reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 7 - Blaster's License › Section 344.22 - Suspension or Revocation-Blaster's License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division may suspend or revoke a
					 blaster's license when in the opinion of the Division;
(1) There is a question or doubt as to the
					 competency of the blaster, or
(2)
					 The blaster has not complied with requirements, safety orders, or rules of the
					 Division.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 9 - Correctional Industries › Section 344.40 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Complaint. As
					 used in this article, the term complaint shall refer to any written allegation
					 of unsafe or unhealthful working conditions at the place of employment of a
					 state prisoner working in a correctional industry. The Cal/OSHA form 7 may be
					 used as a complaint form, but shall not be required.
(b) Committee. As used in this article, the
					 term committee shall refer to the correctional industry safety committee
					 established in accordance with Department of Corrections administrative
					 procedures at each Department of Corrections facility maintaining a
					 correctional industry.
(c)
					 Committee Notice. A committee notice is a written notice suggesting the
					 institution take specific corrective measures and setting forth an appropriate
					 abatement date. The notice shall be served upon the Department of Corrections
					 employee having supervisory responsibility over the unsafe or unhealthful
					 condition. Copies of the notice shall be served upon the warden or
					 superintendent of the institution and upon the complainant. Further, a copy of
					 the notice shall be posted by the committee at a location where employees
					 exposed to the unsafe or unhealthful condition will be likely to see it. Such
					 posting shall be for a period of 15 days or until the unsafe condition is
					 corrected, whichever is longer.
(d)
					 Filing a complaint. A complaint is deemed filed for purposes of this article
					 upon either being deposited in a readily accessible complaint box or being
					 personally presented to any member of the committee.
1. New
						Article 9 (Sections
						344.40-344.46) filed 7-9-80;
						effective thirtieth day thereafter (Register 80, No.
						28).
Note: Authority cited: Section
						  6304.3, Labor
						  Code. Reference: Sections
						  6304.2,
						  6304.3,
						  6313 and
						  6413.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 9 - Correctional Industries › Section 344.41 - Complaint Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any state prisoner working in a correctional industry may file with the
					 committee, a complaint alleging unsafe or unhealthful working conditions at
					 her/his place of employment.
(b)
					 The committee shall provide correctional industry employees with an expedient
					 means of transmitting complaints to the committee. All cor rectional industry
					 employees shall be informed by posted notice of the manner available to them
					 for filing a complaint.
Note: Authority cited: Section
						  6304.3, Labor
						  Code. Reference: Sections
						  6304.2,
						  6304.3,
						  6313 and
						  6413.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 9 - Correctional Industries › Section 344.42 - Operation of the Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The committee shall meet as often as
					 necessary but at least every 60 days to discuss health and safety issues
					 relating to employees of correctional industries and to hear and act upon
					 health and safety complaints filed by correctional industry
					 employees.
(b) The committee shall
					 review and take appropriate action on every complaint within 15 calendar days
					 of its filing.
(c) The committee
					 shall take one of the following actions on each complaint:
(1) Issue a notice recommending specific
					 corrective measures in the manner set forth in Section
					 344.40 above. In addition, the
					 committee shall inform the complainant in writing of his/her right to have the
					 committee forward the original complaint and the notice for correction to the
					 Division of Occupational Safety and Health for review if the complainant
					 believes that the notice is insufficient to make the conditions safe or
					 healthful or if the Department of Corrections refuses or fails to comply with
					 the notice.
(2) Refer the complaint
					 to the appropriate district office of the Division of Occupational Safety and
					 Health for review. Such referral shall be made whenever the committee is
					 unable, for any reason, to resolve the issues raised by the complaint within 15
					 days from the date of filing. Such referral shall be in writing and shall be
					 made by the 15th calendar day from the day of filing. The complainant, if known
					 to the committee, shall immediately be informed in writing of the
					 referral.
