CCLME.ORG - DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTERS 1 through 6

(continued)
(b) The Presiding Officer shall take official notice of those matters set forth in section 451 of the Evidence Code and may take official notice of those matters set forth in section 452 of the Evidence Code.
(c) Each party shall be given reasonable opportunity on request to present information relevant to (1) the propriety of taking official notice, and (2) the tenor of the matter to be noticed.

Note: Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

s 340.50. Confidential Evidence.
(a) A Presiding Officer shall consider confidential any exhibit which might reveal a trade secret referred to in section 1905 of Title 18 of the United States Code, information that is confidential pursuant to Chapter 3.5 (commencing with section 6250) of Division 7 of Title 1 of the Government Code, or photographs taken by the Division during the course of any inspection or investigation.
(1) The Presiding Officer shall issue necessary orders to protect the confidentiality of such information, including the exclusion of witnesses during the course of the hearing if testimony might tend to reveal the substance of the confidential information.
(2) Parties shall request confidentiality at the time the evidence is submitted.

Note: Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5, 6308, 6314 and 6322, Labor Code; and Section 11400.20, Government Code.

s 340.51. Prehearing Motions.
(a) No later than 24 hours prior to a hearing, a party may make a written motion for continuance or for clarification of issues related to discovery or other matters deemed important to the issues to be addressed during the course of the hearing.
(b) Such written motion shall be filed with the Presiding Officer and served upon the other party in conformance with section 340.46 of this article.
(c) The Presiding Officer may issue such orders as it deems necessary to address the issues referenced in such written motion.
(d) Prehearing motions in connection with the appeal of an OPU may be made up until and including the day of the appeal hearing.

Note: Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

s 340.52. Interpreters.
(a) All hearings shall be conducted in the English language. The Division shall notify each party of the right to an interpreter at the time it serves notification of a proceeding pursuant to Section 340.41, or at the time it issues an OPU.
(b) A party who does not proficiently speak or understand the English language, who calls a witness who does not proficiently speak or understand the English language, or who requests an interpreter, shall be provided with an approved interpreter during the hearing. A request for an interpreter shall be made at the same time as the request for appeal. The party requesting the interpreter shall pay the cost of the interpreter, unless the Division elects to pay the interpreter based on the financial hardship of the requesting party.
(c) For purposes of this section, an approved interpreter is a person whose name appears on the list of interpreters approved by the Occupational Safety and Health Appeals Board, the State Personnel Board, or the Superior Court for the County in which the hearing is conducted.

Note: Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

s 341. Permit Requirements.
(a) Scope and Application.
(1) This article specifies:
(A) Work activities that require permits;

(B) What permit holders must do to comply with permit requirements;
(C) What types of permits can be obtained; and
(D) How to apply for a permit.
(2) The purpose of a permit is to provide notice to the Division that an employer will undertake permit-required activity and to allow the Division an effective means of ensuring that the proposed permit-required activity will be performed safely.
(3) There are two types of permits: Project Permits and Annual Permits. Both types are defined below in subsection (b) and explained in subsections (c), (d), and (e).
(4) The Permit application process is explained in section 341.1.
(b) Definitions. The following definitions apply to this article:
(1) "Annual permit" means a permit issued pursuant to section 341.1(a)(2) that allows a qualifying employer to conduct specified permit-required activity at any jobsite for a period of one year.
(2) "Climbing a fixed tower crane" means altering the height of the revolving section of the crane by adding or removing tower sections with the use of a climbing frame.
(3) "Conduct permit-required activity" means either:
(A) Engage in permit-required activity by having employees who actually perform the activity; or
(B) Act in the role of a project administrator at a site where permit-required activity is taking place, regardless of whether this role involves having employees who actually perform the activity. Note:See definition of "permit required activity" below.
(4) "Emergency repair work to underground facilities" means the unscheduled repair or replacement of pipes or other underground structures for the purposes of protecting life or property.
(5) "Height" when used to describe a structure means the distance from the top of the structure, including any parapet walls, mechanical rooms or other penthouse structures, to the lowest point of the surrounding grade or ground level below. Mechanical screens, antennas, chimneys, flag poles, and similar attachments are not to be considered in determining the height of a structure.
(6) "Hold a project permit" or "Hold an annual permit" means to have a valid applicable permit which was obtained prior to the start of work. In the case of underground use of a diesel engine in a mine or tunnel the permit shall be obtained prior to placing the engine in the mine or tunnel.
(7) "Permit-required activity" means activity for which a permit is required by this Article. Note:See section 341(d) below for a description of these activities.
(8) "Project Administrator" means a person or entity that has overall onsite responsibility for the planning, quality, management, or completion of a project involving the erection or demolition of a structure. Examples of Project Administrators include, without limitation, general contractors, prime contractors, owner/builders, joint ventures, and construction managers.
(9) "Project permit" means a permit issued pursuant to section 341.1(a)(1) that authorizes an employer to conduct permit-required activity at the specific location(s) named in the permit.
(10) "Structure" means any creation by human activity of a piece of work, formation, or series of parts joined together, including but not necessarily limited to the following:
Billboards.
Bridges.
Buildings.
Chimneys.
Dams.
Elevated highways.
Falsework.

