company code

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# Mining Operations and Mining Certificates (cont.) ## Suspension and cancellation (cont.) Section 750 OCCUPATIONAL HEALTH AND SAFETY CODE Part 37 AR 191/2021 # Part 37 Oil, Gas and Geothermal Energy ## Application 750 This Part applies to activities and ancillary processes associated with the exploration for, drilling for and extraction of oil, gas or geothermal energy and the decommissioning of related wells. AR 191/2021 s750;242/2022 ## Health and safety orientation 751.1 Before a worker comes on to a work site for the first time, a prime contractor or, if there is no prime contractor, an employer must ensure the worker completes site-specific orientation that encompasses (a) site-specific hazards, (b) work procedures that must be followed, (c) hazard controls in place to protect workers, (d) required personal protective equipment, (e) an emergency response plan, (f) processes for reporting hazards, (g) site-specific processes for addressing undue hazards, work refusals and resolution, and (h) any other matter required to ensure the health and safety of workers at the work site. - AR 242/2022 s155 ## Work site organization - 752.1(1) A prime contractor or, if there is no prime contractor, an employer must design and construct the work site in such a way to ensure that (a) the installation, operation, mobilization, demobilization and movement of all equipment will not create a hazard to workers, (b) the support of the gross weight of all equipment is under maximum loads, and (c) emergency response activities can be carried out. - 752.1(2) A prime contractor or, if there is no prime contractor, an employer must ensure the installation and use at the work site of (a) wind direction indicators located in strategic places and visible under all light conditions, and (b) if a harmful substance may exist, atmospheric monitoring equipment to monitor for harmful substances. - AR 242/2022 s155;202/2024 37-1 December, 2024

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# CITATION POLICY (cont.) WISHA Regional Directive 95-1 It may be useful to consult the Preamble, in the Federal Register, Volume 58, Number 84, dated May 4, 1994, Table 5, "Analysis of Engineering Controls and Respirators Needed to Achieve Compliance with the 50 æg/m3 PEL," or to consult with the supervisor for guidance. EXAMPLE: The CSHO is evaluating a highway bridge renovation where abrasive blasting is being conducted in full containment to determine feasible engineering controls. As indicated in Table 5, it is technologically feasible for the employer to use mechanical dilution ventilation for the enclosure operations. In addition, HEPA vacuums and wetting agents are feasible controls for this type of project. (In this instance, it would not be considered feasible to substitute local exhaust ventilation or shrouded tools for abrasive blasting methods already in use.) Work practice controls: Work practice controls shall be evaluated on a case-by-case basis and in conjunction with engineering controls. Respiratory controls: Where engineering and work practice controls have been implemented to reduce exposure to the lowest feasible level but exposures still exceed the PEL, respiratory protection that complies with WAC 296-155-[redacted postal code] shall also be used to protect employees. WAC 296-155-[redacted postal code](2) The CSHO shall review the employer's written compliance program. It must be available at the work site, and implemented prior to the start of the job. The employer may elect to provide a written plan that is unique to each work site, but this is not required as long as the elements required by WAC 296-155-[redacted postal code](2)(b) are specific to the conditions at the job site. The CSHO shall evaluate the plan to determine whether it contains the required elements and also that it requires evaluation by a competent person. The CSHO shall evaluate the plan to determine whether the employer has designated specific employee job resp…

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# Part 18 Personal Protective Equipment (cont.) ## Protective headwear (cont.) Section 235 OCCUPATIONAL HEALTH AND SAFETY CODE Part 18 AR 191/2021 (a) CSA Standard Z94.1-15, Industrial protective headwear - Performance, selection, care, and use, or (b) ANSI Standard Z89.1-2003, American National Standard for Industrial Head Protection, for Type II head protection, - if the protective headwear was manufactured on or after March 31, 2023. - 234(2) Subject to sections 235, 236 and 237, if there is a foreseeable danger of injury to a worker's head at a work site and the possibility of lateral impact to the head is unlikely, an employer must ensure that the worker wears protective headwear that is appropriate to the hazard and meets the requirements of (a) CSA Standard CAN/CSA Z94.1-05, Industrial Protective Headwear, or (b) ANSI Standard Z89.1-2003, American National Standard for Industrial Head Protection, if the protective headwear was manufactured on or after July 1, 2009. AR 191/2021 s234;242/2022 ## Bicycles and skates 235(1) An employer must ensure that a worker who is riding a bicycle or using in-line skates or a similar means of transport wears protective headwear (a) that is approved to one of the following standards for bicycle safety helmets if the protective headwear was manufactured on or after July 1, 2009: (i) CSA CAN/CSA D113.2-M89 (R2004), Cycling Helmets; (ii) CPSC, Title 16 Code of U.S. Federal Regulations Part 1203, Safety Standard for Bicycle Helmets; (iii) Snell Memorial Foundation B-90A, 1998 Standard for Protective Headgear for Use in Bicycling; (iv) Snell Memorial Foundation B-95A, 1998 Standard for Protective Headgear for Use with Bicycles; (v) Snell Memorial Foundation N-94, 1994 Standard for Protective Headgear in Non-Motorized Sports; (vi) ASTM F1447-06, Standard Specification for Helmets Used in Recreational Bicycling or Roller Skating, (vii) — (x) repealed, - and (b) that is free of damage o…