(3) Dismiss the complaint
					 for lack of merit. Unless the complainant is anonymous the committee shall set
					 forth its reasons for dismissal in writing to the complainant. Said writing
					 shall also inform the complainant of his/her right to require the committee to
					 have the initial complaint and the committee finding reviewed by the Division
					 in the event that the complainant finds the conclusions of the committee to be
					 unsatisfactory for any reason.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 9 - Correctional Industries › Section 344.43 - Duties of the Department of Corrections and the Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Neither the Department of Corrections nor
					 the correctional industry safety committee shall in any way abridge the right
					 of correctional industry employees to file complaints pursuant to this article
					 or to require referral of the complaints to the Division of Occupational Safety
					 and Health.
Note: Authority cited: Section
						  6304.3, Labor
						  Code. Reference: Sections
						  6304.2,
						  6304.2,
						  6313 and
						  6413.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 9 - Correctional Industries › Section 344.44 - Division Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a complaint from the
					 committee, which it determines to constitute a bona fide allegation of a safety
					 or health violation, the Division shall investigate within 3 working days after
					 receipt if the complaint alleges a serious violation, and not later than 14
					 calendar days after receipt if the complaint alleges a general violation. The
					 Division may give advance notice of an inspection or investigation and may
					 postpone the same if such action is necessary for the maintenance of security
					 at the facility where the inspection or investigation is to be held, or for
					 ensuring the safety and health of the Division's representative who will be
					 conducting the inspection or investigation.
(b) In addition to the investigations
					 required under subsection (a) above, the Division shall investigate every
					 fatality and every employment accident involving serious injury to five or more
					 correctional industry employees. The Division may in its discretion investigate
					 any other accident or report of a safety or health violation involving
					 correctional industry employees which are reported to it.
Note: Authority cited: Section
						  6304.3, Labor
						  Code. Reference: Sections
						  6304.2,
						  6304.2,
						  6313 and
						  6413.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 9 - Correctional Industries › Section 344.45 - Other Duties of the Correctional Industry Safety Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The committee shall retain each complaint
					 or a copy thereof and a record of all action taken pursuant to that complaint
					 for a period of 3 years from the date that all issues with respect to the
					 complaint have been resolved. Such records shall be made available to the
					 Division.
Note: Authority cited: Section
						  6304.3, Labor
						  Code. Reference: Sections
						  6304.2,
						  6304.2,
						  6313 and
						  6413.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 9 - Correctional Industries › Section 344.46 - Other Division Jurisdiction over Unsafe Conditions Pertaining to State Prisoners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the Division receives information, pursuant to Labor Code Section
					 6314, about
					 injury or death of a state prisoner resulting from labor performed by the
					 prisoner, the Division may make recommendations to the Department of
					 Corrections, with or without conducting an inspection, of ways in which
					 corrections might improve the safety of the working conditions and work areas
					 of state prisoners and other safety matters.
(b) If the Department of Corrections fails to
					 comply with the recommendations described in subsection (a) above, or in any
					 other case in which the Division deems the safety of any state prisoner shall
					 require it, the Division may conduct hearings and after such hearings may adopt
					 such special orders, rules, or regulations, or otherwise proceed as authorized
					 in Chapter 1 (commencing with Section
					 6300 of Division 5 Part 1 of the
					 Labor Code) as it deems necessary. The Department of Corrections shall comply
					 with any such order, rule, or regulations so adopted by the Division.
Note: Authority cited: Section
						  6304.3, Labor
						  Code. Reference: Sections
						  6304.2,
						  6304.3,
						  6313 and
						  6413.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 10 - Civil and Criminal Enforcement Policy of the Division of Occupational Safety and Health › Section 344.50 - Civil Inspections and Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Compliance personnel of the Division are responsible for
						conducting inspections and investigations under the California Occupational
						Safety and Health Act for the purpose of invoking civil enforcement remedies
						only. If hazardous or violative conditions are found, the civil enforcement
						remedies which can be utilized include, but are not limited to, the issuance of
						citations and civil penalties, special orders, orders to take special action,
						the initiation of injunction proceedings, issuance of orders prohibiting use,
						and the revocation or suspension of permits. Division compliance personnel have
						no authority to initiate criminal proceedings.
1. New
						Article 10 (Sections
						344.50-344.53) filed 7-9-80;
						effective thirtieth day thereafter (Register 80, No.
						28).
