Labor Code — Part 12 | LAB — United States — California law | Esheria

Labor Code

Part 12 of 13 · provisions 2,201–2,400

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About this statute

This section points to other code provisions that govern preferred claims for work performed or personal services rendered. This section says the act is named the Promote Ownership by Workers for Economic Recovery Act and may be cited by that name. This section states legislative findings about worker cooperatives and says the Legislature wants to study whether a federated worker cooperative system could help advance the goals of the Future of Work Commission. This section defines two terms used in the division: “Association” and “Secretary.” A state panel must conduct a study on creating an Association of Cooperative Labor Contractors and publish it online by June 30, 2024.

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Provisions of Labor Code

Showing 200 of 2,599

  1. 7300.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    This section says certain listed equipment is not covered by this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7300.3. Equipment not covered by this chapter includes the following: (a) Material hoists within the scope of standard A10.5 as adopted by the American National Standards Institute. (b) Mobile scaffolds, towers, and platforms within the scope of standard A92 as adopted by the American National Standards Institute. (c) Powered platforms and equipment for exterior and interior maintenance within the scope of standard 120.1 as adopted by the American National Standards Institute. (d) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of standard B30 as adopted by the American Society of Mechanical Engineers. (e) Industrial trucks within the scope of standard B56 as adopted by the American Society of Mechanical Engineers. (f) Portable equipment, except for portable escalators that are covered by standard A17.1 as adopted by the American National Standards Institute. (g) Tiering or piling machines used to move materials to and from storage located and operating entirely within one story. (h) Equipment for feeding or positioning materials, including that equipment used with machine tools or printing presses. (i) Skip or furnace hoists. (j) Wharf ramps. (k) Railroad car lifts or dumpers. (l) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing a conveyance by a contractor licensed in this state. (Amended by Stats. 2004, Ch. 503, Sec. 2. Effective January 1, 2005.)
  2. 7300.4.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    This chapter does not apply to certain work that is outside conveyance safety standards, including some routine nonmechanical maintenance.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7300.4. This chapter does not apply to work that is not related to standards for conveyances that are (a) incorporated in codes promulgated by the American National Standards Institute or the American Society of Mechanical Engineers or (b) included in regulations of the division, in effect immediately prior to January 1, 2003, prescribing conveyance safety orders. Work exempted pursuant to this section includes, but is not limited to, routine nonmechanical maintenance, such as cleaning panels and changing light fixtures. (Amended by Stats. 2004, Ch. 503, Sec. 3. Effective January 1, 2005.)
  3. 7301.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    A conveyance cannot be operated unless it has a valid permit from or on behalf of the division, and the permit is kept posted conspicuously on the conveyance.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7301. No conveyance shall be operated in this state unless a permit for its operation is issued by or in behalf of the division, and unless the permit remains in effect and is kept posted conspicuously on the conveyance. Operation of a conveyance without a permit or failure to post the permit conspicuously shall constitute cause for the division to prohibit use of the conveyance, unless it can be shown that a request for issuance or renewal of a permit has been made and the request has not been acted upon by the division. (Amended by Stats. 2002, Ch. 1149, Sec. 8. Effective January 1, 2003.)
  4. 7301.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    A permit is required before erecting, constructing, installing, or materially altering a conveyance, and the permit must be kept on site and shown on request.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7301.1. (a) On and after June 30, 2003, no conveyance may be erected, constructed, installed, or materially altered, as defined by regulation of the division, unless a permit has been obtained from the division before the work is commenced. A copy of the permit shall be kept at the construction site at all times while the work is in progress and shall be made available for inspection upon request. This section shall not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317. (b) Before March 1, 2003, the division shall establish an application procedure and all requirements for a permit under this section, which shall include the following: (1) At a minimum, the applicant for a permit under this section shall meet all of the following requirements: (A) The applicant shall hold a current elevator contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (B) The applicant shall be a certified qualified conveyance company. (C) The applicant shall submit proof of the following types of insurance coverage, in the form of certified copies of policies or certificates of insurance: (i) Liability insurance to provide general liability coverage of not less than one million dollars ($1,000,000) for the injury or death of any one person or persons in any one occurrence, with coverage of not less than five hundred thousand dollars ($500,000) for property damage in any one occurrence. (ii) Workers’ compensation insurance coverage. (D) In the event of any material alteration, nonrenewal, or cancellation of any insurance required by this subparagraph, the applicant or permitholder shall submit written notice thereof to the division within five working days. (2) At a minimum, each application for a permit under this section shall include all of the following: (A) Copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated, or altered; and all structural supporting members thereof, including foundations. The plans and specifications shall identify all materials to be employed and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design. (B) The name, residence, and business address of the applicant and each partner, or for a corporation, the principal officers and anyone who is authorized to accept service of process or official notices; the number of years the applicant has engaged in the business of constructing, erecting, installing, or altering conveyances; and the approximate number of persons to be employed on the permitted job. (C) The permit fee. (3) The division shall establish, and may from time to time amend, a fee for a permit under this section in an amount sufficient to defray the division’s actual costs in administering the permit process, including the costs of investigation, revocation, or other associated costs. Permit fees collected by the division are nonrefundable. (c) (1) The permit shall expire when the work authorized by that permit is not commenced within six months after the date of issuance, or within a shorter period as the division may specify at the time the permit is issued. (2) The permit shall expire following commencement of work, if the permitholder suspends or abandons the work for a period of 60 days, or for a shorter period of time as the division may specify at the time the permit is issued. (3) Upon application and for good cause shown, the division may extend a permit that would otherwise expire under this subdivision. (d) The division may revoke any permit at any time, upon good cause, and after notice and an opportunity to be heard. (Amended by Stats. 2004, Ch. 503, Sec. 4. Effective January 1, 2005.)
  5. 7301.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    The standards board must adopt conveyance regulations, and the division must set certification procedures and issue or renew emergency or temporary mechanic certificates when the stated conditions are met.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7301.5. (a) The standards board shall adopt regulations pertaining to conveyances, including, but not limited to, conveyance emergency and signal devices, and the operation of conveyances under fire and other emergency conditions. (b) Before January 1, 2003, the division shall establish an application procedure and all requirements for certification under this subdivision as an emergency certified competent conveyance mechanic. To ensure the safety of the public when a disaster or other emergency exists within the state and the number of certified competent conveyance mechanics in the state is insufficient to cope with the emergency, any certified qualified conveyance company may, within five business days after commencing work requiring certified competent conveyance mechanics, apply to the division, on behalf of all persons performing the work who are not certified competent conveyance mechanics, for certification as emergency certified competent conveyance mechanics. Any person for whom emergency certification is sought under this subdivision shall be certified by a certified qualified conveyance company to have an acceptable combination of documented experience and education to perform work covered by this chapter without direct and immediate supervision. The certified qualified conveyance company shall furnish proof of competency as the division may require. The division shall issue an emergency certified competent conveyance mechanic certificate upon receipt of acceptable documentation and payment of the required fee. Each certificate issued pursuant to this subdivision shall recite that it is valid for a period of 30 days from the date of issuance and for those particular conveyances and geographical areas as the division may designate, and otherwise shall entitle the person being certified to the rights and privileges of a certified competent conveyance mechanic as set forth in this chapter. The division shall renew an emergency certified competent conveyance mechanic certificate during the existence of the emergency. (c) Before January 1, 2004, the division shall establish an application procedure and all requirements for certification under this subdivision as a temporary certified competent conveyance mechanic. If there are no certified qualified conveyance mechanics available to perform elevator work, a certified qualified conveyance company may apply to the division for certification of one or more temporary certified competent conveyance mechanics. Any person seeking to work as a temporary certified competent conveyance mechanic shall, before beginning work, be approved by the division as having an acceptable combination of documented experience and education to perform work covered by this chapter without direct and immediate supervision. The certified qualified conveyance company shall furnish proof of competency as the division may require. The division may issue a temporary certified competent conveyance mechanic certificate upon acceptable documentation and payment of the required fee. Each certificate issued pursuant to this subdivision shall recite that it is valid for a period of 30 days from the date of issuance and while the certificate holder is employed by the certified qualified conveyance company that certified the individual as competent. The certificate shall be renewable as long as the shortage of certified competent conveyance mechanics continues. (Amended by Stats. 2004, Ch. 503, Sec. 5. Effective January 1, 2005.)
  6. 7302.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    Operating a conveyance without a permit is a misdemeanor for the person in control of it, with fines and possible short jail time.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7302. The operation of a conveyance without a permit by any person owning or having the custody, management, or control of the operation of the conveyance, is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than 10 days, or by both that fine and imprisonment. Each day of operation for each conveyance without a permit is a separate offense. Any person who has requested the issuance or renewal of a permit if the request has not been acted upon by the division may not be prosecuted for a violation of this section. (Repealed and added by Stats. 2002, Ch. 1149, Sec. 12. Effective January 1, 2003.)
  7. 7302.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    A person, employer, or contractor who does conveyance work without the required permit commits a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7302.1. (a) Any person who contracts for or authorizes the erection, construction, installation, or material alteration of a conveyance without a permit in violation of Section 7301.1 is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (b) Any employer or contractor who contracts for or engages in the erection, construction, installation, or material alteration of a conveyance without a permit in violation of Section 7301.1 is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (Added by Stats. 2002, Ch. 1149, Sec. 13. Effective January 1, 2003.)
  8. 7302.2.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    The division may assess a civil penalty of up to $70,000 for work on a conveyance done without the permit required by Section 7301.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7302.2. The division may assess a civil penalty of not more than seventy thousand dollars ($70,000) against any person, and against any employer or contractor, who contracts for or authorizes the erection, construction, installation, or material alteration of a conveyance without a permit issued pursuant to Section 7301.1. (Added by Stats. 2002, Ch. 1149, Sec. 14. Effective January 1, 2003.)
  9. 7303.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    If a conveyance is running without a valid permit and is dangerous, the division or an affected person may ask the superior court for an injunction to stop it. The division does not need to post a bond, and intentional violation of the injunction can trigger a civil penalty.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7303. (a) Whenever any conveyance is operated without a current valid permit issued pursuant to Section 7304, and is in a condition that its use is dangerous to the life or safety of any person, the division or any affected person may apply to the superior court of the county in which the conveyance is located for an injunction restraining the operation of the conveyance until the condition is corrected. Proof by certification of the division that a permit has not been issued, has expired, or has been revoked, together with the affidavit of any safety inspector of the division or other expert that the operation of the conveyance is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order. (b) No bond shall be required from the division as a prerequisite for the division to seek or obtain any restraining order under subdivision (a). (c) Any person who intentionally violates any injunction prohibiting the operation of the conveyance issued pursuant to subdivision (a) shall be liable for a civil penalty, to be assessed by the division, not to exceed seven thousand dollars ($7,000) for each violation. Each day of operation for each conveyance is a separate violation. (Amended by Stats. 2002, Ch. 1149, Sec. 15. Effective January 1, 2003.)
  10. 7304.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    The division must inspect all conveyances at least once a year, unless subdivision (b) applies. If a conveyance is safe, the division must issue a permit for up to one year. If it is under a full maintenance service contract, the division may issue a permit for up to two years after investigation and inspection.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7304. (a) Except as provided in subdivision (b), the division shall cause all conveyances to be inspected at least once each year. If a conveyance is found upon inspection to be in a safe condition for operation, a permit for operation for not longer than one year shall be issued by the division. (b) If a conveyance is subject to a full maintenance service contract, the division may, after investigation and inspection, issue a permit for operation for not longer than two years. (Amended by Stats. 2004, Ch. 183, Sec. 265. Effective January 1, 2005.)
  11. 7305.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    If an inspection shows a conveyance is unsafe, the division may order repairs or alterations and may stop the conveyance from being used until the problem is fixed.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7305. If inspection shows that a conveyance is in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the conveyance that are necessary to render it safe, and may prohibit its operation or use until the repairs or alterations are made or the unsafe conditions are removed. (Amended by Stats. 2002, Ch. 1149, Sec. 17. Effective January 1, 2003.)
  12. 7306.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    If a preliminary order has not been complied with, a hearing before the division must be allowed on request.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7306. Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in charge of the conveyance may appear and show cause why he or she should not comply with the order. (Amended by Stats. 2002, Ch. 1149, Sec. 18. Effective January 1, 2003.)
  13. 7307.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    The division may withhold a permit and impose repair or alteration requirements for an unsafe conveyance. A person in control of a conveyance must not operate it while a repair order is outstanding; doing so is a misdemeanor with fines and possible jail time.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7307. (a) If it thereafter appears to the division that the conveyance is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make the conveyance safe, the division may order or confirm the withholding of the permit and may impose requirements as it deems proper for the repair or alteration of the conveyance or for the correction of the unsafe condition. The order may thereafter be reheard by the division or reviewed by the courts in the manner specified for safety orders by Part 1 (commencing with Section 6300) of this division, and not otherwise. (b) The operation of a conveyance by any person owning or having the custody, management, or control of the operation thereof, while an order to repair is outstanding pursuant to subdivision (a), is a misdemeanor punishable by a fine of not more than seven thousand dollars ($7,000), by imprisonment in the county jail for not more than 30 days, or by both that fine and imprisonment. Each day of operation for each conveyance without a permit is a separate offense. (Amended by Stats. 2002, Ch. 1149, Sec. 19. Effective January 1, 2003.)
  14. 7308.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division may issue a temporary permit to operate a conveyance during repairs or alterations if operation is not immediately dangerous to people.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7308. If the operation of a conveyance during the making of repairs or alterations is not immediately dangerous to the safety of persons, the division may issue a temporary permit for its operation for a period not to exceed 30 days during the making of repairs or alterations. (Amended by Stats. 2002, Ch. 1149, Sec. 20. Effective January 1, 2003.)
  15. 7309.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division may have the required inspection done by its safety inspectors or by a qualified elevator inspector employed by an insurance company.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7309. The division may cause the inspection herein provided for to be made either by its safety inspectors or by any qualified elevator inspector employed by an insurance company. (Amended by Stats. 1945, Ch. 1431.)
  16. 7309.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    From June 30, 2003, only a conveyance inspector employed by the division or certified by the division may reinspect a conveyance covered by this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7309.1. (a) On and after June 30, 2003, no conveyance subject to this chapter shall be reinspected by any person unless the person is a conveyance inspector employed by the division or certified as qualified by the division. (b) Before March 1, 2003, the division shall establish an application procedure and all requirements for the certification of conveyance inspectors. Each application for certification shall include information as the division may require and the applicable fee. At a minimum, the applicant shall present proof of certification as a qualified conveyance inspector by the American Society of Mechanical Engineers or proof of education and experience equivalent to what is required to obtain that certification from the American Society of Mechanical Engineers. (Amended by Stats. 2004, Ch. 503, Sec. 6. Effective January 1, 2005.)
  17. 7310.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division may issue a permit based on a municipal conveyance inspector’s certificate and proof that the municipality’s safety requirements meet the board’s minimum requirements.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7310. The division may also issue its permit or a permit may be issued on its behalf based upon a certificate of inspection issued by a conveyance inspector of any municipality, upon proof to the satisfaction of the division that the safety requirements of the municipality are equal to the minimum safety requirements for conveyances adopted by the board. (Amended by Stats. 2004, Ch. 503, Sec. 7. Effective January 1, 2005.)
  18. 7311.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    People who inspect conveyances must first get a certificate of competency from the division.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7311. All persons inspecting conveyances shall first secure from the division a certificate of competency to make those inspections. The division may determine the competency of any applicant for the certificate, either by examination or by other satisfactory proof of qualifications. The division may rescind at any time, upon good cause being shown therefor, and after hearing, if requested, any certificate of competency issued by it to a conveyance inspector. (Amended by Stats. 2004, Ch. 503, Sec. 8. Effective January 1, 2005.)
  19. 7311.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    Conveyance work generally may only be done by a division-certified qualified conveyance company, and the company must keep the certificate on site, show insurance proof before bidding or working, and disclose its status before bidding or contracting.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7311.1. (a) On and after June 30, 2003, no conveyance subject to this chapter shall be erected, constructed, installed, materially altered, tested, maintained, repaired, or serviced by any person, firm, or corporation unless the person, firm, or corporation is certified by the division as a certified qualified conveyance company. A copy of the certificate shall be kept at the site of the conveyance at all times while any work is in progress, and shall be made available for inspection upon request. However, certification under this section is not required for removing or dismantling conveyances that are destroyed as a result of the complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and no access is permitted that would endanger the safety of any person. This section does not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317. (b) Before March 1, 2003, the division shall establish an application procedure and all requirements for certification under this section as a certified qualified conveyance company, consistent with this section. At a minimum, the individual qualifying on behalf of a corporation, the owner on behalf of a sole ownership, or the partners on behalf of a partnership, shall meet either of the following requirements: (1) Five years’ work experience at a journeyperson level in the conveyance industry in construction, installation, alteration, testing, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be verified by current and previously licensed elevator contractors or by current and previously certified qualified conveyance companies. (2) Satisfactory completion of a written examination administered by the division on the most recent applicable codes and standards. (c) At a minimum, each application for certification as a certified qualified conveyance company shall include: (1) The name, residence and business address, and telephone numbers and other means to contact the sole owner or each partner, or for a corporation of the principal officers and the individual qualifying for the corporation; the number of years the applicant business has engaged in the business of constructing, maintaining, and service and repair of conveyances; and other information as the division may require. (2) The fee required by this chapter. (d) Before bidding for or engaging in any work covered by this chapter, a certified qualified conveyance company shall submit proof to the division by certified copies of policies or certificates of insurance, of all of the following: (1) Liability insurance providing general liability coverage of not less than one million dollars ($1,000,000) for injury or death of any one person or persons in any one occurrence, with coverage of not less than five hundred thousand dollars ($500,000) for property damage of any one person or persons in any one occurrence. (2) Workers’ compensation insurance coverage. (3) In the event of any material alteration or cancellation of any policy specified in paragraph (1) or (2), the certified qualified conveyance company shall provide written notice thereof to the division within five working days. (e) An elevator company subject to this chapter shall disclose its status as a certified qualified conveyance company prior to bidding on a project or prior to contracting for services. The disclosure shall be in writing and located in a conspicuous place on the bid documents or contract in at least 10-point type. (Amended by Stats. 2009, Ch. 196, Sec. 1. (SB 478) Effective January 1, 2010.)