Outdoor signs.
Powerhouses.
Scaffolding.
Silos.
Smokestacks.
Tanks or tank towers.
Transmission or communication towers.
(c) Basic permit requirement.
(1) Project Permits.
(A) Work on permit-required activities on a project subject to Project Permit requirements shall not begin until a Project Permit has been issued for the project.

(B) Only one Project Permit is required per project as long as the Project Permit holder continues to act in the role of Project Administrator, even though the project may have more than one employer fitting the description of a Project Administrator. If the holder of the current Project Permit no longer continues to act in the role of Project Administrator, that Project Permit is no longer valid, and no project work shall continue until a new Project Permit has been issued. Note:See Sections 341.1(f) and 341.1(g) of this article for additional details regarding the scope of coverage of a Project Permit.
(2) Annual Permits.
(A) Any employer other than a Project Permit holder who conducts permit-required activity shall hold a current Annual Permit before engaging in the activity.
(B) An employer who conducts activity subject to Annual Permit requirements shall obtain an Annual Permit once per year and shall notify the Division each time the permit holder begins permit-required activity at a new site.
(d) Work Activities Subject to Permit Requirements and the Types of Permits Required to Conduct the Activities.
(1) To erect, raise or lower, or dismantle a fixed tower crane, the fixed tower crane erector, climber, or dismantler shall hold a Project Permit. NoteNo.1:See Section 341.1 of this article for additional details on Project Permit requirements for fixed tower cranes. NoteNo.2:See Sections 344.70 et seq. of Title 8 of the California Code of Regulations for additional requirements applicable to permits to operate a fixed tower crane.
(2) To engage in the underground use of a diesel engine in any mine or tunnel, each employer or entity who is to operate the diesel engine shall hold a Project Permit. The permit shall be obtained prior to placing the engine in the mine or tunnel.
(3) To conduct the demolition or dismantling of any building or structure more than 36 feet in height, the Project Administrator shall hold a Project Permit and all other employers directly engaging in demolition or dismantling activity shall hold an Annual Permit.
(4) To conduct any of the following activities on a structure intended to be more than 36 feet high when completed, the Project Administrator shall hold a Project Permit and all other employers directly engaging in these activities shall hold an Annual Permit:
(A) Erection and placement of structural steel or erection and placement of structural members made of materials other than steel. Note:No permit is required for work limited to the erection or placement of reinforcing bars used in reinforced concrete construction.
(B) Installation of metal decking or decking made of substitute materials.
(C) Installation of curtain walls, precast panels, or fascia.
(D) Forming or placement of concrete structures or concrete decks on steel structures.
(E) Installation of structural framing, including roof framing, or the installation of panelized roof systems. Note:No permit is required for work limited to the installation of interior partitions.
(5) To conduct the following activities, the employer shall hold an Annual or a Project Permit, and may apply for either:

(A) Construction of trenches or excavations 5 feet or deeper into which any person is required to descend. Note:For purposes of this subsection, "descend" means to enter any part of the trench or excavation once the excavation has attained a depth of 5 feet or more.
(B) Erection and placement of scaffolding, vertical shoring, or falsework intended to be more than 36 feet high when completed.
(e) Exceptions to Permit Requirements. The provisions of this section shall not apply to the following:
(1) Government Bodies - United States of America, its officers or agencies, State of California, county, city and county, city, or district.
(2) Any public utility subject to the jurisdiction of the Public Utilities Commission.
(3) Construction of trenches or excavations for the purpose of performing emergency repair work to underground facilities.