Note: Authority cited: Sections
						  6308,
						  6314 and
						  6315, Labor
						  Code. Reference: Sections
						  6314 and
						  6315, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 10 - Civil and Criminal Enforcement Policy of the Division of Occupational Safety and Health › Section 344.51 - Criminal Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The central function of the Bureau of Investigations,
						within the Division of Occupational Safety and Health, is to conduct criminal
						investigations. The Bureau must investigate accidents involving violations of a
						standard, order, or special order, or section
						25910
						of the Health and Safety Code in which there is a serious injury to five or
						more employees, death, or request for prosecution by a Division representative.
						The Bureau of Investigations is the only entity within the Division which is
						empowered to conduct criminal investigations and to refer the results of such
						investigations when appropriate to a city attorney or district attorney for
						necessary action. The Bureau must analyze the circumstances surrounding the
						violation to determine whether the conduct is sufficiently aggravated to fall
						within the scope of Labor Code sections
						6423,
						6425 and other
						penal statutes.
1.
						Editorial correction of Health and Safety section cited in text (Register 91,
						No. 23).
Note: Authority cited: Sections
						  6308,
						  6314 and
						  6315, Labor
						  Code. Reference: Sections
						  6315 and
						  6314, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 10 - Civil and Criminal Enforcement Policy of the Division of Occupational Safety and Health › Section 344.52 - Referral of Cases Other than Accident Cases by Compliance Personnel to the Bureau of Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If Division compliance personnel become aware that there
						are conditions which may constitute criminal violations, the case must be
						referred trough the Regional Manager/Supervising Industrial Hygienist, with a
						copy to the appropriate Deputy, to the respective Northern or Southern Office
						of the Bureau of Investigations. In cases referred for investigation the
						Supervising Special Investigator will assign the case to a Special investigator
						for investigation. The investigator will review the facts of the case,
						interview witnesses, and otherwise, conduct a thorough investigation. The
						assigned investigator shall prepare a report to the Supervising Special
						Investigator which shall include a summary of evidence, findings, and
						recommendations for appropriate action.
Note: Authority cited: Sections
						  6308,
						  6314,
						  6315, Labor
						  Code. Reference: Sections
						  6315,
						  6314, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 10 - Civil and Criminal Enforcement Policy of the Division of Occupational Safety and Health › Section 344.53 - Nonreferral of Other than Willful or Repeated Violations in the Context of Scheduled Inspections by Compliance Personnel to the Bureau of Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Division conducts a scheduled inspection
						according to a general administrative plan in contrast to an accident,
						complaint, or follow-up investigation, Division compliance personnel shall
						invoke only the civil enforcement remedies as set forth in Section
						344.50 unless the violation is
						characterized as willful or repeated. This section shall not limit he
						Division's prerogative to enforce Labor Code Section
						6326.
Note: Authority cited: Sections
						  6308,
						  6314,
						  6315, Labor
						  Code. Reference: Sections
						  6315,
						  6314, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 11 - License Requirements-Crane and Derrick Certification › Section 344.60 - Licensing of Certifiers of Cranes and Derricks-Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person engaging in the testing,
					 examination and/or certification of cranes, including but not limited to tower
					 cranes, or derricks, used in lifting service exceeding three tons rated
					 capacity, as defined in section
					 4885 of title 8 of the California
					 Code of Regulations, as required pursuant to Labor Code section
					 7375 and
					 sections 5020 through
					 5025 of title 8 of the California
					 Code of Regulations shall apply for and obtain a license from the Division
					 pursuant to this article or be approved by the Division to work as a surveyor
					 under a license issued pursuant to this article prior to engaging in such
					 activities.
(1) For the purposes of this
					 article a "licensed certifier" refers to any individual or agency holding a
					 license pursuant to this article.
(2) For the purposes of this article
					 "approval", "approved surveyor" or "surveyor" refers to an individual who has
					 been approved to certify cranes only under the authority and supervision of a
					 licensed certifier.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 11 - License Requirements-Crane and Derrick Certification › Section 344.61 - License and Approval-Application Form and Applicant Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license to
					 certify cranes pursuant to this article may be obtained by submitting a
					 completed application to the Division and successfully completing a written
					 examination as set forth herein. Application forms may be obtained by calling
					 the Headquarters offices of the Division or by written request to Post Office
					 Box 603, San Francisco, California 94101.
