Labor Code, 1937

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

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

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.

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.

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.

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

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

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.

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.

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.

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.

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

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.

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

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

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.

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.

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

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.

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

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.

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.

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.

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

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

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

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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

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.

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

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.

This section defines “building” for this chapter.

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

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

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.

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.

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

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.

The division must enforce this chapter.

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

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.

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.

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.

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.

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.

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

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

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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

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

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

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

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.

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.

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.

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.

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

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

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

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.

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.

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

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.

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

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.

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.

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.

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.

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

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

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

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.

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

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.

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.

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.

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.

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

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

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.

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

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.

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

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.

Violating any provision of this part is a misdemeanor.

Sections 7601 to 7607 apply to longshore and stevedore operations.

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

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

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

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

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

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

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

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

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.

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

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

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.

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

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.

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

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

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

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

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.

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.

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

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

Inspection fees must be paid before a permit is issued.

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.

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.

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.

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.

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.

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

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

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

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

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

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.

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

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

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.

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.

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

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.

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.

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

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.

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.

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

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

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

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

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

The employer must establish and implement an emergency action plan.

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

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

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.

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

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

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.

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