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(A) Keep all guards in place when the machine is in operation;
(B) Permit no riders on agricultural equipment other than persons required for instruction or assistance in machine operation;
(C) Stop engine, disconnect the power source, and wait for all machine movement to stop before servicing, adjusting, cleaning, or unclogging the equipment, except where the machine must be running to be properly serviced or maintained, in which case all steps and procedures which are necessary to safely service or maintain the equipment shall be taken;
(D) Make sure everyone is clear of machinery before starting the engine, engaging power, or operating the machine;
(E) Lock out electrical power before performing maintenance or service on agricultural equipment. (See Article 3 of the Low-Voltage Electrical Safety Orders.) Note:For overhead electrical hazards see Section 3455 of this article.
(b) All self-propelled equipment shall, when under its own power and in motion, have an operator stationed at the vehicular controls. This shall not prohibit the operator occupying or being stationed at a location on the vehicle other than the normal driving position or cab if controls for starting, accelerating, decelerating and stopping are provided adjacent and convenient to the alternate position. If the machine requires steering other than ground or furrow steering or operates at ground speeds in excess of two miles per hour, steering controls shall also be provided at the alternate location. Seedling planters and other similar equipment traveling at a speed of two miles an hour or less where a control that will immediately stop the machine is located at the operator's work station will satisfy this requirement.
(1) Furrow guided self-propelled mobile equipment may be operated by an operator not on the equipment provided that all of the following are complied with:
(A) The operator has a good view of the course of travel of the equipment and any employees in the immediate vicinity.
(B) The steering controls, when provided, and the brake and throttle controls are extended within easy reach of the operator's station.
(C) The operator is not over 10 feet away from such controls and does not have to climb over or onto the equipment or other obstacles to operate the controls.
(D) The equipment is not traveling at over two miles per hour ground speed.
(c) Safe access to a safe place for all personnel riding on mobile equipment shall be provided.
(d) All self-propelled equipment shall be equipped with a braking device controlled from the operator's station, capable of preventing the vehicle from moving while parked.
(e) Where mobile farm equipment is towed by a tractor or truck and the tractor or truck driver cannot see the employees on the towed equipment, a positive signaling device shall be installed on the towed equipment, or there shall be a device on the towed equipment that can be actuated to stop the towing equipment in case of an emergency.
(f) Engine exhaust systems shall not be piped into or through an enclosed cab on tractors or other equipment.
(g) All tractors or self-propelled farm equipment used between an hour after sunset or an hour before sunrise shall be equipped with at least one headlight that will illuminate the area in front of the equipment at least 50 feet. There shall be at least one rear light to illuminate equipment at the rear. Additional lighting shall be provided where the operation requires field adjustment or the operator's attention.
(h) Adequate means of access shall be provided so that employees can safely reach the top of the load for manual loading or unloading of high loads.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3442. Horizontal Rotary Spreaders.
The spinner shall be guarded to prevent accidental contact. The guard shall consist of a bar, rail, or similar structure beyond the periphery of the spinner.
Note: Authority cited: Section 142.3 Labor Code. Reference: Section 142.3, Labor Code.
s 3443. Corn Pickers.
s 3444. Beet Trucks.
In no case shall the entire side door hinge from the bottom on manually operated beet truck sides. Split doors may be used, providing the bottom hinged portion does not exceed its practical value as a locking device or discharge lip and is not over 18 inches high.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3445. Choppers.
(a) Every power-driven cutter, chopper, or grinder shall be guarded to prevent accidental contact with revolving parts or access to hazardous parts of the machine.
Access doors or covers shall be identified by an appropriate warning sign.
(b) Every manually fed power-driven cutter, chopper, or grinder shall be guarded to prevent accidental contact with the feed rolls or other hazardous processing parts of the machine.
Note: Guarding may be accomplished by extending the feed chute or hopper to provide a minimum accessible distance o not less than 88 inches from the working level to the point of operation, or a distance of 36 inches from the edge of the chute or hopper to the point of operation, or other effective means.
(c) Stationary machines which are equipped with feed rolls or other feed-assisting mechanisms shall be provided with a safety bar or trapeze bar which will stop the machine.
(d) Rotary choppers with horizontal blades shall have side shields extending below the plane of the lowest blade. Front and rear guards shall be provided to guard against accidental contact with the revolving blades.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3446. Conveyors and Elevators.
(a) Portable screw conveyors located seven feet or less above the work level shall be covered or guarded to prevent accidental contact with any portion of the screw. Augers shall be guarded with either grating type guards or solid baffle style covers as follows:
(1) The largest dimensions or openings in grating type guards through which materials are required to flow shall be 4 3/4 inches. The area of each opening shall be no larger than 10 square inches. The opening shall be located no closer than 2 1/2 inches to the rotating flighting.
