MEMORANDUM OF UNDERSTANDING by G87z6M

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              MEMORANDUM OF UNDERSTANDING
                        BETWEEN
         THE DEPARTMENT OF INDUSTRIAL RELATIONS,
       DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
                           AND
   THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD

This Memorandum of Understanding (“MOU”) is made this ________ day of __________,
1998, by the Department of Industrial Relations, Division of Occupational Health and Safety
(“DIR/DOSH”) and the California Integrated Waste Management Board (“CIWMB”).

Background

Beginning in 1997 and continuing into 1998, the CIWMB has been in the process of revising its
existing regulations regarding Transfer/Processing Operations and Facilities. The existing
regulations, and the proposed revisions to those regulations, contained a number of minimum
standards which created a potential overlap with the regulatory authority of DIR/DOSH. Those
standards (which are specifically identified in Appendix A of this MOU) have been revised in
order to eliminate overlap. Local Enforcement Agencies (LEA) have expressed concern about
how the enforcement of the revised portion of these standards, which they had previously
enforced, would be undertaken.

Scope

This MOU is intended to assure that the respective authorities of DIR/DOSH and the CIWMB
relating to transfer/processing operations and facilities will be exercised in a coordinated and
cohesive manner designed to eliminate or prevent overlap of activities and regulation,
duplication of effort, and inconsistency of action, to the benefit of the regulated public,
DIR/DOSH, the CIWMB and Local Enforcement Agencies. To that end, this MOU establishes
principles of agreement regarding activities of the signatory parties, identifies primary areas of
responsibility and authority between the parties, and outlines a process for resolution of
interagency disagreements.

Statutory Authorities

The California Occupational Safety and Health Act establishes a mandate to assure safe and
healthful working conditions for all California workers. DOSH is the agency designated by the
Labor Code to be responsible for administering the California Occupational Safety and Health
Act and the enforcement program to comply with this mandate. DOSH is commonly referred to
as “Cal/OSHA.” The Federal Occupational Safety and Health Act requires the Cal/OSHA
program to be at least as effective as the Federal OSHA program. The Labor Code grants broad
powers to DIR/DOSH for assuring the health and safety of workers in the state. Section 6307 of
the Labor Code states: “The Division has the power, jurisdiction, and supervision over every


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employment and place of employment in this state, which is necessary to adequately enforce and
administer all laws and lawful standards and orders, or special orders requiring such employment
and place of employment to be safe, and requiring the protection of the life, safety, and health of
every employee in such employment or place of employment.” Labor Code section 6303 defines
place of employment as “any place, and the premises appurtenant thereto, where employment is
carried on, except a place the health and safety jurisdiction over which is vested by law in, and
actively exercised by any state or federal agency other than the Division.” Section 142.3 of the
Labor Code designates the Occupational Safety and Health Standards Board within DIR to be the
only agency in the state authorized to adopt occupational safety and health standards. Any state
agency adopting other standards which impact occupational safety and health are preempted by
Federal Law and not enforceable, even if they also have a non-occupational impact. (Gade v.
National Solid Waste Management Association, 505 U.S. 88 (1992) & Industrial Truck
Association v. Henry, 125 F. 3d 1305 (9th Cir. 1997)). Labor Code section 144 authorizes
DIR/DOSH to allow other agencies to assist in the enforcement of its standards through a written
agreement.

The CIWMB, in addition to its responsibilities regarding the diversion of solid waste, is required
to adopt and revise regulations which set forth minimum standards for solid waste handling,
transfer, composting, transformation and disposal (Public Resources Code section 43020). Such
regulations shall include standards for the design, operation, maintenance, and ultimate reuse of
solid waste facilities (Public Resources Code section 43021). In 1993, the Legislature passed the
“Solid Waste Disposal Regulatory Reform Act of 1993” (Stats. 1993, Chap. 656) which
provided, in part, that a “clear and concise division of authority shall be maintained in both
statute and regulation to remove all areas of overlap, duplication, and conflict between the
[CIWMB] and the state water board and regional water boards, or between the [CIWMB] and
any other state agency, as appropriate.” (Public Resources Code section 43101(c)(1)).
Subsequent to the enactment of this Legislation, the CIWMB determined that overlap,
duplication, and conflict should also be removed from all of its regulations, in addition to those
for solid waste disposal, and directed its staff to do so in all future regulatory packages.

The CIWMB certifies Local Enforcement Agencies (“LEAs”) that have been designated by local
governing bodies to serve in this capacity. If a local jurisdiction does not have a certified LEA,
the CIWMB serves as the Enforcement Agency (“EA”) (Public Resources Code section 43202).
The LEA (and EA) enforces the terms and conditions of solid waste facilities permits and
applicable CIWMB regulations and implements an inspection program for solid waste operations
and facilities, to protect the public health and safety and the environment (Public Resources
Code section 43209). Typically, the LEA is the local Public Health or Environmental Health
Department and its staff must include a Registered Environmental Health Specialist (REHS) (14
CCR 18072). In order to be certified, an LEA must possess adequate technical expertise and staff
and budget resources, among other things, and the CIWMB is required to regularly evaluate LEA
performance (Public Resources Code sections 43200 and 43214). For the purposes of this MOU,
the acronyms "LEA" and "EA" are used interchangeably.



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Principles of Agreement

1. The original versions of certain provisions of the CIWMB’s Transfer/Processing Operations
   and Facilities Regulatory Requirements, which are to be located in Title 14 of the California
   Code of Regulations, were identified during the rulemaking process as having the potential
   for creating an overlap between the jurisdiction of DIR/DOSH and the CIWMB. These
   sections are identified in Appendix A. DIR/DOSH and the CIWMB agree that these
   provisions were properly revised as necessary so that the version of these standards filed with
   the Secretary of State on ________ do not contain any overlap between the jurisdictions of
   these agencies.

2. If in the process of carrying out its duties with regard to Transfer/Processing Operations and
   Facilities, the LEA or the CIWMB believes that there may be a threat to worker health and
   safety that is within the jurisdiction of DIR/DOSH, then this condition, activity, or practice
   may be referred to DIR/DOSH. The Division shall act upon the referrals in accordance with
   Labor Code section 6309, a copy of which is included in Appendix B, and shall coordinate its
   response, to the extent possible, with the LEA or CIWMB.

3. DIR/DOSH shall inform the referring agency in writing regarding any substantive
   determination made about the referral and about any action taken as a result of the referral.

4. Nothing in this MOU is intended to obligate an LEA to affirmatively inspect for or
   investigate a potential threat to worker health and safety when it would not otherwise be
   obligated to do so.

5. Notwithstanding Principle of Agreement number 2 above, an LEA may elect to provide
   enforcement assistance to DIR/DOSH on a case-by-case basis in accordance with the
   following procedures:

   A. If the LEA becomes aware of an imminent hazard at a Transfer/Processing Operation or
      Facility, the LEA shall notify the employer and affected employees of the hazard and
      immediately notify DIR/DOSH.
   B. If the LEA believes that one of the Title 8 standards contained in Appendix D may have
      been violated, but the violation does not present an imminent hazard, the LEA shall note
      this as a [possible violation of Title 8 section ___ or potential hazard involving Title 8
      section ___] on an inspection report, and inform the employer/operator that the condition
      must be corrected within a specified period of time and that employees must be precluded
      from exposure to the specified conditions or activities, until they are corrected. The LEA
      shall also inform the employer/operator that failure to correct the condition by the
      specified time shall result in a referral to DIR/DOSH for possible citations and or civil
      penalties.
   C. If the employer/operator fails to correct the violation by the specified time, the LEA shall
      refer the violation to DIR/DOSH as specified in Principle of Agreement number 2, above.