(4) Construction or final use of excavations or trenches where the construction or final use does not require a person to descend into the excavation or trench.
(5) Excavation for the construction of graves as defined in Section 7014 of the Health and Safety Code.
(6) Excavation for the construction of swimming pools. Note:The construction of motion picture, television, or theater stages and sets does not require a permit unless the conditions specified in Section 6500(b) of the California Labor Code have occurred. For purposes of this requirement, stages and sets include, without limitation, scenery, props, backdrops, flats, greenbeds, and grids.

Note: Authority and reference cited: Sections 60.5, 6308 and 6501, Labor Code. Reference: Sections 6500, 6501 and 6508, Labor Code.

s 341.1. Issuance of Permits.
(a) Where to Submit Permit Applications.
(1) Project Permits. A Project Permit application shall be submitted to the Division district office that has jurisdiction over the site of the project to be covered by the Project Permit.

(2) Annual Permits. An Annual Permit application shall be submitted to the Division district office where the employer's California headquarters is located. If the employer has no California headquarters, the application shall be submitted to the Division's headquarters. Note:Project and Annual Permit application forms are available at all Division offices. Generally, the addresses and telephone numbers of Division district offices may be found on the Cal/OSHA Notice poster required pursuant to Section 340 of Title 8 of the California Code of Regulations.
(3) Permits for Use of Diesel Engines in Mines and Tunnels. Permit applications for the use of diesel engines in mines and tunnels shall be submitted to the nearest office of the Division's Mining and Tunneling Unit. Note:Permit application forms for the underground use of diesel engines are available at all offices of the Division's Mining and Tunneling Unit.
(b) General Requirements for Permit Applications.
(1) All Permit applications shall include the following:
(A) The applicant's business name, business address, telephone number, fax number and, if applicable, the applicant's email address.

(B) The name of the applicant's representative; and that representative's contact telephone number(s).
(C) A valid and applicable license number issued by the California Contractors State License Board, if applicable.
(D) An attached copy of a current policy, binder or other proof of workers' compensation insurance, if applicable.
(E) An attached check or money order for the permit fee as provided in section 341.3 of this article.
(F) A certification from the applicant's representative that he or she has knowledge of the applicable occupational safety and health standards and will comply with such standards and any other lawful orders of the Division.
(G) A description of the conditions, practices, means, methods, operations or processes used or proposed to be used by the applicant to provide a safe and healthful place of employment. Note:No cash or credit card payments will be accepted by the Division.

(2) In addition, an application for a project permit shall include the following information:
(A) A jobsite telephone number.
(B) The specific jobsite location(s), including street address(es) or cross streets.
(C) The anticipated start date and date of completion.
(D) The permit-required activity to be covered by the permit and a description of the activity for which the permit is sought in sufficient detail to allow an effective evaluation of the safety of the proposed project.
(c) Additional application Requirements for Permits for Underground Use of Diesel Engines in Mines and Tunnels and Permits for Fixed Tower Cranes.
(1) Permits for Underground Use of Diesel Engines in Mines and Tunnels. A permit application for the underground use of diesel engines in mines and tunnels, in addition to the information set forth in this section, shall provide the following:
(A) Complete details and specifications of each diesel engine and exhaust purifying device.
(B) Location of the mine or tunnel and details of how the diesel equipment is to be used.
(C) Length, cross-section, and layout of the underground haulage ways.
(D) Maximum number and brake horsepower of diesels to be operated in any aircourse.
(E) Ventilation plans, including direction of airflow, fan capacity, duct sizes, and auxiliary ventilation.
(F) Date when proposed diesel use is to begin and dates and locations where a representative of the Division may conduct tests of the diesel exhaust gases and mechanical conditions affecting exhaust gas emission.
(2) Permits for Erecting, Climbing, and Dismantling of Fixed Tower Cranes.

Each application for a permit to erect, climb, or dismantle a fixed tower crane shall, in addition to providing the information required by this article, certify that:
(A) A Division-licensed tower crane certifier or surveyor or safety representative for the distributor or manufacturer of the fixed tower crane will be present during erection, climbing, and dismantling operations to assure that such processes and operations are performed in accordance with manufacturer recommendations and applicable standards or orders; and Note:See Sections 344.70 et seq. of Title 8 of the California Code of Regulations for additional requirements applicable for permits to operate a fixed tower crane.
(B) The applicant will notify the Division of the following dates and times:
(i) Initial erection at this site;
(ii) Completion of erection and commencement of operation;
(iii) Climbing of the tower crane; and