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# OCCUPATIONAL HEALTH AND SAFETY CODE Index overhead power lines notification of work near, 225(3) safe limit of approach distances, 225-226, Schedule 4, Table 1 standards for work performed by workers, 800 See also electric utilities Rural Utilities Act in definition of rural electrification association, 1 Saddles, Pole Clamps (Stick Clamps) and Accessories for Live Working (ULC), 799(1) safe limit of approach distances from overhead power lines, 225-226, Schedule 4, Table 1 safe patient/client/resident handling defined, 1 See also lifting and handling loads Safe Practices for Rope Access Work (Society of Professional Rope Access Technicians), 823(b) Safe Use of Lasers in Health Care (CSA), 291.3(2) safeguards and warnings, 310-322 defined safeguard, 1 alternative safeguards, 310(4)-(5), 311(3) bins, 316 building shafts, 313 certification by engineer supporting structure for safety nets, 320(2) chutes, 316 demolition work sites, materials chute warnings, 420 excavation markings, 444 falling objects, protections, 318 flying particles, safeguards, 317 generally, 310 guardrails, specifications, 315 guards in powered mobile equipment, 269 holes or openings, 314 hoppers, 316 locking out and tagging, 311(4) openings or holes, 314 public highway traffic control methods, 194 safety nets, 320 standards safety nets, 320(1)(a) supporting structures safety nets, 320(2) tampering with safeguards on machinery, 311 toe boards, 321 openings and holes, 314(1)-(2) specifications, 321(1), 321(5) when needed, 321(2)-(4) warning signs automatic machinery starts, 310(6) falling objects, 318(3) open building shaft, 313(3) temporary covers, 314(3) wire mesh, specifications, 322 See also hazardous energy control; machinery Safety Code for Material Hoists (CSA), 81 Safety Code for Personnel Hoists (CSA), 96 Safety Code for Suspended Elevating Platforms (CSA), 348 Safety Code on Mobile Cranes (CSA), 88-88.1, 92.1 Safety Codes Act, 695(1) safety committee for the work site See joint healt…

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# BEFORE THE STATE OF CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD In the Matter of the Appeal of: Inspection No. 1236440 PAPICH CONSTRUCTION COMPANY, INC. 398 Sunrise Ter. Arroyo Grande, CA [redacted postal code] DECISION AFTER RECONSIDERATION Employer The Occupational Safety and Health Appeals Board (Board), acting pursuant to authority vested in it by the California Labor Code issues the following Decision After Reconsideration in the above-entitled matter. ## JURISDICTION Papich Construction Company, Inc. (Employer or Papich) was a subcontractor on a solar energy construction project, known as the Cal Flats Solar Site (worksite), which was predominantly located in Monterey County. On May 19, 2017, Senior Safety Engineer Gregory Clark (Clark), commenced an inspection of Employer. The actual physical worksite inspection commenced on or about May 25, 2017. On November 15, 2017, the Division of Occupational Safety and Health (Division) cited Employer with four alleged violations of title 8 health and safety standards.¹ Citation 1, Item 1, alleges a General violation of section 5144, subdivision (e)(1) [failure to provide a medical evaluation to determine an employee's ability to safely use a respirator]. Citation 1, Item 2, alleges a General violation of section 5144, subdivision (k)(5) [failure to engage in retraining on safe respirator use]. Citation 2, Item 1, alleges a Repeat Serious violation of section 1509, subdivision (a) [failure to implement procedures for identifying, evaluating and correcting unsafe work conditions and work practices for the Injury and Illness Prevention Plan (IIPP)]. Citation 3, Item 1, alleges a Serious violation of section 5144, subdivision (a)(1) [failure to use respirators when engineering controls are not feasible to prevent disease]. This matter was heard before Rheeah Yoo Avelar, an Administrative Law Judge (ALJ) for the Board. William Cregar, Staff Counsel, represented the Division. Eugene McMenamin, of O…

