California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4 - Division of Industrial Safety › Subchapter 20 - Tunnel Safety Orders › Appendix B - Labor Code Excerpts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DIVISION 5. SAFETY IN EMPLOYMENT
PART 1. WORKMEN'S SAFETY
Chapter 3. Responsibilities and Duties of Employers
					 and Employees
6401. Every employer shall furnish and use safety devices
					 and safeguards, and shall adopt and use practices, means, methods, operations,
					 and processes which are reasonably adequate to render such employment and place
					 of employment safe. Every employer shall do every other thing reasonably
					 necessary to protect the life, safety, and health of employees.
6406. No person shall do any of the following:
(a) Remove, displace, damage, destroy or carry off any
					 safety device, safeguard, notice, or warning, furnished for use in any
					 employment or place of employment.
(b) Interfere in any way with the use thereof by any other
					 person.
(c) Interfere with the use of any method or process adopted
					 for the protection of any employee, including himself, in such employment, or
					 place of employment.
(d) Fail or neglect to do every other thing reasonably
					 necessary to protect the life and safety of employees.
PART 9. TUNNEL AND MINE SAFETY
Chapter 1. Tunnels and Mines
7950. This part shall be known and may be cited as "The Tom
					 Carrell Memorial Tunnel and Mine Safety Act of 1972."
7951. As used in this part:
(a) Tunnel shall include excavation, construction,
					 alteration, repairing, renovating, or demolishing of any tunnel except tunnel
					 work covered under the compressed air safety orders adopted by the Occupational
					 Safety and Health Standards Board and manhole construction.
(b) "Tunnel" means an underground passageway, excavated by
					 men and equipment working below the earth's surface, that provides a
					 subterranean route along which men, equipment, or substances can move.
(c) "Mine" means any excavation or opening above or below
					 ground used for removal of ore, minerals, gravel, sand, rock, or other
					 materials intended for manufacturing or sale. It shall include quarries and
					 open pit operations, other than a gravel pit or other pit where material is
					 removed by a contractor or other person for his own use and not for sale to
					 others. The term "mine" shall not include a mine that is operated exclusively
					 by persons having a proprietary interest in such mine or by persons who are
					 paid only a share of the profits from the mine, nor shall it include during any
					 calendar year, any mine that produced less than five thousand dollars ($5,000)
					 in ore, minerals, sand, rock, or other material during the preceding calendar
					 year.
(d) "Access shaft" means a vertical shaft used as a regular
					 means of worker access to underground mines and tunnels under construction,
					 renovation, or demolition.
(e) "Lower explosive limit" means the lowest concentration
					 at which a gas or vapor can be ignited or will explode.
(f) "Face" means the head of the tunnel where soil is being
					 removed, or that area in a mine where digging is underway.
(g) "Muck" means excavated dirt, rock, or other
					 material.
(h) "Permissible equipment" means equipment tested and
					 approved by the U.S. Bureau of Mines or acceptable to other authorities
					 recognized by the division, and acceptable by the division, which is safe for
					 use in gassy or extrahazardous tunnels or underground mines.
(i) "Division" means the Division of Occupational Safety
					 and Health.
(j) "Board" means the Occupational Safety and Health
					 Standards Board.
(k) "Underground mine" means a mine that consists of a
					 subterranean excavation.
7952. There shall be within the division a separate unit of
					 safety engineers trained to inspect all tunnel construction and mine
					 operations.
7953. Sufficient manpower shall be maintained to provide
					 for four annual inspections of underground mines, one inspection of surface
					 mines or quarries annually, and six inspections of tunnels under construction
					 annually.
7954. To assist the unit of safety engineers in determining
					 the safety of tunnel construction and mine operation, the division shall make
					 available at least one industrial hygiene engineer and one chemist. A
					 laboratory for analysis of dust, gas, vapors, soil, or other materials shall be
					 available to members of this unit. Contracts to provide for geological and
					 other services may be signed by the division whenever it is necessary to assure
					 safety for employees engaged in mining or tunnel work.