(iv) Dismantling of the tower crane. Note:The notification must be received by the Division at least 24 hours prior to the activity which is the subject of the notification and may be in writing or by telephone followed by written notification. The notification shall be made to the district office of the Division from which the permit was obtained and must include the date and time of the intended activity.
(d) Safety Conference for Project Permits and Annual Permits.
(1) The Division may conduct any investigation and/or hearing it deems necessary for the purpose of this article, and may require a safety conference to discuss the permit applicant's safety program and the means, methods, devices, processes, practices, conditions or operations the permit applicant intends to use to provide employment and a place of employment that are safe and healthful.
(2) When scheduling a safety conference, the Division shall make a reasonable effort to accommodate the scheduling needs of the applicant, shall furnish the applicant with a recommended checklist of information and documentation to bring to the safety conference, and shall clearly inform the applicant which parties are required to attend.

(3) The safety conference shall be held at a district office or at a designated place convenient for the attending parties, and shall be open to the permit applicant, representatives of the owner, contracting agencies, and employees and their representatives. The permit applicant shall notify all attending parties of the safety conference a reasonable time prior to the holding of the safety conference. Proof of such notification shall be made at the safety conference.
(e) General Requirements Applicable to Issuance of All Permits.
(1) A permit may be issued to an applicant following the filing of a completed Permit Application form, compliance with all the requisites therein, payment of the permit fee as provided in Section 341.3 of this article, and a determination by the Division that all qualifications for receipt of a permit have been met by the applicant. Except as provided in Section 8470(l), the Division shall issue a Project Permit within five working days of the initial project permit safety conference, if the application materials presented by the applicant at the safety conference are complete. If the application materials are not complete, the applicant shall be given a written list before leaving the safety conference of the materials or information needed to complete the application. The Division shall issue the Project Permit within five working days of receiving complete application materials or deny the permit in writing pursuant to the requirements of Section 341.2. Note:Where Project Permits are required for structures subject to the requirements of Section 341(d)(4), the Division may issue conditional permits when specific information is not yet available.
(2) Each permit issued by the Division shall include the following information:
(A) The person or entity to whom the permit has been issued.
(B) The permit number.
(C) The type of permit issued.
(D) The date through which the permit will remain valid.
(E) The fee amount collected; the check or money order number; and the name of the person collecting the fee.
(F) The name of the person who investigated the permit application and held the permit conference, and the name of the person approving the issuance of the permit.
(G) The specific activities and/or projects covered by the permit.
(f) Issuance of Project Permits for All Projects Other Than Erection of Tower Cranes. The permit applicant shall be required to obtain only one Project Permit for the following work activities:
(1) The construction or demolition of a building or structure over 36 feet high, and the associated excavation of trenches and excavations at the same site.
(2) Any project of construction of a building, structure, vertical shoring, or falsework and/or erection of scaffolding at the same site.
(3) Any project or demolition of a building, structure, or dismantling of scaffolding, vertical shoring or falsework at the same site.
(4) For all or any combination of activities listed in subsection (f)(1), (2), and (3) above at the same jobsite.

(5) Two or more projects when the work is part of the same contract but is located in different Division districts, and the work to be performed is the installation or erection of essentially identical structures.
(A) Such essentially identical structures may include structures such as silos, outdoor signs, tanks or tank towers, and transmission or communication towers.
(B) Such essentially identical structures shall not include bridges, dams, elevated highways, buildings, or tower cranes.
(C) The Project Permit for work on such essentially identical structures shall be issued by the Division district office where the first project scheduled to be commenced is located.
(D) For each subsequent project covered by the Project Permit, the permit holder shall notify the Division district office that has jurisdiction over the site of the project at least 24 hours prior to the activity which is the subject of the notification. Notification shall be given by mail, personal delivery, fax transmission or electronic mail, and shall provide the location of the project and the date and time the work activity is to commence.
(g) Issuance of Project Permits for Fixed Tower Cranes.
Only one permit is required to erect, alter the height of, and dismantle a single fixed tower crane, provided all of this work is done by the same entity. If another entity engages in any of these activities, that entity shall also obtain a Project Permit. If a fixed tower crane is relocated to a new position on the same project a new Project Permit is required.
(h) Issuance of Annual Permits.
(1) An Annual Permit may be issued upon the applicant's demonstration that it has an adequate safety program that has been developed for the work activity to be covered by the permit, subject to the conditions specified below and any additional conditions specified by the Division. Except as provided in the Note below, the permit shall expire one year later at the close of business on the day prior to the anniversary date of issuance. The permit shall display the expiration date. Note:During the first year following the effective date of this article, the Division may issue Annual Permits for longer than one year in order to stagger the expiration dates.