  20. 7311.2.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    Certain people doing unsupervised conveyance work must be certified by the division as certified competent conveyance mechanics.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7311.2. (a) On and after June 30, 2003, except as provided in subdivisions (b) and (c) of Section 7301.5, any person who, without supervision, erects, constructs, installs, alters, tests, maintains, services or repairs, removes, or dismantles any conveyance covered by this chapter, shall be certified as a certified competent conveyance mechanic by the division. This section does not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317. (b) Before March 1, 2003, the division shall establish an application procedure and all requirements for certification under this section as a certified competent conveyance mechanic, consistent with all of the following: (1) At a minimum, a certified competent conveyance mechanic applicant shall meet both of the following requirements: (A) Three years’ work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be verified by current and previously licensed elevator contractors or by current and previously certified qualified conveyance companies, as required by the division. (B) One of the following: (i) Satisfactory completion of a written examination administered by the division on the most recent applicable codes and standards. (ii) A certificate of completion and successfully passing the mechanic examination of a nationally recognized training program for the conveyance industry, such as the National Elevator Industry Educational Program or its equivalent. (iii) A certificate of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and which program shall be registered with the Bureau of Apprenticeship and Training of the United States Department of Labor or a state apprenticeship council. (iv) A certificate or license from another state having standards substantially equal to or more comprehensive than those of this chapter. (v) The applicant applies on or before December 31, 2003, and within the three years immediately prior to January 1, 2003, has documented at least three years of actual work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be as a journey-level mechanic working without direct and immediate supervision, and shall be verified by currently and previously licensed conveyance contractors or by current and previously certified qualified conveyance companies, as required by the division. (2) At a minimum, each application for certification as a certified competent conveyance mechanic shall include the information required by the division and the fee required by this chapter. (Amended by Stats. 2004, Ch. 503, Sec. 10. Effective January 1, 2005.)
  21. 7311.25.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    Owners or operators of certain agricultural facilities may designate an employee to work on manlifts if the manlifts are maintained and inspected under the applicable Elevator Safety Orders.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7311.25. (a) The following meanings apply for purposes of this section: (1) “Agricultural production, processing, and handling facilities” includes grain elevators, feed mills, flour mills, rice mills, rice dryers, and other similar facilities. (2) “Applicable Elevator Safety Orders” means the Elevator Safety Orders referenced in Subchapter 6 (commencing with Section 3000) of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations, and any successors to those orders. (b) Notwithstanding Section 7311.2 or any other provision of this chapter, an owner or operator of agricultural production, processing, and handling facilities may designate a competent person in his or her employ to maintain, repair, service, lubricate, or test manlifts installed and used at the facilities if the manlifts are maintained and inspected in accordance with applicable Elevator Safety Orders. The designated competent person need not be a certified competent conveyance mechanic. (Added by Stats. 2009, Ch. 196, Sec. 2. (SB 478) Effective January 1, 2010.)
  22. 7311.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    This section sets a two-year term for certain conveyance certificates, requires continuing education for renewal, and lets a temporarily disabled certificate holder seek a waiver.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7311.3. (a) A certificate issued by the division to the certified qualified conveyance inspector, certified qualified conveyance company, or certified competent conveyance mechanic as set forth in Sections 7309.1, 7311.1, and 7311.2, shall have a term of two years. The fee for biennial renewal shall be established by the division in an amount sufficient to defray the division’s costs of administering this chapter. (b) The renewal of all certificates issued under this chapter shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of certificate holders on new and existing provisions of the regulations of the board. This continuing education course shall consist of not less than eight hours of instruction that shall be attended and completed within one year immediately preceding any certificate renewal. (c) The courses shall be taught by instructors through continuing education providers that may include, but not be limited to, division programs, association seminars, and joint labor-management apprenticeship and journeyman upgrade training programs. The division shall approve the continuing education providers and curriculum. All instructors shall be approved by the division and shall be exempt from the requirements of subdivision (b), provided that the applicant is qualified as an instructor at any time during the one-year period immediately preceding the scheduled date for renewal. (d) A certificate holder who is unable to complete the continuing education course required under this section prior to the expiration of his or her certificate due to a temporary disability may apply for a waiver from the division. Waiver applications shall be submitted to the division on a form provided by the division. Waiver applications shall be signed and accompanied by a declaration signed by a competent physician attesting to the applicant’s temporary disability. Upon the termination of the temporary disability, the certificate holder shall submit to the division a declaration from the same physician, if practicable, attesting to the termination of the temporary disability, and a waiver sticker, valid for 90 days, shall be issued to the certificate holder and affixed to his or her certificate. (e) Continuing education providers approved by the division shall keep uniform records, for a period of 10 years, of attendance of certificate holders, following a format approved by the division. These records shall be available for inspection by the division at its request. Approved continuing education providers shall keep secure all attendance records and certificates of completion. Falsifying or knowingly allowing another to falsify attendance records or certificates of completion of continuing education provided pursuant to this section shall constitute grounds for suspension or revocation of the approval required under this section. (Amended by Stats. 2004, Ch. 503, Sec. 11. Effective January 1, 2005.)
  23. 7311.4.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division must set certification application fees under this chapter, and it may base them on direct and indirect administrative costs. Fees collected under this chapter are nonrefundable.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7311.4. (a) The division shall establish fees for initial and renewal applications for certification under this chapter as a certified qualified conveyance inspector, certified qualified conveyance company, or certified competent conveyance mechanic based upon the costs to the division of administering the certification and licensing program in this chapter, including the cost of developing and administering any tests as well as any costs related to continuing education, investigation, revocation, or other associated costs. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter. (b) Fees collected pursuant to this chapter are nonrefundable. (Amended by Stats. 2016, Ch. 31, Sec. 196. (SB 836) Effective June 27, 2016.)
  24. 7311.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    This section limits special certification for certain crane-related elevator work to specific experience-based qualifications and restricts what certified persons may do.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7311.5. (a) A person, firm, or corporation that maintains and repairs solely special purpose personnel elevators on cranes that utilize a rack and pinion system in marine terminals as part of crane maintenance activities qualifies as a certified qualified conveyance company under Section 7311.1 if the individual qualifying individually or on behalf of the firm or corporation has five years’ work experience at a journeyperson level in the crane maintenance industry, including experience in the maintenance and repair of crane elevators. This experience shall be verified by a person, firm, or corporation in the business of maintaining and repairing cranes in marine terminals. (b) A person qualifies as a certified competent conveyance mechanic under Section 7311.2 if the person has three years’ work experience in the crane maintenance industry, including experience in the maintenance and repair of crane elevators, as a journey-level mechanic without direct and immediate supervision. This experience shall be verified by a crane maintenance company approved as a certified qualified conveyance company pursuant to subdivision (a). (c) The certifications obtained pursuant to this section may only be used for the limited purposes of maintaining and repairing special purpose personnel elevators on cranes that utilize a rack and pinion system in marine terminals. (d) A person, firm, or corporation that qualifies for certification as a certified qualified conveyance company or certified competent conveyance mechanic is not authorized to perform any of the following procedures: (1) Any work on a conveyance other than a special purpose personnel elevator on cranes that utilize a rack and pinion system in marine terminals. (2) Any work related to new elevator installations. (3) Any modifications or alterations of existing elevator systems. (4) Testing or replacing of emergency brakes, centrifugal brakes, emergency safety devices, or electrical systems. (5) Annual certifications of any type of conveyance or elevator. (e) The certifications authorized by this section require experience but do not require an examination because the general examination given pursuant to this chapter is inapplicable to the work described in this section. The division is not required to set up specialty examinations to certify persons pursuant to this chapter. (f) For purposes of this section, the following terms shall have the following meanings: (1) “Special purpose personnel elevators” shall have the same meaning as defined in Section 3085 of Title 8 of the California Code of Regulations. (2) “Marine terminal” shall have the same meaning as used in Section 3460 of Title 8 of the California Code of Regulations. (g) Nothing in this section exempts a person, firm, or corporation applying for certification as a certified qualified conveyance company or a certified competent conveyance mechanic under this section from paying the administration fees required under this chapter. (Added by Stats. 2006, Ch. 448, Sec. 1. Effective January 1, 2007.)
  25. 7312.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division may revoke a conveyance operating permit if there is good cause, after notice and an opportunity to be heard.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7312. The division may at any time, upon good cause being shown therefor, and after notice and an opportunity to be heard, revoke any permit to operate a conveyance. (Amended by Stats. 2002, Ch. 1149, Sec. 28. Effective January 1, 2003.)
  26. 7313.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    A conveyance inspector must send the inspection report to the division within 21 days after the inspection, using forms provided by the division.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7313. Each conveyance inspector shall, within 21 days after he or she makes an inspection, forward to the division on forms provided by it, a report of the inspection. Failure to comply with this section shall be grounds for the division to cancel his or her certificate. (Amended by Stats. 2004, Ch. 503, Sec. 13. Effective January 1, 2005.)
  27. 7314.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division must set and collect conveyance inspection fees, and late payment can trigger a 100% penalty fee and possible prohibition on use of the conveyance.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7314. (a) The division shall, subject to subdivision (f), fix and collect fees for the inspection of conveyances as it determines to be necessary to cover the costs to the division of administering the inspection and permitting programs in this chapter, including fees for necessary subsequent inspections to determine if applicable safety orders have been complied with and for field consultations. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter, including the costs related to regulatory development as required by Section 7323. (b) Notwithstanding Section 6103 of the Government Code, the division may collect the fees authorized by subdivision (a) from the state or any county, city, district, or other political subdivision. (c) Whenever a person owning or having the custody, management, or operation of a conveyance fails to pay the fees required under this chapter within 60 days after the date of notification, he or she shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of the fee. Failure to pay fees within 60 days after the date of notification constitutes cause for the division to prohibit use of the conveyance. (d) (1) Any fees required pursuant to this section shall, except as otherwise provided in paragraph (2), be set forth in regulations that shall be adopted as emergency regulations. These emergency regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). These regulations shall become effective immediately upon filing with the Secretary of State. (2) A suspension or reduction of fees pursuant to subdivision (f) is not required to be set forth in a regulation. (e) For purposes of this section, the date of the invoice assessing a fee pursuant to this section shall be considered the date of notification. (f) (1) For the 2015–16 fiscal year, the fees for the annual and biennial inspection of conveyances required by Section 7304 are suspended on a one-time basis. (2) For the 2016–17 fiscal year, and for every fiscal year thereafter, the Director of Industrial Relations, upon concurrence of the Department of Finance, may suspend or reduce the fees for the annual and biennial inspections of conveyances required by Section 7304 on a one-time basis for that fiscal year in order to reduce the amount of moneys in the Elevator Safety Account. (Amended by Stats. 2016, Ch. 31, Sec. 197. (SB 836) Effective June 27, 2016.)
  28. 7315.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division generally cannot charge an inspection fee when the listed inspection and report conditions are met, may charge a processing/permit fee, and may issue a temporary permit before fee payment is received.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7315. Fees shall be paid before the issuance of any permit to operate a conveyance, but a temporary permit may be issued pending receipt of fee payment. The division shall not charge an inspection fee if an inspection has been made by an inspector of an insurance company or municipality who holds a certificate as a conveyance inspector and an inspection report is filed with the division within 21 days after inspection is made. The division may charge a fee for processing and issuing the permit to operate. (Amended by Stats. 2016, Ch. 31, Sec. 198. (SB 836) Effective June 27, 2016.)
  29. 7316.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division must deposit collected fees into the Elevator Safety Account, set the criteria for fee charges, prepare an annual report, and file it with specified state entities.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7316. All fees collected by the division under this chapter shall be paid into the Elevator Safety Account which is hereby created for the administration of the division’s conveyance safety program. The division shall establish criteria upon which fee charges are based and prepare an annual report concerning revenues obtained and expenditures appropriated for the conveyance safety program. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, and the Department of Finance. (Amended by Stats. 2004, Ch. 503, Sec. 15. Effective January 1, 2005.)
  30. 7317.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    Some conveyances are exempt from this chapter, but certain exempt conveyances must still be inspected by the division after installation and before service or after major alterations.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7317. (a) Except as provided in subdivision (b), the following conveyances are exempt from this chapter: (1) Conveyances under the jurisdiction of the United States government. (2) Conveyances located in a single-unit private home and not accessible to the public. (3) Conveyances located in a multiunit residential building serving no more than two dwelling units and not accessible to the public. (b) Conveyances otherwise exempted pursuant to paragraph (3) of subdivision (a) shall be inspected by the division upon completion of installation prior to being placed in service or after major alterations. The inspection shall be for safety and compliance with orders or regulations applicable to the type of conveyance installed. (Amended by Stats. 2002, Ch. 1149, Sec. 33. Effective January 1, 2003.)
  31. 7318.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    This section says this chapter does not limit the division’s power to issue or enforce general or special safety orders.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7318. Nothing in this chapter limits the authority of the division to prescribe or enforce general or special safety orders. (Amended by Stats. 2002, Ch. 1149, Sec. 34. Effective January 1, 2003.)
  32. 7319.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    Passenger elevators must have a suitable seat for the operator in charge.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7319. All elevators used for the carriage of passengers shall be provided with a suitable seat for the operator in charge. Failure to comply with this section is a misdemeanor punishable by a fine not exceeding fifty dollars ($50) for each offense. (Amended by Stats. 1983, Ch. 1092, Sec. 224. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  33. 7320.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division may impose a civil penalty of up to $1,000 on a person who operates a conveyance without a permit or does not conspicuously post the permit.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7320. The division may assess a civil penalty not to exceed one thousand dollars ($1,000) against any person owning or having custody, management, or control of the operation of a conveyance, who operates the conveyance without a permit or who fails to conspicuously post the permit in the conveyance. No penalty shall be assessed against any person who has requested the issuance or renewal of a permit and the request has not been acted upon by the division. (Amended by Stats. 2002, Ch. 1149, Sec. 35. Effective January 1, 2003.)
  34. 7321.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division may impose civil penalties up to $70,000 for dangerous or unauthorized conveyance operations, and must issue a use-prohibition order for certain permitless construction or alteration cases.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7321. (a) The division may assess a civil penalty not to exceed seventy thousand dollars ($70,000) against any person owning or having custody, management, or control of the operation of a conveyance, who operates or permits the operation of the conveyance in a condition that is dangerous to the life or safety of any person, or who operates or permits the operation of the conveyance in violation of an order prohibiting use issued pursuant to Section 7301, 7305, or 7314. (b) The division shall issue an order prohibiting use and may assess a civil penalty not to exceed seventy thousand dollars ($70,000) against any person who constructs, installs, or materially alters a conveyance without a permit issued pursuant to Section 7301.1 that is dangerous to the life or safety of any person. (Amended by Stats. 2002, Ch. 1149, Sec. 36. Effective January 1, 2003.)
  35. 7321.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division must enforce Sections 7320 and 7321 by issuing a citation and notice of civil penalty, and affected conveyance operators may appeal to the Occupational Safety and Health Appeals Board.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7321.5. The division shall enforce Sections 7320 and 7321 by issuance of a citation and notice of civil penalty in a manner consistent with Sections 6317 and 6319. Any person owning or having custody, management, or control of the operation of a conveyance who receives a citation and notice of civil penalty may appeal to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319. (Amended by Stats. 2002, Ch. 1149, Sec. 37. Effective January 1, 2003.)
  36. 7322.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    A person affected by a prohibition order may contest it and request a hearing, which must be held within 10 working days. It is also a misdemeanor to use a conveyance after a required notice is posted, or to remove or damage the notice without division authority.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7322. (a) Once an authorized representative of the division has issued an order prohibiting the use of a conveyance as specified in Sections 7301, 7305, 7314, or subdivision (b) of Section 7321, the person owning or having custody, management, or operation of the conveyance may contest the order and shall be granted, upon request, a hearing to review the validity of the order. The hearing shall be held no later than 10 working days following receipt of the request for hearing. (b) After a notice is attached as provided in Section 7305 or subdivision (b) of Section 7321, every person who enters or uses, or directs or causes another to enter or use, any conveyance before it is made safe, or who defaces, destroys, or removes the notice without the authority of the division, is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (c) After a notice is attached for failure to comply with the requirements of Section 7301 or 7314, every person who enters or uses, or directs or causes another to enter or use, any conveyance before it is made safe, or who defaces, destroys, or removes the notice without the authority of the division, is guilty of a misdemeanor punishable by a fine of not more than seven thousand dollars ($7,000), imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. (Amended by Stats. 2002, Ch. 1149, Sec. 38. Effective January 1, 2003.)
  37. 7323.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    The division must propose elevator and related conveyance regulations to the standards board, and the standards board must adopt them.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7323. The division shall propose to the standards board for review, and the standards board shall adopt, regulations for the equipment covered by this chapter. Not later than December 31, 2003, the division shall propose final rulemaking proposals to the standards board for review and adoption, which shall include provisions at least as effective as ASME A17.1, ASME A17.3, ASME A18.1, and ASCE 21, as in effect prior to September 30, 2002. Not later than nine months after the effective date of any revision or any substantive revision to any addendum to these codes, the division shall propose additional final rulemaking proposals to the standards board for review and adoption at least as effective as those in the revised code or addendum. The standards board shall notice the division’s final rulemaking proposals for public hearing within three months of their receipt and shall adopt the proposed regulations promptly and in accordance with subdivision (b) of Section 11346.4 of the Government Code. (Added by Stats. 2002, Ch. 1149, Sec. 39. Effective January 1, 2003.)
  38. 7324.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    Certified individuals, firms, or companies must ensure conveyance installation, service, and maintenance comply with the State Fire Prevention and Building Code and standards referenced in that code.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7324. Individuals, firms, or companies certified as described in this chapter shall ensure that installation, service, and maintenance of conveyances are performed in compliance with the provisions contained in the State Fire Prevention and Building Code and with generally accepted standards referenced in that code. (Amended by Stats. 2004, Ch. 503, Sec. 16. Effective January 1, 2005.)
  39. 7324.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    This chapter does not reduce the responsibility or liability of people or companies involved with covered conveyances for damage caused by a defect.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7324.1. This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, testing, or repairing any conveyance or other related mechanisms covered by this chapter for damages to any person or property caused by any defect therein. (Added by Stats. 2002, Ch. 1149, Sec. 41. Effective January 1, 2003.)
  40. 7324.2.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