7955. The division and the owner of a mine, if he is not
					 the operator of the mine, shall be notified before any initial mining operation
					 or construction may be started at any mines or tunnels. A prejob safety
					 conference shall be held with an authorized representative of the division for
					 all underground operations. Representatives of the tunnel or mine owner, the
					 employer, and employees shall be included in the prejob safety
					 conference.
The division shall classify all tunnels or underground
					 mines operating on the effective date of this section, or which commence
					 operation thereafter, as one of the classifications set forth in subdivisions
					 (a) to (d), inclusive. Such classification shall be made prior to the request
					 for bids on all public works projects, whenever possible. This shall not,
					 however, prevent the division from reclassifying such mines or tunnels when
					 conditions warrant it.
(a) Nongassy, which classification shall be applied to
					 tunnels or underground mines where there is little likelihood of encountering
					 gas during the construction of the tunnel or operation of an underground mine.
					 Such tunnels shall be constructed or underground mines operated under
					 regulations, rules, and orders developed by the division and board and approved
					 by the board. This subdivision shall not prohibit the division chief or his
					 representatives from establishing any special orders that they feel are
					 necessary for safety.
(b) Potentially gassy, which classification shall be
					 applied to tunnels or underground mines where there exists a possibility gas
					 will be encountered.
(c) Gassy, which classification shall be applied to tunnels
					 or underground mines where it is likely gas will be encountered. Special safety
					 measures, including those set forth in Sections
					 7965 to
					 7976, inclusive, those established
					 by the division and board and adopted by the board, or special orders written
					 by the chief or his representatives shall be observed in construction of gassy
					 tunnels in addition to regular rules, orders, special orders, or
					 regulations.
(d) Extrahazardous, which classification may, when the
					 division finds that there is a serious danger to the safety of the employees,
					 be applied to tunnels or underground mines where gas or vapors have caused an
					 explosion or fire, where the likelihood of encountering petroleum vapors
					 exists, or where tests show, with normal ventilation, a concentration of
					 hydrocarbon petroleum vapors in excess of 20 percent of the lower explosive
					 limit within three inches of the roof, face, floor, or walls of any open
					 workings. Construction in extrahazardous tunnels or operation in extrahazardous
					 underground mines shall conform to safety measures set forth in Sections
					 7977 to
					 7985, inclusive, any rules,
					 regulations, orders, or special orders of the division, or any special rules,
					 orders, or regulations adopted by the board.
The division shall not be required to reclassify any tunnel
					 or underground mine that is shut down seasonally, when such tunnel or
					 underground mine is put back into operation in not less than six months after
					 date of the shutdown.
7956. All personnel, including both employees working above
					 ground and those in the tunnel or underground mine, shall be informed of the
					 classification designated by the division for that job. A notice of the
					 classification and any special orders, rules, or regulations to be used in
					 construction, remodeling, demolition, or operation of the tunnel or underground
					 mine shall be prominently posted at the site.
7957. An emergency rescue plan shall be developed by the
					 employer for every tunnel or underground mine. Such plan, including a current
					 map of the tunnel or underground mine, shall be provided to local fire and
					 rescue units, to the division, and to every employee at the place of
					 employment.
7958. A trained rescue crew of at least five men shall be
					 provided at underground mines with more than 25 men or tunnels with 10 or more
					 men underground at any one time. Smaller mines shall have one man for each 10
					 men underground who receives annual training in the use of breathing apparatus.
					 Two trained crews shall be provided at mines with more than 50 men underground
					 and at tunnels with more than 25 men underground.
7959. Rescue crews shall be familiar with all emergency
					 equipment necessary to effect a rescue or search for missing employees in case
					 of an accident or explosion. Such rescue crews shall hold practices with
					 equipment and using emergency rescue plan procedures at least once monthly
					 during construction or operation of the tunnel or underground mines. At least
					 one rescue crew shall be maintained above ground at all times and within 30
					 minutes travel of the tunnel or underground mine site classified as gassy or
					 extrahazardous.
7960. In any tunnel or underground mine classified as
					 potentially gassy, tests for gas or vapors shall be made prior to start of work
					 at each shift. If any concentration of gas at or above 10 percent of the lower
					 explosive limit is recorded, the division shall be notified immediately.