(2) Slotted openings in solid baffle style covers shall be no wider than 1 1/2 inches, or closer than 3 1/2 inches to the exposed flighting.
Exception: Portable material transfer augers which cannot be guarded as above due to the nature of the process or material being transferred shall not be permitted to rotate unless they are in contact with the material to be transferred. The top and rear of the rotating auger shall be guarded. The leading edge of the guard shall extend at least six inches beyond the leading edge of the auger flight. Employees shall not be required or permitted in front of an auger while it is rotating.
(b) Portable sack loader, auger, elevator, or drag conveyor drive systems shall contain only one starting control. The starting control shall be located within ready access of the operator.
(c) Shear points created by portions of the conveyor passing structural or other fixed parts shall be guarded.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3447. Vegetable-Trimming Saws.
(a) The unused portion of the saw blades shall be enclosed.
(b) A barrier shall be installed to prevent employees from reaching the saw blades.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3448. Water Hazards.
Where and when employees are required to work in or about farm structures such as permanent pools, ponds, water tanks, or reservoirs 4 feet or more in actual depth and where the slope and construction would make exit difficult, ladder, steps or other suitable climbing means extending to the low water level shall be provided.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3449. Ladders.
s 3450. Formulation and Application of Restricted Materials.
(Organophosphates and carbamates, Toxicity Categories I and II).
Medical requirements relating to the formulation and application of restricted materials shall be as required by Title 3, Article 23 of the California Administrative Code.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3451. Decontamination of Equipment Used for Restricted Materials.
(a) Machines, aircraft, or applicators shall be decontaminated before they are overhauled or placed in storage.
(b) Decontamination shall be done in a safe area by washing with water, neutralization, or by means recommended by the manufacturer of the restricted material.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3452. Aircraft Crop Dusting and Spraying.
(a) All hoppers on crop-dusting aircraft shall have dust-tight covers, and shall have lids so secured that they will not readily open in case of a flipover.
(b) Safety precautions to be followed when using aircraft for crop dusting and spraying shall be as required by Title 3, Article 23 of the California Administrative Code.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3453. Applicator Rigs, Tanks, and Vessels Used for Fertilizer, Insecticide, Pesticide, and Other Chemical Solutions of a Hazardous Nature.
(a) All closed tanks over 100 gallons in capacity shall have an effective means to indicate the liquid level.
(b) Fittings, hose, and tubing connections of the proper strength for the maximum pressure encountered in the system shall be used. All hose connections shall be clamped or otherwise safely secured.
Anhydrous ammonia (NH3) connections shall be in accordance with the Unfired Pressure Vessel Safety Orders.
(c) All storage tanks shall have a legend attached, painted, or stenciled on them indicating the type of solution stored in them. The legend shall be in letters at least 2 inches high of a color contrasting with the color of the tank. A notice with precautionary instructions equivalent to the label prescribed by the labeling orders of the Division for the material being used shall also be attached to the tank.
(d) When positive displacement pumps are used and a stop valve is located between the outlet side of the pump and the discharge end of the hose, pipe, or tubing, there shall be installed a relief device which will bypass the liquid back to the low-pressure side of the system to prevent rupturing of the discharge hose, pipe, tubing, or pump.
(e) Controls for applicator tanks shall be placed in such a manner that the employee will receive the least possible exposure from ruptured or breaking lines at the controls.
The distributing manifold (Christmas Tree) if in the immediate vicinity of the operator shall be located to the rear and below the seat level of the operator or completely shielded.
(f) When two or more tanks under gas or liquid pressure are connected by means of a hose, tubing, or pipe blocked at both ends by stop valves, there shall be a device installed in the line to bleed off the pressure before the line is disconnected.
(g) Where aqua ammonia operations are conducted, each bulk tank, mobile applicator, or nurse tank, shall have immediately available from a safe and accessible source, or shall be supplied with sufficient clean water (5 gallons) to enable an employee to wash his eyes in case of accidental sprays or spillage.
(h) All pressure vessels shall be designed and constructed in accordance with the Unfired Pressure Vessel Safety Orders.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3454. Sheepshearing.
(a) Canvas or other fabric material used for floors shall be stretched tight and properly pegged at regular 4 foot intervals around the outer edge to prevent them from gathering or bunching. The floor shall be maintained tight at all times.
(b) Hobbles shall be installed one-third of the way down on each hanger arm. These hobbles shall be secured to the main hanger, and the leather thongs passed through an eyelet on the turn-out side of the shearing floor. On each end of the thongs there shall be a weight adequate enough to pull the hanger arm back to a neutral position in case the clippers are dropped or kicked free.
(c) The catch pen and turn-out pen shall be provided with proper gates or other barriers to prevent sheep from dashing across the shearing floor while shearers are at work.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3455. Overhead Electrical Hazards.
