California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4 - Division of Industrial Safety › Subchapter 7 - General Industry Safety Orders › Group 3 - General Plant Equipment and Special Operations › Article 13 - Agricultural Operations › Section 3456 - Hand-Held Tools

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Hand-held tools shall be kept in good condition and be safely stored.
(b) The use of a short-handled hoe or any
						other short-handled hand tool is prohibited in agricultural operations, as that
						term is defined in Section
						3437, for weeding, thinning or
						hot-capping when such hoe or short-handled hand tool is used in a stooped,
						kneeling or squatting position. A long-handled hand tool used for these
						operations shall not be used as a short-handled hand tool in a stooped,
						kneeling or squatting position.
(c)
(1) Hand weeding, hand thinning, and hand
						hot-capping in a stooped, kneeling or squatting position shall not be permitted
						in agricultural operations as defined in Section
						3437, unless there is no readily
						available, reasonable alternative means of performing the work that is suitable
						and appropriate to the production of the agricultural or horticultural
						commodity.
(2) Upon inquiry made by
						the Division of Occupational Safety and Health personnel, the employer shall
						bear the burden of justifying that the use of hand weeding, hand thinning, or
						hand hot-capping was required due to the unsuitability of the use of a
						long-handled tool or other alternative means of performing the work.
(3) Nothing in this subsection shall be
						construed as prohibiting occasional or intermittent hand weeding, hand thinning
						or hand hot-capping in a stooped, squatting, or kneeling position that is
						incidental to a non-hand weeding operation. For purposes of this subsection,
						occasional or intermittent means an employee is devoting 20 percent or less of
						his or her weekly work time to hand weeding, hand thinning and hand
						hot-capping.
(4) Every employer
						shall provide employees engaged in hand weeding, hand thinning and hand
						hot-capping, not determined to be occasional or intermittent as defined in
						subsection (3), an additional five (5) minutes of rest period time, which
						insofar as practicable, shall be in the middle of each work period. The
						authorized rest period time shall be based on the total hours worked daily at
						the rate of fifteen (15) minutes net rest time per four (4) hours of work, or
						major fraction thereof. Authorized rest time shall be counted as hours worked
						for which there shall be no deduction from wages.
(5) Employees engaging in hand weeding, hand
						thinning, or hand hot-capping shall be provided gloves and knee pads, as
						necessary, and training required to perform the job in accordance with all
						guidelines of Section
						3203, Injury and Illness Prevention
						Program.
(6) The employer shall, in
						accordance with Title 8, Section
						11140, provide any hand tool that
						may be used under subsection (c)(1).