(1)
					 An applicant seeking a license must satisfy one of the following criteria:
(A) Be an agency or person satisfying the
					 definition of "certificating agency" as set forth in section
					 4885 of title 8 of the California
					 Code of Regulations, or,
(B) Be an
					 agency or person qualified to certify cranes pursuant to section
					 5021(a)(1) of
					 title 8 of the California Code of Regulations who is not a certificating agency
					 as defined but who will be operating under the direct technical supervision of
					 a certificating agency as defined.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 11 - License Requirements-Crane and Derrick Certification › Section 344.62 - Issuance of License and Approvals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the applicant and the surveyor(s) the
					 applicant is seeking to be approved under the license satisfy the requirements
					 of this article, the Division shall issue a license and approval(s).
(b) The Division may impose restrictions on
					 the scope and use of the license or approval(s), such as limiting it to
					 specific types of cranes or derricks based upon the qualifications of the
					 applicant, the desired license, and the qualifications of any surveyor approved
					 under the license.
1. New
						section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44).
						A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency
						language will be repealed by operation of law on the following
						day.
2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant
						to Government Code section
						11346.2(d)
						(Register 92, No. 13).
Note: Authority cited: Sections
						  60.5,
						  6308 and
						  7375, Labor
						  Code. Reference: Section
						  7375, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 11 - License Requirements-Crane and Derrick Certification › Section 344.63 - License Application-Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 business days of receipt of a
					 completed application for license the Division shall inform the applicant in
					 writing that it is either complete and accepted for filing or that it is
					 deficient and what specific information or documentation is required to
					 complete the application. An application is considered complete if it is in
					 compliance with the requirements of this article.
(b) Within 30 business days of the date of
					 the filing of a Completed application the Division shall inform the applicant
					 if the minimum requirements of this article are satisfied and of the applicants
					 eligibility to take the written examination.
(c) Within 60 business days from the date of
					 completion of the written examination the Division shall inform the applicant
					 in writing of its decision regarding the issuance of the license or
					 approval(s).
1. New
						section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44).
						A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency
						language will be repealed by operation of law on the following
						day.
2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant
						to Government Code section
						11346.2(d)
						(Register 92, No. 13).
Note: Authority cited: Sections
						  60.5,
						  6308 and
						  7375, Labor
						  Code; and Section
						  15376,
						  Government Code. Reference: Section
						  7375, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 11 - License Requirements-Crane and Derrick Certification › Section 344.64 - Duration and Renewal of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The license shall be valid for three
					 years.
(b) Application for renewal
					 shall be filed with the Division not less than 60 days prior to expiration. A
					 renewal may be obtained by filing a completed application for renewal meeting
					 the requirements of section
					 344.61 hereof.
(c) All applicants for renewal and approved
					 surveyors shall successfully complete a written examination every six
					 years.
1. New
						section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44).
						A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency
						language will be repealed by operation of law on the following
						day.
2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant
						to Government Code section
						11346.2(d)
						(Register 92, No. 13).
Note: Authority cited: Sections
						  60.5. 6308 and
						  7375, Labor
						  Code. Reference: Section
						  7375, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 11 - License Requirements-Crane and Derrick Certification › Section 344.65 - License Application, Renewal and Examination Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To cover the costs associated with
					 investigating and evaluating the application for a license and administering
					 the required written examination, a fee of $250.00 for the application, plus
					 $190.00 for the written examination shall be paid.
(b) Where the applicant is seeking the
					 approval of surveyors to work under the authority and supervision of the
					 license either in the application for license or subsequent to the issuance of
					 the license, a fee of $190.00 for each surveyor to be approved shall be paid to
					 cover the costs associated with investigating the request for approval and
					 administering the written examination.
(c) To cover the costs associated with
					 investigating and evaluating an application for renewal of a license a fee of
					 $75.00 shall be paid.
(d) To cover
					 the costs associated with investigating and evaluating a request to transfer a
					 person approved under an existing license to another license a fee of $50.00
					 shall be paid.
1. New
						section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44).