    Verify source ↗

    This section says the chapter’s added or amended provisions do not apply retroactively, and equipment covered by the chapter must meet the standards in effect when it was installed or the board’s ASME A17.3 compliance period, whichever is stricter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7324.2. The provisions of this chapter added or amended by the act enacting this section shall not be applied retroactively. Equipment subject to this chapter shall be required to comply with the applicable standards in effect on the date of its installation or within the period determined by the board for compliance with ASME A17.3, whichever is more stringent. (Added by Stats. 2002, Ch. 1149, Sec. 42. Effective January 1, 2003.)
  41. 7325.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. )

    Verify source ↗

    This section defines “building” for this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. ) ## 7325. “Building,” as used in this chapter, means any building three stories or more in height, and whether heretofore constructed or hereafter to be constructed, including commercial buildings of all types, office buildings, apartment houses, hotels and buildings used for manufacturing purposes, but excluding dwelling houses occupied by not more than three families, and excluding all buildings constructed with windows that may be, and are, entirely washed and cleaned from inside the building or from a sitting position on the window sill in the manner provided by safety orders issued, or which may be issued from time to time, by the division. (Amended by Stats. 1945, Ch. 1431.)
  42. 7326.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. )

    Verify source ↗

    Window safety devices must be attached to the outside sills or frames of windows on buildings, and the division must approve them before installation.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. ) ## 7326. There shall be securely attached to the outside window sills or frames of the window of any building, rings, bolts, lugs, fittings, or other devices to which may be fastened safety belts or other devices to be used, or which may hereafter be used by persons engaged in cleaning windows. The division shall, prior to the installation of any such bolts, lugs, rings, fittings, or other devices, approve such bolts, lugs, rings, fittings, or other devices as to their design, durability, and safety. Except as provided in Section 18930 of the Health and Safety Code, the division shall by appropriate rules and orders designate the manner in which said safety devices are to be attached, installed, and used. (Amended by Stats. 1979, Ch. 1152.)
  43. 7327.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. )

    Verify source ↗

    The division may approve other devices or means instead of the Section 7326 safety devices if they effectively protect people cleaning windows.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. ) ## 7327. In lieu of the safety devices enumerated in Section 7326, the division may approve the installation or use of any other devices or means which will effectively safeguard persons engaged in cleaning windows. (Amended by Stats. 1945, Ch. 1431.)
  44. 7328.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. )

    Verify source ↗

    A person may not employ, direct, or let another work on windows unless the required safety devices in Sections 7326 and 7327 are in place.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. ) ## 7328. Any person employing, directing or permitting another to do or perform any labor upon any windows which have not the safety devices as provided for in Sections 7326 and 7327 shall be guilty of a misdemeanor. (Added by Stats. 1941, Ch. 544.)
  45. 7329.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. )

    Verify source ↗

    Owners or possessors of covered buildings must install the required safety devices within six months after the chapter takes effect and keep them in good condition.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. ) ## 7329. Every person owning or entitled to possession, under any lease, sublease, or agreement for a longer period than one year, or under any renewal lease, sublease, or agreement for a period of less than one year, of any building heretofore constructed shall, within six months following the effective date of this chapter, install and provide the safety devices as provided for in this chapter, and thereafter maintain such safety devices in good condition. Any person failing to install or provide and maintain said safety devices as provided for in this chapter shall be guilty of a misdemeanor. (Added by Stats. 1941, Ch. 544.)
  46. 7330.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. )

    Verify source ↗

    People who build a building must provide the chapter’s safety devices and keep them in good condition, or they commit a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. ) ## 7330. Every person who fails to provide the safety devices as set forth in this chapter upon any building hereafter to be constructed, and who thereafter fails to maintain such devices in good condition, shall be guilty of a misdemeanor. (Added by Stats. 1941, Ch. 544.)
  47. 7331.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. )

    Verify source ↗

    The division may issue and enforce safety orders and rules for this chapter, must notify owners or possessors of buildings that violate it, and may proceed against a notified person who does not comply within 15 days.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. ) ## 7331. The division may make and enforce such safety orders and rules as it considers necessary and proper to carry into effect the purposes and provisions of this chapter. The division shall give notice to the owner or person entitled to possession of any building that is existing in violation of this chapter or of any rules issued under this chapter. Failure of the person so notified to comply with this chapter and rules issued under it, within 15 days, shall be authority for the division to proceed against such person as authorized in this chapter. (Amended by Stats. 1945, Ch. 1431.)
  48. 7332.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. )

    Verify source ↗

    The division must enforce this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices Upon Buildings to Safeguard Window Cleaners [7325 - 7332] ( Chapter 3 added by Stats. 1941, Ch. 544. ) ## 7332. The division shall enforce the provisions of this chapter. (Amended by Stats. 1945, Ch. 1431.)
  49. 7340.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    This section defines “passenger tramway” and “permit” for this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7340. As used in this chapter: (a) “Passenger tramway” includes any method or device used primarily for the purpose of transporting persons by means of cables or ropes suspended between two or more points or structures. (b) “Permit” means a permit issued by the division to operate a passenger tramway in any place. (Amended by Stats. 2016, Ch. 31, Sec. 200. (SB 836) Effective June 27, 2016.)
  50. 7341.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    A passenger tramway may not be operated in this state unless the division has issued a permit, the permit is still in effect, and the permit is posted conspicuously at the main operating terminal.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7341. A passenger tramway shall not be operated in any place in this state unless a permit for the operation of the tramway is issued by the division, and unless the permit remains in effect and is kept posted conspicuously in the main operating terminal of the tramway. (Amended by Stats. 2016, Ch. 31, Sec. 201. (SB 836) Effective June 27, 2016.)
  51. 7342.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    A person who owns, manages, has custody of, or operates a passenger tramway must not operate it without a permit; doing so is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7342. The operation of a passenger tramway by any person owning or having the custody, management, or operation thereof without a permit is a misdemeanor, and each day of operation without a permit is a separate offense. No prosecution shall be maintained where the issuance or renewal of a permit has been requested and remains unacted upon. (Amended by Stats. 2016, Ch. 31, Sec. 202. (SB 836) Effective June 27, 2016.)
  52. 7343.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    If a passenger tramway is being run without the required permit and is dangerous, the division or an affected person may ask the county superior court for an injunction to stop operation until the problem is fixed.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7343. Whenever a passenger tramway in any place is being operated without the permit herein required, and is in such condition that its use is dangerous to the life or safety of any person, the division, or any person affected thereby, may apply to the superior court of the county in which the passenger tramway is located for an injunction restraining the operation of the passenger tramway until the condition is corrected. Proof by certification of the division that a permit has not been issued, together with the affidavit of any safety engineer of the division that the operation of the passenger tramway is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order. (Amended by Stats. 2016, Ch. 31, Sec. 203. (SB 836) Effective June 27, 2016.)
  53. 7344.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    The division must inspect all passenger tramways at least twice a year, with one inspection in the winter-to-spring window, and must issue a permit for up to one year if a tramway is found safe.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7344. (a) The division shall cause all passenger tramways to be inspected at least two times each year. (b) At least one of the inspections required by subdivision (a) shall take place between November 15 of each year and March 15 of the succeeding year. (c) If a passenger tramway is found upon inspection to be in a safe condition for operation, a permit for operation for not longer than one year shall be issued by the division. (Amended by Stats. 2016, Ch. 31, Sec. 204. (SB 836) Effective June 27, 2016.)
  54. 7345.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    If an inspection shows a passenger tramway is unsafe, the division may order repairs or alterations and may stop its operation until the problem is fixed.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7345. If inspection shows a passenger tramway to be in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the passenger tramway that are necessary to render it safe, and may order the operation or use thereof discontinued until the repairs or alterations are made or the unsafe conditions are removed. (Amended by Stats. 2016, Ch. 31, Sec. 205. (SB 836) Effective June 27, 2016.)
  55. 7346.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    If a preliminary order has not been complied with, a hearing before the division must be allowed when requested.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7346. Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in charge of the passenger tramway may appear and show cause why he should not comply with the order. (Amended by Stats. 2016, Ch. 31, Sec. 206. (SB 836) Effective June 27, 2016.)
  56. 7347.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    If a passenger tramway is found unsafe, the division may withhold or confirm withholding the permit and require repairs, alterations, or other corrective steps.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7347. If it thereafter appears to the division that the passenger tramway is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make the passenger tramway safe, the division may order or confirm the withholding of the permit and may make requirements as it determines to be proper for its repair or alteration or for the correction of the unsafe condition. The order may thereafter be reheard by the division or reviewed by the courts only in the manner specified for safety orders by Part 1 (commencing with Section 6300). (Amended by Stats. 2016, Ch. 31, Sec. 207. (SB 836) Effective June 27, 2016.)
  57. 7348.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    If repairs or alterations to a passenger tramway are not immediately dangerous to employees or others, the division may issue a temporary operating permit.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7348. If the operation of a passenger tramway during the making of repairs or alterations is not immediately dangerous to the safety of employees or others, the division may issue a temporary permit for the operation of the tramway for a term not to exceed 30 days during the making of repairs or alterations. (Amended by Stats. 2016, Ch. 31, Sec. 208. (SB 836) Effective June 27, 2016.)
  58. 7349.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    Inspections must be done by a division safety engineer, or for ski lifts by a qualified certified tramway inspector. Temporary operation permits may be issued by a division engineer or qualified insurance inspector under specified conditions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7349. The inspection herein provided for shall be made by a division safety engineer or, on ski lifts, by a certified tramway inspector qualified under Section 7354.5 and employed by a licensed insurance company. A temporary permit for operation may be issued by a division engineer or by the qualified insurance inspector, on a form furnished by the division, under conditions of Sections 7348 and 7351. (Amended by Stats. 1974, Ch. 863.)
  59. 7350.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    The division must set and collect passenger tramway inspection fees, may include certain costs in the fee amount, may not charge an inspection fee for inspections by certified insurance inspectors, and may charge a permit-processing fee instead. Late payment can trigger a penalty fee equal to 100% of the original fee.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7350. (a) The division shall fix and collect fees for the inspection of passenger tramways as it deems necessary to cover the costs of the division in administering this chapter. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter. The division shall not charge an inspection fee for inspections performed by certified insurance inspectors, but may charge a fee for processing the permit when issued by the division as a result of the inspection. Notwithstanding Section 6103 of the Government Code, the division may collect the fees authorized by this section from the state or any county, city, district, or other political subdivision. (b) Whenever a person owning or having custody, management, or operation of a passenger tramway fails to pay any fee required under this chapter within 60 days after the date of notification by the division, the division shall assess a penalty fee equal to 100 percent of the initial fee. For purposes of this section, the date of the invoice fixing the fee shall be considered the date of notification. (Amended by Stats. 2016, Ch. 31, Sec. 209. (SB 836) Effective June 27, 2016.)
  60. 7351.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    Fees must be paid before a permit to operate a passenger tramway is issued. The division may issue a temporary operating permit for up to 30 days while waiting for payment.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7351. Fees shall be paid before issuance of a permit to operate a passenger tramway, except that the division, at its own discretion, may issue a temporary operating permit not to exceed 30 days, pending receipt of payment of fees. (Amended by Stats. 2016, Ch. 31, Sec. 210. (SB 836) Effective June 27, 2016.)
  61. 7352.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    Fees collected by the division under this chapter must be deposited into the Occupational Safety and Health Fund. Certain money and related assets tied to the Elevator Safety Account must also be transferred to that fund on the statute’s effective date.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7352. (a) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund to support the division’s passenger tramway inspection program. (b) On the effective date of the statute adding this subdivision, any moneys in the Elevator Safety Account that, before that date, were deposited pursuant to this section, subdivision (a) of Section 7904, or subdivision (b) of Section 7929 shall be transferred to the Occupational Safety and Health Fund, together with any assets, liabilities, revenues, expenditures, and encumbrances of that fund that are attributable to the division’s passenger tramway inspection program under this chapter, the portable amusement ride inspection program under Part 8 (commencing with Section 7900), and the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920)). (Amended by Stats. 2016, Ch. 31, Sec. 211. (SB 836) Effective June 27, 2016.)
  62. 7353.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    Passenger tramways may not be built or altered until certified plans and design information are filed with the division, and owners or operators must notify the division before major repairs.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7353. (a) A passenger tramway shall not be constructed or altered until the plans and design information have been properly certified to the division by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). (b) Any person who owns, has custody of, manages, or operates a passenger tramway shall notify the division prior to any major repair of the tramway. (Amended by Stats. 2016, Ch. 31, Sec. 212. (SB 836) Effective June 27, 2016.)
  63. 7354.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    The division may not issue an operating permit for a passenger tramway until it gets written certification from a qualified engineer that the tramway’s erection work matches the approved design and erection plans.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7354. The division shall not issue an operating permit to operate a passenger tramway until it receives certification in writing by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) that the erection work on the tramway has been completed in accordance with the design and erection plans for the tramway. (Amended by Stats. 2016, Ch. 31, Sec. 213. (SB 836) Effective June 27, 2016.)
  64. 7354.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    Private inspectors must get a certificate of competency from the division before starting work. The division may accept certain inspections instead of other inspections for the year, may decide certificate applicants’ competency, and may rescind certificates for good cause after a hearing if requested.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7354.5. (a) Notwithstanding any other provision of this chapter, in any case in which an insurer admitted to transact insurance in this state has inspected or caused to be inspected, by a qualified, licensed professional engineer registered in California pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, any passenger tramway used as a ski lift, the division may, if it finds those inspections were made according to subdivisions (a) and (b) of Section 7344, accept the inspections in lieu of any other inspections for that year, except that the initial inspection of a new ski lift or of a major alteration to an existing ski lift shall be performed by a division safety engineer. A private inspector shall, before commencing his or her duties therein, secure from the division a certificate of competency to make inspections. The division may determine the competency of any applicant for a certificate, either by examination or by other satisfactory proof of qualification. (b) The division may rescind at any time, upon good cause being shown therefor, and after hearing, if requested, any certificate of competency issued by it to a ski lift inspector. The inspection reports made to the division shall be in a form and content as the division finds necessary for acceptance as a proper inspection made by a private inspector. (Amended by Stats. 2016, Ch. 31, Sec. 214. (SB 836) Effective June 27, 2016.)
  65. 7355.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    This section says earlier sections in the chapter do not limit the division’s authority to prescribe or enforce general or special safety orders.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7355. Nothing in the foregoing sections of this chapter shall limit the authority of the division to prescribe or enforce general or special safety orders. (Added by Stats. 1965, Ch. 1047.)
  66. 7356.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    The division must publish safety orders requiring passenger tramway owners or operators to report known injury incidents, except where the injury only needs ordinary first aid.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7356. The division shall, under the authority of Section 7355, promulgate and cause to be published safety orders directing each owner or operator of a passenger tramway to report to the division each known incident where the maintenance, operation, or use of the tramway results in injury to any person, unless the injury does not require medical service other than ordinary first aid treatment. (Amended by Stats. 2016, Ch. 31, Sec. 215. (SB 836) Effective June 27, 2016.)
  67. 7357.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    The division must establish qualification standards for people who operate passenger tramways.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7357. The division shall establish standards for the qualification of persons engaged in the operation of passenger tramways, whether as employees or otherwise. The standards shall be consistent with the general objective of this chapter in providing for the safety of members of the public who use passenger tramways and those engaged in their operation. (Amended by Stats. 2016, Ch. 31, Sec. 216. (SB 836) Effective June 27, 2016.)
  68. 7358.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