7961. The division shall investigate immediately any
					 notification of a gas reading 10 percent of the lower explosive limit or higher
					 by an employer in a tunnel or underground mine classified as potentially gassy.
					 If the inspection determines the likelihood of encountering more gas or vapor,
					 the division may halt operations until the tunnel or mine can be
					 reclassified.
7962. A safety representative qualified to recognize
					 hazardous conditions and certified by the division shall be designated by the
					 employer in any tunnel or underground mine. He shall have the authority to
					 correct unsafe conditions and unsafe practices, and shall be responsible for
					 directing the required safety programs.
7963. All underground mines and tunnels with more than five
					 men underground at one time shall have telephone or other communication systems
					 to the surface in operation at any time there are persons underground. Such
					 systems shall be installed in such a manner that destruction or removal of one
					 phone or communication device does not make other phones or communication
					 devices inoperative.
7964. Whenever an access shaft is used as the normal means
					 of entrance or exit to an underground mine or tunnel, it shall be constructed
					 of fireproof material or fireproofed by chemical or other means.
7964.5. Nothing contained in this part shall restrict the
					 division in contracting with the Secretary of the Interior for an approved
					 state plan for mines under P.L. 89-577(30 U.S.C.
					 721 et seq.).Chapter 2. Gassy and
					 Extrahazardous Tunnels
7965. Any tunnel or underground mine classified by the
					 division as gassy shall operate under special procedures adopted by the board,
					 as well as rules, regulations, special orders, or general orders for nongassy
					 underground mines and tunnels.
7966. In any tunnel classified as gassy by the division,
					 there shall be tests for gas or vapors taken prior to each shift and at least
					 hourly during actual operation. If a mechanical excavator is used, gas tests
					 shall be made prior to removal of muck or material and before any cutting or
					 drilling in tunnels or underground mines where explosives are used. A log shall
					 be maintained for inspection by the division showing results of each test.
					 Whenever a tunnel excavation or underground mine operation approaches a
					 geologic formation in which there is a likelihood of encountering gas or water,
					 a probe hole at least 20 feet ahead of the tunnel face or area where material
					 is being mined shall be maintained.
7967. Whenever gas levels in excess of 10 percent of the
					 lower explosive limit are encountered initially in a tunnel or underground mine
					 classified as gassy, the division shall be notified immediately by telephone or
					 telegraph. The chief of the division or his authorized representative may waive
					 subsequent notification for gas readings less than 20 percent of the lower
					 explosive limits upon a finding that adequate ventilation and other safety
					 measures are provided to assure employee safety.
7968. In any gassy tunnel or underground mine, the division
					 may order work halted until adequate testing can be completed to determine the
					 level of hazard from gases or vapors. A notice of such shutdown shall be filed
					 by the division inspector with his superiors as soon as practicable. Any
					 overruling of such order must be made by the chief or his designated
					 representative and must be in writing. An onsite inspection must be made by the
					 person overruling an inspector's order prior to resumption of work.
7969. In any gassy tunnel or underground mine the division
					 shall review plans for electrical lighting and power for equipment. When it is
					 necessary for safety, the inspector may require changes in the amount and type
					 of lighting, and may require permissive-type wiring, switches, tools, and
					 equipment.
7970. In any tunnel or underground mine classified gassy,
					 smoking shall be prohibited and the employer shall be responsible for
					 collecting all personal sources of ignition such as lighters and matches from
					 employees entering the tunnel.
7971. Whenever there is any ignition of gas or vapor in a
					 tunnel or underground mine, all work shall cease, employees shall be removed,
					 and reentry except for rescue purposes shall be prohibited until the division
					 has conducted an inspection and authorized reentry for maintenance or
					 production in writing.
7972. If the level of gas in any tunnel or underground mine
					 reaches 20 percent of its lower explosive limit at any time all men shall be
					 removed, the division notified immediately by telephone or telegram, and no one
					 shall reenter the tunnel or underground mine until approval is given by the
					 division.