(a) Where high-voltage electrical lines pass over, through or along planted areas or orchards, the supervisor or person in charge of work crews shall inspect the work area to determine if the high-voltage lines are located in areas that may expose employees to electrical hazards.
(b) Electrically conductive poles shall not be used for fruit picking or nut-knocking. Employees using other conductive tools or equipment to perform duties such as pruning, harvesting and the handling of irrigation pipe in areas where such tools or equipment could come into contact with overhead high-voltage electrical lines shall not be assigned such work until they are instructed in the hazards associated with working in proximity to energized high-voltage electrical lines (i.e., serious bodily injury or death from accidental contact or near-contact with energized electrical lines). The instruction shall include the use of tools, equipment and work practices necessary to perform work safely and maintain the appropriate clearances specified in subsection (c).
(c) The clearance distances contained in Article 37, Tables 1 and 2 of the High-Voltage Electrical Safety Orders shall be maintained when placing or moving irrigation piping, and when employees use tools, ladders, machinery, or other equipment and materials that could come into contact with high-voltage lines.
Note: Article 37, Table 1 pertains to general clearances required from energized overhead conductors and Table 2 pertains to boom-type lifting or hoisting equipment clearances.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3456. Hand-Held Tools.
(a) Hand-held tools shall be kept in good condition and be safely stored.
(b) The use of a short-handled hoe or any other short-handled hand tool is prohibited in agricultural operations, as that term is defined in Section 3437, for weeding, thinning or hot-capping when such hoe or short-handled hand tool is used in a stooped, kneeling or squatting position. A long-handled hand tool used for these operations shall not be used as a short-handled hand tool in a stooped, kneeling or squatting position.
(c)(1) Hand weeding, hand thinning, and hand hot-capping in a stooped, kneeling or squatting position shall not be permitted in agricultural operations as defined in Section 3437, unless there is no readily available, reasonable alternative means of performing the work that is suitable and appropriate to the production of the agricultural or horticultural commodity.
(2) Upon inquiry made by the Division of Occupational Safety and Health personnel, the employer shall bear the burden of justifying that the use of hand weeding, hand thinning, or hand hot-capping was required due to the unsuitability of the use of a long-handled tool or other alternative means of performing the work.
(3) Nothing in this subsection shall be construed as prohibiting occasional or intermittent hand weeding, hand thinning or hand hot-capping in a stooped, squatting, or kneeling position that is incidental to a non-hand weeding operation. For purposes of this subsection, occasional or intermittent means an employee is devoting 20 percent or less of his or her weekly work time to hand weeding, hand thinning and hand hot-capping.
(4) Every employer shall provide employees engaged in hand weeding, hand thinning and hand hot-capping, not determined to be occasional or intermittent as defined in subsection (3), an additional five (5) minutes of rest period time, which insofar as practicable, shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of fifteen (15) minutes net rest time per four (4) hours of work, or major fraction thereof. Authorized rest time shall be counted as hours worked for which there shall be no deduction from wages.
(5) Employees engaging in hand weeding, hand thinning, or hand hot-capping shall be provided gloves and knee pads, as necessary, and training required to perform the job in accordance with all guidelines of Section 3203, Injury and Illness Prevention Program.
(6) The employer shall, in accordance with Title 8, Section 11140, provide any hand tool that may be used under subsection (c)(1).
(d) The provisions of subsection (c)(1) and (c)(2) shall not apply to the following situations:
(1) High density plants spaced less than 2 inches apart when planted;
(2) Any agricultural or horticultural commodity grown in fields or greenhouses which have been registered with the County Agricultural Commissioner as organic;
(3) All agricultural or horticultural commodities when they are seedlings; and
(4) Horticultural commodities grown in tubs or planter containers with an opening not to exceed fifteen (15) inches.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3457. Field Sanitation.
(a) Scope: This section shall apply to all agricultural employers.
(b) Definitions.
"Agricultural employer" means any person, corporation, association, or other legal entity that:
A. Owns or operates an agricultural establishment;
B. Contracts with the owner or operator of an agricultural establishment in advance of production for the purchase of a crop and exercises substantial control over production; or
C. Recruits and supervises employees or is responsible for the management and condition of an agricultural establishment.
"Agricultural establishment" is a business operation that uses paid employees in agricultural operations.
"Agricultural operation" means any operation necessary to farming pursuant to Section 3437.
"Hand-labor operations" means agricultural activities or agricultural operations performed by hand or with hand tools in the production of food, fiber, or other materials such as seed, seedlings, plants, or parts of plants. "Hand-labor operations" also include other activities or operations performed in conjunction with hand-labor in the field. Some examples of "hand-labor operations" are the hand-manipulation of irrigation pipes and other irrigation equipment by irrigators; the hand-cultivation, hand-weeding, hand-planting and hand-harvesting of vegetables, nuts, fruits, seedlings or other crops, including mushrooms; and the hand packing of produce into containers, whether done on the ground, on a moving machine or in a temporary packing shed located in the field. "Hand-labor" does not include such activities as logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or packing houses).
