufficient quantity and under conditions affording opportunity for the person or clothing becoming ignited shall provide adequate means of extinguishment whereby such employee may extinguish flames on his person or clothing.
(Added by Stats. 1953, Ch. 922.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 1 - General › Section 7850.

7850. This part shall be known and cited as the California Refinery and Chemical Plant Worker Safety Act of 1990.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 1 - General › Section 7851.

7851. The Legislature finds and declares that because of the potentially hazardous nature of handling large quantities of chemicals and recent disasters involving chemical handling in other states, a greater state effort is required to assure worker safety. The Legislature also recognizes that a key element for assuring workplace safety is adequate employee training. The potential consequences of explosions, fires, and releases of dangerous chemicals may be catastrophic; thus immediate and comprehensive government action must be taken to ensure that workers in petroleum refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 1 - General › Section 7852.

7852. (a) It is the intent of the Legislature, in enacting this part, that the Occupational Safety and Health Standards Board and the Division of Occupational Health and Safety (OSHA) promote worker safety through implementation of training and process safety management practices in petroleum refineries and chemical plants and other facilities deemed appropriate.
(b) To the maximum extent practicable, the board and the division shall minimize duplications with other state statutory programs and business reporting requirements when developing standards pursuant to Chapter 2 (commencing with Section 7855).
(c) It is further the intent of the Legislature, in enacting this part, that in the interest of promoting worker safety, standards be adopted by March 31, 2014.
(Amended by Stats. 2013, Ch. 28, Sec. 42. (SB 71) Effective June 27, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 1 - General › Section 7853.

7853. For the purposes of this part, “process safety management” means the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. Process safety management is intended to prevent or minimize the consequences of catastrophic releases of acutely hazardous, flammable, or explosive chemicals.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7855.

7855. The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment of process safety management standards are intended to eliminate, to a substantial degree, the risks to which workers are exposed in petroleum refineries, chemical plants, and other related manufacturing facilities.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7856.

7856. By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle regulated substances as defined in subdivision (i) of Section 25532 of the Health and Safety Code and pose a significant likelihood of accident risk, as determined by the board. Alternately, upon making a finding that there is a significant likelihood of risk to employees at a facility not included in Codes 28 and 29 resulting from the presence of acutely hazardous materials or explosives as identified in Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations, the board may require that these facilities be subject to the jurisdiction of the standards provided for in this section. When adopting these standards, the board shall give priority to facilities and areas of facilities where the potential is greatest for preventing severe or catastrophic accidents because of the size or nature of the process or business. The standards adopted pursuant to this section shall require that injury prevention programs of employers subject to this part and implemented pursuant to Section 6401.7 include the requirements of this part.
(Amended by Stats. 2021, Ch. 115, Sec. 62. (AB 148) Effective July 22, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7857.

7857. The process safety management standards shall include provisions dealing with the items prescribed by Sections 7858 to 7868, inclusive, of this chapter.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7858.

7858. The employer shall develop and maintain a compilation of written safety information to enable the employer and the employees operating the process to identify and understand the hazards posed by processes involving acutely hazardous and flammable material. The employer shall provide for employee participation in this process. This safety information shall be communicated to employees involved in the processes, and shall include information pertaining to hazards of acutely hazardous and flammable materials used in the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. A copy of this information and communication shall be accessible to all workers who perform any duties in or near the process area.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7859.

7859. The employer shall perform a hazard analysis for identifying, evaluating, and controlling hazards involved in the process. The employer shall provide for the participation of knowledgeable operating employees in these analyses. The final report containing the results of the hazardous analysis for each process shall be available, in the respective work area, for review by any person working in that area. Upon request of any worker or any labor union representative of any worker in the area, the employer shall provide or make available a copy of any risk management prevention program prepared for that facility pursuant to Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code. The board, when adopting a standard or standards pertaining to this section, may authorize employers to submit risk management prevention programs prepared pursuant to Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code to satisfy related requirements in whole or in part.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7860.

7860. (a) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each process consistent with the process safety information.
(b) A copy of the operating procedures shall be readily accessible to employees or to any other person who works in or near the process area.
(c) The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7861.