    Verify source ↗

    The division must propose tramway safety rules for board adoption and must adopt other rules needed to administer and enforce this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Passenger Tramways [7340 - 7358] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. ) ## 7358. (a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe design, manufacture, installation, repair, maintenance, use, operation, and inspection of all passenger tramways as the division finds necessary for the protection of the general public using passenger tramways. (b) The division shall adopt all other rules and regulations necessary for the administration and enforcement of this chapter. (c) Nothing in this section shall affect the validity of existing regulations applicable to passenger tramways or shall limit the authority of the division or the Occupational Safety and Health Standards Board to prescribe or enforce general or special safety orders. (Added by Stats. 2023, Ch. 133, Sec. 2. (AB 1766) Effective January 1, 2024.)
  69. 7370.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    The Legislature declares that safety inspections must remain a continuing priority for all tower cranes in the state.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7370. (a) The Legislature finds and declares that recent statewide spot inspections of cranes have uncovered a pattern of numerous safety violations so serious and pervasive that safety inspections shall be a continuing priority with regard to all tower cranes in the state. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  70. 7371.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the tower crane chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7371. As used in this chapter, the following definitions shall apply: (a) “Crane” means a machine for lifting or lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. It may be driven manually or by power and may be a fixed or a mobile machine, but does not include stackers, lift trucks, power shovels, backhoes, excavators, concrete pumping equipment, or straddle type mobile boat hoists. (b) “Straddle type mobile boat hoist” means a straddle type carrier supported by four wheels with pneumatic tires capable of straddling and carrying boats with high masts and superstructure. (c) “Tower crane” means a crane in which a boom, swinging jib, or other structural member is mounted on a vertical mast or tower. (d) “Mobile tower crane” means a tower crane which is mounted on a crawler, truck, or similar carrier for travel or transit. (e) “Crane employer” means an employer who is responsible for the maintenance and operation of a tower crane. (f) “Certificating agency” shall have the same definition as in Section 4885 of Title 8 of the California Code of Regulations. (Amended by Stats. 1992, Ch. 254, Sec. 1. Effective January 1, 1993.)
  71. 7372.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    The division must employ trained safety engineers and set up a safety inspection program for tower cranes.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7372. (a) The division shall employ safety engineers trained to inspect tower cranes. (b) The division shall establish a safety inspection program for all tower cranes operated in the state. This safety program shall include: (1) Safety inspection of tower cranes twice a year. (2) Increased penalties for the violation of tower crane safety orders and standards. (3) Permit fees as described in Section 7373. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  72. 7373.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    A tower crane cannot be operated at a worksite unless an employer gets a permit from the division, but if the division does not issue the permit within 10 days after request, the crane employer may operate without one.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7373. (a) A tower crane shall not be operated at any worksite unless an employer obtains a permit from the division. The division shall conduct an investigation for purposes of issuing a permit in an expeditious manner. If the division does not issue a permit within 10 days after being requested to do so by a crane employer, the crane employer may operate the crane without a permit. (b) The division shall set fees to be charged for these permits in an amount sufficient to cover the costs of administering this article. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this article. (c) The permit for a fixed tower crane shall be valid for the period of time that the tower crane is fixed to the site. (d) The permit for a mobile tower crane shall be valid for one calendar year. (Amended by Stats. 2016, Ch. 31, Sec. 217. (SB 836) Effective June 27, 2016.)
  73. 7374.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    The division may suspend or revoke a crane permit when the employer’s conduct shows gross negligence, gross incompetence, or repeated/willful disregard of safety standards or orders, and the division must also create a hearing and appeal process.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 1. Permits for Tower Cranes [7370 - 7374] ( Article 1 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7374. (a) The division may suspend or revoke the permit of a crane where the employer engages in gross negligence, gross incompetence, or willful or repeated disregard of any occupational safety standard or order involving the crane. (b) The permit of the crane shall be suspended or revoked for a six-month period for first-time suspensions or revocations, and for a one-year period for each subsequent suspension or revocation. The division shall establish a suspension and revocation hearing procedure and appeal process. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  74. 7375.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    The division must adopt certification regulations for cranes and derricks over three tons, and tower cranes must be certified annually and when erected on a new site.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7375. (a) The division shall adopt regulations for the certification of all cranes and derricks used in lifting service, exceeding three tons rated capacity. Tower cranes shall be certified annually and whenever they are erected on a new site. (b) These regulations shall specify the procedure for licensing the certificating agencies or agents to conduct certification inspections, and shall establish specific criteria for licensure as a certifier, including a written examination. (c) No individual may certify a crane in which the individual or his or her employer has a direct or indirect financial interest, nor may an individual certify equipment that belongs to his or her employer. An individual may not certify equipment or devices that he or she has manufactured or helped to manufacture, if the equipment is owned by his or her employer. However, this subdivision shall not prohibit any of the following: (1) The licensure of certifiers who are employed by insurance carriers that insure the specific crane. (2) Except with respect to certification of tower cranes, the licensure of certifiers who are employed by an electrical, gas, or telephone corporation, as defined in Sections 218, 222, and 234, respectively, of the Public Utilities Code, or a municipal utility serving a city having a population of 3,000,000 or more, that is issued a certificate of self-insurance pursuant to Article 3 (commencing with Section 16050) of Chapter 1 of Division 7 of the Vehicle Code and that is a self-insured employer under Article 1 (commencing with Section 3700) of Chapter 4 of Division 4 of this code. (d) The certificating agency shall attest that it tested or examined the device or equipment and found it to meet the requirements of the division. (e) The certificating agency shall notify the division of any deficiencies found during the crane certification inspection. A certificate shall not be issued until all deficiencies are corrected. (Amended by Stats. 1994, Ch. 604, Sec. 1. Effective January 1, 1995.)
  75. 7376.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    The division may suspend or revoke a license to certify for specified misconduct or good cause, and the certificating agency must get a new license after a suspension or revocation.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7376. (a) The division shall suspend or revoke a license to certify for the following reasons: (1) Gross negligence, gross incompetency, a pattern of incompetence, or fraud in the certification of a crane. (2) Willful or deliberate disregard of any occupational safety standard while certifying a crane. (3) Misrepresentation of a material fact in applying for, or obtaining, a license to certify under this chapter. (4) Upon a showing of good cause. (b) The period of suspension or revocation shall be for six months for a first suspension or revocation, and one year for each subsequent suspension or revocation. The certificating agency shall obtain a new license from the division following a suspension or revocation. The division shall establish a hearing procedure and an appeal process for license suspensions and revocations. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  76. 7377.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    A revocation of a license to certify may be appealed to the Director of Industrial Relations.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7377. Revocation of a license to certify may be appealed to the Director of Industrial Relations. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  77. 7378.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    A licensed certifier must not fraudulently certify that a crane complies with the Section 7375 criteria.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7378. A licensed certifier who fraudulently certifies that a crane is in compliance with the criteria established by the division under subdivision (a) of Section 7375 is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  78. 7379.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    An unlicensed individual may not certify a crane under this chapter, and doing so is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7379. It shall be a misdemeanor for an individual to engage in the certification of a crane as specified in this chapter if that individual is not licensed pursuant to this chapter. Any violation of this section shall be punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  79. 7380.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    The division must set crane certifier examination and licensing fees to cover administration costs, and collected fees must be deposited into the Occupational Safety and Health Fund.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7380. (a) The division shall set fees for the examination and licensing of crane certifiers as necessary to cover the costs of administering this article. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this article. (b) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund. (Repealed and added by Stats. 2016, Ch. 31, Sec. 219. (SB 836) Effective June 27, 2016.)
  80. 7381.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    Employers can face civil penalties for serious crane standard violations, including double the maximum penalty in some injury-or-death cases and at least $1,000 for each serious tower crane violation.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7381. (a) Notwithstanding Sections 6319 and 6425, if serious injury or death is caused by any serious or willful repeated violation of a crane standard, order, or special order, or by any failure to correct a serious violation of a crane standard, order, or special order within the time specified for its correction, the employer shall be assessed a civil penalty in an amount equal to double the maximum penalty allowable for each violation contributing to the injury or death. (b) Notwithstanding any provision of this division, any employer who violates any tower crane standard, order, or special order, if that violation is a serious violation, shall be assessed a civil penalty of not less than one thousand dollars ($1,000) for each serious violation. The penalty shall not be reduced for any of the reasons listed in Section 6319. (Amended by Stats. 2017, Ch. 28, Sec. 34. (SB 96) Effective June 27, 2017.)
  81. 7382.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    A crane installation, dismantling, or height increase cannot be done without a safety representative on site for consultation.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7382. No person shall install or dismantle a tower crane, or increase the height of a crane, known in the construction trade as “jumping or climbing a crane,” without a safety representative of the crane manufacturer, distributor, or a representative of a licensed crane certifier being present on site for consultation during the procedure. The standards board shall adopt a regulation making failure to provide the designated safety representative a serious violation of a safety order. Local governmental entities may restrict the hours during which these procedures may be performed. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  82. 7383.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    Crane employers must disclose their previous business identities from the past 10 years to the division, using division forms, and the division must keep that information confidential.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7383. (a) The division shall require all crane employers to disclose all of their previous business identities within the previous 10 years. The disclosure shall be made to the division on forms provided by the division. The division shall maintain the confidentiality of this information. (b) The division shall consider the violations of safety and health orders and standards of the previous business identities when assessing penalties against a crane employer for current violations. (c) For purposes of this section “business identities” means current and previous business affiliations in the construction industry which involve the use of cranes. These shall include, but not be limited to, fictitious business names and corporate names. (d) The purpose of this section is to enable the division to get a complete safety record of crane employers when assessing penalties for the violation of safety orders. (Added by Stats. 1990, Ch. 1033, Sec. 1.)
  83. 7384.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. )

    Verify source ↗

    The division must prepare an annual report on revenues from all funding sources and expenditures, and file it with specified legislative and finance bodies.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Cranes [7370 - 7384] ( Chapter 5 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## ARTICLE 2. Certification [7375 - 7384] ( Article 2 added by Stats. 1990, Ch. 1033, Sec. 1. ) ## 7384. The division shall prepare an annual report concerning revenues obtained from all funding sources and expenditures. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, the Department of Finance, and the appropriate policy committees of the Legislature. (Amended by Stats. 2006, Ch. 538, Sec. 494. Effective January 1, 2007.)
  84. 74.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The Chief of the Division of Labor Standards Enforcement may issue subpoenas, and the Chief and enforcement deputies may administer oaths and examine witnesses under oath, to enforce Industrial Welfare Commission orders and this code.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. ) ## 74. The Chief of the Division of Labor Standards Enforcement, for the purpose of enforcing Industrial Welfare Commission orders and provisions of this code, may issue subpoenas to compel the attendance of witnesses and production of books, papers, and records. Obedience to subpoenas issued by the chief of the division shall be enforced by the courts. The Chief and enforcement deputies of the Division of Labor Standards Enforcement may administer oaths and examine witnesses under oath for the purpose of enforcing Industrial Welfare Commission orders and provisions of this code. (Amended by Stats. 1976, Ch. 746.)
  85. 75.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. )

    Verify source ↗

    This section creates the Commission on Health and Safety and Workers’ Compensation, sets its membership and appointment structure, requires it to meet regularly in public, and sets rules for valid commission action and member compensation.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. ) ## 75. (a) There is in the department the Commission on Health and Safety and Workers’ Compensation. The commission shall be composed of eight voting members. Four voting members shall represent organized labor, and four voting members shall represent employers. Not more than one employer member shall represent public agencies. Two of the employer and two of the labor members shall be appointed by the Governor. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one employer and one labor representative. The public employer representative shall be appointed by the Governor. No action of the commission shall be valid unless agreed to by a majority of the membership and by not less than two members representing organized labor and two members representing employers. (b) The commission shall select one of the members representing organized labor to chair the commission during the 1994 calendar year, and thereafter the commission shall alternatively select an employer and organized labor representative to chair the commission for one-year terms. (c) The initial terms of the members of the commission shall be four years, and they shall hold office until the appointment of a successor. However, the initial terms of one employer and one labor member appointed by the Governor shall expire on December 31, 1995; the initial terms of the members appointed by the Senate Committee on Rules shall expire December 31, 1996; the initial terms of the members appointed by the Speaker of the Assembly shall expire on December 31, 1997; and the initial term of one employer and one labor member appointed by the Governor shall expire on December 31, 1998. Any vacancy shall be filled by appointment to the unexpired term. (d) The commission shall meet every other month and upon the call of the chair. Meetings shall be open to the public. Members of the commission shall receive one hundred dollars ($100) for each day of their actual attendance at meetings of the commission and other official business of the commission and shall also receive their actual and necessary traveling expenses incurred in the performance of their duty as a member. Payment of per diem and traveling expenses shall be made from the Workers’ Compensation Administration Revolving Fund, when appropriated by the Legislature. (Amended by Stats. 2002, Ch. 6, Sec. 19. Effective January 1, 2003.)
  86. 750.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employees in underground mines and certain smelter or ore-refining plants are limited to eight hours of work in any 24-hour period, and the workday hours must be consecutive except for meal breaks.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 750. (a) Except as otherwise provided in this chapter, no employee may be employed for a period that exceeds eight hours within any 24-hour period and the hours of employment of any workday shall be consecutive, excluding intermissions for meals, for all persons who are employed or engaged in work in any of the following: (1) Underground mines. (2) Smelters and plants for the reduction or refining of ores or metals. (b) No provision of this chapter applies to quarries or other operations for the extraction of nonmetallic minerals, including, but not limited to, sand, gravel, and rock. (c) No provision of this chapter applies to an employee who is employed in an executive, administrative, or professional capacity, or employed as an outside salesperson. (Amended by Stats. 1995, Ch. 903, Sec. 1. Effective January 1, 1996.)
  87. 750.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee may work more than eight hours in a 24-hour period only under the conditions listed here, and employers must follow election and notice procedures for certain extended-workday policies.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 750.5. Notwithstanding Section 750, an employee may be employed for a period that exceeds eight hours within a 24-hour period, under the circumstances specified in subdivision (a), (b), or (c), as follows: (a) If the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of the employees. (b) If a two-thirds majority of the affected employees of that employer whose hours are regulated by this chapter have voted in an election to adopt a policy that specifies periods of work that may exceed eight hours in a 24-hour period, and the employer adopts that policy, subject to all of the following conditions: (1) The agreement adopted with respect to that policy reflects the results of the election. (2) The election is conducted, at the expense of the employer, with the use of secret ballots, during regular working hours. Upon the written request of an employee to his or her employer, or to the Labor Commissioner, made no later than 10 days prior to the date set for the election, the employer shall cause the election to be conducted by a neutral third party with experience in conducting employee elections. If such a written request is made to the commissioner pursuant to this paragraph, the commissioner shall not disclose the identity of the employee and shall notify the employer, no later than five days prior to the date set for the election, that the election is required to be conducted by a neutral third party. Such an election may be conducted by utilizing mail ballots. (3) All employees of that employer whose hours are regulated by this chapter and who have become employed by that employer within 24 hours of the time the election is commenced are eligible to vote in the election. (4) The policy shall be effective for the period specified therein, not exceeding 12 months. (5) No later than 14 days prior to the date set for an election, the employer shall do all of the following: (A) Provide a written notice to the affected employees that describes the effects the proposed work schedule would have on the employees’ wages, hours, and benefits, and the employees’ rights under this chapter, including the right to request that the election be conducted by a neutral third party pursuant to this section, and to file a complaint against the employer pursuant to this chapter. (B) Provide a written statement to the affected employees, prepared by a neutral source knowledgeable in health and safety matters and unaffiliated with the employer, that explains any health and safety considerations of extended work shifts. (C) Hold informational meetings for the affected employees on each shift during the regular working hours of the affected employees. At each of these meetings, the employer shall explain the effect of the proposed policy on the hours and compensation of the employees. Written notice of the time, date, place, and purpose of these informational meetings shall be conspicuously posted in at least three locations throughout the mine site for at least seven consecutive days before the date of the meetings. Written notice of the time, date, place, and purpose of the election shall be posted in the same manner and for the same period. Failure to comply with the procedural requirements of this paragraph shall void the results of the election for purposes of this section. (6) Any employer that establishes a regular scheduled workday pursuant to this subdivision shall make a reasonable attempt to place an employee, who was eligible to participate in the election that authorized an extended workday schedule and who is unable or unwilling to work the extended schedule, in an alternative work assignment that the employee is capable of performing. An employer shall not be required to offer an alternative work assignment to an employee if an alternative work assignment that the employee is capable of performing is not available or if the employee commenced his or her employment after the election. (c) On the day a scheduled change of shift takes effect. (Amended by Stats. 1995, Ch. 903, Sec. 2. Effective January 1, 1996.)
  88. 7500.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 4. MINING INDUSTRIES [7500 - 7501] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Underground Telephones [7500 - 7501] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Mine owners or lessees must establish, equip, and maintain a telephone system in qualifying deep mines.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 4. MINING INDUSTRIES [7500 - 7501] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Underground Telephones [7500 - 7501] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 7500. In all mines operated in the State where a depth of more than five hundred feet underground has been reached, a telephone system shall be established, equipped and maintained by the owners or lessees of the mine with stations at each working level below the depth aforesaid, communicating with a station on the surface of the mine. (Enacted by Stats. 1937, Ch. 90.)
  89. 7501.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 4. MINING INDUSTRIES [7500 - 7501] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Underground Telephones [7500 - 7501] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An owner or lessee who fails or refuses to install or maintain the required telephone system commits a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 4. MINING INDUSTRIES [7500 - 7501] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Underground Telephones [7500 - 7501] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 7501. The failure or refusal of any owner or lessee to install or maintain such telephone system is a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  90. 751.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In an emergency where life or property is in imminent danger, the work shift may be extended while the emergency continues.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 751. In the case of an emergency where life or property is in imminent danger, the work shift may be extended during the continuance of the emergency. (Amended by Stats. 1995, Ch. 903, Sec. 3. Effective January 1, 1996.)
  91. 751.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee may work beyond the usual Section 750 hour limit when emergency repairs, maintenance, or replacement of machinery or equipment are needed to keep operations running.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 751.5. Where emergency repairs to, or maintenance or replacement of, machinery or equipment are necessary for the continuous operation thereof, the hours that an employee may be engaged in performing the emergency repairs, maintenance, or replacement, may, during the pendency of the emergency, exceed the period specified in Section 750. (Amended by Stats. 1995, Ch. 903, Sec. 4. Effective January 1, 1996.)
  92. 751.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Overtime pay is required when work exceeds certain daily or weekly hour limits.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 751.8. (a) Notwithstanding Section 750, the period of employment may exceed eight hours in any 24-hour period if the employee is paid at the overtime rate of pay for hours worked in excess of that employee’s regularly scheduled shift and for hours worked in excess of 40 hours in a seven-day period. Unless regularly scheduled shifts are established pursuant to Section 750.5, overtime rates of pay shall be paid for all hours worked in excess of those hours prescribed by Section 750 as the maximum allowable hours of employment. (b) All work performed in any workday in excess of the scheduled hours established by an agreement pursuant to subdivision (b) of Section 750.5 up to and including 12 hours, or in excess of 40 hours in a workweek, shall be compensated at one and one-half times the employee’s regular rate of compensation. All work performed in any workday in excess of 12 hours shall be compensated at double the employee’s regular rate of compensation. No hours that are compensated at either one and one-half times, or double, the regular rate of compensation shall be included in determining the number of hours an employee has worked in a workweek for purposes of computing premium compensation. (Added by Stats. 1995, Ch. 903, Sec. 5. Effective January 1, 1996.)
  93. 752.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    An affected employee or representative may complain to the Labor Commissioner about an election within 14 days after notice of the result. The Labor Commissioner must investigate and may invalidate the election if misconduct could have affected the outcome, and may then bar a similar election for 12 months. Employers face civil penalties for violating Sections 750 or 751.8, and may not retaliate against employees for exercising rights under this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 752. (a) Any affected employee, or his or her representative, may file a complaint with the Labor Commissioner concerning the conduct of an election pursuant to subdivision (b) of Section 750.5 within 14 days following notice of the outcome of the election. The Labor Commissioner shall investigate the complaint and shall invalidate the election if the commissioner finds that misconduct has occurred that could have affected the outcome of the election. If the election is invalidated, the commissioner shall prohibit the employer from conducting a similar election for a period of 12 months. (b) Any employer, or representative of an employer, that violates Section 750 or 751.8 shall be subject to a civil penalty as follows: (1) For any initial violation that is intentionally committed, one hundred dollars ($100) for each affected employee for each violation for each pay period. (2) For each subsequent violation for the same offense, two hundred dollars ($200) for each violation for each affected employee for each pay period, regardless of whether the initial violation is intentionally committed. (c) If the Labor Commissioner determines that an employer has failed to comply with paragraph (6) of subdivision (b) of Section 750.5, the Labor Commissioner shall order the employer to comply. The order, in appropriate cases, shall include provisions for reinstatement and backpay. (d) An employer shall not retaliate in any way against an employee for exercising any right pursuant to this chapter. (Amended by Stats. 2003, Ch. 329, Sec. 5. Effective January 1, 2004.)
  94. 752.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This chapter is severable, so if one provision or application is invalid, the rest can still operate if they do not depend on the invalid part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Smelters and Underground Workings [750 - 752.5] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 752.5. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 1995, Ch. 903, Sec. 8. Effective January 1, 1996.)
  95. 76.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. )