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     D. Nothing in this MOU is intended to confer the authority on an LEA to issue citations to,
        or determine civil penalties for employers/operators.

6. In order to ensure efficient, consistent, and fair implementation of Principle of Agreement
   number 5 above, DIR/DOSH will participate in CIWMB training for LEAs, as appropriate,
   regarding the enforcement of the Title 8 standards contained in Appendix D.

7. Nothing in this MOU shall require an LEA that holds a Type C certification, for the
   enforcement of regulations at transfer and processing stations and material recovery facilities
   (specified in Title 14 CCR 18071(a)(3)), to obtain any additional certification in order to
   utilize the procedures set forth in Principle of Agreement number 5, above.

Dispute Resolution

It is the desire of the parties to establish a speedy, efficient, and informal method for the
resolution of interagency disputes. Disputes between DIR/DOSH and the CIWMB which can
not otherwise be informally resolved, will be referred to the Director of DIR and the Director of
the CIWMB.

To assist the parties in resolving disputes, one staff person will be appointed each by the Director
of DIR and the CIWMB to represent the interests of their agency. Any disputes regarding the
jurisdiction of these agencies, provisions of this MOU, or similar issues shall first be discussed
by these representatives in order to determine if an informal resolution is possible.

Administrative Considerations

1.      This MOU represents a voluntary understanding between the Directors of DIR/DOSH
        and the CIWMB.

2.      The terms of this MOU may be changed at any time by the parties by a written, signed
        amendment.

3.      The MOU may be terminated upon 30 days written notice by either party.

4.      No rights, duties, obligations, or liabilities enforceable at law are created by this MOU.

5.      This agreement does not alter, modify, abridge, or in any way affect any rights, duties,
        obligations, or liabilities of any person under the laws of the State of California.

6.      In the event that individual or several portions of this MOU are found to be in conflict
        with either state or federal law, regulations, or policies, and therefore, of no effect, the
        agreement will remain in effect without those provisions unless either party notifies the
        other in writing that the entire MOU is terminated.




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7.     Any action to modify, amend, or terminate this MOU shall be done in writing and may
       only be taken by the Directors of DIR and by the CIWMB, or their designees to whom
       this authority is specifically delegated. Unless otherwise delegated to the Executive
       Director of the CIWMB, any such action shall be considered at a public meeting of the
       CIWMB in accordance with its standard procedures. If this authority is delegated, the
       Executive Director will ensure that the Board and interested parties will be notified of
       any modifications

8.     This MOU shall become effective upon _______________ and shall continue in effect
       until modified or terminated by the parties.



Department of Industrial Relations
Division of Occupational Safety and Health


_____________________________                               ________________
                                                                  Date


California Integrated Waste Management Board




_____________________________                               ________________
                                                                  Date




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                                    APPENDIX A
The original version of the following provisions of the CIWMB’s Transfer/Processing
Operations and Facilities Regulatory Requirements, located in Title 14 of the California Code of
Regulations, were identified during the rulemaking process as having the potential for creating
an overlap between the jurisdiction of DIR/DOSH and the CIWMB:

      17407.4        Dust Control
      17408.4        Noise Control
      17408.8        Personnel Health and Safety
      17409.2        Sanitary Facilities
      17410.3        Training
      17415.2        Fire Fighting Equipment
      17416.1        Housekeeping
      17416.2        Lighting
      17416.3        Operational Equipment*
      17418.2        Site Attendant*
      17418.3        Traffic Control*
      17419.2        Water Supply

   *It was subsequently determined that these standards did not need to be revised to remove
   overlap between these two agencies.




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                                     APPENDIX B
LABOR CODE SECTION 6309
Whenever the division learns or has reason to believe that any employment or place of
employment is not safe or is injurious to the welfare of any employee, it may, of its own motion,
or upon complaint, summarily investigate the same, with or without notice or hearings.
However, when the division secures a complaint from an employee, the employee's
representative, or an employer of an employee directly involved in an unsafe place of
employment, that his or her employment or place of employment is not safe, it shall, with
or without notice or hearing, summarily investigate the same as soon as possible, but not later
than three working days after receipt of a complaint charging a serious violation, and not later
than 14 calendar days after receipt of a complaint charging a nonserious violation. For purposes
of this section, a complaint shall be deemed to allege a serious violation if the division
determines that the complaint charges that there is a substantial probability that death
or serious physical harm could result from a condition which exists, or from one or more
practices, means, methods, operations, or processes which have been adopted or are in use in a
place of employment. All other complaints shall be deemed to allege nonserious violations. The
division may enter and serve any necessary order relative thereto. The division is not required to
respond to any complaint within this period where, from the facts stated in the complaint, it
determines that the complaint is intended to willfully harass an employer or is without any
reasonable basis. The division shall keep complete and accurate records of any complaints,
whether verbal or written, and shall inform the complainant, whenever his or her identity is
known, of any action taken by the division in regard to the subject matter of the complaint, and
the reasons for the action. The records of the division shall include the dates on which any
action was taken on the complaint, or the reasons for not taking any action on the complaint.
The division shall, pursuant to authorized regulations, conduct an informal review of any refusal
by a representative of the division to issue a citation with respect to any alleged violation.
The division shall furnish the employee or the representative of employees requesting the review
a written statement of the reasons for the division's final disposition of the case. The name of
any person who submits to the division a complaint regarding the unsafeness of an employment
or place of employment shall be kept confidential by the division unless that person
requests otherwise. The requirements of this section shall not relieve the division of its
requirement to inspect and assure that all places of employment are safe and healthful for
employees. The division shall maintain the capability to receive and act upon complaints at all
times.




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                                  APPENDIX C
       CORRESPONDING TITLE 8 AND TITLE 14 STANDARDS SUBJECT TO
                 ENFORCEMENT ASSISTANCE BY LEAs

Title 14    SUBJECT                     TITLE 8              SUBJECT

17407.4     Dust Control                5141                 Control of Harmful Exposure (Dust)
                                        (5140-definitions)

17408.4     Noise Control               5096                 Control of Noise Exposure
                                        5098                 Hearing Protectors
                                        (5095-definitions)

17408.8     Personnel Health & Safety   3203                 IIPP

17409.2     Sanitary Facilities         3364-6               Sanitary Facilities, Toilet
                                        (3361-definitions)   Rooms, Washing Facilities

17410.3     Training                    3203(a)(7)           IIPP (training)

17415.2     Fire Fighting Equipment     6151                 Portable Fire Extinguishers

17416.1     Housekeeping                3362                 General Requirements (Sanitation)
                                        (3361-definitions)

17416.2     Lighting                    3317                 Illumination

17419.2     Water Supply                3363                 Water Supply
                                        (3361-definitions)




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                                         APPENDIX D

TEXT OF CORRESPONDING TITLE 8 AND TITLE 14 STANDARDS SUBJECT TO
ENFORCEMENT ASSISTANCE BY LEAs

14 CCR Section 17407.4.                      Dust Control.

The operator shall take adequate measures to minimize the creation emission, or accumulation of
excessive dust and particulates, and prevent other safety hazards to the public caused by
obscured visibility. The operator shall minimize the handling of wastes during processing to
prevent the creation of excessive dust. Measures to control dust include, but are not limited to:
reduced processing, misting systems or ventilation. One or more of the following may be an
indication that dust is excessive:
        (1) safety hazards due to obscured visibility; or
        (2) irritation of the eyes; or
        (3) hampered breathing.;
        (4) migration of dust off-site.