(2) Annual Permits shall be issued subject to all of the following conditions:
(A) The work shall be performed by the entity named in the permit.
(B) The permit holder shall notify the Division district office that has jurisdiction over the site of the project at least 24 hours prior to the activity which is the subject of the notification. Notification shall be given by mail, personal delivery, fax transmission or electronic mail, and shall provide the location of the project and the date and time the work activity is to commence.
(3) Annual Permits may be renewed by mail.

Note: Authority cited: Sections 60.5, 6308, 6501, 6502 and 6503, Labor Code. Reference: Sections 6500, 6501, 6502, 6503, 7373 and 7382, Labor Code.

s 341.2. Denial of Permit.
(a) The Division shall deny issuance of a permit if in its opinion, based on available facts, the employer has failed to show that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. A relevant factor in the Division's determination will be the employer's prior occupational safety and health history. In denying a permit to an applicant employer, the district or field office shall immediately notify the employer, in writing, specifying the reasons for such denial and shall send a copy thereof to the Director.
(b) Any employer denied a permit by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or his authorized designee for the convenience of the attending parties within two working days of the employer's appeal. The employer has the burden of establishing that it qualifies for a permit.
The hearing shall be presided by the Director or his authorized designee and shall also be open to employees or employees' representative. The employer shall notify the employees or employees' representative of such hearing a reasonable time prior to the holding of such hearing. Proof of such notification by the employer shall be made at the hearing.
(c) Following the hearing, the Director shall issue his decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearing shall be filed with the Director within ten days from the date of the Director's decision.

Note: Authority cited: Sections 60.5, 6308, 6502 and 6506, Labor Code. Reference: Sections 6308, 6308.5, 6502 and 6506, Labor Code.

s 341.3. Permit Fees.
To cover the costs involved in investigating the permit application, and issuing permits, the following schedule of fees are deemed reasonable and necessary. Such applicable fees shall be paid by the employer to the Division of Occupational Safety and health before the issuance of the permit:
(a) Construction of excavations and/or trenches - $50.00.
(b) Construction of building, structure, or dismantling of falsework or scaffolding - $50.00.
(1) For the erection, including climbing and dismantling of the tower structure of a fixed tower crane - $350.00.
(c) Demolition of building or structure, or dismantling of scaffolding or falsework - $50.00.
(d) The underground use of diesel engines in work in mines and tunnels - $50.00.
(e) Annual permits as specified in section 341.1(e) of this article, for period January 1 to December 31 - $100.00.
(f) All fees collected by the Division under this section shall be paid into the General Fund of the State Treasury.

Note: Authority cited: Sections 60.5, 6308 and 6507, Labor Code. Reference: Sections 6507 and 7373, Labor Code.

s 341.4. Posting of Permit.
Any employer issued a permit pursuant to this Article shall post a copy or copies of the permit at or near each place of employment. If such posting is impracticable at the site of an excavation, the permit shall be made available at such site at all times, or, in the case of a mobile unit, the permit shall be made available at all times at the employer's head office in the district.

s 341.5. Revocation or Suspension of Permit.
(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any permit issued pursuant to this Article.
(b) Notice shall be in writing and served upon the employer at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the employer's address as shown on the Permit Application Form. The notice shall specify the reasons for the action taken by the Division in order that the employer may prepare for the hearing.
(c) The hearing shall be held as soon as possible at the district or field office, shall be presided by the district manager or his authorized designee and shall also be open to the affected employees or their representative.
The employer shall notify the employees or employees' representative a reasonable time prior to such hearing. Proof of such notification by the employer shall be made at the hearing.
(d) At the hearing the Division shall establish good cause for the action taken by it. Good cause is established after the Division establishes that the employer has failed to comply with the requirements of the issuance of the permit, and that to permit the continuance of the project under the circumstances would constitute a hazard to the employees.
The employer may appeal such revocation or suspension to the Director in the same manner specified in Section 341.2 of this Article. The filing of an appeal shall not stay the revocation or suspension, except as provided for in Labor Code Section 6506. The employer has the burden of establishing that the Division did not have good cause for the action taken.