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# OCCUPATIONAL HEALTH AND SAFETY CODE (cont.) ## Handling cylinders (cont.) Section 177 OCCUPATIONAL HEALTH AND SAFETY CODE Part 11 AR 191/2021 # Part 11 First Aid ## Training standards - 177(1) A person or agency that provides training in first aid must be approved by a Director of Medical Services or a Director if the person or agency is to provide training in first aid to workers under this Code. - 177(2) A person or agency approved under subsection (1) must provide training in first aid to workers in accordance with CSA Standard Z1210-17, First aid training for the workplace - Curriculum and quality management for training agencies. AR 191/2021 s177;242/2022 ## Providing services, supplies, equipment - 178(1) A prime contractor or, if there is no prime contractor, an employer must provide first aiders, first aid supplies, first aid equipment, first aid kits and a first aid room for workers in accordance with the applicable requirements of Schedule 2, Tables 4 to 7. - 178(2) If a first aid room for workers is a temporary or mobile facility, a prime contractor or, if there is no prime contractor, an employer must ensure that the room meets the requirements of Schedule 2, Table 4, except that (a) the room may be used for other services if it is maintained appropriately to provide first aid, and (b) where it is not reasonably practicable to provide a supply of hot and cold potable running water, a supply of cold potable water is acceptable. - 178(3) A prime contractor or, if there is no prime contractor, an employer must ensure that each first aid kit required to be provided under Schedule 2, Tables 4 to 7, is equipped in accordance with CSA Standard Z1220-17, First aid kits for the workplace. - 178(4) Despite subsections (1), (2) and (3), if there are 2 or more employers involved in the work at the work site and there is no prime contractor, the employers may enter into a written agreement to collectively provide first aiders, first aid supplies, …

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# Part 23 Scaffolds and Temporary Work Platforms Scaffolds (cont.) ## Workers on swingstage scaffolds (cont.) Section 346 OCCUPATIONAL HEALTH AND SAFETY CODE Part 23 AR 191/2021 (a) all ropes from the scaffold that extend to the ground or a landing are prevented from tangling, and (b) when the scaffold is being moved up or down on its suspension ropes, the stage is not out of level by more than 10 percent of its length. - 345(3) A person on a swingstage scaffold must (a) remain between the stirrups at all times, (b) not bridge the distance between the scaffold and any other scaffold, (c) not use a vertical lifeline used for fall protection as a means of entering or leaving a swingstage, and (d) not use bagged or loose materials as counterweights on the scaffold. - 345(4) An employer must ensure that if a worker may fall 3 metres or more while working from a suspended swingstage scaffold, the worker's personal fall arrest system is connected to a vertical lifeline. - 345(5) Despite subsection (4), an employer may allow a worker using a swingstage scaffold to connect a personal fall arrest system to a horizontal lifeline or anchorage on the swingstage scaffold if the failure of one suspension line will not substantially alter the position of the swingstage scaffold. ## Elevating Platforms and Aerial Devices ## Worker safety - 346(1) An employer must ensure that a worker is not travelling in a basket, bucket, platform or other elevated or aerial device that is moving on a road or work site if road conditions, traffic, overhead wires, cables or other obstructions create a danger to the worker. - 346(2) A person must not travel in a basket, bucket, platform or other elevated or aerial device that is moving on a road or work site if road conditions, traffic, overhead wires, cables or other obstructions create a danger to the person. ## Standards 347(1) An employer must ensure that a self-propelled work platform manufactured on or after July 1, 2…

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# DUAL-EMPLOYER INSPECTIONS (cont.) ## TABLE OF CONTENTS (cont.) State of California. CAL OSHA Department of Industrial Relations Division of Occupational Safety and Health POLICY AND PROCEDURES MANUAL # DUAL-EMPLOYER INSPECTIONS P&P C-1D Issue Date: 5/1/96 Revised: 12/12/17 AUTHORITY: California Labor Code Sec. 6400, 6401, 6401.7, and 6402 through 6404; decisions of the Occupational Safety and Health Appeals Board (OSHAB) and California appellate courts. POLICY: It is the policy of the Division of Occupational Safety and Health to respond appropriately when an inspection reveals that a dual-employer situation exists. This is to be accomplished by gathering sufficient information to determine which employer(s) are to be cited for violations identified at a worksite, in a manner that is fair, consistent with decisions of the Occupational Safety and Health Appeals Board (OSHAB) and the California courts, and protective of employee health and safety. Dual-employer situations should not be confused with multi-employer situations, which is where employees of two or more employers are present at the worksite. ## BACKGROUND ## A. TYPES OF DUAL EMPLOYERS A "dual-employer" situation is where an employee has two employers at the same time. Both employers are potentially liable for a violative condition to which an employee has been exposed. 1. Traditional primary employers - The traditional, most common dual-employer situation is one involving a temporary agency, staffing firm, or employee-leasing company that deploys an employee to work at another employer's worksite under the supervision and control of that other employer: • The company supplying the employee (or having the employee on its payroll) is known as the “primary employer.” The primary employer is sometimes referred to as the "payroll" or “contractual” employer of the worker. The primary employer contracts with the employee to perform work in exchange for wages or a salary, issues the employee's p…