						A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency
						language will be repealed by operation of law on the following
						day.
2. Amendment of subsection (d) and NOTE filed 3-18-92;
						operative 3-18-92 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 13).
Note: Authority cited: Sections
						  60.5,
						  6308,
						  7375, and
						  7380, Labor
						  Code. Reference: Sections
						  7375 and
						  7380, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 11 - License Requirements-Crane and Derrick Certification › Section 344.66 - Denial of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Division shall deny issuance of a license if the applicant does not satisfy the
					 requirements of this article. In denying a license, the Division shall notify
					 the applicant, in writing, as set forth in this article, specifying the reasons
					 for such denial and shall send a copy thereof to the Director.
(b) Any applicant denied a license by the
					 Division may appeal such denial to the Director. The Director shall hold a
					 hearing at such place designated by the Director or his authorized
					 representative within five working days of the appeal. The applicant has the
					 burden of establishing qualification for a license. The hearing shall be
					 presided over by the Director or authorized representative.
(c) The Director shall issue a decision
					 within 10 days of the hearing. The Director's decision shall be final except
					 for any rehearing or judicial review provided for by law. All requests for
					 rehearing shall be filed with the Director within ten days from the date of the
					 Director's denial.
1. New
						section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44).
						A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency
						language will be repealed by operation of law on the following
						day.
2. Amendment of subsection (a) and NOTE filed 3-18-92;
						operative 3-18-92 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 13).
Note: Authority cited: Sections
						  60.5,
						  6308, and
						  7375, Labor
						  Code. Reference: Section
						  7375, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 11 - License Requirements-Crane and Derrick Certification › Section 344.67 - Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division may at any time, upon a
					 showing of good cause and after notice and an opportunity to be heard, revoke
					 or suspend any license issued pursuant to this article.
(b) Notice shall be in writing and served at
					 least two days in advance of the hearing. Service shall be by personal service
					 or certified mail to the address as shown on the application form. The notice
					 shall specify the reasons for the action taken by the Division in order that
					 the applicant may prepare for the hearing. The Division shall also include
					 within the notice of revocation or suspension specific conditions which must be
					 met before the applicant will be entitled to apply for a new
					 certification.
(c) The hearing
					 shall be held at the Division's Headquarters offices or at such other location
					 as may be designated by the Director and shall be presided over by the Chief of
					 the Division or authorized representative.
(d) During the hearing, the Division shall
					 establish good cause for the action taken. Good cause is deemed to exist if the
					 Division establishes any of the criteria set forth in Labor Code section
					 7376(a)
					 or that the licensed certifier has committed any of the following acts:
(1) Failure to meet or comply with the
					 requirements of this article or the limitations imposed on the
					 license;
(2) Performance of work
					 not in compliance with applicable laws and regulations.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 12 - Tower Cranes-Operating Permit and Certification Requirements › Section 344.70 - Tower Cranes-Operating Permit-Scope and Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The permit requirements of this article
					 apply to two types of tower cranes referred to in these orders as:
(1) "Fixed Tower Crane", which includes free
					 standing and climber type tower cranes where the vertical mast or tower is
					 attached to a fixed anchorage, foundation or undercarriage attached to rails,
					 as defined in Labor Code section
					 7371(a) and
					 (b) and section
					 4885 of title 8 of the California
					 Code of Regulations, and,
(2)
					 "Mobile Tower Crane", which includes mobile and self erecting type tower
					 cranes, as defined in Labor Code section
					 7371(a) and
					 (c) and section
					 4885 of title 8 of the California
					 Code of Regulations.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 12 - Tower Cranes-Operating Permit and Certification Requirements › Section 344.71 - Application for and Issuance of Operating Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fixed and Mobile Tower
					 Cranes--Application for Permit--Location.
(1)
					 In the case of a fixed tower crane the application must be filed at he District
					 Office nearest the location where the tower crane will be operated.
(2) In the case of a mobile tower crane the
					 application may be filed at the District Office nearest the location where the
					 mobile tower crane will be operated or nearest the principal business offices
					 of the applicant.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 12 - Tower Cranes-Operating Permit and Certification Requirements › Section 344.72 - Tower Crane Operating Permit Application-Issuance and Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 5
					 business days of receipt of an application the Division shall inform the
					 applicant in writing of whether it is accepted for filing and if not what
					 deficiencies exist with reference to the application.