8 CCR Section 5140.                          Definitions. (Dusts, etc.)

As used in Article 107:
Abrasive-blasting respirator. A continuous flow supplied-air respirator constructed so that it will
cover the wearer's head, neck, and shoulders to protect him from airborne dust and rebounding
abrasive.
Abrasive wheels. An abrasive wheel is a power-driven wheel consisting of abrasive particles
held together by artificial or natural, mineral or organic bonds. Metal, wooden, cloth or paper
wheels or discs having a layer or layers of abrasive on the surface are not included. Natural
sandstones (quarried) are not included.
Administrative control. Any procedure which limits exposure by adjustment of the work
schedule.
Blast-cleaning enclosures. These include rotary blast cleaning tables, blast cleaning barrels and
drums, abrasive blasting cabinets, blast cleaning rooms, abrasive separators, and similar
enclosures. In blast cleaning rooms the operator works inside to operate the blasting nozzle; at
blasting cabinets the operator directs the nozzle through openings in the cabinets. In other types
of enclosures operation is automatic.
Branch duct. The part of an exhaust system piping or ductwork that is connected directly to the
hood or enclosure.
Duct. Any pipe, flume, or channel, forming a part of a ventilating system, used to convey air,
dusts, fumes, mists, vapors or gases.
Dust. Particles of solid matter, other than fumes, in such a state of comminution that they may be
inhaled.
Engineering controls. Methods of controlling occupational exposure to injurious materials or
conditions by means of general or local exhaust ventilation, substitution by a less hazardous




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material, by process modification, or by isolation or enclosure of health hazard-producing
operations or machinery.
Exhaust purifier device. It is given a broad interpretation as any reliable and identifiable
appliance added to an internal combustion engine to reduce toxic exhaust products. Special fuel
additives may be certified as part of a device provided that other toxic components of exhaust are
not increased significantly.
Exhaust system. A complete suction installation including all hoods, ducts, fans, jets, separators,
and receptacles when required, and any other part necessary for the proper installation and
operation thereof.
Fan. A rotary machine which creates the movement of air in the exhaust or ventilation system.
Fumes. Solid particles generated by condensation from the gaseous state, generally after
volatilization from molten metals, etc., and often accompanied by a chemical reaction such as
oxidation.
Gas. An aeriform fluid.
General ventilation. That type of ventilation which provides for general movement of air
throughout rooms or buildings by either a gravity system or a mechanical system.
Gravity system of ventilation. One which depends wholly upon relative air density.
Harmful exposure. An exposure to dusts, fumes, mists, vapors, or gases:
(a) In excess of any permissible limit prescribed by Section 5155; or
(b) Of such a nature by inhalation as to result in, or have a probability to result in, injury, illness,
disease, impairment, or loss of function.
Hazard. A source of risk, danger, or peril capable of causing injury. As used in Article 107, this
meaning refers to dusts, fumes, mists, vapors, gases or chemicals capable of producing adverse
health effects.
Hood. A shaped inlet designed to capture contaminated air and conduct it into the exhaust duct
system.
Isolated operation. One which is carried on in a location where, or at such time that, no employee
except those actually engaged in the operation involved is exposed to the hazards resulting
therefrom.
Local exhaust ventilation. A mechanical ventilation system in which a hood is located at or near
the point of release of dusts, fumes, mists, vapors or gases.
Main duct. A pipe or duct into which one or more branch ducts enter and which connects such
branch ducts to the remainder of the exhaust system.
Mechanical ventilation system. One which depends upon power-driven equipment for its
operation.
Mists. Suspended liquid droplets generated by condensation from gaseous to liquid state or by
breaking up a liquid into a dispersed state, as by splashing, foaming, or atomizing.
Pitot traverse. The measurement of the air velocity in a duct using a pitot tube at several points in
order to obtain an accurate average value of air velocity in the duct.
NOTE: The number of points to be measured depends on the size and shape of the duct. For
guidance see Industrial Ventilation, 13th Ed. (1974), American Conference of Governmental
Industrial Hygienists.
Separator/collector. The part of the exhaust system in which entrained material is separated from
the air which conveys it.



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Spray booth or Room. A power-ventilated structure provided to enclose or accommodate a
spraying operation, to confine and limit the escape of spray, vapor and residue, and to safely
conduct or direct them to an exhaust system.
Toxic material. A material in concentration or amount which exceeds the applicable limit
established by a standard, such as Sections 5155, 5208, and 5209 or, in the absence of an
applicable standard, which has the capacity to produce personal injury or illness to persons
through ingestion, inhalation, or absorption through any body surface.
Vapor. The gaseous form of a substance normally liquid or solid.(Title 24, T8-5140)

8 CCR Section 5141.                   Control of Harmful Exposure to
Employees. (Dust)

(a) Engineering Controls. Harmful exposures shall be prevented by engineering controls
whenever feasible.
(b) Administrative Controls. Whenever engineering controls are not feasible or do not achieve
full compliance, administrative controls shall be implemented if practicable.
(c) Control by Respiratory Protective Equipment. Respiratory protective equipment, in
accordance with Section 5144, shall be used to prevent harmful exposures as follows:
(1) During the time period necessary to install or implement feasible engineering controls;
(2) Where feasible engineering controls and administrative controls fail to achieve full
compliance; and
(3) In emergencies.
******************************************************************************
14 CCR Section 17408.4. Noise Control.

Noise shall be controlled to prevent health hazards and to prevent nuisance to nearby residents.
Measures to control noise include but are not limited to: posting of warning signs that
recommend or require hearing protection; separation by barriers that limit access to authorized
personnel only; or, enclosures to reduce noise transmission.

8 CCR Section 5095.            General. (Noise)
(a) Scope and Application. Article 105 establishes requirements for controlling occupational
exposures to noise. Agriculture, construction, and oil and gas well drilling and servicing
operations are exempt from the provisions of Sections 5097 through 5100.
(b) Definitions.
Action Level. An 8-hour time-weighted average of 85 decibels measured on the A-scale, slow
response, or equivalently, a dose of fifty percent.
Audiogram. A chart, graph, or table resulting from an audiometric test showing an individual's
hearing threshold levels as a function of frequency.
Audiologist. A professional, specializing in the study and rehabilitation of hearing, who is
certified by the American Speech, Hearing and Language Association or licensed by a state
board of examiners.
Baseline Audiogram. The audiogram against which future audiograms are compared.
Criterion Sound Level. A sound level of 90 decibels.