7973. In any tunnel or underground mine classified as
					 gassy, all employees shall be informed of any special orders made by the
					 division following an inspection. Such notice shall be given before entering
					 the tunnel or underground mine. A copy of any orders subsequently written by
					 the division shall be posted and all employees shall be notified at a safety
					 meeting called by the safety representative before they are permitted to start
					 work.
7974. In any tunnel classified as gassy by the division,
					 ventilation shall include continuous exhausting of fumes and air, unless an
					 alternative ventilation plan which is as effective or better is approved by the
					 division. Fans for this purpose shall be located at the surface, and shall be
					 reversible from a single switch at the portal or shaft. These requirements
					 shall not preclude the use of auxiliary fans to supply more air or greater
					 exhaust to a tunnel or underground mine.
7975. A "kill" button capable of cutting off all electrical
					 equipment shall be maintained in any gassy tunnel or underground mine. The
					 safety representative or his designated representative shall cut off power at
					 any time gas or vapor levels reach 20 percent of the lower explosive limit or
					 more. Before work is restarted every employee underground shall be informed of
					 the level of gas or vapor recorded, and a permanent record shall be called to
					 the surface and retained in a special log.
7976. In any tunnel or underground mine classified as
					 gassy, the division shall determine the number of fire extinguishers necessary
					 and their locations.
7977. Any tunnel or underground mine classified as
					 extrahazardous by the division shall comply with the provisions for gassy
					 tunnels in this chapter, as well as regulations, rules, special orders, and
					 general orders of the division or board.
7978. In any extrahazardous tunnel or underground mine
					 smoking by employees or open flame shall be prohibited. Welding or cutting with
					 arc or flame underground in other than fresh air shall be done under the direct
					 supervision of qualified persons who shall test for gas and vapors before
					 welding or cutting starts and continuously during such an operation. No cutting
					 or welding shall be permitted in atmospheres where any concentration of gas or
					 vapor reaches 20 percent of the lower explosive limit or more while a probe
					 hole is being drilled or when the tunnel face or material from a mine is being
					 excavated.
7979. In tunnels or underground mines classified
					 extrahazardous, sufficient air shall be supplied to maintain an atmosphere of
					 all of the following conditions:
(a) Not less than 19 percent oxygen.
(b) Not more than 0.5 percent carbon dioxide.
(c) Not more than 5 parts per million nitrogen
					 dioxide.
(d) No petroleum vapors or other toxic gases in
					 concentrations exceeding the threshold limit values established annually by the
					 American Conference of Governmental Industrial Hygienists.
7980. All electrical equipment and machines, including
					 diesel engines, used in tunnels or underground mines classified extrahazardous
					 shall be permissible equipment. The division may, however, permit the use of
					 nonpermissive equipment in a tunnel or underground mine in areas where it finds
					 there is no longer danger from gas or other hazards.
7981. An escape chamber or alternate escape route shall be
					 maintained within 5,000 feet of the tunnel face or areas being used to excavate
					 material in an underground mine classified as gassy or extrahazardous. Workers
					 shall be provided with emergency rescue equipment and trained in its
					 use.
7982. Records of air flow and air sample tests to assure
					 compliance with required standards shall be maintained by the employer at the
					 site of any tunnel or underground mine classified extrahazardous. Such records
					 shall be made available to any division representative upon request.
7983. The main fan line used for ventilation in any tunnel
					 or underground mine classified extrahazardous shall contain a cutoff switch
					 capable of halting all machinery underground automatically should the fan fail
					 or its performance fall below minimum power needed to maintain a safe
					 atmosphere.
7984. In any tunnel or underground mine classified
					 extrahazardous a device or devices which automatically and continuously test
					 the atmosphere for gases or vapors shall be maintained. Such device or devices
					 shall be placed as near the face or area of operation as practical, but never
					 more than 50 feet from such point. The division shall determine if additional
					 monitors are necessary and where they should be located. This requirement shall
					 apply only to tunnels or underground mines where excavation of material is by
					 mechanical means.
7985. All such testing device or devices shall be U.S.
					 Bureau of Mines approved or acceptable to other authorities recognized by the
					 division and shall automatically sound an alarm and activate flashing red
					 signals visible to employees underground whenever the concentration of gases or
					 vapors reaches or exceeds permissible levels. Permissible levels may be
					 established lower than the limits set in division rules, regulations, or
					 general orders whenever a division inspector considers such action necessary to
					 make the operation safe for employees.