"Handwashing facility" means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap or other suitable cleansing agent and single-use towels.
"Potable water" means water that meets the primary standards for drinking purposes found in Title 22, California Code of Regulations, Division 4, Chapter 15.
"Toilet facility" means a fixed or portable facility designed for the purpose of adequate collection and containment of the products of both defecation and urination which is supplied with toilet paper adequate to employee needs. Toilet facility includes biological, chemical, flush and combustion toilets and sanitary privies, in portable or mixed form.
(c) Requirements.
Agricultural operations not involving hand-labor operations shall meet the requirements of Sections 3360-3368.
All other agricultural operations shall meet the following requirements:
(1) Potable drinking water.
(A) Potable water shall be provided during working hours and placed in locations readily accessible to all employees. Access to such drinking water shall be permitted at all times.
(B) The water shall be fresh and pure, suitably cool, and in sufficient amounts, taking into account the air temperature, humidity, and the nature of the work performed, to meet the needs of all employees.
(C) The water shall be dispensed in single-use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited. Note:For the purposes of this section, the term "common use," when applied to a drinking receptacle, is defined as its use for drinking purposes by, or for, more than one person without its being thoroughly cleansed and sterilized between consecutive uses thereof by methods prescribed by or acceptable to the State Department for Health Services.
(D) Drinking water containers shall be constructed of materials that maintain water quality, and shall be provided with a faucet, fountain, or other suitable device for drawing the water.
(2) Toilet and handwashing facilities.
(A) Separate toilet facilities for each sex shall be provided for each twenty (20) employees or fraction thereof. One handwashing facility shall be provided for each twenty (20) employees or fraction thereof. Where there are less than five employees, separate toilet rooms for each sex are not required provided toilet rooms can be locked from the inside and contain at least one water closet. Urinals may be installed instead of water closets in toilet rooms to be used only by men provided that the number of water closets shall not be less than two-thirds the minimum number of toilet facilities.
Exception: An employer may provide transportation to toilet and handwashing facilities, as an alternative means of compliance if: 1. employees perform field work for a period of less than two (2) hours (including transportation time to and from the field), 2. fewer than five (5) employees in any agricultural establishment are engaged in hand-labor operations on any given day, or 3. employees are not engaged in hand-labor operations.
(B) Toilet and hand-washing facilities shall at all times meet the following standards:
1. Toilet facilities shall be appropriately screened to keep flies and other vermin away from the excreta.
2. Units housing toilet and handwashing facilities shall be ventilated and provided with self-closing doors, lockable from the inside, and shall be otherwise constructed to ensure privacy.
3. Toilet facilities shall provide a minimum area of eight (8) square feet, with a minimum width of two and one-half (2 1/2) feet for each toilet seat. A minimum area of ten (10) square feet, with a minimum width of two and one-half (2 1/2) feet, shall be required when a urinal is included. Sufficient additional space shall be included if handwashing facilities are within the facility.
4. The wastewater tank on chemical toilets shall be constructed of durable, easily cleanable material and have a minimum tank capacity of forty (40) gallons. Construction shall be such as to prevent splashing on the occupant, field, or road.
5. The handwashing water tank shall provide a minimum capacity of fifteen (15) gallons.
6. Units housing toilet and handwashing facilities shall be rigidly constructed and their inside surfaces shall be of nonabsorbent material, smooth, readily cleanable, and finished in a light color.
7. Water flush toilets and handwashing facilities shall conform to Title 24, California Code of Regulations, Part 5, California Plumbing Code.
(C) Toilet and handwashing facilities shall be accessibly located and in close proximity to each other.
(D) The facilities shall be located within a one-quarter (1/4) mile walk or within five (5) minutes, whichever is shorter.
(E) Where due to terrain it is not feasible to locate facilities as required above, the facilities shall be located at the point closest to vehicular access.
(3) Maintenance standards: Potable drinking water facilities, toilet facilities, and handwashing facilities, which are under the control of the employer, shall be serviced and maintained by the employer at all times in accordance with appropriate public health sanitation practices, including the following:
(A) Drinking water containers shall be regularly cleaned, shall be refilled daily or more often as necessary, and shall be kept covered and protected to prevent persons from dipping the water by hand or otherwise contaminating it.
(B) Toilet facilities shall be, at all times, operational, maintained in a clean and sanitary condition, and kept in good repair. Written records of service and maintenance shall be maintained and retained for two years.
(C) Toilet paper shall be provided in a suitable holder in each toilet unit.