    Verify source ↗

    The commission may hire needed staff. Its personnel must be supervised by the chair or a delegated executive officer, and personnel must be appointed under the State Civil Service Act except for one constitutional exemption.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. ) ## 76. The commission may employ officers, assistants, experts, and other employees it deems necessary. All personnel of the commission shall be under the supervision of the chair or an executive officer to whom he or she delegates this responsibility. All personnel shall be appointed pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for the one exemption allowed by subdivision (e) of Section 4 of Article VII of the California Constitution. (Added by Stats. 1993, Ch. 227, Sec. 2. Effective January 1, 1994.)
  96. 7600.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    People loading or unloading ships or vessels with a carrying capacity of 50 tons or more must provide an adult signalman or hatch-tender on each vessel while loading or unloading.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7600. Every person who is engaged in the business of loading or unloading ships or vessels, or who is authorized or contracts to load or unload a ship or vessel, or who is in charge of a ship or vessel while it is being loaded or unloaded, and such ship or vessel has a carrying capacity of 50 tons or greater, shall employ and supply upon every ship or vessel while being loaded or unloaded, a person over the age of 18 years to act as signalman or hatch-tender whose sole duty it shall be to observe the operations of loading or unloading of each working hatch on such ship or vessel, and to warn all persons engaged in the operation of loading or unloading of any possibility of injury to any of the articles of which the cargo is composed, or of danger to any person in or about the ship or vessel while it is being loaded or unloaded. (Amended by Stats. 1971, Ch. 1748.)
  97. 7601.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must keep handtrucks in safe condition and keep handles free of hazardous burrs, splinters, cracks, or splits.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7601. Handtrucks shall be maintained in a safe condition by the employer. Handles shall be maintained free of hazardous burrs, splinters, cracks or splits. (Repealed and added by Stats. 1967, Ch. 398.)
  98. 7602.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must keep handtools in good condition and store them safely, and unsafe handtools must not be used.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7602. Handtools shall be kept in good condition and be safely stored by the employer. Unsafe handtools shall not be used. (Repealed and added by Stats. 1967, Ch. 398.)
  99. 7603.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Materials stored on building floors or load-carrying platforms must not exceed the platform’s safe carrying capacity, except for floors or platforms built directly on the ground.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7603. The maximum weight of materials stored on building floors or load-carrying platforms, except those built directly on the ground, shall not exceed their safe carrying capacity. Material, when stored, shall be piled, stacked, or racked in a manner designed to prevent it from tipping, falling, collapsing, rolling or spreading. Racks, bins, planks, sleepers, bars, strips, blocks, sheets, shall be used when necessary to make the piles stable. (Repealed and added by Stats. 1967, Ch. 398.)
  100. 7604.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain active-service wharves, docks, or piers must have adequate bull rails, stringer rails, or curbs installed at the waterside of flush aprons.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7604. Adequate and substantial bull rails, stringer rails or curbs shall be installed at the waterside of all flush aprons on such wharves, docks or piers as are in active service for movement of cargo therefrom to vessels. This section shall not apply to any pier designed with depressed spur tracks on at least one side, on which cargo is worked between rail cars and ships but not in the narrow wharf area between depressed tracks and pier edge. (Repealed and added by Stats. 1967, Ch. 398.)
  101. 7605.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must make sure wear-prone equipment is inspected at adequate intervals and unsafe conditions are corrected. If equipment is found defective or unsafe, employees must report it and the person in charge must remove, mark, and keep it out of use until it is made safe.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7605. The employer shall require that tools, machinery, gear and other equipment subject to wear be inspected at adequate intervals and unsafe conditions corrected. If tools, machinery, gear or equipment are found to be defective or otherwise unsafe, employees shall report the same to the person in charge of work who shall have it discarded, marked and so placed that it cannot be used again until made safe. (Repealed and added by Stats. 1967, Ch. 398.)
  102. 7606.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Dock plates must be built, maintained, and secured so they can safely support loads and prevent rocking or sliding.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7606. Every dock plate shall be constructed and maintained with strength sufficient to support the load carried thereon. Dock plates shall be secured in position when spanning the space between the dock or the unloading platform and the vehicle. The dock plate, together with its securing devices, where used over spans of different lengths, shall be of such construction as will readily obtain rigid security over such spans. The dock plates shall be so constructed and maintained that when they are secured in position the end edges of the plate shall be in substantial contact with dock or loading platform, and with the vehicle bed in such manner as to prevent rocking or sliding. (Repealed and added by Stats. 1967, Ch. 398.)
  103. 7607.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Internal combustion engine-driven equipment may be operated indoors only if it will not expose people to dangerous gases or fumes above acceptable levels, and exhaust pipes must vent exhaust safely away from operators.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7607. Internal combustion engine-driven equipment shall be operated inside of buildings or enclosed structures only when such operation does not result in harmful exposure to concentration of dangerous gases or fumes in excess of maximum acceptable concentrations. Exhaust pipes shall be installed in such a manner that the exhaust products shall be discharged so as not to be a hazard to the operators. (Repealed and added by Stats. 1967, Ch. 398.)
  104. 7608.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Violating any provision of this part is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7608. Any person who violates any provisions of this part is guilty of a misdemeanor. (Added by renumbering Section 7601 by Stats. 1963, Ch. 928.)
  105. 7609.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Sections 7601 to 7607 apply to longshore and stevedore operations.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7609. The provisions of Sections 7601 to 7607, inclusive, shall be applicable to longshore and stevedore operations. (Repealed and added by Stats. 1967, Ch. 398.)
  106. 7611.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The section says earlier parts do not limit the division’s authority to issue or enforce general or special safety orders.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 5. SHIPS AND VESSELS [7600 - 7611] ( Part 5 enacted by Stats. 1937, Ch. 90. ) ## 7611. Nothing in the foregoing sections of this part shall limit the authority of the division to prescribe or enforce general or special safety orders. (Repealed and added by Stats. 1967, Ch. 398.)
  107. 7620.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    In this part, “Division” means the Division of Occupational Safety and Health.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. ) ## 7620. “Division,” as used in this part, means the Division of Occupational Safety and Health. (Amended by Stats. 1980, Ch. 676.)
  108. 7621.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    This section defines “boiler” for this part of the Labor Code.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. ) ## 7621. “Boiler” as used in this part means any fired or unfired pressure vessel used to generate steam pressure by the application of heat subject to this part. (Amended by Stats. 1949, Ch. 1530.)
  109. 7622.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    This section defines “tank” for this part as certain unfired pressure vessels used to store air pressure or liquefied petroleum gases.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. ) ## 7622. “Tank” as used in this part, means any unfired pressure vessel, subject to this part, used for the storage of air pressure or liquefied petroleum gases; provided, however, that for the purpose of shop inspection, “tank” shall mean any unfired pressure vessel built according to the rules of any nationally recognized pressure vessel code. (Amended by Stats. 1949, Ch. 1530.)
  110. 7623.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    This section says the part applies to all boilers and tanks unless they are specifically exempted.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. ) ## 7623. This part applies to all boilers and tanks which are not specifically exempted in this chapter, or by the general safety orders of the division now in effect or which may be hereafter adopted. (Amended by Stats. 1949, Ch. 1530.)
  111. 7624.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    This section excludes certain tanks from this part of the Labor Code.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. ) ## 7624. The following tanks are not subject to this part: (a) Tanks under the jurisdiction or inspection of the United States government. (b) Air pressure tanks used in household domestic services. (c) Tanks of 11/2 cubic feet or less which are not subject to a pressure of more than 150 pounds per square inch. (d) Air pressure tanks supplied with air by the same air compressor which supplies air for the brakes of any motor vehicle or streetcar, which units of transportation are operated by any person, firm, or corporation subject to the jurisdiction of the United States Department of Transportation or the California Highway Patrol. (e) Tanks not subject to an internal or external pressure or more than 15 pounds per square inch, irrespective of size. (Amended by Stats. 1970, Ch. 518.)
  112. 7625.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    Certain steam boilers are excluded from this part of the Labor Code.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. ) ## 7625. The following steam boilers are not subject to this part: (a) Boilers under the jurisdiction or inspection of the United States Government, and all other boilers operated by employers not subject to Division 4 of this code. (b) Boilers on which the pressure does not exceed 15 pounds per square inch. (c) Automobile boilers and boilers on road motor vehicles. (Added by Stats. 1945, Ch. 1142.)
  113. 7626.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    This section says the chapter does not limit the division’s power to prescribe or enforce general or special safety orders.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 1. Scope of Chapter and General Provisions [7620 - 7626] ( Chapter 1 added by Stats. 1945, Ch. 1142. ) ## 7626. This part does not limit the authority of the division to prescribe or enforce general or special safety orders. (Added by Stats. 1945, Ch. 1142.)
  114. 7650.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    Inspections under this part must be done by qualified safety engineers employed by the division or by certified inspectors, with a special rule for shop inspections requested by a tank or boiler manufacturer.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. ) ## 7650. Inspections required by this part shall be made either by qualified safety engineers employed by the division or by certified inspectors; provided, however, that shop inspections shall be made by the division, acting through its qualified safety engineers when request therefor is made by any manufacturer of tanks or boilers. (a) As used in this chapter a “certified inspector” is one who is qualified to make inspections or examinations of boilers or tanks according to the rules under which the vessel is constructed, who has an unrevoked certificate of competency issued pursuant to this part, and who is employed by any one of the following: (1) A county. (2) A city. (3) An insurer. (4) An employer, for the purpose of inspecting only tanks and boilers under his jurisdiction. (b) As used in this chapter a “qualified safety engineer” is one who is qualified to make inspections or examinations of boilers or tanks according to the rules under which the vessel is constructed. Such qualification is to be determined by a written examination prescribed by the division. (Amended by Stats. 1949, Ch. 1530.)
  115. 7651.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    A certificate of competency may be obtained by applying to the division.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. ) ## 7651. A certificate of competency may be obtained by application made to the division. (Added by Stats. 1945, Ch. 1142.)
  116. 7652.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division may examine an applicant to determine competency for a certificate of competency.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. ) ## 7652. The division may determine by examination the competency of an applicant for a certificate of competency. (Added by Stats. 1945, Ch. 1142.)
  117. 7652.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    A certified inspector employed by an insurer or employer to inspect only tanks and boilers under his jurisdiction does not have to be a citizen or elector.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. ) ## 7652.5. Notwithstanding any other provision of the law, a certified inspector employed by an insurer or by an employer for the purpose of inspecting only tanks and boilers under his jurisdiction need not be a citizen or an elector. (Added by Stats. 1957, Ch. 1347.)
  118. 7653.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division may revoke a certificate of competency if good cause is shown.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. ) ## 7653. Upon good cause being shown therefor, the division may revoke a certificate of competency. (Added by Stats. 1945, Ch. 1142.)
  119. 7654.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    Certified inspectors must send inspection reports to the division within 21 days after each routine inspection, and urgent reports must be made to the division by telegraph or telephone within 24 hours when serious conditions are found.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. ) ## 7654. Where serious conditions are found by certified inspectors that would jeopardize the life, limb, or safety of employees, the reports of inspection shall be made forthwith to the division by telegraph or telephone within twenty-four hours. Within twenty-one days after each routine inspection, every certified inspector shall forward a report of his inspection, on prescribed forms, to the division. His certificate of competency may be suspended or revoked by the division for failure to comply with this section. (Amended by Stats. 1949, Ch. 1530.)
  120. 7655.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division must adopt safety regulations for vendor facilities that store and pump compressed or liquefied natural gas and liquefied petroleum gas into vehicles.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 2. Administration [7650 - 7655] ( Chapter 2 added by Stats. 1945, Ch. 1142. ) ## 7655. The division shall prepare and adopt regulations in accordance with the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, designed to promote safety with respect to the installation and operation of vendor facilities for the storage and pumping of compressed or liquefied natural gas and liquefied petroleum gas into vehicles. (Amended by Stats. 1983, Ch. 142, Sec. 119.)
  121. 7680.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    A tank or boiler may not be operated unless a permit for its operation has been issued by or for the division.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7680. No tank or boiler shall be operated unless a permit for its operation has been issued by or in behalf of the division. (Amended by Stats. 1976, Ch. 467.)
  122. 7681.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division must inspect installed tanks at least every five years, with a separate initial-inspection rule for certain smaller or lower-pressure tanks.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7681. (a) The division shall inspect or cause to be inspected each installed tank at least every five years, except for any tank specified in subdivision (b). (b) Any air pressure tank which contains 25 cubic feet or less and is not subject to pressure of more than 150 pounds per square inch and any liquefied petroleum gas tank used for storage, except a tank used for dispensing purposes as part of a dispensing unit, which contains 575 gallons or less shall be inspected or caused to be inspected by the division when the tank is initially placed into service if the tank is constructed, inspected and stamped in compliance with the American Society of Mechanical Engineers (ASME) Code, or the design, material, and construction of the tank is approved by the division as equivalent to the ASME Code. (c) “Dispensing unit,” as used in this section, means a stationary liquefied petroleum gas installation, other than a bulk plant, from which a product is dispensed, for final utilization, into mobile fuel tanks or portable cylinders. (Amended by Stats. 1987, Ch. 1216, Sec. 1.)
  123. 7682.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division must inspect fired boilers annually, and may extend the internal inspection interval up to 36 months if equivalent safety is shown.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7682. The division shall inspect or cause to be inspected each installed fired boiler internally and externally at least every year, except that the division may grant extensions to permit the interval between internal inspections to be increased to a maximum interval of 36 months where operating experience and design of the boiler has demonstrated to the satisfaction of the division that equivalent safety will be maintained. For other classes of boilers, the division shall establish internal inspection intervals which will ensure the safety of people working in the vicinity of the boiler. In determining the intervals, the division shall consider such factors as the design and construction of the boilers and the conditions under which they operate. External inspection shall be made of all boilers at the time of the internal inspection and at any other intervals as are deemed necessary by the division acting through qualified safety engineers and certified inspectors. (Amended by Stats. 1988, Ch. 684, Sec. 1.)
  124. 7683.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    Permits must be issued for tanks or boilers found safe, and permit terms are limited: up to five years for tanks, up to one year for boilers, with a special ongoing rule for certain tanks that stay compliant.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7683. (a) If a tank or boiler is found to be in a safe condition for operation, a permit shall be issued by or on behalf of the division for its operation. (b) In the case of a tank, the permit shall continue in effect for not longer than five years, except for any tank specified in subdivision (b) of Section 7681. (c) In the case of a tank specified in subdivision (b) of Section 7681, the permit shall remain in effect as long as the tank is in compliance with applicable provisions of this part and regulations contained in Title 8 of the California Administrative Code. A new inspection and permit for operation shall be required whenever there is a change in ownership and permanent location of the tank or there is an alteration or change in the tank which affects the tank’s safety. This subdivision applies to any permit in effect on the effective date of this subdivision as well as to any permit issued after such date. Notwithstanding any other provision of law, an insurer is not liable for any permit issued prior to the effective date of this subdivision for any tank specified in subdivision (b) of Section 7681 for any period of time exceeding the period for which the last permit was issued. (d) In the case of a boiler, the permit shall continue in effect for a period which is not longer than one year. (Amended by Stats. 1980, Ch. 1279.)
  125. 7684.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    A permit or a clear copy of it must be posted in a protective container in a visible place on or near the covered tank or boiler.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7684. Each permit or a clear reproduced copy thereof shall be posted in a protective container in a conspicuous place on or near the tank or boiler covered by it. (Amended by Stats. 1985, Ch. 413, Sec. 2.)
  126. 7685.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division may issue and renew temporary permits, but each permit cannot exceed 30 days and is tied to pending replacements or repairs.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7685. The division may issue and renew temporary permits for not to exceed 30 days each, pending the making of replacements or repairs. (Added by Stats. 1945, Ch. 1142.)
  127. 7686.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division may revoke any permit if good cause is shown, after notice and an opportunity to be heard.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7686. Upon good cause being shown therefor, and after notice and an opportunity to be heard, the division may revoke any permit. (Added by Stats. 1945, Ch. 1142.)
  128. 7687.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    If an inspection finds a tank or boiler unsafe or dangerous, the division may order repairs or alterations and may stop its use until the problem is fixed.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7687. If the inspection shows a tank or boiler to be in an unsafe or dangerous condition, the division may issue a preliminary order requiring such repairs or alterations to be made to it as are necessary to render it safe, and may order its use discontinued until the repairs or alterations are made or the dangerous or unsafe condition is remedied. (Added by Stats. 1945, Ch. 1142.)
  129. 7688.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    If a preliminary order is not complied with, the division must allow a hearing on request, and the owner, operator, or person in charge of the tank or boiler may appear and explain why they should not comply.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7688. Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in charge of the tank or boiler may appear and show cause why he should not comply with the order. (Added by Stats. 1945, Ch. 1142.)
  130. 7689.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    If a tank or boiler is found unsafe, the division may withhold or confirm withholding of the permit and may require repairs, alterations, or other safety corrections.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7689. If it thereafter appears to the division that the tank or boiler is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make the tank or boiler safe, the division may order or confirm the withholding of the permit and may make such requirements as it deems proper for the repair or alteration of the tank or boiler, or the correction of the dangerous and unsafe conditions. (Added by Stats. 1945, Ch. 1142.)
  131. 7690.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division may rehear the order, and the courts may review it, only in the manner this code sets for safety orders.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7690. The order may be reheard by the division, or reviewed by the courts, in the manner specified by this code for safety orders, and not otherwise. (Added by Stats. 1945, Ch. 1142.)
  132. 7691.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    If a tank or boiler’s operation seriously endangers workers, the division, its safety engineers, or any affected person may ask the county superior court for an injunction to stop the operation until the problem is fixed.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7691. If the operation of a tank or boiler constitutes a serious menace to the life or safety of any person employed about it, the division or any of its safety engineers or any person affected thereby, may apply to the superior court of the county in which the tank or boiler is situated for an injunction restraining its operation until the condition has been corrected. (Amended by Stats. 1949, Ch. 1530.)
  133. 7692.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    A division certification that no valid permit exists, together with a safety engineer’s affidavit that the tank or boiler is dangerous, is enough to justify an immediate temporary restraining order.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 3. Operation of Tanks and Boilers [7680 - 7692] ( Chapter 3 added by Stats. 1945, Ch. 1142. ) ## 7692. The certification of the division that no valid permit exists for the operation of a tank or boiler, and the affidavit of any safety engineer of the division that its operation constitutes a menace to the life or safety of any person employed about it, is sufficient proof to warrant the immediate granting of a temporary restraining order. (Amended by Stats. 1949, Ch. 1530.)
  134. 77.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. )