7861. (a) Each employee whose primary duties include the operating or maintenance of a process, and each employee prior to assuming operations and maintenance duties in a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in Section 7860. The training shall include emphasis on the specific safety and health hazards, procedures, and safe practices applicable to the employee’s job tasks.
(b) Refresher and supplemental training shall be provided to each operating or maintenance employee, or both, and other worker necessary to ensure safe operation of the facility and on a recurring regular schedule as determined adequate by the board.
(c) The employer shall ensure that each worker necessary to ensure safe operation of the facility has received and successfully completed training as specified by this section. The employer, after the initial or refresher training shall prepare a certification record which contains the identity of the employee, the date of training, and the signature of the person conducting the training. Testing procedures shall be established by each employer to ensure competency in job skill levels and safe and healthy work practices.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7862.

7862. (a) The employer shall inform contractors performing work on, or near, a process of the known potential fire, explosion, or toxic release hazards related to the contractor’s work and the process, and require that contractors have trained their employees to a level adequate to safely perform their job. The employer shall also inform contractors of any applicable safety rules of the facility, and assure that the contractors have so informed their employees.
(b) The employer shall explain to contractors the applicable provisions of the emergency action plan required by Section 7868.
(c) Contractors shall assure that their employees have received training to safely perform their jobs and that these employees will adhere to all applicable work practices and safety rules of the facility.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7863.

7863. The employer shall perform a prestartup safety review for new facilities and for modified facilities for which the modification necessitates a change in the process safety information. These reviews shall include knowledgeable operating employees.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7864.

7864. The employer shall establish and implement written procedures and inspection and testing programs to maintain the ongoing integrity of process equipment. These programs shall include a process for allowing employees to identify and report potentially faulty or unsafe equipment, and to record their observations and suggestions in writing. The employer shall respond regarding the disposition of the employee’s concerns contained in the reports in a timely manner.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7865.

7865. The employer shall develop and implement a written procedure governing the issuance of “hot work” permits. “Hot work” includes electric or gas welding, cutting, brazing, or similar flame- or spark-producing operations.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7866.

7866. The employer shall establish and implement written procedures to manage changes, except for replacements in kind, to process chemicals, technology, and equipment, and to make changes to facilities.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7867.

7867. The employer shall establish a written procedure for investigating every incident which results in, or, as determined by board criteria, could reasonably have resulted in, a major accident in the workplace. The procedure shall, at a minimum, require that a written report be prepared and be provided to all employees whose work assignments are within the facility where the incident occurred at the time the incident occurred and shall also include establishing a method for dealing with findings and recommendations.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7868.

7868. The employer shall establish and implement an emergency action plan. The employer may use the business plan for emergency response submitted pursuant to subdivision (a) of Section 25503.5 and subdivision (b) of Section 25505 of the Health and Safety Code if it meets the standards adopted by the board.
(Added by Stats. 1990, Ch. 1632, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 7.5 - REFINERY AND CHEMICAL PLANTS › CHAPTER 2 - Process Safety Management Standards › Section 7870.

7870. Notwithstanding the availability of federal funds to carry out the purposes of this part, the division shall annually fix and collect reasonable fees for consultation, inspection, adoption of standards, and other duties conducted pursuant to this part. The fees shall be adopted by March 31, 2014. All revenue collected from these fees shall be deposited into the Occupational Safety and Health Fund. The fees shall be sufficient to support, at a minimum, the annual cost of 15 positions. The expenditure of these funds shall be subject to appropriation by the Legislature in the annual Budget Act or other measure.
(Amended by Stats. 2013, Ch. 28, Sec. 44. (SB 71) Effective June 27, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7901.

7901. As used in this part:
(a) “Amusement ride” means a mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. “Amusement ride” includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances which operate directly on the ground or on the surface or pavement directly on the ground or the operation of amusement devices of a permanent nature. The division shall determine the specific devices which are amusement rides for the purposes of this part. This determination shall be made to apply equally to all operators of similar or identical rides and shall be made pursuant to a procedure promulgated by the standards board.
(b) “Operator” or “owner” means a person who owns or controls or has the duty to control the operation of an amusement ride. It includes the state and every state agency, and each county, city, district, and all public and quasi-public corporations and public agencies therein.
(c) “Permit” means a document issued by the division which indicates that an inspection of the ride has been performed pursuant to rules and regulations adopted by the division.
(Amended by Stats. 1992, Ch. 520, Sec. 1. Effective January 1, 1993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7902.