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# NAC 618.930 Consultants: Accreditation in particular disciplines. (NRS 618.295, 618.760, 618.765) (cont.) ## Performance of Activities for Abatement (cont.) materials containing asbestos are exempt from the requirements of NAC 618.850 to 618.986, inclusive. 2. To remain eligible for the exemption set forth in subsection 1, the activities must be performed in accordance with 29 C.F.R. § 1910.1001 and 29 C.F.R. § 1926.1101, and practices must be maintained to ensure that materials containing asbestos are: (a) Not sanded, power sawed or drilled; (b) Removed in the largest sections practicable and carefully lowered to the ground; (c) Handled carefully to minimize breakage throughout removal, handling and transportation to an authorized disposal site; and (d) Wetted before removal and during subsequent handling, to the extent practicable. (Added to NAC by Dep't of Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000) NAC 618.952 Declaratory order regarding nature of activity: Petition; issuance; appeal. (NRS 618.295, 618.760, 618.765) 1. A person may request the Enforcement Section to determine whether an activity is an activity for the abatement of asbestos and subject to the requirements of NAC 618.850 to 618.986, inclusive, by requesting the Enforcement Section to issue a declaratory order. 2. Any request for a declaratory order must be submitted in the form of a written petition and submitted to the Chief at [redacted street address], Suite 200, Carson City, Nevada [redacted postal code]. The petition must describe: (a) The material containing asbestos; (b) The proposed activity; (c) The site at which the activity will be conducted; (d) The nature of the work to be done; and (e) The results of any tests conducted on samples of material to be disturbed or encapsulated. 3. The Enforcement Section will issue a declaratory order in writing not later than 15 days after receiving a written petition. Th…

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# BEFORE THE STATE OF CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD (cont.) ## FINDINGS OF FACT (cont.) 4. In a small percentage of persons exposed to cocci fungal spores, it can cause a disseminated infection, spreading through the lungs, causing damage and destruction to lung tissue. It can also spread to other body tissues including the brain, spinal cord, bones, and skin. It can cause pneumonia, permanent loss of function in the lungs, and death. It takes only between one and ten spores to cause infection. 5. There is a realistic possibility that a person can suffer serious physical harm or death as a result of exposure to the cocci fungal spores. 6. It is difficult to conduct a soil test to determine whether the cocci fungus or its spores are present. While there are research and experimental methods to test for the cocci fungus, there is no widely available commercial test. Further, the tests that do exist are not entirely reliable as the fungus is not homogenous throughout the soil and is difficult to culture even when present. 7. Employer was a subcontractor on a solar energy construction project. The worksite was spread over approximately 3,000 acres. 8. This worksite was a multi-employer worksite predominantly located in Monterey County. Multiple employers were engaged in the development of a solar power plant. 9. McCarthy Building Co, Inc. (McCarthy) was the general contractor for the project and had responsibility for health and safety at the site. First Solar was the owner of the worksite. 10. McCarthy provided Papich employees some training regarding Valley Fever. 11. Papich was aware cocci fungal spores existed in the area of the worksite and that dust mitigation would be an issue. 12. Papich's contractual responsibilities at the worksite included compliance with an overlay Valley Fever Management Plan. (Exhibit 17.) This document noted that the cocci fungus had been reported in Monterey County and relied upon data from the Mont…