    Verify source ↗

    The commission must examine the workers’ compensation system, report annually, and share reports on request; other state bodies and certain rating organizations must cooperate and provide requested information.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. ) ## 77. (a) The commission shall conduct a continuing examination of the workers’ compensation system, as defined in Section 4 of Article XIV of the California Constitution, and of the state’s activities to prevent industrial injuries and occupational diseases. The commission may conduct or contract for studies it deems necessary to carry out its responsibilities. In carrying out its duties, the commission shall examine other states’ workers’ compensation programs and activities to prevent industrial injuries and occupational diseases. All state departments and agencies, and any rating organization licensed by the Insurance Commissioner pursuant to Article 3 (commencing with Section 11750) of Chapter 3 of Part 3 of Division 2 of the Insurance Code, shall cooperate with the commission and upon reasonable request provide information and data in their possession that the commission deems necessary for the purpose of carrying out its responsibilities. The commission shall issue an annual report on the state of the workers’ compensation system, including recommendations for administrative or legislative modifications which would improve the operation of the system. The report shall be made available to the Governor, the Legislature, and the public on request. (b) On or before July 1, 2003, and periodically thereafter as it deems necessary, the commission shall issue a report and recommendations on the improvement and simplification of the notices required to be provided by insurers and self-insured employers. (c) The commission succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the Health and Safety Commission which is hereby abolished, including the administration of grants to assist in establishing effective occupational injury and illness prevention programs. (Amended by Stats. 2002, Ch. 6, Sec. 20. Effective January 1, 2003.)
  135. 77.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. )

    Verify source ↗

    The commission must conduct a survey and evaluation by July 1, 2004, and must issue a report of its findings and recommendations to the administrative director by October 1, 2004.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. ) ## 77.5. (a) On or before July 1, 2004, the commission shall conduct a survey and evaluation of evidence-based, peer-reviewed, nationally recognized standards of care, including existing medical treatment utilization standards, including independent medical review, as used in other states, at the national level, and in other medical benefit systems. The survey shall be updated periodically. (b) On or before October 1, 2004, the commission shall issue a report of its findings and recommendations to the administrative director for purposes of the adoption of a medical treatment utilization schedule. (Added by Stats. 2003, Ch. 639, Sec. 3. Effective January 1, 2004.)
  136. 77.8.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. )

    Verify source ↗

    The Commission on Health and Safety and Workers’ Compensation must study how COVID-19 claims affected workers’ compensation and must report to the Legislature and Governor by specified deadlines.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. ) ## 77.8. The Commission on Health and Safety and Workers’ Compensation shall conduct a study of the impacts claims of COVID-19 have had on the workers’ compensation system, including overall impacts on indemnity benefits, medical benefits, and death benefits, including differences in the impacts across differing occupational groups, and including the effect of Sections 3212.87 and 3212.88. A preliminary report or a final report shall be delivered to the Legislature, pursuant to Section 9795 of the Government Code, and the Governor by December 31, 2021, and the final report shall be delivered to the Legislature, pursuant to Section 9795 of the Government Code, and the Governor no later than April 30, 2022. (Added by Stats. 2020, Ch. 85, Sec. 1. (SB 1159) Effective September 17, 2020.)
  137. 7720.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division must not charge an inspection fee when the inspection is made by a certified inspector and the inspection and reports are submitted within the time limits in this part.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. ) ## 7720. The division shall not charge an inspection fee where an inspection is made by a certified inspector if the inspection has been made and reports have been submitted within the time limits specified in this part. (Amended by Stats. 2016, Ch. 31, Sec. 220. (SB 836) Effective June 27, 2016.)
  138. 7721.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    The division must set and collect several fees for tank and boiler inspections and related services, and a late payer must pay a 100% penalty fee after 60 days’ notice.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. ) ## 7721. (a) The division shall fix and collect fees for the shop, field, and resale inspection of tanks and boilers and for consultations, surveys, audits, and other activities required or related to national standards concerning the design or construction of boilers or pressure vessels or for evaluating fabricator’s plant facilities when these services are requested of the division by entities desiring these services. The division shall fix and collect the fees for the inspection of pressure vessels by a division safety engineer. The division may charge an additional fee for necessary subsequent inspections to determine if applicable safety orders have been complied with. (b) The division shall charge a fee for processing a permit. (c) The division shall fix and collect fees for field consultations regarding pressure vessels. (d) Whenever a person owning or having the custody, management, or operation of a pressure vessel fails to pay the fees required under this chapter within 60 days after notification, he or she shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of the fee. (e) Any fees required pursuant to this section shall be in amounts sufficient to cover the direct and indirect costs of the division for administering this part and shall be adopted as emergency regulations. These emergency regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the provisions of the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These regulations shall become effective immediately upon filing with the Secretary of State. (Amended by Stats. 2016, Ch. 31, Sec. 221. (SB 836) Effective June 27, 2016.)
  139. 7722.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    Fees collected under this part must be paid into the Pressure Vessel Account, and the division must set fee criteria, prepare an annual report, and file it with specified legislative and finance offices.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. ) ## 7722. (a) The fees collected under this part shall be paid into the Pressure Vessel Account, which is hereby created, to be used for the administration of the division pressure vessel safety program. (b) The division shall establish criteria upon which fee charges are based and prepare an annual report concerning revenues obtained and expenditures appropriated for the pressure vessel safety program. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, and the Department of Finance. (Amended by Stats. 2016, Ch. 31, Sec. 222. (SB 836) Effective June 27, 2016.)
  140. 7725.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    This section defines several terms used in the chapter, including small tank, large tank, shop inspection, field inspection, and resale inspection.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. ) ## 7725. As used in this chapter, the following terms shall have the meaning therein given them. (a) “Small tank” shall mean any tank 1,200 gallons water capacity or less. (b) “Large tank” shall mean any tank of more than 1,200 gallons water capacity. (c) “Shop inspection” shall mean the inspection and testing of tanks or boilers, manufactured, or in the process of manufacture, repair, or alteration, in the manufacturer’s shops, or at the jobsite, in accordance with the applicable rules of the respective codes under which they are manufactured. (d) “Field inspection” shall mean the inspection and testing of installed tanks or boilers or both tanks and boilers, regardless of location. (e) “Resale inspection” shall mean the inspection of boilers or tanks in the possession of a dealer or vendor at the request of a user who contemplates the purchase thereof. (Amended by Stats. 1976, Ch. 467.)
  141. 7726.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    Inspection fees must be paid before a permit is issued.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. ) ## 7726. All inspection fees shall be paid before the issuance of a permit. (Added by renumbering Section 7723 by Stats. 1949, Ch. 1530.)
  142. 7728.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    If an owner or user of apparatus or equipment does not pay the required fees within 60 days after notification, they must pay an extra penalty fee equal to 100% of the fee.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 4. Inspection Fees [7720 - 7728] ( Chapter 4 added by Stats. 1945, Ch. 1142. ) ## 7728. Whenever an owner or user of any apparatus or equipment fails to pay the fees required under this chapter within 60 days after notification, said owner or user shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of such fee. For the purposes of this section, the date of the invoice shall be considered the date of notification. (Added by Stats. 1965, Ch. 1191.)
  143. 7750.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 5. Offenses [7750- 7750.] ( Chapter 5 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    A person who owns, controls, manages, or operates a tank or boiler commits a misdemeanor if it is operated without the required permit, unless a permit request is still pending.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 5. Offenses [7750- 7750.] ( Chapter 5 added by Stats. 1945, Ch. 1142. ) ## 7750. Except during the time that a request for a permit remains unacted upon, every person owning or having the custody, management, or operation of a tank or boiler who operates it without a permit issued pursuant to this part is guilty of a misdemeanor. The operation of a tank or boiler without a permit constitutes a separate offense for each day that it is so operated. (Added by Stats. 1945, Ch. 1142.)
  144. 7770.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 6. Mismanagement of Steam Boilers [7770 - 7771] ( Chapter 6 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    A person in charge of a steam boiler, steam engine, or similar steam apparatus used in a manufactory, railway, or other mechanical works commits a felony if they create or allow dangerous excess steam that bursts equipment or endangers human life.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 6. Mismanagement of Steam Boilers [7770 - 7771] ( Chapter 6 added by Stats. 1945, Ch. 1142. ) ## 7770. Every engineer or other person having charge of any steam-boiler, steam-engine, or other apparatus for generating or employing steam, used in any manufactory, railway, or other mechanical works, who wilfully, or from ignorance or from gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby human life is endangered, is guilty of a felony. (Added by Stats. 1945, Ch. 1142.)
  145. 7771.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 6. Mismanagement of Steam Boilers [7770 - 7771] ( Chapter 6 added by Stats. 1945, Ch. 1142. )

    Verify source ↗

    A person in charge of certain steam boilers, steam engines, or similar steam apparatus must not create or allow excessive steam that bursts equipment or causes a fatal accident.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 6. TANKS AND BOILERS [7620 - 7771] ( Part 6 added by Stats. 1945, Ch. 1142. ) ## CHAPTER 6. Mismanagement of Steam Boilers [7770 - 7771] ( Chapter 6 added by Stats. 1945, Ch. 1142. ) ## 7771. Every person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, used in any manufactory, railroad, vessel, or other mechanical works, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is caused, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (Amended by Stats. 2011, Ch. 15, Sec. 223. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  146. 78.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. )

    Verify source ↗

    The commission must review and approve certain grant applications and set evaluation policies, and it must give priority to applications targeting higher-risk work settings.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Commission on Health and Safety and Workers’ Compensation [75 - 78] ( Chapter 3 added by Stats. 1993, Ch. 227, Sec. 2. ) ## 78. (a) The commission shall review and approve applications from employers and employee organizations, as well as applications submitted jointly by an employer organization and an employee organization, for grants to assist in establishing effective occupational injury and illness prevention programs. The commission shall establish policies for the evaluation of these applications and shall give priority to applications proposing to target high-risk industries and occupations, including those with high injury or illness rates, and those in which employees are exposed to one or more hazardous substances or conditions or where there is a demonstrated need for research to determine effective strategies for the prevention of occupational illnesses or injuries. (b) Civil and administrative penalties assessed and collected pursuant to Sections 129.5 and 4628 shall be deposited in the Workers’ Compensation Administration Revolving Fund. Moneys in the fund, when appropriated by the Legislature to fund the grants under subdivision (a) and other activities and expenses of the commission set forth in this code, shall be expended by the department, upon approval by the commission. (Amended by Stats. 2002, Ch. 866, Sec. 1. Effective January 1, 2003.)
  147. 7800.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7. VOLATILE FLAMMABLE LIQUIDS [7800 - 7803] ( Part 7 added by Stats. 1953, Ch. 922. )

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    This section defines “volatile flammable liquids” for this part of the Labor Code.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7. VOLATILE FLAMMABLE LIQUIDS [7800 - 7803] ( Part 7 added by Stats. 1953, Ch. 922. ) ## 7800. “Volatile flammable liquids” as used in this part means any petroleum or liquid product of petroleum or natural gas having a flash point below 100 degrees Fahrenheit, and includes any petroleum or liquid product of petroleum or natural gas while at a temperature above its flash point. Flash points shall be as determined by means of the Tag Closed Tester, Designation D56-36 American Society for Testing Materials, or the Pensky-Martens Closed Tester, Designation D93-42 American Society for Testing Materials. (Added by Stats. 1953, Ch. 922.)
  148. 7801.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7. VOLATILE FLAMMABLE LIQUIDS [7800 - 7803] ( Part 7 added by Stats. 1953, Ch. 922. )

    Verify source ↗

    This section defines “Occupational Safety and Health Standards Board” for this part.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7. VOLATILE FLAMMABLE LIQUIDS [7800 - 7803] ( Part 7 added by Stats. 1953, Ch. 922. ) ## 7801. “Occupational Safety and Health Standards Board” as used in this part means the Occupational Safety and Health Standards Board of the Division of Occupational Safety and Health, Department of Industrial Relations, State of California. (Amended by Stats. 1980, Ch. 676.)
  149. 7802.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7. VOLATILE FLAMMABLE LIQUIDS [7800 - 7803] ( Part 7 added by Stats. 1953, Ch. 922. )

    Verify source ↗

    The Occupational Safety and Health Standards Board must adopt general orders under Section 6500 to make this part effective.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7. VOLATILE FLAMMABLE LIQUIDS [7800 - 7803] ( Part 7 added by Stats. 1953, Ch. 922. ) ## 7802. The Occupational Safety and Health Standards Board shall adopt general orders pursuant to Section 6500, to make effective the provisions of this part. (Amended by Stats. 1980, Ch. 676.)
  150. 7803.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7. VOLATILE FLAMMABLE LIQUIDS [7800 - 7803] ( Part 7 added by Stats. 1953, Ch. 922. )