(D) Effective odor control and solid-liquefying chemicals shall at all times be used in chemical toilet waste holding tanks.
(E) Contents of chemical tanks shall be disposed of by draining or pumping into a sanitary sewer, an approved septic tank of sufficient capacity to handle the wastes, a suitably sized and constructed holding tank approved by the local health department, or by any other method approved by the local health department.
(F) Privies shall be moved to a new site or taken out of service when the pit is filled to within two (2) feet of the adjacent ground surface. The pit contents shall be covered with at least two (2) feet of well-compacted dirt when the privy is moved.
(G) Handwashing facilities shall at all times meet the following standards:
1. Pure, wholesome, and potable water shall be available for handwashing.
2. Handwashing facilities shall be refilled with potable water as necessary to ensure an adequate supply.
3. Soap or other suitable cleansing agent and single-use towels shall be provided.
4. Signs shall be posted, indicating that the water is only for handwashing purposes.
5. Handwashing facilities shall be provided at the toilet unit or in the immediate vicinity.
6. Handwashing facilities shall be maintained in a clean and sanitary condition.
(H) The disposal of wastes from toilet or handwashing facilities shall not cause unsanitary conditions, nuisance, or contamination.
(4) Reasonable use: The employer shall notify each employee of the location of the sanitation facilities and potable water and shall allow each employee reasonable opportunities during the workday to use these facilities. The employer shall ensure that employees use the sanitation facilities provided and shall inform each employee of the importance of each of the following good hygiene practices to minimize exposure to the hazards in the field of heat, communicable diseases, retention of urine, and agrichemical residues:
(A) Use the water and facilities provided for drinking, handwashing, and elimination;
(B) Drink water frequently, especially on hot days;
(C) Urinate as frequently as necessary;
(D) Wash hands both before and after using the toilet; and
(E) Wash hands before eating and smoking.
(d) Required Reports: Employers cited under this section shall provide to the Division annually for a period of five (5) years following the final order of a citation a written statement under penalty of perjury giving the following information: the estimated peak number of employees; the toilets, washing, and drinking water facilities to be provided by the employer; and any rental and maintenance agreements related to the requirements of this subsection.
Note: Authority cited: Sections 142.3 and 6712, Labor Code. Reference: Sections 142.3, 2441 and 6712, Labor Code.
s 3458. Fall Protection for Date Palm Operations.
(a) Employees working in or on date palm trees shall be protected from falling at heights greater than 7 1/2 feet by the use of approved equipment/devices such as, but not limited to, elevating work platforms or aerial devices, or fall protection as provided in accordance with this Section.
(1) Fall protection systems used to meet the requirements of subsection (a) (i.e., approved personal fall arrest, fall restraint, or work positioning device system) shall meet the requirements of Section 1670 of the Construction Safety Orders, except as modified by subsection (b), (c) and (d) of this section.
(b) Lanyards used in a fall protection system shall be constructed of wire rope or chain when there is a hazard of cutting or damaging the lanyard by the use of tools or knives.
(1) Wire rope lanyards shall meet the minimum strength requirements provided in Section 1670 of the Construction Safety Orders.
(2) Chains used in a fall protection system shall maintain a safety factor of at least 10. Note:The term "safety factor" is defined as the ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use.
(c) Date palm saddles shall be designed by a competent person and shall be used in accordance with the following:
(1) Date palm saddles are permitted for use only as part of positioning device systems and must incorporate the use of an approved body belt;
(2) Lanyard(s) shall be attached to at least two fronds; and
(3) Dead, decayed, or damaged fronds shall not be used for anchorage.
(d) Positioning device systems used in the crown of date palm trees are permitted for fall protection provided the following conditions are met:
(1) Lanyard(s) shall be attached to at least two fronds;
(2) Lanyard(s) shall have a maximum length of 8 feet and be rigged in such a manner that an employee cannot free fall more than 2 feet;
(3) Dead, decayed, or damaged fronds shall not be used for anchorage; and
(4) When changing work positions, at least one lanyard remains attached to provide fall protection at all times.
(e) A job briefing shall be conducted by a qualified person before each work assignment begins. Such job briefing shall include the description of the hazards unique to a specific job, appropriate work procedures to be followed, and other items to ensure that the work can be accomplished safely.
(f) Prior to each use, fall protection equipment shall be inspected by a qualified person and any found to be defective shall be immediately removed from service.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3459. Scope.
This Article applies to all marine terminal operations including longshoring and stevedoring on land, pier, wharf and dock from the terminal gate(s) up to the pier, land, wharf or dock end of the gangway, and to all shore-based cranes or other shore-based devices used for loading of cargo on or off a vessel or ship on the navigable waters of the United States contiguous to the borders of the State of California.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3460. Definitions.
