AB 1803, as introduced, Skinner. Occupational Safety and Health Standards Board.
Existing law requires the Occupational Safety and Health Standards Board within the Department of Industrial Relations to adopt an occupational safety and health standard for the state concerning hazardous substance removal work in accordance with prescribed requirements.
This bill would make nonsubstantive changes to those requirements.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 142.7 of the Labor Code is amended to
2read:
(a) On or before October 1, 1987, the board shall adopt
4an occupational safety and health standard concerning hazardous
5substance removal work, so as to protect most effectively the health
6and safety of employees. The standard shall include, but not be
7limited to, requirements for all of the following:
8(1) Specific work practices.
P2 1(2) Certification of all employees engaged in hazardous
2substance removal-related work, except that no certification shall
3be required for an employee whose only activity is the
4transportation of hazardous substancesbegin delete which areend delete subject to the
5requirement
for a certificate under Section 12804.1 of the Vehicle
6Code.
7(3) Certification of supervisors with sufficient experience and
8authority to be responsible for hazardous substance removal work.
9(4) Designation of a qualified person who shall be responsible
10for scheduling any air sampling, laboratory calibration of sampling
11equipment, evaluation of soil or other contaminated materials
12sampling results, and for conducting any equipment testing and
13evaluating the results of the tests.
14(5) Requiring that a safety and health conference be held for all
15hazardous substance removal jobs before the start of actual work.
16The conference shall include representatives of the owner or
17contracting agency, the contractor, the employer, employees, and
18employee representatives, and shall include a discussion of the
19employer’s safety and
health program and the means, methods,
20devices, processes, practices, conditions, or operations which the
21employer intends to use in providing a safe and healthy place of
22employment.
23(b) For purposes of this section, “hazardous substance removal
24work” means cleanup work at any of the following:
25(1) A site where removal or remedial action is taken pursuant
26to either of the following:
27(A) Chapter 6.8 (commencing with Section 25300) of Division
2820 of the Health and Safety Code, regardless of whether the site
29is listed pursuant to Section 25356 of the Health and Safety Code.
30(B) The federal Comprehensive Environmental Response,
31Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
32seq.).
33(2) A site where corrective action is taken pursuant to Section
3425187 or 25200.10 of the Health and Safety Code or the federal
35Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec.
366901 et seq.).
37(3) A site where cleanup of a discharge of a hazardous substance
38is required pursuant to Division 7 (commencing with Section
3913000) of the Water Code.
P3 1(4) A site where removal or remedial action is taken because a
2hazardous substance has been discharged or released in an amount
3that is reportable pursuant to Section 13271 of the Water Code or
4the federal Comprehensive Environmental Response,
5Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
6seq.). “Hazardous substance removal work” does not include work
7related to a hazardous substance spill on a highway.
8(c) Until the occupational safety
and health standard required
9by subdivision (a) is adopted by the board and becomes effective,
10the occupational safety and health standard concerning hazardous
11substance removal work shall be the standard adopted by the
12federal government and codified in Section 1910.120 of Title 29
13of the Code of Federal Regulations. In addition, before actual work
14is started on a hazardous substance removal job, a safety and health
15conference shall be held that shall include the participants and
16involve a discussion of the subjects described in paragraph (5) of
17subdivision (a).
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