    Verify source ↗

    Employers covered by this section must provide adequate means for employees to extinguish flames on their person or clothing.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7. VOLATILE FLAMMABLE LIQUIDS [7800 - 7803] ( Part 7 added by Stats. 1953, Ch. 922. ) ## 7803. Every employer who engages in any business requiring any employee to handle or use any volatile flammable liquid or to work in the close proximity of any such liquid in sufficient quantity and under conditions affording opportunity for the person or clothing becoming ignited shall provide adequate means of extinguishment whereby such employee may extinguish flames on his person or clothing. (Added by Stats. 1953, Ch. 922.)
  151. 7850.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 1. General [7850 - 7853] ( Chapter 1 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    This section names the California Refinery and Chemical Plant Worker Safety Act of 1990.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 1. General [7850 - 7853] ( Chapter 1 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7850. This part shall be known and cited as the California Refinery and Chemical Plant Worker Safety Act of 1990. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  152. 7851.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 1. General [7850 - 7853] ( Chapter 1 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    The Legislature states that workers in refineries, chemical plants, and related facilities need stronger training and process safety measures because chemical handling can be hazardous.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 1. General [7850 - 7853] ( Chapter 1 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7851. The Legislature finds and declares that because of the potentially hazardous nature of handling large quantities of chemicals and recent disasters involving chemical handling in other states, a greater state effort is required to ensure worker safety. The Legislature also recognizes that a key element for ensuring workplace safety is adequate employee training. The potential consequences of explosions, fires, and releases of dangerous chemicals may be catastrophic. Thus, immediate and comprehensive government action must be taken to ensure that workers in refineries, chemical plants, and other related facilities are thoroughly trained and that adequate process safety management practices are implemented. (Amended by Stats. 2024, Ch. 978, Sec. 1. (AB 3258) Effective January 1, 2025.)
  153. 7852.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 1. General [7850 - 7853] ( Chapter 1 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    The Board and the Division should reduce duplication with other state programs and reporting requirements when developing standards for refinery and chemical plant safety.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 1. General [7850 - 7853] ( Chapter 1 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7852. (a) It is the intent of the Legislature, in enacting this part, that the Occupational Safety and Health Standards Board and the Division of Occupational Safety and Health promote worker safety through implementation of training and process safety management practices in refineries and chemical plants and other facilities deemed appropriate. (b) To the maximum extent practicable, the board and the division shall minimize duplications with other state statutory programs and business reporting requirements when developing standards pursuant to Chapter 2 (commencing with Section 7855). (c) It is further the intent of the Legislature, in enacting this part, that in the interest of promoting worker safety, standards be adopted by March 31, 2014. (Amended by Stats. 2024, Ch. 978, Sec. 2. (AB 3258) Effective January 1, 2025.)
  154. 7853.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 1. General [7850 - 7853] ( Chapter 1 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    This section defines “biofuel,” “process safety management,” and “refinery” for this part.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 1. General [7850 - 7853] ( Chapter 1 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7853. For the purposes of this part: (a) “Biofuel” means biodiesel, renewable diesel, renewable aviation fuel, or other liquid products derived from alternative feedstock if the alternative feedstock is refined through coprocessing or at a refinery that was converted from petroleum to alternative feedstock. (b) “Process safety management” means the application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near hazardous chemicals. Process safety management is intended to prevent or minimize the consequences of catastrophic releases of acutely hazardous, flammable, or explosive chemicals. (c) “Refinery” means an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock. (Amended by Stats. 2024, Ch. 978, Sec. 3. (AB 3258) Effective January 1, 2025.)
  155. 7855.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    This chapter aims to prevent or reduce catastrophic releases of toxic, flammable, or explosive chemicals and the risks to workers in refineries, chemical plants, and related manufacturing facilities.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7855. The purpose of this chapter is to prevent or minimize the consequences of catastrophic releases of toxic, flammable, or explosive chemicals. The establishment of process safety management standards are intended to eliminate, to a substantial degree, the risks to which workers are exposed in refineries, chemical plants, and other related manufacturing facilities. (Amended by Stats. 2024, Ch. 978, Sec. 4. (AB 3258) Effective January 1, 2025.)
  156. 7856.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    The board must adopt process safety management standards by March 31, 2014, and may extend them to certain other facilities after a risk finding. The division must propose refinery regulations by January 1, 2026, and the board must consider them for adoption.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7856. (a) By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle regulated substances as defined in subdivision (i) of Section 25532 of the Health and Safety Code and pose a significant likelihood of accident risk, as determined by the board. Alternately, upon making a finding that there is a significant likelihood of risk to employees at a facility not included in Codes 28 and 29 resulting from the presence of acutely hazardous materials or explosives as identified in Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations, the board may require that these facilities be subject to the jurisdiction of the standards provided for in this section. When adopting these standards, the board shall give priority to facilities and areas of facilities where the potential is greatest for preventing severe or catastrophic accidents because of the size or nature of the process or business. The standards adopted pursuant to this section shall require that injury prevention programs of employers subject to this part and implemented pursuant to Section 6401.7 include the requirements of this part. (b) By January 1, 2026, the division shall propose, and the board shall consider for adoption, regulations that implement this part for refineries. (Amended by Stats. 2024, Ch. 978, Sec. 5. (AB 3258) Effective January 1, 2025.)
  157. 7857.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    The process safety management standards must include provisions covering the items listed in Sections 7858 to 7868.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7857. The process safety management standards shall include provisions dealing with the items prescribed by Sections 7858 to 7868, inclusive, of this chapter. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  158. 7858.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Employers handling processes with acutely hazardous and flammable materials must maintain written safety information, involve employees, communicate the information, and keep it accessible to workers in or near the process area.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7858. The employer shall develop and maintain a compilation of written safety information to enable the employer and the employees operating the process to identify and understand the hazards posed by processes involving acutely hazardous and flammable material. The employer shall provide for employee participation in this process. This safety information shall be communicated to employees involved in the processes, and shall include information pertaining to hazards of acutely hazardous and flammable materials used in the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. A copy of this information and communication shall be accessible to all workers who perform any duties in or near the process area. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  159. 7859.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Employers must perform hazard analyses, involve knowledgeable operating employees, and make the final report available in the work area; they must also provide a copy of the facility’s risk management prevention program on request.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7859. The employer shall perform a hazard analysis for identifying, evaluating, and controlling hazards involved in the process. The employer shall provide for the participation of knowledgeable operating employees in these analyses. The final report containing the results of the hazardous analysis for each process shall be available, in the respective work area, for review by any person working in that area. Upon request of any worker or any labor union representative of any worker in the area, the employer shall provide or make available a copy of any risk management prevention program prepared for that facility pursuant to Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code. The board, when adopting a standard or standards pertaining to this section, may authorize employers to submit risk management prevention programs prepared pursuant to Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code to satisfy related requirements in whole or in part. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  160. 7860.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    The employer must create, implement, keep accessible, and review written operating procedures for each process.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7860. (a) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each process consistent with the process safety information. (b) A copy of the operating procedures shall be readily accessible to employees or to any other person who works in or near the process area. (c) The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  161. 7861.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Employers must train certain process employees, provide refresher and supplemental training as needed, keep a certification record after training, and establish testing procedures for competency.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7861. (a) Each employee whose primary duties include the operating or maintenance of a process, and each employee prior to assuming operations and maintenance duties in a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in Section 7860. The training shall include emphasis on the specific safety and health hazards, procedures, and safe practices applicable to the employee’s job tasks. (b) Refresher and supplemental training shall be provided to each operating or maintenance employee, or both, and other worker necessary to ensure safe operation of the facility and on a recurring regular schedule as determined adequate by the board. (c) The employer shall ensure that each worker necessary to ensure safe operation of the facility has received and successfully completed training as specified by this section. The employer, after the initial or refresher training shall prepare a certification record which contains the identity of the employee, the date of training, and the signature of the person conducting the training. Testing procedures shall be established by each employer to ensure competency in job skill levels and safe and healthy work practices. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  162. 7862.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Employers must warn contractors about process hazards, safety rules, and the emergency action plan, and contractors must ensure their workers are trained and follow facility rules.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7862. (a) The employer shall inform contractors performing work on, or near, a process of the known potential fire, explosion, or toxic release hazards related to the contractor’s work and the process, and require that contractors have trained their employees to a level adequate to safely perform their job. The employer shall also inform contractors of any applicable safety rules of the facility, and assure that the contractors have so informed their employees. (b) The employer shall explain to contractors the applicable provisions of the emergency action plan required by Section 7868. (c) Contractors shall assure that their employees have received training to safely perform their jobs and that these employees will adhere to all applicable work practices and safety rules of the facility. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  163. 7863.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Employers must complete a prestartup safety review before certain new or modified facilities are operated.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7863. The employer shall perform a prestartup safety review for new facilities and for modified facilities for which the modification necessitates a change in the process safety information. These reviews shall include knowledgeable operating employees. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  164. 7864.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Employers must set up and carry out written procedures plus inspection and testing programs to keep process equipment safe and working properly.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7864. The employer shall establish and implement written procedures and inspection and testing programs to maintain the ongoing integrity of process equipment. These programs shall include a process for allowing employees to identify and report potentially faulty or unsafe equipment, and to record their observations and suggestions in writing. The employer shall respond regarding the disposition of the employee’s concerns contained in the reports in a timely manner. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  165. 7865.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    The employer must develop and implement a written procedure for issuing hot work permits.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7865. The employer shall develop and implement a written procedure governing the issuance of “hot work” permits. “Hot work” includes electric or gas welding, cutting, brazing, or similar flame- or spark-producing operations. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  166. 7866.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Employers must have written procedures for managing changes to chemicals, technology, equipment, and facilities, except for replacements in kind.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7866. The employer shall establish and implement written procedures to manage changes, except for replacements in kind, to process chemicals, technology, and equipment, and to make changes to facilities. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  167. 7867.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Employers must have a written procedure for investigating workplace incidents that resulted in, or could reasonably have resulted in, a major accident.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7867. The employer shall establish a written procedure for investigating every incident which results in, or, as determined by board criteria, could reasonably have resulted in, a major accident in the workplace. The procedure shall, at a minimum, require that a written report be prepared and be provided to all employees whose work assignments are within the facility where the incident occurred at the time the incident occurred and shall also include establishing a method for dealing with findings and recommendations. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  168. 7868.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    The employer must establish and implement an emergency action plan.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7868. The employer shall establish and implement an emergency action plan. The employer may use the business plan for emergency response submitted pursuant to subdivision (a) of Section 25503.5 and subdivision (b) of Section 25505 of the Health and Safety Code if it meets the standards adopted by the board. (Added by Stats. 1990, Ch. 1632, Sec. 1.)
  169. 7870.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    The division must set and collect reasonable fees for certain process-safety work, and the fees must be adopted by March 31, 2014.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7870. Notwithstanding the availability of federal funds to carry out the purposes of this part, the division shall annually fix and collect reasonable fees for consultation, inspection, adoption of standards, and other duties conducted pursuant to this part. The fees shall be adopted by March 31, 2014. All revenue collected from these fees shall be deposited into the Occupational Safety and Health Fund. The fees shall be sufficient to support, at a minimum, the annual cost of 15 positions. The expenditure of these funds shall be subject to appropriation by the Legislature in the annual Budget Act or other measure. (Amended by Stats. 2013, Ch. 28, Sec. 44. (SB 71) Effective June 27, 2013.)
  170. 7872.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    Refinery employers must give the division a yearly planned-turnaround schedule and, when requested, let it review specified turnaround documents before shutdowns.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7872. (a) As used in this section and in Section 7873, “turnaround” means a planned, periodic shutdown, total or partial, of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. “Turnaround” does not include unplanned shutdowns that occur due to emergencies or other unexpected maintenance matters in a process unit or plant. “Turnaround” also does not include routine maintenance, where routine maintenance consists of regular, periodic maintenance on one or more pieces of equipment at a refinery process unit or plant that may require shutdown of that equipment. (b) Every September 15, every refinery employer shall submit to the division a full schedule of planned turnarounds for all affected units for the following calendar year. (c) At the request of the division, at least 60 days prior to the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review the following documentation for the process unit or plant scheduled to be shut down for that turnaround: (1) All corrosion reports and risk-based inspection reports generated since the last turnaround. (2) Process hazard analyses generated since the last turnaround. (3) Boiler permit schedules. (4) All management of change records related to repairs, design modifications, and process changes implemented since the last turnaround or scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b). (5) Work orders scheduled to be completed in the planned turnaround referenced in this subdivision and identified in subdivision (b). (6) All temporary repairs made since the last turnaround, including, but not limited to, clamps and encapsulations. As used in this section, “temporary repairs” means repairs made to piping systems in order to restore sufficient integrity to continue safe operation until permanent repairs can be scheduled. (7) Notification and description of all repairs, design modifications, or process changes described in a corrosion report, risk-based inspection report, process hazard analysis, boiler permit schedule, management of change record, work order, or other document listed in paragraphs (1) to (6), inclusive, that the refinery employer has deferred to a subsequent operational period or turnaround. (d) The division may request additional information as necessary to perform its responsibilities in this part pursuant to Section 6314. (e) At the request of the division, at least 30 days before the shutdown of a process unit or plant as part of a planned turnaround, a refinery employer shall provide access onsite and allow the division to review any changes to the information or documents reviewed by the division pursuant to subdivision (c) and relevant supporting documents. (f) At the division’s request, a refinery employer shall provide the division with physical copies, or, at the division’s discretion, electronic copies if available, of the documentation reviewed by the division pursuant to subdivisions (c), (d), and (e). (g) By agreement with a refinery employer, the division may modify the reporting period as to any individual item of information. (h) This section is not intended to limit or increase the division’s authority in Part 1 (commencing with Section 6300) to prohibit use of a place of employment, machine, device, apparatus, or equipment or any part thereof that constitutes an imminent hazard to employees. (i) The Legislature finds and declares that the purpose of this section is to improve the ability of the state to conduct inspections of refining operations. (Amended by Stats. 2024, Ch. 978, Sec. 6. (AB 3258) Effective January 1, 2025.)
  171. 7873.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. )

    Verify source ↗

    This section treats certain refinery turnaround and submitted information as trade secrets, requires refinery employers to give the information to the division, limits public release, and makes unauthorized disclosure by a division officer or employee a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 7.5. REFINERY AND CHEMICAL PLANTS [7850 - 7873] ( Part 7.5 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## CHAPTER 2. Process Safety Management Standards [7855 - 7873] ( Chapter 2 added by Stats. 1990, Ch. 1632, Sec. 1. ) ## 7873. (a) As used in this section, “trade secret” means a trade secret as defined in subdivision (f) of Section 7924.510 of the Government Code or Section 1061 of the Evidence Code, and shall include the schedule submitted to the division pursuant to subdivision (b) of Section 7872 of this code, and the scheduling, duration, layout, configuration, and type of work to be performed during a turnaround. Upon completion of a turnaround, the scheduling and duration of that turnaround shall no longer be considered a trade secret. The wages, hours, benefits, job classifications, and training standards for employees performing work for refinery employers is not a trade secret. (b) (1) If a refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the refinery employer shall nevertheless provide this information to the division. The refinery employer, at the time of submission, may identify all or a portion of the information submitted to the division as trade secret and, to the extent feasible, segregate records designated as trade secret from the other records. (2) Subject to subdivisions (c), (d), and (g), the division shall not release to the public any information designated as a trade secret by the refinery employer pursuant to paragraph (1). (c) (1) Upon the receipt of a request for the release of information to the public that includes information that the refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the refinery employer in writing of the request by certified mail, return receipt requested. (2) The division shall release the requested information to the public, unless both of the following occur: (A) Within 30 days of receipt of the notice of the request for information, the refinery employer files an action in an appropriate court for a declaratory judgment that the information is subject to protection as a trade secret, as defined in subdivision (a), and promptly notifies the division of that action. (B) Within 120 days of receipt of the notice of the request for information, the refinery employer obtains an order prohibiting disclosure of the information to the public and promptly notifies the division of that action. (3) This subdivision shall not be construed to allow a refinery employer to refuse to disclose the information required pursuant to this section to the division. (d) Except as provided in subdivision (c), any information that has been designated as a trade secret by a refinery employer shall not be released to any member of the public, except that the information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division. (e) (1) The refinery employer filing an action pursuant to paragraph (2) of subdivision (c) shall provide notice of the action to the person requesting the release of the information at the same time that the defendant in the action is served. (2) A person who has requested the release of information that includes information that the refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the refinery employer filed pursuant to paragraph (2) of subdivision (c). The court shall permit that person to intervene. (f) The public agency shall not bear the court costs for any party named in litigation filed pursuant to this section. (g) This section shall not be construed to prohibit the exchange of trade secrets between local, state, or federal public agencies or state officials when those trade secrets are relevant and reasonably necessary to the exercise of their authority. (h) If the person requesting the release of information identified by a refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the refinery employer in writing of the action by certified mail, return receipt requested. The refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the refinery employer. The court shall permit the refinery employer to intervene. (i) An officer or employee of the division who, by virtue of that employment or official position, has possession of, or has access to, trade secret information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person that the officer or employee knows is not entitled to receive it, is guilty of a misdemeanor. A contractor with the division and an employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the division for purposes of this section. (Amended by Stats. 2024, Ch. 978, Sec. 7. (AB 3258) Effective January 1, 2025.)
  172. 79.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    This section creates the Division of Labor Standards Enforcement and places it under a chief appointed by the Governor, subject to Senate confirmation.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 79. There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance. (Repealed and added by Stats. 1976, Ch. 746.)
  173. 7900.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    This section says Part 8 is called the Amusement Rides Safety Law and may be cited by that name.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7900. This part shall be known and may be cited as the Amusement Rides Safety Law. (Added by Stats. 1968, Ch. 1113.)
  174. 7901.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    This section defines “amusement ride,” “operator” or “owner,” and “permit,” and gives the division power to determine which devices count as amusement rides for this part.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7901. As used in this part: (a) “Amusement ride” means a mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. “Amusement ride” includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances which operate directly on the ground or on the surface or pavement directly on the ground or the operation of amusement devices of a permanent nature. The division shall determine the specific devices which are amusement rides for the purposes of this part. This determination shall be made to apply equally to all operators of similar or identical rides and shall be made pursuant to a procedure promulgated by the standards board. (b) “Operator” or “owner” means a person who owns or controls or has the duty to control the operation of an amusement ride. It includes the state and every state agency, and each county, city, district, and all public and quasi-public corporations and public agencies therein. (c) “Permit” means a document issued by the division which indicates that an inspection of the ride has been performed pursuant to rules and regulations adopted by the division. (Amended by Stats. 1992, Ch. 520, Sec. 1. Effective January 1, 1993.)
  175. 7902.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    The division must write rules for amusement ride safety for adoption by the Occupational Safety and Health Standards Board.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7902. The division shall promulgate and formulate rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe installation, repair, maintenance, use, operation, and inspection of all amusement rides as the division finds necessary for the protection of the general public using amusement rides. The rules and regulations shall be in addition to the existing applicable safety orders and will be concerned with engineering force stresses, safety devices, and preventative maintenance. Nothing in this chapter shall limit the authority of the division to prescribe or enforce general or special safety orders. (Amended by Stats. 1983, Ch. 705, Sec. 2.)
  176. 7903.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    The division or a public entity may not issue the original inspection certificate for an amusement ride until it has written certification from a qualified engineer.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7903. The division or a public entity shall not issue the original certificate of inspection for an amusement ride until it receives certification in writing by an engineer qualified under the Civil and Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) that such amusement ride meets the requirements established by the division for amusement rides. (Added by Stats. 1968, Ch. 1113.)
  177. 7904.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    The division must collect fees, set fee rules in regulations, and publish an annual Web site report on amusement ride inspections and accidents.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7904. (a) The division shall fix and collect all fees necessary to cover the cost of administering this part. Fees shall be charged to a person or entity receiving the division’s services as provided by this part, as set out in regulations adopted pursuant to this part, including, but not limited to, approvals, determinations, permits, investigations, inspections and reinspections, certifications and recertifications, receipt and review of certificates, and reports and inspections. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part. All fees collected by the division under this section shall be deposited into the Occupational Safety and Health Fund to support the division’s portable amusement ride inspection program. (b) Any fees required pursuant to this section shall be set forth in regulations. For the 2016–17 fiscal year, those regulations shall be adopted as emergency regulations. These emergency regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the rulemaking provisions of the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These emergency regulations shall become effective immediately upon filing with the Secretary of State. (c) The division shall annually prepare and post on its Internet Web site a report summarizing all inspections of amusement rides and accidents occurring on amusement rides. This report may contain route location information submitted to the division by permit applicants. (Amended by Stats. 2016, Ch. 31, Sec. 223. (SB 836) Effective June 27, 2016.)
  178. 7905.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    The division may hire inspectors for amusement rides and must have inspections made by its safety inspectors or by approved qualified inspectors.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7905. The division may hire inspectors to inspect amusement rides. The division shall cause the inspection provided by this part to be made by its safety inspectors, or by a qualified inspector who is approved by the division and employed by an insurance company or a public entity. (Amended by Stats. 1983, Ch. 705, Sec. 5.)
  179. 7906.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    You cannot operate an amusement ride without a permit, and operators must apply each year by March 1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7906. No person shall operate an amusement ride without a permit issued by the division or a public entity. On or before March 1 of each year an operator shall apply for a permit to the division or a public entity on a form furnished by the division and containing such information as the division may require. Each application shall specifically include a route list for the ride for the permit year, which shall include the name of each town or city, street location, and dates of operation of the ride at each location. A route list may be revised at any time, but a ride may not be operated at a particular location unless notification of the revision has been given previously to the division or public entity issuing the permit. All amusement rides shall be inspected before they are originally put into operation for the public’s use and thereafter at least once every year, unless authorized to operate on a temporary permit. Amusement rides may also be inspected each time they are disassembled and reassembled. (Amended by Stats. 1983, Ch. 705, Sec. 6.)
  180. 7907.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    After inspection, if an amusement ride complies with the division’s rules and regulations, the division or a public entity must issue a permit to operate.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7907. If, after inspection, an amusement ride is found to comply with the rules and regulations of the division, the division or a public entity shall issue a permit to operate. (Added by Stats. 1968, Ch. 1113.)
  181. 7908.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    Before building a new amusement ride, or when certain changes are made to an existing ride, the operator must file a notice and any requested plans or diagrams with the division or a public entity.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7908. Before a new amusement ride is erected, or whenever any additions or alterations are made which change the structure, mechanism, classification, or capacity of any amusement ride, the operator shall file with the division or a public entity a notice of his intention and any plans or diagrams requested by the division. (Added by Stats. 1968, Ch. 1113.)
  182. 7909.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