7902. The division shall promulgate and formulate rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe installation, repair, maintenance, use, operation, and inspection of all amusement rides as the division finds necessary for the protection of the general public using amusement rides. The rules and regulations shall be in addition to the existing applicable safety orders and will be concerned with engineering force stresses, safety devices, and preventative maintenance. Nothing in this chapter shall limit the authority of the division to prescribe or enforce general or special safety orders.
(Amended by Stats. 1983, Ch. 705, Sec. 2.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7903.

7903. The division or a public entity shall not issue the original certificate of inspection for an amusement ride until it receives certification in writing by an engineer qualified under the Civil and Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) that such amusement ride meets the requirements established by the division for amusement rides.
(Added by Stats. 1968, Ch. 1113.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7904.

7904. (a) The division shall fix and collect all fees necessary to cover the cost of administering this part. Fees shall be charged to a person or entity receiving the division’s services as provided by this part, as set out in regulations adopted pursuant to this part, including, but not limited to, approvals, determinations, permits, investigations, inspections and reinspections, certifications and recertifications, receipt and review of certificates, and reports and inspections. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part. All fees collected by the division under this section shall be deposited into the Occupational Safety and Health Fund to support the division’s portable amusement ride inspection program.
(b) Any fees required pursuant to this section shall be set forth in regulations. For the 2016–17 fiscal year, those regulations shall be adopted as emergency regulations. These emergency regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the rulemaking provisions of the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These emergency regulations shall become effective immediately upon filing with the Secretary of State.
(c) The division shall annually prepare and post on its Internet Web site a report summarizing all inspections of amusement rides and accidents occurring on amusement rides. This report may contain route location information submitted to the division by permit applicants.
(Amended by Stats. 2016, Ch. 31, Sec. 223. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7905.

7905. The division may hire inspectors to inspect amusement rides. The division shall cause the inspection provided by this part to be made by its safety inspectors, or by a qualified inspector who is approved by the division and employed by an insurance company or a public entity.
(Amended by Stats. 1983, Ch. 705, Sec. 5.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7906.

7906. No person shall operate an amusement ride without a permit issued by the division or a public entity. On or before March 1 of each year an operator shall apply for a permit to the division or a public entity on a form furnished by the division and containing such information as the division may require. Each application shall specifically include a route list for the ride for the permit year, which shall include the name of each town or city, street location, and dates of operation of the ride at each location. A route list may be revised at any time, but a ride may not be operated at a particular location unless notification of the revision has been given previously to the division or public entity issuing the permit.
All amusement rides shall be inspected before they are originally put into operation for the public’s use and thereafter at least once every year, unless authorized to operate on a temporary permit. Amusement rides may also be inspected each time they are disassembled and reassembled.
(Amended by Stats. 1983, Ch. 705, Sec. 6.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7907.

7907. If, after inspection, an amusement ride is found to comply with the rules and regulations of the division, the division or a public entity shall issue a permit to operate.
(Added by Stats. 1968, Ch. 1113.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7908.

7908. Before a new amusement ride is erected, or whenever any additions or alterations are made which change the structure, mechanism, classification, or capacity of any amusement ride, the operator shall file with the division or a public entity a notice of his intention and any plans or diagrams requested by the division.
(Added by Stats. 1968, Ch. 1113.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7909.

7909. The division may order cessation of operation of an amusement ride and permit revocation if it has been determined after inspection to be hazardous or unsafe. Operation shall not resume until such conditions are corrected to the satisfaction of the division
(Amended by Stats. 1983, Ch. 705, Sec. 7.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7910.

7910. This part shall not be construed to prevent the use of any existing installation which upon inspection is found to be in a safe condition and in conformance with the rules and regulations of the division.
(Added by Stats. 1968, Ch. 1113.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7911.