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Decibel (dB). Unit of measurement of sound level.
dBA (Decibels-A-Weighted). A unit of measurement of sound level corrected to the A-weighted
scale, as defined in ANSI S1.4-1971 (R1976), using a reference level of 20 micropascals
(0.00002 Newton per square meter).
Hertz (Hz). Unit of measurement of frequency, numerically equal to cycles per second.
Medical Pathology. A disorder or disease. For purposes of this regulation, a condition or disease
affecting the ear, which should be treated by a physician specialist.
Otolaryngologist. A physician specializing in diagnosis and treatment of disorders of the ear,
nose and throat.
Representative Exposure. Measurements of an employee's noise dose or 8-hour time-weighted
average sound level that the employer deems to be representative of exposures of other
employees in the workplace.
Sound Level. Ten times the common logarithm of the ratio of the square of the measured A-
weighted sound pressure to the square of the standard reference pressure of 20 micropascals.
Unit: decibels (dB). For use with this regulation, SLOW time response, in accordance with ANSI
S1.4-1971 (R1976), is required.
Sound Level Meter. An instrument for the measurement of sound level.

8 CCR Section 5096.                    Exposure Limits for Noise.
(a) Protection against the effects of noise exposure shall be provided when the sound levels
exceed those shown in Table N-1 of this section when measured on the A-scale of a standard
sound level meter at slow response.
(b) When employees are subjected to sound levels exceeding those listed in Table N-1 of this
section, feasible administrative or engineering controls shall be utilized. If such controls fail to
reduce sound levels within the levels of the table, personal protective equipment shall be
provided and used to reduce sound levels within the levels of the table.
        Table N-1 Permissible Noise Exposure1
    Permitted Duration                    Permitted Duration
Sound Per Workday                         Sound          Per Workday
Level        (hours-                      Level         (hours-
(dBA)         minutes)     hours          (dBA)         minutes)         hours
90........... 8-0...………. 8.00             103……........ 1-19……….... 1.32
91........... 6-58……...... 6.96           104.……....... 1-9………….. 1.15
92........... 6-4……….... 6.06             105……........ 1-0………….. 1.00
93........... 5-17……….. 5.28              106……........ 0-52……….... 0.86
94........... 4-36……..... 4.60            107......…….. 0-46.………... 0.76
95........... 4-0...……… 4.00              108......…….. 0-40.………... 0.66
96........... 3-29...…….. 3.48            109......…….. 0-34.………... 0.56
97........... 3-2...……… 3.03              110......…….. 0-30.………... 0.50
98........... 2-38..……... 2.63            111......…….. 0-26.………... 0.43
99........... 2-18..……... 2.30            112......…….. 0-23……….... 0.38
100.......... 2-0..…….... 2.00            113......…….. 0-20.………... 0.33
101.......... 1-44..…….. 1.73             114......…….. 0-17.………... 0.28
102.......... 1-31..…….. 1.52             115......…….. 0-15……….... 0.25



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1
  When the daily noise exposure is composed of two or more periods of noise exposure of
different levels, their combined effect should be considered, rather than the individual effect of
each. If the sum of the following fractions: C1/T1 + C2/T2 . . . Cn/Tn exceeds unity, then, the
mixed exposure should be considered to exceed the limit value. Cn indicates the total time of
exposure at a specified noise level, and Tn indicates the total time of exposure permitted at that
level.
(c) If the variations in noise level involve maxima at intervals of 1 second or less, the noise is to
be considered continuous.
(d) Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level.

8 CCR 5098.                            Hearing Protectors

(a) General.
(1) Employers shall make hearing protectors available to all employees exposed to an 8-hour
time-weighted average of 85 decibels or greater at no cost to the employees. Hearing protectors
shall be replaced as necessary.
(2) Employers shall ensure that hearing protectors are worn by all employees:
(A) Who are required by Section 5096(b) to wear personal protective equipment; or
(B) Who are exposed to an 8-hour time-weighted average of 85 decibels or greater, and who:
1. Are required by Section 5097(c)(9) to wear hearing protectors because baseline audiograms
have not yet been established; or
2. Have experienced a standard threshold shift.
(3) Employees shall be given the opportunity to select their hearing protectors from a variety of
suitable hearing protectors provided by the employer.
(4) The employer shall provide training in the use and care of all hearing protectors provided to
employees.
(5) The employer shall ensure proper initial fitting and supervise the correct use of all hearing
protectors.
(b) Hearing Protector Attenuation.
(1) The employer shall evaluate hearing protector attenuation for the specific noise environments
in which the protector will be used. The employer shall use one of the methods described in
Appendix E, Methods for Estimating the Adequacy of Hearing Protector Attenuation.
(2) Hearing protectors must attenuate employee exposure at least to an 8-hour time-weighted
average of 90 decibels as required by Section 5096(b).
(3) For employees who have experienced a standard threshold shift, hearing protectors must
attenuate employee exposures to an 8-hour time-weighted average of 85 decibels or below.
(4) The adequacy of hearing protector attenuation shall be reevaluated whenever employee noise
exposures increase to the extent that the hearing protectors provided may no longer provide
adequate attenuation. The employer shall provide more effective hearing protectors where
necessary.

******************************************************************************




                                                  13
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
14 CCR Section 17408.8.              Personnel Health and Safety.

The Injury, Illness, and Prevention Program (IIPP) shall be available for review by local and
state inspectors during normal business hours. Nothing in this section is intended to make the EA
responsible for enforcing the IIPP.

8 CCR Section 3203.                  Injury and Illness Prevention Program.

(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective
Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a
minimum:
(1) Identify the person or persons with authority and responsibility for implementing the
Program.
(2) Include a system for ensuring that employees comply with safe and healthy work practices.
Substantial compliance with this provision includes recognition of employees who follow safe
and healthful work practices, training and retraining programs, disciplinary actions, or any other
such means that ensures employee compliance with safe and healthful work practices.
(3) Include a system for communicating with employees in a form readily understandable by all
affected employees on matters relating to occupational safety and health, including provisions
designed to encourage employees to inform the employer of hazards at the worksite without fear
of reprisal. Substantial compliance with this provision includes meetings, training programs,
posting, written communications, a system of anonymous notification by employees about
hazards, labor/management safety and health committees, or any other means that ensures
communication with employees.
EXCEPTION: Employers having fewer than 10 employees shall be permitted to communicate to
and instruct employees orally in general safe work practices with specific instructions with
respect to hazards unique to the employees' job assignments as compliance with subsection
(a)(3).
(4) Include procedures for identifying and evaluating work place hazards including scheduled
periodic inspections to identify unsafe conditions and work practices. Inspections shall be made
to identify and evaluate hazards.
(A) When the Program is first established;
EXCEPTION: Those employers having in place on July 1, 1991, a written Injury and Illness
Prevention Program complying with previously existing section 3203.
(B) Whenever new substances, processes, procedures, or equipment are introduced to the
workplace that represent a new occupational safety and health hazard; and
(C) Whenever the employer is made aware of a new or previously unrecognized hazard.
(5) Include a procedure to investigate occupational injury or occupational illness.
(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work
practices and work procedures in a timely manner based on the severity of the hazard:
(A) When observed or discovered; and,
(B) When an imminent hazard exists which cannot be immediately abated without endangering
employee(s) and/or property, remove all exposed personnel from the area except those necessary