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# CITATION POLICY (cont.) ## CITATION POLICY (cont.) WISHA Regional Directive 95-1 Location; Availability of acceptable water supply; Climate; and Duration of the job. - WAC 296-155-[redacted postal code](4)(b) - To evaluate employer compliance with WAC 296-155-[redacted postal code](4)(b), the CSHO shall use methods including, but not limited to the following: - Observe work practices (such as frequency of table cleaning, hand and face washing, and removal of contaminated PPE); - Conduct employee interviews (re: work practices, indications of elevated blood lead levels, training, enforcement, etc.); - Note physical location of lunchroom facilities or eating areas relative to work area; and - Take wipe samples from surfaces that will be contacted by employees. - WAC 296-155-[redacted postal code](5)(a) WAC [redacted identifier](2) states that: The employer shall provide adequate washing facilities for employees engaged in the application of paints, coating, . . ., or in other operations where contaminants may be harmful to the employees. Such facilities shall be in near proximity to the work site and shall be so equipped as to enable employees to remove such substances. This requirement shall be enforced regardless of the levels of airborne lead (or other toxic contaminant), if the potential for employee exposure via direct contact exists. NOTE: WAC 296-155-[redacted postal code](5) applies to all employers covered by WAC [redacted identifier], regardless of the employee's exposure level. All other provisions of WAC 296-155-[redacted postal code] apply to employers who have employees exposed to airborne lead above the PEL, without regard to the use of respirators. ## CITATION POLICY Where applicable, any violation of WAC 296-155-[redacted postal code] may be grouped with violations of WAC 296-155-[redacted postal code](5) and classified according to the Operations Manual, Chapter X. http://Ini.wa.gov/safety-health/ (19 of 40) [5/27/2009 9:21:08 AM]

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# SUBJECT: Washington Administrative Code (WAC) [redacted identifier], Lead Exposure in Construction--Inspection and Compliance Procedures (cont.) WISHA Regional Directive 95-1 lead operations and maintenance program that implements specific interim controls, are covered by WAC [redacted identifier]. WAC 296-155-[redacted postal code]-Permissible exposure limit Subsection (3) The standard permits the use of respiratory protection and the adjustment of employee exposure based on the assigned protection factor of the respiratory protection to achieve compliance with the permissible exposure limit (PEL) only if the employer has complied with WAC 296-155-[redacted postal code](1), engineering and work practice controls and WAC 296-155-[redacted postal code], respiratory protection. (See Appendix B for guidance on exposure calculation for compliance with WAC 296-155-[redacted postal code](3)). ## CITATION POLICY When the calculated time weighted average (TWA) after taking into account the protection factor of the respirator still exceeds the PEL, a citation for violation of WAC 296-155-[redacted postal code](1) or 296-155-[redacted postal code] (2) shall be issued. WAC 296-155-[redacted postal code](3) is explanatory in nature and shall not be cited. Note that the employer is also in violation of WAC 296-155-[redacted postal code](2)(a) as well as WAC 296-155-[redacted postal code](1) or 296-155-[redacted postal code](2). The TWA documented for citation shall be calculated without the use of the protection factor of the respirator. WAC 296-155-[redacted postal code]-Exposure assessment Compliance with WAC 296-155-[redacted postal code] was to have been accomplished by February 10, 1994. WAC 296-155-[redacted postal code](1) The employer must initially determine if any employees may be exposed at or above the action level (AL) of 30 æg/m3 measured at an 8-hour TWA. The employer must conduct initial exposure assessments of all work places and operations where le…

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# INTEROFFICE MEMORANDUM Oregon Occupational Safety & Health Division (cont.) Page 2 grab handle should start at the 3 foot height and extend downward a sufficient distance to afford a safe gripping surface (12 to 18 inches). Question: The old code required ladders to be tied, blocked or otherwise secured. Why the change? Answer: If the ladder is setting on a stable and level surface and at the proper angle it is considered stable and need not be tied or blocked. Secured means stable, not likely to fail or give way, safe. Under the old code, a ladder on level and stable ground extending above the landing with ladder feet, would have been acceptable without being tied as is now permitted in the new code 1926.1053(b) (6). Some compliance officers interpreted the code to require all ladders to be tied off. Question: On a slippery surface are slip-resistant feet okay or do we require lashing and holding also? Answer: 1926.1053(b) (7) requires ladders to be secured or provided with slip-resistant feet. Therefore, either method may be used. If the feet of the ladder are not stable with the slip resistant foot pads, then the ladder must be otherwise secured to prevent it from slipping. Question: Is it okay to place a ladder in a doorway or driveway if it is tied or secured at the top? Answer: Yes, if the area is barricaded off to prevent access. Question: Must both hands be used when ascending or descending a ladder? (1926.1053(b) (21) Answer: An employee can carry small items up and down a ladder provided the second hand is partly free to allow the person to grip the ladder when releasing his/her free hand to move up or down the ladder. At least one hand must be on the ladder at all times to stabilize the person. The code states, "At least one hand must be used to grip the ladder when moving up or down the ladder." Question: Why did we change the height of stair rails to 36 inches? Answer: Studies have shown that the present rail height is unsafe. When stand…