Apron. That open portion of a marine terminal immediately adjacent to a vessel berth and used in the direct transfer of cargo between the terminal and vessel.
Cargo Door (transit shed door). A door designed to permit transfer of cargo to and from a marine terminal structure.
Cargo Packaging. Any method of containment for shipment, including cases, cartons, crates and sacks, but excluding large units such as intermodal containers, vans or similar devices.
Confined Space. See Section 5156(b). Examples of confined spaces are intermodal tank containers and portable tanks.
Dock. A wharf or pier forming all or part of a waterfront facility, including marginal or quayside berthing facilities, not to be confused with "loading dock" as at a transit shed or container freight station, or with the body of water between piers or wharves. Enclosed Space. A space where the ready access or egress for the removal of a suddenly disabled employee is difficult due to the location and/or size of the opening(s).
Flammable Atmosphere. An atmosphere containing more than 10 percent of the lower flammable limit of a flammable or combustible vapor or dust mixed with air.
Front-end Attachments. (As applied to cranes). Various attachments applied to the basic machine for the performance of functions such as lifting, clamshell or magnet services.
Front-end Attachments. (As applied to power-operated industrial trucks). Various devices, such as roll clamps, rotating and sideshifting carriages, magnets, rams, crane arms or booms, load stabilizers, scoops, buckets and dumping bins, attached to the load end for handling lifts as single or multiple units.
Gangway. Any ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel, including accommodation ladders, gangplanks and brows.
Hot Work. Riveting, welding, flame cutting or other fire or spark-producing operation.
Intermodal Container. A reusable cargo container of rigid construction and rectangular configuration, intended to contain one or more articles of cargo or bulk commodities for transportation by water and one or more other transport modes without intermediate cargo handling. The term includes completely enclosed units, open top units, fractional height units, units incorporating liquid or gas tanks and other variations fitting into the container system, demountable or with attached wheels. It does not include cylinders, drums, crates, cases, cartons, packages, sacks, unitized loads or any other form of packaging.
Longshoring Operations. The loading, unloading, moving, or handling of cargo, ships stores, gear, etc., within the scope of this Article.
Loose Gear. Removable and replaceable components of equipment or devices which may be used with or as a part of assembled material handling units for purposes such as making connections, changing line direction and multiplying mechanical advantage. Examples are shackles and snatch blocks.
Marine Terminal. Wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or contiguous areas and structures associated with the primary movements of cargo or materials from vessel to shore or shore to vessel including structures which are devoted to receiving, handling, holding, consolidation and loading or delivery of waterborne shipments and passengers, including areas devoted to the maintenance of the terminal or equipment. The term does not include production or manufacturing areas having their own docking facilities and located at a marine terminal nor does the term include storage facilities directly associated with those production or manufacturing areas.
Stringpiece. A narrow walkway between the water edge of a berth and a shed or other structure.
(See Sections 3207 and 4885 for additional definitions.)
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3461. General.
(a) All cargo handling gear and equipment provided by the employer shall be inspected by the employer or his authorized representative before each use and, when necessary, at intervals during its use to insure that it is safe for its intended use. Any such gear which is found to be visibly unsafe shall not be used until it is made safe.
(b) Drafts shall be safely slung before being hoisted. Loose dunnage or debris hanging or protruding from loads shall be removed.
(c) Nails which are protruding from shoring or fencing in the immediate work areas shall be bent over or otherwise rendered harmless.
(Dunnage, lumber, or shoring material in which there are visibly protruding nails shall be removed from the immediate work area, or, if left in that area, the nails shall be bent over or otherwise rendered harmless.)
(d) Barges and railcars shall not be moved by cargo runners (running rigging) from vessel cargo booms, cranes or other equipment not suitable for the purpose.
(e) Bales of cotton, wool, cork, wood pulp, burlap bags or similar articles shall be hoisted by straps or by other means strong enough to support the weight of the bale. At least two hooks, each in a separate strap, shall be used.
(f) Unitized loads bound by bands or straps may be hoisted by the banding or strapping only if the banding or strapping is suitable for hoisting and is strong enough to support the weight of the load.
(g) No employee shall be hoisted by the load hoisting apparatus of a crane or derrick except on intermodal container spreaders equipped in accordance with Section 3466(i).
(h) When stringpiece or apron width is insufficient for safe footing, grab lines or rails shall be installed on the sides of permanent structures.
(i) In order to provide safe access for handling lines while mooring and unmooring vessels, cargo or material shall not be stowed or vehicles placed where they obstruct the work surface to be used.
(j) Hatch beams, covers and pontoons placed in terminal working areas shall be stowed in stable piles with beams secured against tipping or falling. Alternatively, beams may be laid on their sides. When beams and pontoons are stowed in tiers more than one high, dunnage or other suitable material shall be used under and between the tiers.