Note: Authority cited: Sections 60.5, 6308, 6505 and 6506, Labor Code. Reference: Sections 6505 and 6506, Labor Code.

s 341.6. Registration Requirements.
(a) An employer who will be engaging in asbestos-related work, as defined, in subsection (b), involving 100 square feet or more of surface area of asbestos-containing material, computed in accordance with subsection (e) of this section, shall apply for and obtain a registration from the division prior to the commencement of any such work.
The registration shall be valid for one year after issuance by the division.
(b) "Asbestos-related work" means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos.
(c) "Asbestos containing construction materials" means any manufactured construction material which contains more than 1/10 th of 1% asbestos by weight.
(d) "Asbestos" means fibrous forms of various hydrated minerals including chrysotile (fibrous serpentine), crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
(e) The square footage of asbestos containing construction material, as defined in subsection (c) of this section, shall be determined by computing the surface area of any such material which will be handled during the course of the work being performed by the employer at a single worksite. If the asbestos containing construction material is situated in noncontiguous locations at a single worksite, the total square footage of such asbestos containing construction material shall be included in the computation, unless the work is performed as part of a routine and continuing maintenance and repair plan of existing fixtures or machinery where each component of such work involves less than 100 square feet.
"A single worksite," as used in this subsection, shall include all buildings, structures, premises, fixtures, machinery or other areas containing asbestos containing construction material which will be handled during the course of the work for which the employer has contracted whether pursuant to single or multiple contracts with the same hirer.
This article is not intended to apply to asbestos-related work involving less than 100 square feet of asbestos containing construction material performed at separate unrelated worksites by the same employer even though the aggregate total of all such work equals or exceeds one hundred square feet annually.
Note: The requirements of this section apply only to asbestos-related work involving 100 square feet or more of surface area of asbestos-containing construction material. Compliance with this section shall constitute compliance with the reporting requirements of section 5208 of title 8 of the California Code of Regulations. For asbestos-related work involving less than 100 square feet of surface area of asbestos-containing construction material, and for other work involving the use or handling of asbestos, employers shall comply with the reporting requirements of section 5208 of title 8 of the California Code of Regulations.

Note: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6501.5, 6501.7 and 6501.8, Labor Code.

s 341.7. Application for Registration and Renewal of Registration.
(a) An employer subject to the provisions of Section 341.6 of this Article shall register with the Division by applying for and obtaining a registration from the Division. Registration application forms may be obtained by writing or calling the headquarter offices of the Division located at 525 Golden Gate Avenue, San Francisco, CA 94102.
(b) Registration application form. A registration may be issued to any employer subject to the provisions of this article following the filing of a completed registration application form and full compliance with all the requirements thereof. All information and attachments given with the application for registration shall be given under penalty of perjury.
The registration application form shall contain the following:
(1) If a contractor, proof of certification if required pursuant to Section 7058.5 of the Business and Professions Code.
(2) Proof that sufficient health insurance coverage has been obtained to cover the entire cost of medical examinations and monitoring required by law or present proof that a $500 trust account has been provided for each employee engaged in such asbestos related work. In addition the employer must provide proof of coverage for worker's compensation insurance.
(3) Proof that all training and certification requirements for employees engaged in asbestos-related work have been completed in accordance with all requirements of law and section 5208, Title 8, California Code of Regulations.

(4) Proof that the employer has knowledge of the applicable occupational safety and health standards, and will comply with such standards and any other such lawful orders of the Division. In addition, that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment and that the employer is proficient in and has the necessary equipment to safely perform asbestos-related work.
(c) An employer may renew the registration by filing an application for renewal meeting the criteria of subsection (b) hereof, and paying a renewal fee as set forth in section 341.12(b) of this article. The application for renewal must be filed with the Division no later than thirty (30) days prior to the expiration date of the current registration.

Note: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Section 6501.5, Labor Code; Section 7058.5, Business and Professions Code; and Section 15376, Government Code.

s 341.8. Registration Application-Processing Time.
(a) Within 15 business days of receipt of an application for registration pursuant to this subsection, the Division shall inform the applicant in writing that it is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application. An application is considered complete if it is in compliance with the requirements of Section 6501.5, Labor Code and the provisions of this subsection.
(b) Within 30 business days from date of filing of a completed application, the Division shall inform the applicant in writing of its decision regarding the application.