                                                14
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
to correct the existing condition. Employees necessary to correct the hazardous condition shall be
provided the necessary safeguards.
(7) Provide training and instruction:
(A) When the program is first established;
EXCEPTION: Employers having in place on July 1, 1991, a written Injury and Illness
Prevention Program complying with the previously existing Accident Prevention Program in
Section 3203.
(B) To all new employees;
(C) To all employees given new job assignments for which training has not previously been
received;
(D) Whenever new substances, processes, procedures or equipment are introduced to the
workplace and represent a new hazard;
(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,
(F) For supervisors to familiarize themselves with the safety and health hazards to which
employees under their immediate direction and control may be exposed.
(b) Records of the steps taken to implement and maintain the Program shall include:
(1) Records of scheduled and periodic inspections required by subsection (a)(4) to identify
unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe
conditions and work practices that have been identified and action taken to correct the identified
unsafe conditions and work practices. These records shall be maintained for at least one (1) year;
and
EXCEPTION: Employers with fewer than 10 employees may elect to maintain the inspection
records only until the hazard is corrected.
(2) Documentation of safety and health training required by subsection (a)(7) for each employee,
including employee name or other identifier, training dates, type(s) of training, and training
providers. This documentation shall be maintained for at least one (1) year.
EXCEPTION NO. 1: Employers with fewer than 10 employees can substantially comply with
the documentation provision by maintaining a log of instructions provided to the employee with
respect to the hazards unique to the employees' job assignment when first hired or assigned new
duties.
EXCEPTION NO. 2: Training records of employees who have worked for less than one (1) year
for the employer need not be retained beyond the term of employment if they are provided to the
employee upon termination of employment.
Exception No. 3: For Employers with fewer than 20 employees who are in industries that are not
on a designated list of high-hazard industries established by the Department of Industrial
Relations (Department) and who have a Workers' Compensation Experience Modification Rate
of 1.1 or less, and for any employers with fewer than 20 employees who are in industries on a
designated list of low-hazard industries established by the Department, written documentation of
the Program may be limited to the following requirements:
A. Written documentation of the identity of the person or persons with authority and
responsibility for implementing the program as required by subsection (a)(1).
B. Written documentation of scheduled periodic inspections to identify unsafe conditions and
work practices as required by subsection (a)(4).
C. Written documentation of training and instruction as required by subsection (a)(7).



                                               15
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
Exception No. 4: Local governmental entities (any county, city, city and county, or district, or
any public or quasi-public corporation or public agency therein, including any public entity,
other than a state agency, that is a member of, or created by, a joint powers agreement) are not
required to keep records concerning the steps taken to implement and maintain the Program.
Note 1: Employers determined by the Division to have historically utilized seasonal or
intermittent employees shall be deemed in compliance with respect to the requirements for a
written Program if the employer adopts the Model Program prepared by the Division and
complies with the requirements set forth therein.
Note 2: Employers in the construction industry who are required to be licensed under Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code may use
records relating to employee training provided to the employer in connection with an
occupational safety and health training program approved by the Division, and shall only be
required to keep records of those steps taken to implement and maintain the program with
respect to hazards specific to the employee's job duties.
(c) Employers who elect to use a labor/management safety and health committee to comply with
the communication requirements of subsection (a)(3) of this section shall be presumed to be in
substantial compliance with subsection (a)(3) if the committee:
(1) Meets regularly, but not less than quarterly;
(2) Prepares and makes available to the affected employees, written records of the safety and
health issues discussed at the committee meetings and, maintained for review by the Division
upon request. The committee meeting records shall be maintained for at least one (1) year;
(3) Reviews results of the periodic, scheduled worksite inspections;
(4) Reviews investigations of occupational accidents and causes of incidents resulting in
occupational injury, occupational illness, or exposure to hazardous substances and, where
appropriate, submits suggestions to management for the prevention of future incidents;
(5) Reviews investigations of alleged hazardous conditions brought to the attention of any
committee member. When determined necessary by the committee, the committee may conduct
its own inspection and investigation to assist in remedial solutions;
(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and
(7) Upon request from the Division, verifies abatement action taken by the employer to abate
citations issued by the Division.
****************************************************************************
14 CCR Section 17409.2.                        Sanitary Facilities.

The operator shall maintain all sanitary and hand-washing facilities that it is required to have,
pursuant to applicable state or local requirements, in a clean and adequately supplied condition.

8 CCR Section 3361.                          Definitions. (Sanitation)

Lavatory. A plumbing fixture used for washing the hands, arms, face and head. (Title 24, Part 5,
Section 5-113).
Number of employees. The maximum number of employees present at any one time on a regular
shift. (Title 24, Part 5, Section 5-115).




                                                16
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
Personal Service Room. A room which is not directly connected with the production or service
function performed by the establishment. Such rooms may include, but are not limited to, first
aid or medical rooms, toilet rooms, change rooms, wash rooms, shower rooms, kitchens and
lunch rooms. (Title 24, Part 5, Section 5-117).
Potable Water. Potable water is water which is satisfactory for drinking, culinary and domestic
purposes and meets the requirements of the health authority having jurisdiction. (Title 24, Part 5,
Section 5-117)
Toilet. A fixture, maintained within a toilet room, which may be used for defecation or urination,
or both. (Title 24, Part 5, Section 5-121)
Toilet Room. A room within or on the premises containing water closets, urinals and other
required facilities. (Title 24, Part 5, Section 5-121)
Toxic Material. A material in concentration or amount which exceeds the applicable limit
established by a standard, such as Section 5155, 5208 or 5209 of Title 8, CAC or, in the absence
of an applicable standard, which has the capacity to produce personal injury or illness to persons
through ingestion, inhalation, or absorption through any body surface. (Title 24, Part 5, Section
5-121)
Urinal. A plumbing fixture which is used only for urination. (Title 24, Part 5, Section 5-122)
Water Closet. A plumbing fixture (which may be used for both defecation and urination) in
which the waste matter is removed by flushing with water. (Title 24, Part 5, Section 5-124)

8 CCR Section 3364.                           Sanitary Facilities.

(a) Separate toilet facilities sh
(b) all be provided for each sex according to the following table:

                           Minimum Number of
  Number of Employees               Water Closets*
      1 to 15................…………........1
      16 to 35..............………….........2
      36 to 55.............…………..........3
      56 to 80...........…………............4
      81 to 110...………......................5
      111 to 150...……….....................6
      over 150.......………….................1 additional for each additional 40 employees or fraction
                                            thereof.
----------------

 *Urinals may be installed instead of water closets in toilet rooms to be used only by men
provided that the number of water closets shall not be less than two-thirds of the minimum
number of toilet facilities specified. The length of trough urinals to equivalent number of
individual urinals shall be based on the following:




                                                 17
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
                                 Equivalent Number of
Length of Trough Urinal         Individual Urinals
      24".............…………............1
      36".......…………..................2
      48".......…………..................2
      60".......…………..................3
      72"........………….................4
EXCEPTIONS:
(1) When there are less than five employees, separate toilet rooms for each sex are not required
provided toilet rooms can be locked from the inside and contain at least one water closet. (Title
24, Part 5, Section 5-910 (a)(1))
(2) Employees engaged in hand-labor operations at agricultural establishments are subject to the
sanitation provisions of Section 3457.
(b) Toilet facilities shall be kept clean, maintained in good working order and be accessible to
the employees at all times. Where practicable, toilet facilities should be within 200 feet of
locations at which workers are regularly employed and should not be more than one floor-to-
floor flight of stairs from working areas. (Title 24, part 5, section 5-910(a)(1))
(c) All water-carried sewage shall be disposed of by means of either a public sewage system or
by a sewage disposal system in conformance with applicable State and local laws, ordinances,
and regulations. The sewage disposal method shall not endanger the health of employees.
(d) An adequate supply of toilet paper shall be provided for every water closet.

8 CCR Section 3365.                          Toilet Rooms.

Each water closet shall occupy a separate compartment which shall be equipped with a door and
door latch. The door and the walls or partitions between fixtures shall be sufficient to assure
privacy. (Title 24, Part 5, Section 5-912(a))

8 CCR Section 3366.                          Washing Facilities.

(a) Washing facilities for maintaining personal cleanliness shall be provided in every place of
employment. These facilities shall be reasonably accessible to all employees. (Title 24, Part 5,
Section 5-910(a)2(A))
(b) Washing facilities shall be maintained in good working order and in a sanitary condition.
(Title 24, Part 5, Section 5- 910(a)2(B))
(c) Lavatories, including those associated with toilet rooms shall be made available according to
the following table:




                                                18
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
                                    Number of         Minimum Number
Type of Employment                 Employees           of Lavatories
-------------------------------------------------------------------
Nonindustrial-office                1 to 15              1
   buildings, public                16 to 35             2
   buildings, and similar           36 to 60             3
   establishments                    61 to 90            4
                                     91 to 125           5
                                    over 125            1 additional for each additional 45 employees or.
                                                            fraction thereof
Industrial-factories                 1 to 100           1 for each 10
  warehouses, loft                                          employees.
  buildings, and similar
  establishments                     over 100           1 additional for
                                                            each additional
                                                            15 employees or
                                                            fraction thereof.
---------------------------------------------------------------------
In a multiple-use lavatory, 24 lineal inches of sink or 18 inches of circular basin, when provided
with individual faucet, shall be considered equivalent to one lavatory.
EXCEPTION:
(1) Employees engaged in hand-labor operations at agricultural establishments are subject to the
sanitation provisions of Section 3457.
(d) Each lavatory shall be provided with running water and suitable cleansing agents. The water
shall be available at temperatures of at least 85o F in those instances where:
(1) Substances regulated as carcinogens in these orders are used; or
(2) Skin contact may occur with substances designated skin (S) in section 5155.
NOTE: This section does not prevent local health departments from enforcing more stringent
standards contained in the Health and Safety Code for food handlers.
(e) Clean individual hand towels, or sections thereof, of cloth or paper or warm-air blowers
convenient to the lavatories shall be provided. (Title 24, part 5, section 5-910(a)2(E))
(f) Where showering is required by the employer or these orders:
(1) Separate shower rooms shall be provided for each sex. One shower facility with hot and cold
water feeding a common discharge line shall be provided for each ten employees, or numerical
fraction thereof, who are required to shower during the same shift. When there are less than five
employees, the same shower room may be used by both sexes provided the shower room can be
locked from the inside. (Title 24, part 5, section 5-910(a)2(F))
(2) Body soap or other appropriate cleansing agents convenient to the shower shall be provided.
(3) Employees who use showers shall be provided with individual clean towels.

******************************************************************************




                                                   19
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
14 CCR Section 17410.3.                       Training.

Personnel assigned to the operation or facility shall be adequately trained in subjects pertinent to
site solid waste operations and maintenance, hazardous materials recognition and screening, use
of mechanized equipment, environmental controls, and emergency procedures including the
requirements of this Article. A record of such training history shall be maintained and made
available for inspection.

8 CCR Section 3203(a)(7).                     Injury and Illness Prevention
                                              Program. (Training)
(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective
Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a
minimum: …
(7) Provide training and instruction:
(A) When the program is first established;
EXCEPTION: Employers having in place on July 1, 1991, a written Injury and Illness
Prevention Program complying with the previously existing Accident Prevention Program in
Section 3203.
(B) To all new employees;
(C) To all employees given new job assignments for which training has not previously been
received;
(D) Whenever new substances, processes, procedures or equipment are introduced to the
workplace and represent a new hazard;
(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,
(F) For supervisors to familiarize themselves with the safety and health hazards to which
employees under their immediate direction and control may be exposed.

******************************************************************************
14 CCR Section 17415.2.             Fire Fighting Equipment.

Facility personnel shall have fire suppression equipment continuously available in sufficient
quantities, properly maintained and located as required by the local fire authority.

8 CCR Section 6151.                           Portable Fire Extinguishers.

(a) Scope and Application. The requirements of this Section apply to the placement, use,
maintenance, and testing of portable fire extinguishers provided for the use of employees.
Section (d) of this section does not apply to extinguishers provided for employee use on the
outside of workplace buildings or structures. Where extinguishers are provided but are not
intended for employee use and the employer has an emergency action plan and a fire prevention
plan which meet the requirements of Sections 3220 and 3221 then only the requirements of
Sections (e) and (f) of this Section apply.
(b) Exemptions.