(k) Cargo and material shall not obstruct access to vessels, cranes, vehicles or buildings. Means of access and egress within buildings shall be similarly unobstructed.
( l) To prevent inadvertent employee entry into spaces that have been identified as having hazardous, flammable or oxygen deficient atmospheres, appropriate warning signs or equivalent means shall be posted at all means of access to those spaces.
(m) Work shall not be carried on in the immediate vicinity of uncovered garbage or in the way of overboard discharges from sanitary lines unless employees are protected from the garbage or discharge by a baffle or splash boards.
(n) Open fires and fires in drums or similar containers are prohibited.
(o) Repair and reconditioning of damaged or leaking cargo packaging (coopering) shall be performed so as not to endanger employees.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3462. Hazardous Cargo.
(a) Explosives and other hazardous cargo shall be loaded, unloaded, stored, transported or otherwise handled in accordance with the regulations of the U.S. Department of Transportation and the United States Coast Guard. (q.v., 33 CFR Part 126, 46 CFR Part 146, 49 CFR Part 172.)
(b) Before cargo handling operations begin, the employer shall ascertain whether any hazardous cargo is to be handled and shall determine the nature of the hazard. The employer shall inform employees of the nature of any hazard and any special precautions to be taken to prevent employee exposure, and shall instruct employees to notify him of any leaks or spills.
(c) All hazardous cargo shall be slung and secured so that neither the draft nor individual packages can fall as a result of tipping the draft or slacking of the supporting gear.
(d) If hazardous cargo is spilled or if its packaging leaks, employees shall be removed from the affected area until the employer has ascertained the specific hazards, provided any equipment, clothing and ventilation and fire protection equipment necessary to eliminate or protect against the hazard, and has instructed cleanup employees in a safe method of cleaning up and disposing of a spill and handling and disposing of leaking containers. Actual cleanup or disposal work shall be conducted under the supervision of a qualified person.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3463. Hazardous Atmospheres and Substances.
(a) Carbon Monoxide.
(1) Exposure limits. The carbon monoxide content of the atmosphere in a room, building, vehicle, railcar or any enclosed space shall be maintained at not more than 50 parts per million (0.005%) as an 8-hour time-weighted average and employees shall be removed from the enclosed space if the carbon monoxide concentration exceeds 100 parts per million (0.01%).
(2) Testing. Tests to determine carbon monoxide concentration shall be made when necessary to ensure that employee exposure does not exceed the limits specified in subsection (1).
(3) Instrumentation. Tests for carbon monoxide concentration shall be made by qualified persons using gas detector tube units meeting the requirements of 30 CFR Part 11 or other equivalent methods.
(4) Records. A record of the date, time, location and results of carbon monoxide tests shall be available for at least thirty (30) days.
(b) Pesticides (Fumigants, Insecticides, Hazardous Preservatives).
(1) When the employer is aware that cargo in a space is or has been stowed, handled, or treated with a pesticide (fumigant, insecticide, or hazardous preservative), a determination shall be made as to whether a hazardous atmosphere is present in the space, and only employees protected as required in subsection (5) of this section shall enter the space if it is hazardous.
(2) Tests to determine the atmospheric concentration of chemicals used to treat cargo shall be:
(A) Appropriate for the hazard involved;
(B) Conducted by qualified persons; and
(C) Performed at the intervals necessary to ensure that employee exposure does not exceed the permissible exposure limit for the chemical involved.
(3) Results of any test shall be available for at least thirty (30) days.
(4) Chemicals shall only be applied to cargoes by qualified persons.
(5) Only qualified persons shall enter hazardous atmospheres, in which case the following provisions apply:
(A) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of Article 10 and Section 5144 of the General Industry Safety Orders; and
(B) Persons entering a space containing a hazardous atmosphere shall be instructed in the nature of the hazard, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such a space.
(6) Signs shall be clearly posted where fumigants, pesticides or hazardous preservatives have created a hazardous atmosphere. These signs shall note the danger, identify specific chemical hazards, and give appropriate information and precautions, including instructions for the emergency treatment of employees affected by any chemical in use.
(c) Asbestos. When the packaging of asbestos cargo leaks, spillage shall be cleaned up by qualified employees protected from the harmful effects of asbestos as required by Section 5208.
(d) Welding, Cutting and Heating on Preservative Coatings.
(1) Before hot work is commenced on surfaces covered by a preservative coating of unknown flammability, a test shall be made by a qualified person to determine the coating's flammability. Preservative coatings shall be considered highly flammable when scrapings burn with extreme rapidity.
(2) Appropriate precaution shall be taken to prevent ignition of highly flammable hardened preservative coatings. Highly flammable coatings shall be stripped from the area to be heated. An uncoiled fire hose with fog nozzle, under pressure, shall be immediately available in the hot work area.