    Verify source ↗

    The division may stop an amusement ride from operating and revoke its permit if an inspection shows it is hazardous or unsafe.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7909. The division may order cessation of operation of an amusement ride and permit revocation if it has been determined after inspection to be hazardous or unsafe. Operation shall not resume until such conditions are corrected to the satisfaction of the division (Amended by Stats. 1983, Ch. 705, Sec. 7.)
  183. 7910.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    Existing installations may continue to be used if inspection finds them safe and compliant with the division’s rules.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7910. This part shall not be construed to prevent the use of any existing installation which upon inspection is found to be in a safe condition and in conformance with the rules and regulations of the division. (Added by Stats. 1968, Ch. 1113.)
  184. 7911.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    The division may modify amusement ride rules if compliance would cause practical difficulty or unnecessary hardship and public safety still stays secure.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7911. If there are practical difficulties or unnecessary hardships for an operator to comply with the rules and regulations under this part, the division may modify the application of such rules or regulations if the spirit of the rules and regulations shall be observed and the public safety is secure. Any operator may make a written request to the division stating his grounds and applying for such modification. Any authorization by the division shall be in writing and shall describe the conditions under which the modifications are permitted. A record of all modifications shall be kept in the division and open to the public. (Added by Stats. 1968, Ch. 1113.)
  185. 7912.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    A person may not operate an amusement ride unless an insurance policy is in place and on file with the division.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7912. No person shall operate an amusement ride unless there is in existence and on file with the division a policy of insurance, issued by a company licensed by the Department of Insurance to do business in the state, or by a nonadmitted insurer employed by a surplus lines broker licensed by the Department of Insurance, in an amount of not less than five hundred thousand dollars ($500,000) until January 1, 2009, and, effective on and after January 1, 2009, one million dollars ($1,000,000) per occurrence insuring the owner or operator against liability for injury suffered by persons riding the amusement ride. (Amended by Stats. 2007, Ch. 478, Sec. 1. Effective January 1, 2008.)
  186. 7913.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    Local cities, counties, and city and county governments may regulate carnivals and amusement rides, including by adopting rules more restrictive than this part.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7913. Nothing contained in this part shall prevent cities, counties, and cities and counties from regulating carnivals or amusement rides, nor prevent them from enacting legislation more restrictive than this part with respect to carnivals or amusement rides. (Added by Stats. 1968, Ch. 1113.)
  187. 7914.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    Amusement ride operators must immediately phone-report certain incidents to the division and file a written accident report within 24 hours.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7914. (a) An operator of an amusement ride shall report or cause to be reported to the division immediately by telephone each known incident where the maintenance, operation, or use of the amusement ride results in any of the following: (1) A fatality. (2) A loss of consciousness or other injury to a person which requires medical service other than ordinary first aid treatment. (3) Major mechanical failure. For purposes of this section, “major mechanical failure” means the stoppage of operation resulting from or in a structural failure, a mechanical or electrical failure of a drive or control system component, or a failure of a restraint system that significantly compromises ride safety. “Major mechanical failure” does not include a foreseeable malfunction that activates a safety system. (4) A patron falling from a moving ride or from a ride that has temporarily stopped in an elevated position. (b) If a fatality, reportable injury, or major mechanical failure, as defined in subdivision (a),is caused by the failure, malfunction, or operation of an amusement ride, the equipment or conditions that caused the accident shall be preserved for the purpose of investigation by the division. (c) In addition to the report by telephone required under subdivision (a), an operator of an amusement ride shall submit a written accident report to the division within 24 hours of an incident on a form designated by the division. (d) A division inspector may inspect an amusement ride upon receipt of the report of an incident. (e) Whenever a state, county, or local fire or police agency is called to an accident involving an amusement ride covered by this part in which a serious injury or illness, or death occurs, the nearest office of the division shall be notified by telephone immediately by the responding agency. (Amended by Stats. 2007, Ch. 478, Sec. 2. Effective January 1, 2008.)
  188. 7915.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    Amusement ride owners or operators who break this part’s rules can be charged with a misdemeanor; unpaid required fees trigger a 100% penalty fee after 60 days from notification, and the division may not issue a permit until the fee is paid.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7915. (a) Any owner or operator of any amusement ride who fails to comply with any provision of this part or any rule, regulation, or safety order adopted pursuant to this part shall be guilty of a misdemeanor. (b) Whenever an owner or operator of any amusement ride fails to pay any fee required under Section 7904 within 60 days after notification, the owner or operator shall pay, in addition to the fee required, a penalty fee equal to 100 percent of the required fee. For purposes of this section, the date of the invoice shall be considered the date of notification. (c) The division shall not issue any permit to any owner or operator of any amusement ride who fails to pay any fee until the fee is paid. (Amended by Stats. 2007, Ch. 478, Sec. 3. Effective January 1, 2008.)
  189. 7916.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    An amusement ride owner must train employees, keep required safety and maintenance records, and provide those records to a division inspector on request starting January 1, 2009.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7916. (a) An owner of an amusement ride shall provide training for its employees in the safe operation and maintenance of amusement rides, as required by Sections 4, 6, 7, and 8 of ASTM F770-06, Standard Practice for Ownership and Operation of Amusement Rides and Devices, adopted by the American Society for Testing and Materials, as amended or as may be amended from time to time and as the division deems appropriate, and the injury prevention program required under Section 6401.7. (b) The owner of an amusement ride shall maintain all of the records necessary to demonstrate that the requirements of subdivision (a) have been met, including employee training records and maintenance, repair, inspection, and injury and illness records for each amusement ride, as specified in ASTM F770-06 referenced in subdivision (a). On and after January 1, 2009, the owner of an amusement ride shall make the records available to a division inspector upon request. (Added by Stats. 2007, Ch. 478, Sec. 4. Effective January 1, 2008.)
  190. 7917.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    If the division finds that an amusement ride owner or operator willfully or intentionally violated the law or a related rule and the violation caused a death or reportable injury, the division must impose a civil penalty.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7917. If the division determines that an owner or operator of an amusement ride subject to this part has willfully or intentionally violated this part or a rule or regulation promulgated under this part, and that the violation resulted in a death or reportable injury as specified in Section 7914, the division shall impose on that owner or operator a civil penalty of not less than five thousand dollars ($5,000) and not more than twenty-five thousand dollars ($25,000). (Added by Stats. 2007, Ch. 478, Sec. 5. Effective January 1, 2008.)
  191. 7918.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    The division must enforce this part by issuing a citation and notice of civil penalty. An owner or operator who receives a citation and penalty may appeal to the Occupational Safety and Health Appeals Board.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7918. The division shall enforce this part by the issuance of a citation and notice of civil penalty in a manner consistent with that specified in Section 6317 or in some other manner as deemed appropriate by the division. An owner or operator who receives a citation and penalty may appeal the citation and penalty to the Occupational Safety and Health Appeals Board in a manner consistent with that specified in Section 6319. (Added by Stats. 2007, Ch. 478, Sec. 6. Effective January 1, 2008.)
  192. 7919.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. )

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    The division must adopt rules and regulations needed to administer this part, including the reporting requirements in Section 7914.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8. AMUSEMENT RIDES SAFETY LAW [7900 - 7919] ( Part 8 added by Stats. 1968, Ch. 1113. ) ## 7919. The division shall adopt rules and regulations necessary for the administration of this part, including, the reporting requirements established under Section 7914. (Added by Stats. 2007, Ch. 478, Sec. 7. Effective January 1, 2008.)
  193. 7920.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )

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    This section says the Legislature intended to create a state system for inspecting permanent amusement rides.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7920. It is the intent of the Legislature in enacting this part to create a state system for the inspection of permanent amusement rides. This part shall be known and may be cited as the Permanent Amusement Ride Safety Inspection Program. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.)
  194. 7921.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )

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    This section defines “permanent amusement ride,” “operator” or “owner,” and “qualified safety inspector,” and gives the division power to identify which devices count as permanent amusement rides for this part.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7921. As used in this part: (a) “Permanent amusement ride” means a mechanical device, aquatic device, or combination of devices, of a permanent nature that carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. “Permanent amusement ride” includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances that operate directly on the ground or on a surface or pavement directly on the ground. The division shall determine the specific devices that are permanent amusement rides for the purposes of this part. This determination shall be made to apply equally to all operators of similar or identical rides and shall be made pursuant to a procedure promulgated by the standards board. (b) “Operator” or “owner” means a person who owns or controls or has the duty to control the operation of an amusement ride. It includes the state and every state agency, and each county, city, district, and all public and quasi-public corporations and public agencies therein. (c) “Qualified safety inspector” means either of the following: (1) A person who holds a valid professional engineer license issued by this state or issued by an equivalent licensing body in another state, and who has been approved by the division as a qualified safety inspector for permanent amusement rides. (2) A person who documents to the satisfaction of the division that he or she meets all of the following requirements: (A) The person has a minimum of five years experience in the amusement ride field, at least two years of which were involved in actual amusement ride inspection with a manufacturer, government agency, amusement park, carnival, or insurance underwriter. (B) The person completes not less than 15 hours per year of continuing education at a school approved by the division, which education shall include inservice industry or manufacturer updates and seminars. (C) The person has completed at least 80 hours of formal education during the past five years from a school approved by the division for amusement ride safety. Nondestructive-testing training, as determined by the division, may be substituted for up to one-half of the 80 hours of education. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.)
  195. 7922.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )

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    This part does not apply to several listed places, activities, and rides, including certain school or local government playgrounds, museums, many recreation venues, and private-event amusement rides not open to the public and without a separate admission charge.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7922. This part does not apply to any of the following: (a) Any playground operated by a school or local government if the playground is an incidental amenity and the operating entity is not primarily engaged in providing amusement, pleasure, thrills, or excitement. (b) Museums or other institutions principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts. (c) Skating rinks, arcades, laser or paint ball war games, indoor interactive arcade games, bowling alleys, miniature golf courses, mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis, paddle boats, air boats, helicopters, airplanes, parasails, hot air balloons, whether tethered or untethered, theaters, amphitheaters, batting cages, stationary spring-mounted fixtures, rider-propelled merry-go-rounds, games, slide shows, live animal rides, or live animal shows. (d) Permanent amusement rides operated at a private event that are not open to the general public and not subject to a separate admission charge. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.)
  196. 7923.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )

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    The division must propose safety rules and regulations for permanent amusement rides for adoption by the Occupational Safety and Health Standards Board.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7923. (a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe installation, repair, maintenance, use, operation, and inspection of all permanent amusement rides as the division finds necessary for the protection of the general public using permanent amusement rides. The rules and regulations shall be in addition to the existing applicable safety orders and will be concerned with engineering force stresses, safety devices, and preventative maintenance. Nothing in this part shall limit the authority of the division to prescribe or enforce general or special safety orders. (b) It is the Legislature’s intent that the rules and regulations adopted pursuant to this part be consistent with those adopted by the Occupational Safety and Health Standards Board for traveling amusement rides, to the extent that those rules and regulations are found to be appropriate. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.)
  197. 7924.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )

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    Owners of permanent amusement rides must file annual certificates of compliance, keep and produce compliance records, and not operate a ride found unsafe unless repairs are completed and certified.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7924. (a) On an annual basis, an owner of a permanent amusement ride shall submit to the division a certificate of compliance on a form prescribed by the division, which shall include the following: (1) The legal name and address of the owner and his or her representative, if any, and the primary place of business of the owner. (2) A description of, the name of the manufacturer of, and, if given by the manufacturer, the serial number and model number of, the permanent amusement ride. (3) A written declaration, executed by a qualified safety inspector, stating that, within the preceding 12-month period, the permanent amusement ride was inspected by the qualified safety inspector and that the permanent amusement ride is in material conformance with this section and all applicable rules and regulations adopted by the division and standards board. (b) The owner of multiple permanent amusement rides at a single site may submit a single certificate of compliance that provides the information required by subdivision (a) for each permanent amusement ride at that site. (c) A certificate of compliance shall not be required until one year following the promulgation of any rules or regulations by the division governing the submission of the certificates. (d) A person shall not operate a permanent amusement ride that was inspected by a qualified safety inspector or division inspector and found to be unsafe unless all necessary repairs or modifications, or both, to the ride have been completed and certified as completed by a qualified safety inspector. (e) For the purposes of satisfying this section, a qualified safety inspector shall meet the requirements in subdivision (c) of Section 7921 and shall be certified by the division. A qualified safety inspector shall be recertified every two years following his or her initial certification. A qualified safety inspector may be an in-house, full-time safety inspector of the owner of the permanent amusement ride, an employee or agent of the insurance underwriter or insurance broker of the permanent amusement ride, an employee or agent of the manufacturer of the amusement ride, or an independent consultant or contractor. (f) The owner of a permanent amusement ride shall maintain all of the records necessary to demonstrate that the requirements of this section have been met, including, but not limited to, employee training records, maintenance, repair, and inspection records for each permanent amusement ride, and records of accidents of which the operator has knowledge, that resulted from the failure, malfunction, or operation of a permanent amusement ride and that required medical service other than ordinary first aid, and shall make those records available to a division inspector upon request. The owner shall make those records available for inspection by the division during normal business hours at the owner’s permanent place of business. The owner or representative of the owner may be present when the division inspects the records. The division shall conduct an inspection of the operation of each ride at the permanent amusement park in conjunction with an inspection of records conducted pursuant to this subdivision, except that the division is not required to conduct an operational inspection of a ride pursuant to this subdivision if a qualified safety inspector employed by the division has already inspected the operation of that ride in connection with the execution of the current annual certificate of compliance pursuant to subdivision (a). (g) Upon receipt of a certificate of compliance, the division shall notify the owner of the permanent amusement ride or rides for which a certificate is submitted whether the certificate meets all the requirements of this section, and if not, what requirements must still be met. (h) The division shall, in addition to the annual inspection performed by the division pursuant to subdivision (f), inspect the records for a permanent amusement ride or the ride, or both, under either of the following circumstances: (1) The division finds that the certificate of compliance submitted pursuant to this section for the ride is fraudulent. (2) The division determines, pursuant to regulations it has adopted, that a permanent amusement ride has a disproportionately high incidence of accidents required to be reported pursuant to Section 7925. (i) The division shall conduct its inspections with the least disruption to the normal operation of the permanent park. (Amended by Stats. 2016, Ch. 31, Sec. 224. (SB 836) Effective June 27, 2016.)
  198. 7925.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )

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    Operators of permanent amusement rides must immediately report qualifying accidents to the division; the division may inspect rides and order them shut down if they are found hazardous or unsafe.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7925. (a) Each operator of a permanent amusement ride shall report or cause to be reported to the division immediately by telephone each known accident where maintenance, operation, or use of the permanent amusement ride results in a death or serious injury to any person unless the injury does not require medical service other than ordinary first aid. If a death or serious injury results from the failure, malfunction, or operation of a permanent amusement ride, the equipment or conditions that caused the accident shall be preserved for the purpose of an investigation by the division. (b) A division inspector may inspect any permanent amusement ride after the report of an accident to the division. The division may order a cessation of operation of a permanent amusement ride if it is determined after inspection to be hazardous or unsafe. Operation shall not resume until these conditions are corrected to the satisfaction of the division. (c) Whenever a state, county, or local fire or police agency is called to an accident involving a permanent amusement ride covered by this part where a serious injury or death occurs, the nearest office of the division shall be notified by telephone immediately by the responding agency. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.)
  199. 7926.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )

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    A person may operate a permanent amusement ride only if one of three insurance/financial-responsibility options exists at the time of operation.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7926. (a) A person may operate a permanent amusement ride only if, at the time of operation, one of the following is in existence: (1) The owner of the permanent amusement ride provides an insurance policy in an amount not less than one million dollars ($1,000,000) per occurrence insuring the owner or operator against liability for injury or death to persons arising out of the use of the permanent amusement ride. (2) The owner of the permanent amusement ride provides a bond in an amount not less than one million dollars ($1,000,000), except that the aggregate liability of the surety under that bond shall not exceed the face amount of the bond. (3) The owner of a permanent amusement ride meets a financial test of self-insurance, as prescribed by rules and regulations promulgated by the division, to demonstrate financial responsibility covering liability for injury suffered by patrons riding the permanent amusement ride. (b) The insurance policy or bond shall be obtained from one or more insurers or sureties licensed by the Department of Insurance to do business in this state, or by a nonadmitted insurer employed by a surplus lines broker licensed by the Department of Insurance. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.)
  200. 7927.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )

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    Owners of permanent amusement rides must train employees in safe operation and maintenance of amusement rides.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7927. Each owner of a permanent amusement ride shall provide training for its employees in the safe operation and maintenance of amusement rides, as required by the standards adopted by the American Society for Testing Materials, Committee F770-03, Section 4.1.3, and Committee F853-93, Section 6.2, as amended or as may be amended from time to time, and the injury prevention program required under Section 6401.7. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.)

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