Chapter 3. Licensing and Penalties
7990. In any tunnel or mine under jurisdiction of the
					 division, the use of explosives shall be limited to persons licensed by the
					 division.
7991. To obtain a license under Section
					 7990, a person shall pass an oral
					 and written examination given by the division. The division shall offer such
					 examination in Spanish, or any other language, when requested by the applicant.
					 The division shall administer such examination orally when requested by an
					 applicant who cannot write. Application for such license shall cost fifteen
					 dollars ($15), which is nonreturnable. Licenses shall be renewable every five
					 years at a fee of fifteen dollars ($15).
7992. The board shall determine qualifications for persons
					 seeking an "explosive blaster's license" and rules and regulations for use of
					 explosives in tunnels or mines.
7993. Any person holding an "explosive blaster's license"
					 who is convicted of violating any safety order involving the use or handling of
					 explosives shall have his license suspended for not less than 30 days upon
					 hearing by the division, in addition to any other penalties he may be
					 assessed.
7994. Any person holding an "explosive blaster's license"
					 who is convicted of violating safety orders involving use or handling of
					 explosives in which the violation is judged to be responsible for an accident
					 involving serious injury or death shall have his license revoked for at least
					 one year, in addition to any other penalties he may be assessed. Any person who
					 has had his "explosive blaster's license" revoked may apply for a new license
					 after the minimum period of revocation expires. He shall be required to pass
					 all examinations before a new license is granted.
7995. Any person who has had his "explosive blaster's
					 license" revoked who is subsequently convicted of violations of a safety order
					 involving the use or handling of explosives shall have his license permanently
					 revoked in addition to other penalties he may be assessed.
7996. All safety equipment required to provide safe
					 employment in tunnels or underground mines shall be U.S. Bureau of Mines
					 approved, or acceptable to other authorities recognized by the division, and
					 acceptable by the division.
7997. The board shall review and update general orders for
					 tunnels and mines at least every two years. Representatives of the unit
					 inspecting tunnels and mines shall be consulted during each review and shall be
					 permitted to submit suggested changes to the general orders at any time.
7998. The board shall also develop tests, available in
					 English, Spanish, or other languages where a sufficient portion of employees
					 exists to show need, to qualify gas testers and safety representatives in
					 tunnels and mines.
7999. No person shall be qualified to operate as a gas
					 tester, or serve as a safety representative in a tunnel or mine unless he holds
					 a certificate issued by the division.
8000. Requirements established by the board shall preempt
					 local government rules, regulations, and laws requiring certification or
					 licensing as gas testers or safety representatives. However, local governments
					 may contract with the division for testing applicants and issuing
					 certifications.
8001. A fee sufficient to cover costs of examination and
					 certification of gas testers and safety representatives for tunnels and mines,
					 but not more than fifteen dollars ($15) for original applications and fifteen
					 dollars ($15) for renewals, may be charged by the division. Renewals shall be
					 made every five years.
8002. All fees from such applications shall be
					 nonrefundable. Such fees shall be paid into the State Treasury by the division
					 to the credit of the General Fund.
8003. Violation of regulations, rules, orders, or special
					 orders adopted by the board or division as a condition of certification shall
					 be punishable by suspension or revocation of certification, unless such
					 violation is responsible for death or injury to employees, in which case it
					 shall be punishable as a misdemeanor.
8004. The provisions of this part shall not apply to the
					 normal operation, maintenance, or repair of any completed tunnels owned or
					 operated by a utility as defined in Section
					 229
					 of the Public Utilities Code. However, it shall apply to the initial
					 construction or substantial modification of such a tunnel.
1. Amendment
					 of appendix and new NOTE filed 3-5-96; operative 4-4-96 (Register 96, No.
					 10).
2. Editorial correction establishing separate HISTORIES for
					 appendix (Register 2003, No. 28).
Note: Authority cited: Sections
						142.3 and
						7997, Labor
						Code. Reference: Sections
						142.3 and
						7997, Labor
						Code.