(3) Surfaces covered with preservative coatings shall be stripped for at least 4 inches (10.2 cm) from the area of heat application or employees shall be protected by supplied air respirators.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3464. Accident Prevention and First Aid.
(a) Supervisory Accident Prevention Proficiency.
(1) After the effective date of these orders immediate supervisors of cargo-handling operations of more than five (5) persons shall satisfactorily complete a course in accident prevention. Employees newly assigned to supervisory duties after that date shall be required to meet the provisions of this subsection within ninety (90) days of such assignment.
(2) The course shall consist of instruction suited to the particular operation involved.
Note: The following are recommended topics: 1. Safety responsibility and authority; 2. elements of accident prevention; 3. attitudes, leadership and motivation; 4. hazards of longshoring, including peculiar local circumstances; 5. hazard identification and elimination; 6. applicable regulations; and 7. accident investigations.
(b) First Aid.
(1) Employers shall instruct employees to report every injury, regardless of severity, to the employer.
(2) A first aid kit shall be available at the terminal, and at least one person holding a valid first aid certificate shall be at the terminal when work is in progress.
(3) First aid kits shall be weatherproof and contain individual sealed packages for each item that must be kept sterile. Each kit shall either be approved by a licensed physician or shall include at least the following items:
(A) Gauze roller bandages, 1-inch and 2-inch (25.4 mm and 50.8 mm);
(B) Gauze compress bandages, 4-inch (101.6 mm);
(C) Adhesive bandages, 1-inch (25.4 mm);
(D) Triangular bandage, 40-inch (101.6 cm);
(E) Eye dressing;
(F) Wire or thin board splints;
(G) Forceps; and
(H) First aid dressing.
(4) Stretchers permanently equipped with bridles for hoisting shall be readily accessible. A blanket or other suitable covering shall be available.
(5) Telephone or equivalent means of communication shall be readily available.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3465. Terminal Facilities.
(a) The structural integrity of docks, piers, wharves, terminals and working surfaces shall be maintained.
(1) Dockboards (car and bridge plates) shall be designed, constructed, and maintained to prevent vehicles from running off the edge.
(b)(1) Vehicle curbs, bull rails, or other effective barriers at least 6 inches (13.74 cm) in height, shall be provided at the waterside edge of aprons and bulkheads, except where vehicles are prohibited. Curbs or bull rails installed after the effective date of this section shall be at least 10 inches (22.9 cm) in height.
(2) The provisions of Subsection (b)(1) also apply at the edge of any fixed level above the common floor area from which vehicles may fall, except at loading docks, where cargo is moved by vehicles.
(c) Readily located ladders shall be provided on all docks, wharves or piers where employees' work exposes them to the hazard of drowning. The ladders shall reach from the floor of the structure to the lowest water elevation. Portable ladders shall be equipped with a substantial means to secure them readily to the structure.
(d) Every marine terminal shall have conspicuously posted signs as follows:
(1) Locations of first aid facilities;
(2) Locations of telephones;
(3) Telephone numbers of the closest ambulance service, hospital or other source of medical attention, police, fire department, and emergency squad (if any); and
(4) Locations of firefighting and emergency equipment and fire exits.
(e) Signs shall be clearly worded and legible, and shall contain a key word or legend indicating the reason for the sign.
(1) Key words are such words as Danger, Warning, Caution.
(2) Legends are more specific explanations such as High Voltage, Close Clearance, Pedestrian Crossing.
Note: Authority cited: Section 143.2, Labor Code. Reference: Section 142.3, Labor Code.
s 3466. Intermodal Containers.
(a) Every intermodal container shall be legibly and permanently marked with:
(1) The weight of the container when empty, in pounds;
(2) The maximum cargo weight the container is designed to carry, in pounds; and
(3) The sum of the weight of the container and the cargo, in pounds.
(b) No container shall be hoisted by any crane or derrick unless the following conditions have been met:
(1) The employer shall ascertain from the carrier whether a container to be hoisted is loaded or empty. Empty containers shall be identified before loading or discharge in such a manner as will inform every supervisor and foreman on the site and in charge of loading or discharging, or every crane or other hoisting equipment operator and signalman, if any, that such container is empty. Methods of identification may include cargo plans, manifests or markings on the container.
(2) In the case of a loaded container:
(A) The actual gross weight shall be plainly marked so as to be visible to the crane or other hoisting equipment operator or signalman, or to every supervisor and foreman on the site and in charge of the operation: or
(B) The cargo stowage plan or equivalent permanently recorded display serving the same purpose, containing the actual gross weight and the serial number or other positive identification of that specific container, shall be provided to the crane or other hoisting equipment operator and signalman, if any, and to every supervisor and foreman on the site and incharge of the operation. (continued)