Note: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code; and Section 15376, Government Code. Reference: Section 6501.5, Labor Code; Section 7058.5, Business and Professions Code; and Section 15376, Government Code.

s 341.9. Notification to the Division -Asbestos-Related Work.
(a) When an employer will be conducting separate jobs or phases of work which are the subject of the registration required under this article, or where the work process may differ or is performed at noncontiguous locations, written notice shall be provided to the nearest District Office of the Division prior to commencement of any such work activity, except where the circumstances require immediate abatement action in which case, the employer shall immediately notify the nearest district office by telephone or otherwise orally of the start of work, to be confirmed in writing no later than 24 hours thereafter.
The written notice shall contain the following:
(1) The address of the job.
(2) The precise physical location of the job at the given address.
(3) The projected starting and completion date.
(4) The name of the certified supervisor who has sufficient experience and authority and who will be responsible for the asbestos-related work activity.
(5) The name of the qualified person who will be responsible for conducting air sampling, calibration of air sampling equipment, evaluation of sampling results, and respiratory fit testing as well as the evaluation of those tests.
(6) A description of the type of work to be performed, work practices that will be utilized, and an evaluation of the potential for exposure.

Any change in the information provided the Division by the written notice shall be reported to the Division at or before the time of the change. If notification of any change is made by telephone, or otherwise orally, such notification shall be confirmed immediately in writing but in any event no later than 24 hours after the change.

Note: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Section 6501.5, Labor Code.

s 341.10. Posting and Notification -Asbestos-Related Work.
(a) The employer shall post a sign readable at 20 feet at the location where any asbestos-related work subject to the registration and notification requirements of this article is to take place stating "Danger-Asbestos. Cancer and Lung Hazard. Keep Out."
(b) The employer shall provide a copy of the registration before the commencement of any asbestos-related work to the prime contractor and other employers at the site. A copy of the registration shall be posted at the jobsite beside the Cal/OSHA poster.

Note: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Section 6501.5, Labor Code.

s 341.11. Safety Conference.
The Employer shall conduct a safety conference prior to the commencement of any asbestos-related work subject to the registration and notification requirements of this article. The safety conference shall include representatives of the owner or contracting agency, the contractor, the employer, employees, and employee representatives. The safety conference shall include a discussion of employer's safety program and such means, methods, devices, processes, practices, conditions, or operations as the employer intends to utilize in providing a safe and healthful place of employment. The requirement of this section shall apply to all asbestos-handling jobs regardless of the amount of asbestos to be handled.

Note: Authority cited: Sections 60.5 and 6308, Labor Code. Reference: Sections 6501.5 and 6503.5, Labor Code.

s 341.12. Registration Fees and Renewal Fees.
(a) To cover the costs involved in investigating the registration application, and issuing the registration, an application fee of $350.00 is deemed reasonable and necessary.
(b) To cover the costs involved in investigating the application for renewal of registration, and issuing the renewed registration, a fee of $150.00 is deemed reasonable and necessary.
(c) Such application or renewal fee shall be paid by the employer to the Division of Occupational Safety and Health before the issuance of the registration or renewal.

Note: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6501.5, 6507 and 6508.5, Labor Code.

s 341.13. Denial of Registration.
(a) The Division shall deny the issuance of a registration if in its opinion, based on available facts, including the information provided by employer in the application for registration, the employer has failed to show that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. A relevant factor in the Division's determination will be the employer's compliance history with the Division. In denying the registration to an applicant employer, the Division shall immediately notify the employer, in writing, specifying the reasons for such denial and shall send a copy thereof to the Director.
(b) Any employer denied a registration by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or his authorized designee for the convenience of the attending parties within two working days of the employer's appeal. Employer shall have the burden of establishing that it qualifies for the registration.
The hearing shall be presided by the director or his authorized designee and shall also be open to employees or employees' representative. The employer shall notify the employees or employees' representatives of such hearing a reasonable time prior to the holding of such hearing. Proof of such notification by the employer shall be made at the hearing.
(c) Following the hearing, the Director shall issue a decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearings shall be filed with the Director within 10 days from the date of the Director's decision.

Note: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6308, 6308.5 and 6501.5, Labor Code.

s 341.14. Revocation or Suspension of Registration.
(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any registration issued pursuant to this article.
(b) Notice shall be in writing and served upon the employer at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the employer's address as shown on the registration application form. The notice shall specify the reasons for the action taken by the Division in order that the employer may prepare for the hearing. The Division shall also include within the notice of revocation or suspension specific conditions which must be met before the employer will be entitled to apply for a new registration or continue asbestos-related work under an existing registration.
(c) The hearing shall be held as soon as possible at the Division's headquarter offices or at such other location as may be designated by the Director and shall be presided by the Chief of the Division or his authorized designee and shall also be open to any affected employees or their representatives.
The employer shall notify the employees or employees' representative, a reasonable time prior to such hearing. Proof of such notification by the employer shall be made at the hearing.
(d) At the hearing the Division shall establish good cause for the action taken by it. Good cause is deemed to exist if the Division establishes that the employer has failed to comply with the requirements of the issuance of the registration, and that to permit the continuance of the asbestos-related work activity under the circumstances could cause serious injury or illness to employees.
The employer may appeal such revocation or suspension to the Director in the same manner specified in Section 341.13 of this article. The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until such time as the employer presents proof that the specified written conditions required by the Division are met or until otherwise ordered after resolution of the appeal.