(b) The Division shall issue a permit within
					 10 days of the receipt of a completed application.
(c) The Division may issue a temporary permit
					 pending the payment of any inspection fees where such fees are not paid in
					 advance. All inspection fees must be paid within 30 business days of the date
					 of the invoice indicating such fees are due. If the inspection fees are not
					 paid within thirty business days as set forth herein, the temporary permit
					 shall immediately expire.
1. New
						section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44).
						A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency
						language will be repealed by operation of law on the following
						day.
2. Amendment of subsection (b) and NOTE, repealer of subsection
						(c) and relettering filed 3-18-92; operative 3-18-92 pursuant to Government
						Code section
						11346.2(d)
						(Register 92, No. 13).
Note: Authority cited: Sections
						  60.5,
						  6308,
						  7373 and
						  7375, Labor
						  Code; and Section
						  15376,
						  Government Code. Reference: Sections
						  7371 and
						  7373, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 12 - Tower Cranes-Operating Permit and Certification Requirements › Section 344.73 - Tower Crane Operating Permit and Inspection Fee Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To cover the costs associated with
					 investigating and issuing an operating permit for a fixed or mobile tower
					 crane, the fee of $200.00 shall be paid.
Note
: The permit to operate and the
						associated application fee is separate from, and in addition to, the permit and
						fee requirements of section
						341 of title 8 of the California
						Code of Regulations for the erection of a fixed tower crane.
(b) In addition to the fees set forth in
					 subsection (a) of this section, the hourly fee of $75.00 or fraction thereof,
					 including travel time as set forth in part (1) of this subsection, based on
					 quarter hour intervals, with a minimum of one-half hour, shall be paid to cover
					 the costs associated with inspecting any fixed or mobile tower crane pursuant
					 to the permit requirements of this article and Labor Code section
					 7373.
(1) Travel time shall include the time from
					 the District Office of the Division processing the request for a permit to the
					 inspection site, and from the inspection site back to the District Office. In
					 the event the travel encompasses multiple permit inspections of different
					 cranes operated by different employers the Division shall allocate the travel
					 time equitably among the permit applicants.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 12 - Tower Cranes-Operating Permit and Certification Requirements › Section 344.74 - Denial of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Division shall deny issuance of an operating permit if the provisions of this
					 article are not satisfied. Upon denying an operating permit to an applicant
					 employer, the Division shall promptly notify the employer, in writing,
					 specifying the reasons for such denial and shall send a copy thereof to the
					 Director.
(b) Any employer denied a
					 permit by the Division may appeal such denial to the Director. The Director
					 shall hold a hearing at such place designated by the Director or authorized
					 representative for the convenience of the attending parties within two working
					 days of the employer's appeal. The employer has the burden of establishing that
					 it qualifies for a permit. The hearing shall be presided by the Director or
					 authorized representative and shall also be open to employees or employees'
					 representative. The employer shall notify the employees or employees'
					 representative of such hearing a reasonable time prior to the such hearing, but
					 in no case later than 24 hours prior to the hearing. Proof of such notification
					 by the employer shall be made at the hearing.
(c) The Director shall issue a decision
					 within ten business days of the hearing. The Director's decision shall be final
					 except for any rehearing or judicial review provided for by law. All requests
					 for rehearing shall be filed with the Director within ten days from the date of
					 the Director's decision.
1. New
						section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44).
						A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency
						language will be repealed by operation of law on the following
						day.
2. Amendment of subsection (a) and NOTE filed 3-18-92;
						operative 3-18-92 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 13).
Note: Authority cited: Sections
						  60.5,
						  6308,
						  7373 and
						  7375, Labor
						  Code. Reference: Sections
						  7371 and
						  7374, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 12 - Tower Cranes-Operating Permit and Certification Requirements › Section 344.75 - Revocation or Suspension of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division may at any time, upon a
					 showing of good cause and after notice and an opportunity to be heard, revoke
					 or suspend any permit issued pursuant to this article.