                                                 20
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
(1) Where the employer has established and implemented a written fire safety policy which
requires the immediate and total evacuation of employees from the workplace upon the sounding
of a fire alarm signal and which includes an emergency action plan and a fire prevention plan
which meet the requirements of Sections 3220 and 3221 and when extinguishers are not
available in the workplace, the employer is exempt from all requirements of this section unless a
specific Section in Title 8 requires that a portable fire extinguisher be provided.
(2) Where the employer has an emergency action plan meeting the requirements of Section 3220
which designates certain employees to be the only employees authorized to use the available
portable fire extinguishers, and which requires all other employees in the fire area to
immediately evacuate the affected work area upon the sounding of the fire alarm, the employer is
exempt from the distribution requirements in Section (d) of this Section.
(c) General Requirements.
(1) The employer shall provide portable fire extinguishers and shall mount, locate and identify
them so that they are readily accessible to employees without subjecting the employees to
possible injury.
(2) Only approved portable fire extinguishers shall be used to meet the requirements of this
section.
(3) The employer shall not provide or make available in the workplace portable fire extinguishers
using carbon tetrachloride or chlorobromomethane extinguishing agents.
(4) The employer shall assure that portable fire extinguishers are maintained in a fully charged
and operable condition and kept in their designated places at all times except during use.
(5) The employer shall permanently remove from service by January 1, 1982, all soldered or
riveted shell self-generating soda acid or self-generating foam or gas cartridge water type
portable fire extinguishers which are operated by inverting the extinguisher to rupture the
cartridge or to initiate an uncontrollable pressure generating chemical reaction to expel the agent.
(d) Selection and Distribution.
(1) Where portable fire extinguishers are provided for employee use, they shall be selected and
distributed based on the classes of anticipated work place fires and on the size and degree of
hazard which would affect their use.
(2) The employer shall distribute portable fire extinguishers for use by employees on Class A
fires so that the travel distance for employees to any extinguisher is 75 feet (22.9m) or less.
(3) The employer may use uniformly spaced standpipe systems or hose stations connected to a
sprinkler system installed for emergency use by employees instead of Class A portable fire
extinguishers, provided that such systems meet the respective requirements of Articles 158 or
159, that they provide total coverage of the area to be protected, and that employees are trained
at least annually in their use.
(4) The employer shall distribute portable fire extinguishers for use by employees on Class B
fires so that the travel distance from the Class B hazard area to any extinguisher is 50 feet
(15.2m) or less.
(5) The employer shall distribute portable fire extinguishers used for Class C hazards on the
basis of the appropriate pattern for the existing Class A or Class B hazards.
(6) The employer shall distribute portable fire extinguishers or other containers of Class D
extinguishing agent for use by employees so that the travel distance from the combustible metal
working area to any extinguishing agent is 75 feet (22.9m) or less. Portable fire extinguishers for
Class D hazards are required in those combustible metal working areas where combustible metal


                                                21
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
powders, flakes, shavings, or similarly sized products are generated a least once every two
weeks.
(e) Inspection, Maintenance and Testing.
(1) The employer shall be responsible for the inspection, maintenance and testing of all portable
fire extinguishers in the workplace.
(2) Portable extinguishers or hose used in lieu thereof under Subsection (d)(3) of this Section
shall be visually inspected monthly.
(3) Portable fire extinguishers shall be subjected to an annual maintenance check. Stored
pressure extinguishers do not require an internal examination. The employer shall record the
annual maintenance date and retain this record for one year after the last entry or the life of the
shell, whichever is less. The record shall be available to the Chief upon request.
(4) Stored pressure dry chemical extinguishers that require a 12-year hydrostatic test shall be
emptied and subjected to applicable maintenance procedures every 6 years. Dry chemical
extinguishers having non-refillable disposable containers are exempt from this requirement.
When recharging or hydrostatic testing is performed, the 6-year requirement begins from that
date.
(5) Alternate equivalent protection shall be provided when portable fire extinguishers are
removed from service for maintenance and recharging.
(f) Hydrostatic Testing.
(1) The employer shall assure that hydrostatic testing is performed by trained persons with
suitable testing equipment and facilities.
(2) The employer shall assure that portable extinguishers are hydrostatically tested at the
intervals listed in Table L-1 of this Section, except under any of the following conditions:
(A) when the unit has been repaired by soldering, welding, brazing, or use of patching
compounds;
(B) when the cylinder or shell threads are damaged;
(C) when there is corrosion that has caused pitting, including corrosion under removable name
plate assemblies;
(D) when the extinguisher has been burned in a fire; or
(E) when a calcium chloride extinguishing agent has been used in a stainless steel shell.

            Table L-1
                                                      Test Interval
       Type of Extinguishers                          (years)

Soda acid (soldered brass shells)
(until 1/1/82).............................……..       (1)
Soda acid (stainless steel shell)...............      5
Cartridge operated water and/or antifreeze......      5
Stored pressure water and/or antifreeze.........      5
Wetting agent...................................      5
Foam (soldered brass shells) (until 1/1/82)...        (1)
Foam (stainless steel shell)....................      5
Aqueous Film Forming Foam (AFFF)................      5
Loaded stream...................................      5


                                                 22
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
Dry chemical with stainless steel...............     5
Carbon dioxide..................................     5
Dry chemical, stored pressure, with mild steel,
  brazed brass or aluminum shells..............      12
Dry chemical, cartridge or cylinder operated,
with mild steel shells.........................      12
Halon 1211.....................................      12
Halon 1301.....................................      12
Dry powder, cartridge or cylinder operated
with mild steel shells.........................      12
1
  Extinguishers having shells constructed of copper or brass joined by soft solder or rivets shall
not be hydrostatially tested and shall be removed from service by January 1, 1982 (Not
permitted).
(3) In addition to an external visual examination, the employer shall assure that an internal
examination of cylinders and shells to be tested is made prior to the hydrostatic tests.
(4) The employer shall assure that portable fire extinguishers are hydrostatically tested whenever
they show new evidence of corrosion or mechanical injury, except under the conditions listed in
subsection (f)(2)(A)-(E) of this Section.
(5) The employer shall assure that hydrostatic tests are performed on extinguisher hose
assemblies which are equipped with a shut-off nozzle at the discharge end of the hose. The test
interval shall be the same as specified for the extinguisher on which the hose is installed.
(6) The employer shall assure that carbon dioxide hose assemblies with a shut-off nozzle are
hydrostatically tested at 1,250 psi (8,620 kPa).
(7) The employer shall assure that dry chemical and dry powder hose assemblies with a shut-off
nozzle are hydrostatically tested at 300 psi (2,070 kPa).
(8) Hose assemblies passing a hydrostatic test do not require any type of recording or stamping.
(9) The employer shall assure that hose assemblies for carbon dioxide extinguishers that require
a hydrostatic test are tested within a protective cage device.
(10) The employer shall assure that carbon dioxide extinguishers and nitrogen or carbon dioxide
cylinders used with wheeled extinguishers are tested every 5 years at 5/3 of the service pressure
as stamped into the cylinder. Nitrogen cylinders which comply with 49 CFR 173.34(e)(15) may
be hydrostatically tested every 10 years.
(11) The employer shall assure that all stored pressure and Halon 1211 types of extinguishers are
hydrostatically tested at the factory test pressure not to exceed two times the service pressure.
(12) The employer shall assure that acceptable self-generating type soda acid and foam
extinguishers are tested at 350 psi (2,410 kPa).
(13) Air or gas pressure may not be used for hydrostatic testing.
(14) Extinguishers shells, cylinders, or cartridges which fail a hydrostatic pressure test, or which
are not fit for testing shall be removed from service and from the workplace.
(15) The equipment for testing compressed gas type cylinders shall be of the water jacket type.
The equipment shall be provided with an expansion indicator which operates with an accuracy
within one percent of the total expansion or 0.1cc of liquid.
(A) The equipment for testing non-compressed gas type cylinders shall consist of the following:
1. A hydrostatic test pump, hand or power operated, capable of producing not less than 150
percent of the test pressure, which shall include appropriate check valves and fittings;


                                                 23
                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
2. A flexible connection for attachment to fittings to test through the extinguisher nozzle, test
bonnet, or hose outlet, as is applicable; and
3. A protective cage or barrier for personal protection of the tester, designed to provide visual
observation of the extinguisher under test.
(16) The employer shall maintain and provide upon request to the Chief of Division evidence
that the required hydrostatic testing of fire extinguishers has been performed at the time intervals
shown in Table L-1. Such evidence shall be in the form of a certification record which includes
the date of the test, the signature of the person who performed the test and the serial number, or
the other identifier, of the fire extinguisher that was tested. Such records shall be kept until the
extinguisher is hydrostatically retested at the time interval specified in Table L-1 or until the
extinguisher is taken out of service.
(g) Training and Education.
(1) Where the employer has provided portable fire extinguishers for employee use in the
workplace, the employer shall also provide an educational program to familiarize employees
with the general principles of fire extinguisher use and the hazards involved with incipient stage
fire fighting.
(2) The employer shall provide the education required in subsection (g)(1) of this Section upon
initial employment and at least annually thereafter.
(3) The employer shall provide employees who have been designated to use fire fighting
equipment as part of an emergency action plan with training in the use of the appropriate
equipment.
(4) The employer shall provide the training required in subsection (g)(3) of this Section upon
initial assignment to the designated group of employees and at least annually thereafter.