7911. If there are practical difficulties or unnecessary hardships for an operator to comply with the rules and regulations under this part, the division may modify the application of such rules or regulations if the spirit of the rules and regulations shall be observed and the public safety is secure. Any operator may make a written request to the division stating his grounds and applying for such modification. Any authorization by the division shall be in writing and shall describe the conditions under which the modifications are permitted. A record of all modifications shall be kept in the division and open to the public.
(Added by Stats. 1968, Ch. 1113.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7912.

7912. No person shall operate an amusement ride unless there is in existence and on file with the division a policy of insurance, issued by a company licensed by the Department of Insurance to do business in the state, or by a nonadmitted insurer employed by a surplus lines broker licensed by the Department of Insurance, in an amount of not less than five hundred thousand dollars ($500,000) until January 1, 2009, and, effective on and after January 1, 2009, one million dollars ($1,000,000) per occurrence insuring the owner or operator against liability for injury suffered by persons riding the amusement ride.
(Amended by Stats. 2007, Ch. 478, Sec. 1. Effective January 1, 2008.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7913.

7913. Nothing contained in this part shall prevent cities, counties, and cities and counties from regulating carnivals or amusement rides, nor prevent them from enacting legislation more restrictive than this part with respect to carnivals or amusement rides.
(Added by Stats. 1968, Ch. 1113.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7914.

7914. (a) An operator of an amusement ride shall report or cause to be reported to the division immediately by telephone each known incident where the maintenance, operation, or use of the amusement ride results in any of the following:
(1) A fatality.
(2) A loss of consciousness or other injury to a person which requires medical service other than ordinary first aid treatment.
(3) Major mechanical failure. For purposes of this section, “major mechanical failure” means the stoppage of operation resulting from or in a structural failure, a mechanical or electrical failure of a drive or control system component, or a failure of a restraint system that significantly compromises ride safety. “Major mechanical failure” does not include a foreseeable malfunction that activates a safety system.
(4) A patron falling from a moving ride or from a ride that has temporarily stopped in an elevated position.
(b) If a fatality, reportable injury, or major mechanical failure, as defined in subdivision (a),is caused by the failure, malfunction, or operation of an amusement ride, the equipment or conditions that caused the accident shall be preserved for the purpose of investigation by the division.
(c) In addition to the report by telephone required under subdivision (a), an operator of an amusement ride shall submit a written accident report to the division within 24 hours of an incident on a form designated by the division.
(d) A division inspector may inspect an amusement ride upon receipt of the report of an incident.
(e) Whenever a state, county, or local fire or police agency is called to an accident involving an amusement ride covered by this part in which a serious injury or illness, or death occurs, the nearest office of the division shall be notified by telephone immediately by the responding agency.
(Amended by Stats. 2007, Ch. 478, Sec. 2. Effective January 1, 2008.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7915.

7915. (a) Any owner or operator of any amusement ride who fails to comply with any provision of this part or any rule, regulation, or safety order adopted pursuant to this part shall be guilty of a misdemeanor.
(b) Whenever an owner or operator of any amusement ride fails to pay any fee required under Section 7904 within 60 days after notification, the owner or operator shall pay, in addition to the fee required, a penalty fee equal to 100 percent of the required fee. For purposes of this section, the date of the invoice shall be considered the date of notification.
(c) The division shall not issue any permit to any owner or operator of any amusement ride who fails to pay any fee until the fee is paid.
(Amended by Stats. 2007, Ch. 478, Sec. 3. Effective January 1, 2008.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 8 - AMUSEMENT RIDES SAFETY LAW › Section 7916.

7916. (a) An owner of an amusement ride shall provide training for its employees in the safe operation and maintenance of amusement rides, as required by Sections 4, 6, 7, and 8 of ASTM F770-06, Standard Practice for Ownership and Operation of Amusement Rides and Devices, adopted by the American Society for Testing and Materials, as amended or as may be amended from time to time and as the division deems appropriate, and the injury prevention program required under Section 6401.7.
(b) The owner of an amusement ride shall maintain all of the records necessary to demonstrate that the requirements of subdivision (a) have been met, including employee training records and maintenance, repair, inspection, and injury and illness records for each amusement ride, as specified in ASTM F770-06 referenced in subdivision (a). On and after January 1, 2009, the owner of an amusement ride shall make the records available to a division inspector upon request.
(Added by Stats. 2007, Ch. 478, Sec. 4. Effective January 1, 2008.)