(b) Notice shall be in writing and served
					 upon the applicant at least 24 hours in advance of the hearing. Service shall
					 be by personal service or certified mail to the project address as shown on the
					 application form. The notice shall specify the reasons for the action taken by
					 the Division. The Division shall also include within the notice of revocation
					 or suspension specific conditions which must be met before the applicant will
					 be entitled to resume operation of the tower crane.
(c) The hearing shall be held as soon as
					 possible at the Division's headquarters offices or at such other location as
					 may be designated by the Director and shall be presided by the Chief of the
					 Division or authorized representative.
(d) During the hearing, the Division shall
					 establish good cause for the action taken. Good cause is deemed to exist if the
					 Division establishes any of the criteria set forth in Labor Code section
					 7374(a).
(e) The period of suspension or revocation
					 for the commission of any act referenced in Labor Code section
					 7374(a)
					 shall be six months for the first such suspension and one year for each
					 subsequent suspension or revocation.
(1) The
					 commission of any other act referenced in subsection (d) may result in
					 suspension or revocation of up to one year.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 12.5 - Process Safety Management Program Assessment › Section 344.76 - Determination of the Annual Process Safety Management Program Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or before
					 November 8, 2013 and thereafter September 1 of each year, the division shall,
					 in accordance with Labor Code section
					 7870, determine
					 the total amount of funds required to support the direct and indirect expenses
					 and cash flow requirements of the Division of Occupational Safety and Health's
					 process safety management program for the following fiscal year. The division's
					 process safety management program includes, but is not limited to, the
					 provision of consultation services, conduct of inspections, and the adoption of
					 standards. This amount shall be the process safety management assessment
					 collected for the following year.
(b) On or before November 15, 2013 and
					 thereafter October 1 of each year, the division shall obtain the following data
					 from the California Energy Commission, for the prior calendar year, as reported
					 to the California Energy Commission and the United States Energy Information
					 Administration:
(1) the aggregate total amount
					 of crude oil (USEIA product code 050) input to and unfinished oil (USEIA
					 product code 812) received by all oil refineries located in the state of
					 California, and
(2) the aggregate
					 total amount of crude oil (USEIA product code 050) input to and unfinished oil
					 (USEIA product code 812) received by each oil company's refinery (or
					 refineries) located in the state of California.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 12.5 - Process Safety Management Program Assessment › Section 344.77 - Collection of the Process Safety Management Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or before December 1 of each year the
					 Division shall levy each company owning an oil refinery (or refineries) subject
					 to this assessment for the total amount due from that company for its
					 proportional share of the Process Safety Management Assessment as determined in
					 section 5189.1(d) of these
					 regulations. The levy shall include the calculations used to determine the
					 company's proportional individual assessment.
(b) The full amount of the assessment shall
					 be paid to the division within 30 days of the billing. Payment shall be made by
					 using the Process Safety Management Assessment electronic payment option on the
					 division's electronic payment portal at:
http://www.dir.ca.gov/dosh/Payment_options.html
1. New
						section filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013,
						No. 44). A Certificate of Compliance must be transmitted to OAL by 4-28-2014 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 10-29-2013 order transmitted
						to OAL 4-22-2014 and filed 5-14-2014 (Register 2014, No.
						20).
Note: Authority cited: Sections
						  6307,
						  6308 and
						  7870, Labor
						  Code. Reference: Sections
						  7855-
						  7870, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 13 - Certification Requirements › Section 344.80 - License-Duties and Recordkeeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every crane or derrick certifier, licensed pursuant to
						article 11 of these orders shall comply with the following requirements:
(a) All tests and examinations shall be
					 performed in accordance with the requirements of title 8 of the California Code
					 of Regulations commencing with section
					 4884.
(1) No certification shall be issued without
					 first performing all necessary tests and examinations as required by applicable
					 standards or orders, including but not limited to the examination of items 1
					 through 14 referenced in Plate V of section
					 4885 of title 8 of the California
					 Code of Regulations.
(2) All
					 certifications shall be issued in a form consistent with that set forth in
					 Plate V of section
					 4885 of title 8 of the California
					 Code of Regulations.