******************************************************************************
14 CCR Section 17416.1.             Housekeeping.

The operator shall provide adequate housekeeping for the maintenance of facility equipment and
shall minimize accumulations of fuel drums, inoperable equipment, parts, tires, scrap, and
similar items.

8 CCR Section 3362.                           General Requirements. (Sanitation)
(a) To the extent that the nature of the work allows, workplaces, storerooms, personal service
rooms and passageways shall be kept clean, orderly and in a sanitary condition. The interiors,
exteriors and environs of buildings that contribute to a hazard to which these orders apply shall
be cleaned and maintained in such conditions as will not give rise to harmful exposure, as
defined in Section 5140.
(b) Cleaning and sweeping shall be done in such a manner as to minimize the contamination of
the air and, insofar as is practicable, shall be performed at such time and in such a manner that
will avoid harmful exposures as defined in Section 5140.
(c) To facilitate cleaning, every floor, workroom, personal service room and passageway shall be
kept free from protruding nails, splinters, loose boards and unnecessary holes and openings.
(d) All putrescible waste or refuse shall be stored in a receptacle so constructed that it does not
leak and may be conveniently and thoroughly cleaned. Such a receptacle shall be maintained in a



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                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
sanitary condition and shall be equipped with a tight fitting cover if it cannot be maintained in a
sanitary condition without one. (This provision does not prohibit the use of receptacles which are
designed to permit the maintenance of a sanitary condition without regard to the above
requirements.)
(e) All sweepings, putrescible wastes, refuse and garbage shall be removed in such a manner as
to avoid creating a nuisance and shall be removed as often as necessary to avoid creating a
menace to health through the development of unsanitary conditions.
(f) Every enclosed workplace and personal service room shall be equipped and maintained,
insofar as is practicable, to prevent the entrance or harborage of insects, rodents or other vermin.
An effective program of extermination and control shall be instituted whenever their presence is
detected.
******************************************************************************
14 CCR Section 17416.2.                         Lighting.

The facility and/or equipment shall be equipped with adequate lighting, either through natural or
artificial means, to ensure the ability to monitor incoming loads, effectiveness of operations,and
public health, safety and the environment.

8 CCR Section 3317.                              Illumination.

(a) Working areas, stairways, aisles, passageways, work benches and machines shall be provided
with either natural or artificial illumination which is adequate and suitable to provide a
reasonably safe place of employment. Minimum illumination levels for safety alone are listed for
various typical areas in Table IL-1. (Title 24, Part 2, Section 2-1755.)

                           TABLE IL-1
                     MINIMUM LEVELS OF ILLUMINATION FOR SAFETY

Hazards Requiring
Visual Detection                    Slight                                      High
----------------------------------------------------------------------------------------------------------
Normal Activity
Level                   Low                 High                         Low               High
----------------------------------------------------------------------------------------------------------
Areas                Storage Yards Loading Areas                 Elevators               Engine Rooms
                     Offices              Warehouses             Stairways               Processing Area
                     Locker Rooms Corridors                      Assembly Areas          Machine Shop
                                          Washrooms              Layout Areas           Sheet Metal Works
                                          Spray Booths                                   Woodworking Shops
                                          Inspection Areas
Footcandles             0.5                1.0                     2.0                       5.0
-----------------------------------------------------------------------------------------------------------
NOTE: (1) To assure these levels at all times, higher initial levels need to be provided to
compensate for their depreciation due to the decrease of light output of lamps with age and to the



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                   DRAFT - DOSH/CIWMB MOU
                    ALTERNATIVE 2 (9/23/98)
       (Proposed Additions to Alternative 1 - shown in underline)
accumulation of dirt on lamps and room surfaces.(2) For areas or operations not covered above,
and for recommended illumination levels for efficient visual performance in varied tasks and
areas, refer to ANSI A11.1-1973, Practice for Industrial Lighting and ANSI A132.1-1973,
Practice for Office Lighting.(Title 24, Part 2, Table 2-1755.1.)
(b) When adequate natural illumination or permanent artificial illumination cannot be made
available to secure the safety of employees, suitable portable lights shall be provided.
(c) Skylights, side windows, lamps, and other light accessories which provide necessary
illumination shall be kept sufficiently clean, adjusted, and repaired so as not to impair the
illumination required for the safety of employees.

******************************************************************************
14 CCR Section 17419.2.             Water Supply.

A safe and adequate water supply for drinking, and emergency use (i.e.: first aid) shall be
available.
8 CCR Section 3363.                         Water Supply.

(a) Potable water in adequate supply shall be provided in all places of employment for drinking
and washing and, where required by the employer of these orders, for bathing, cooking, washing
of food, washing of cooking and eating utensils, washing of food preparation or processing
premises, and personal service rooms. (Title 24, Part 5, Section 5-1001; Exception No. 2: (b))
(b) All sources of drinking water shall be maintained in a clean and sanitary condition. Drinking
fountains and portable drinking water dispensers shall not be located in toilet rooms. (Title 24,
Part 5, Section 5-1001; Exception No. 2: (c))
(c) Portable drinking water dispensers shall be equipped with a faucet or drinking fountain, shall
be capable of being tightly closed and shall be otherwise designed, constructed and serviced so
that sanitary conditions are maintained. Such dispensers shall be clearly marked as to their
contents.
(d) The dipping or pouring of drinking water from containers, such as from barrels, pails or
tanks, is prohibited regardless of whether or not the containers are fitted with covers.
(e) The common use of a cup, glass or other vessel for drinking purposes is prohibited.
(f) Nonpotable water shall not be used for drinking, washing, or bathing, washing of clothing,
cooking, washing of food, washing of cooking or eating utensils, washing of food preparation or
processing premises or other personal service rooms. (Title 24, Part 5, Section 5-1012 (a))
(g) Outlets for nonpotable water, such as water for industrial or fire-fighting purposes, shall be
posted in a manner understandable to all employees to indicate that the water is unsafe and shall
not be used for drinking, washing, cooking or other personal service purposes. (Title 24, Part 5,
Section 5-1012 (c))
(h) Nonpotable water systems or systems carrying any other nonpotable substance shall be
installed so as to prevent backflow or back-siphonage into a potable water system. (Title 24, Part
5, Section 5-1012 (b))
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