Note: Authority cited: Sections 60.5, 6308, 6501.5 and 6505.5, Labor Code. Reference: Sections 6308, 6308.5, 6501.5 and 6505.5, Labor Code.

s 341.15. Certification of Asbestos Consultants and Site Surveillance Technicians.
(a) Scope and Application.
Any individual performing services as an asbestos consultant or site surveillance technician as referenced and defined in section 1529(b) of Title 8 of the California Code of Regulations must apply for and obtain a certification pursuant to this article.
Note: This does not apply to individuals who perform preliminary site assessments or other such building inspection activities which may identify asbestos-containing construction materials but which are not for the primary purpose of finding asbestos-containing construction materials in buildings and evaluating the materials for the need of asbestos abatement.
(b) Application for Examination and Certification.
(1) Any individual desiring to be certified as set forth in subsection (a) of this section must submit an application for examination and certification as set forth herein. The application and all information and attachments shall be submitted under penalty of perjury, and accompanied by all applicable fees as set forth herein. No application will be accepted for processing by the Division unless accompanied by all required fees as set forth in subsection (c) herein.
Applications may be obtained from any District Office for the Division and shall be filed by mailing the completed application to the following address:
Division of Occupational Safety and Health P.O. Box 420603 San Francisco, CA 94142 Attention: Asbestos Consultant Certification
The application shall include:
(A) Type of certification desired: Asbestos Consultant or Site Surveillance Technician.
(B) Full name of the applicant including the name under which the individual will be conducting business under the certification, and any other names the applicant has used to conduct business as an asbestos consultant within five years previous to the date of the application.
(C) Birthdate and Social Security Number.
(D) Address (Employment and Home).
(E) Telephone Number (Work and Home).
(F) 2 copies of 1 1/2 " x 1 1/2 " current color photograph of applicant (passport type taken within the past 30 days).

(G) Copies of valid certificates from AHERA training providers approved by the Division.
Note: The Division will publish a list of approved AHERA training providers.
(1) Asbestos consultant applicants shall submit copies of AHERA training certificates for management planner, abatement project designer, abatement contractor and supervisor, and all subsequent annual refresher courses. The complete abatement project designer course certificate will be required only for applications submitted after July 1, 1994. Note: The project designer refresher course will be sufficient for applications submitted prior to July 1, 1994.
(2) Site surveillance technician applicants shall submit copies of AHERA training completion certificates for inspector, and abatement contractor and supervisor, and all subsequent annual refresher courses. Certificates for abatement worker and abatement project designer may be submitted in lieu of the abatement contractor and supervisor certificate.
(H) Required fee(s).

(I) Description of qualifications as required pursuant to section 1529(o) of Title 8 of the California Code of Regulations outlining the applicant's educational qualifications, (attach copy of diploma, official transcript, or other proof), and description of qualifying work experience as specified in Business and Professions Code sections 7184 and 7185. Qualifying work experience includes technical work associated with asbestos consulting activities. Written references attesting to the applicant's qualifying work experience which are certified under the penalty of perjury are required.
(c) Examination Requirements for Certification.
(1) All applicants must pass a written examination as set forth herein.
(2) The examination shall be a closed book written examination pertaining to the subjects described in (o)(6)(A) and (o)(7)(A) of section 1529 of Title 8 of the California Code of Regulations. The minimum passing score shall be correctly answering 70% of all the questions in the written examination.
(3) The examination shall be conducted at various locations as determined by the Division and administered at least annually or at other intervals when necessary.
(d) Fees for Certification and Renewal.
(1) Fees for asbestos consultant:
Application and Examination Fee $500 Annual Renewal Fee $325
(2) Fees for site surveillance technician:
Application and Examination Fee $400 Annual Renewal Fee $270
(3) All fees must be paid at the time the application is filed with the Division. Except as set forth in Part (5) of this subsection, all fees are non-refundable.
(4) All required fees shall be made payable to the Asbestos Consultant Certification Fund. (continued)