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(3) Require Program participants to attend each course required by the Program for its full duration so that the applicable requirements for hours of instruction as described by sections 344.10(c)(2)(C) and 344.10(e)(3) are met.
(4) Utilize a reliable testing method to determine whether the course participants have learned the subject matter presented by the course.
(5) Provide a certificate of completion to all successful participants at the completion of the Program.
(6) Ensure that the courses required by the Program provide classroom training related to the inspection, design, maintenance, testing, and operation of permanent amusement rides and applicable provisions of Title 8 of this Code, ensure that the subject matter of the training is current and will be kept current, and ensure that the overall content of courses required by the Program meets the intent of the Permanent Amusement Ride Safety Inspection Program, Labor Code section 7920, et seq., that QSIs receive training allowing them to perform competent and effective inspections of permanent amusement rides for the purpose of ensuring the safety of patrons.
(d) To maintain QSI Training Program approval, a school or training provider shall promptly notify the Division in writing each time the provider makes a substantive change to any of the information required pursuant to subsection (a).
(e) The Division may suspend or revoke the approval of a QSI Training Program upon determining that the Program has substantially failed to comply with approval requirements.
(f) The Division may grant retroactive approval of training provided after January 1, 1999 but before this Article takes effect, if the provider demonstrates that the training met the QSI Training Program approval criteria of this section.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.12. Suspension and Revocation Procedures.
All suspension and revocation proceedings conducted by the Division shall be initiated by the provision of written notice of the Division's intent to conduct a hearing to determine whether a certification or approval will be suspended or revoked.
(a) The written notice shall be served at least 48 hours in advance of the scheduled hearing date.
(b) Service shall be by personal service or certified mail to the address shown on the application for certification or approval, or to any other address known to the Division and reasonably believed to be the current address of the certificate holder or course provider.
(c) The written notice shall specify the time, date, and location of the hearing, and the reasons for the action proposed by the Division.
(d) At the hearing the Division shall have the burden of establishing good cause for the action taken by it. Good cause shall be deemed to exist if the Division establishes that the holder of a certification has substantially failed to comply with the requirements for certification pursuant to section 344.10(g), or that the holder of an approval has substantially failed to comply with the requirements of approval pursuant to section 344.11(e).
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.13. Appeals to the Director.
(a) The following may be appealed to the Director:
(1) Suspensions and revocations by the Division.
(2) Denials of applications for QSI certification or QSI Training Program approval.
(3) Any final decision after hearing by the Division to uphold an Order Prohibiting Operation.
(b) All appeals to the Director shall be in writing and shall be served within 5 business days of receipt of the notification of the Division's decision resulting in a denial, suspension, or revocation.
(c) The Director or authorized representative shall schedule a hearing to be held within 5 business days of receipt of an appeal. At the hearing, the appellant shall have the burden of establishing that the Division's decision is in error.
(d) Within 3 business days of completing 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.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.14. Insurance Requirements.
A person or entity may operate a permanent amusement ride only if, at the time of operation, he, she, or it:
(a) Has obtained a valid insurance policy in an amount not less than one million dollars ($1,000,000) per occurrence, and;
(1) Has submitted to the Division a copy of the policy;
(2) Has clearly identified in the policy the permanent amusement rides included and excluded; and
(3) Does not operate permanent amusement rides for which coverage is not provided; or
(b) Has obtained a bond in an amount not less than one million dollars ($1,000,000), except that the aggregate liability of the surety under that bond shall not exceed the face amount of the bond. A copy of the bond shall be submitted to the Division; or
(c) Qualifies as self-insured. Qualification as self-insured shall be demonstrated by providing a letter to the Division attesting that the owner has total assets of at least ten million dollars ($10,000,000), and that the owner's total assets exceed the owner's total liabilities by either a minimum of two million dollars or a ratio of at least ten to one. All statements in the attestation letter to the Division shall be made under penalty of perjury.
Exception: State and local governmental entities shall be deemed to qualify as self-insured.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.15. Accident Response and Notification.
(a) Reporting of Accidents.
Each operator of a permanent amusement ride shall report or cause to be reported to the Division's Anaheim or Sacramento Amusement Ride Section Office immediately by telephone each known accident where maintenance, operation, or use of the permanent amusement ride results in a death or serious injury to any person unless the injury does not require medical service other than ordinary first aid.
(b) Preservation of Accident Scene.
(1) If a death or serious injury results from the failure, malfunction, or operation of a permanent amusement ride, the equipment or conditions that caused the accident shall be preserved for the purpose of an investigation by the division.
(2) Upon receiving a report of an accident from an owner or operator, the Division shall make a determination as to whether preservation is necessary and inform the owner or operator of its determination.
(A) If the Division determines that preservation is necessary, the Division shall make a reasonable effort to initiate the inspection within 24 hours of receipt of the report from the owner or operator.
(B) Upon initiating the inspection, the Division shall provide the owner or operator with an instruction as to how long the equipment or conditions shall continue to be preserved.
(c) Notification of the Division by Emergency Responders.
Whenever a state, county, or local fire or police agency is called to an accident involving a permanent amusement ride covered by this Article where the death of a patron or a patron injury requiring medical service other than first aid has occurred, the Anaheim or Sacramento Amusement Ride Section Office of the Division shall be notified by telephone immediately by the responding agency.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.16. Fee Schedule.
(a) The application fee for a QSI Certificate shall be five hundred dollars ($500.00).
(b) The fee for the biennial renewal of a QSI Certificate shall be one hundred and twenty five dollars ($125.00).
(c) The fee for review of Certificates of Compliance and provision of related notifications shall be two hundred and fifty dollars ($250.00).
(d) A fee of one hundred and twenty-five dollars ($125.00) per hour, or fraction thereof, shall be charged for all work performed in connection with audits, inspections and investigations conducted pursuant to section 344.8.
Note: Authority cited: Sections 60.5, 7923, 7928 and 7929, Labor Code. Reference: Sections 7920-7932, Labor Code.
s 344.17. Confidentiality.
The Division shall maintain the confidentiality of all documentation received pursuant to this Article to the extent that such documentation is protected by Labor Code Section 6322 or any other applicable provision of law.
Note: Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 6322 and 7920-7928, Labor Code.
s 344.18. Amusement Ride Fee Schedule.
(a) Inspection Fees.
(1) A fee of $125.00 per hour or fraction thereof shall be charged for all inspections, reinspections, and accident investigations pertaining to amusement rides. A minimum fee of $125.00 will be charged per amusement ride.
(2) Fees shall be charged for actual inspection time. Actual inspection time begins from the time the Division engineer arrives, generally by appointment, in the area and continues until the engineer has completed the Division's report and is ready to leave the area.
(b) The Division will charge no fee for an inspection performed by a certified insurance inspector except a charge of $10.00 to cover the cost of processing the permit to operate.
Note: Authority cited: Sections 60.5, 6308 and 7904, Labor Code. Reference: Section 7904, Labor Code.
s 344.20. Blaster's License -Application and Examination.
(a) Every person requesting a Blaster's License shall submit a completed application form to the Division.
(b) The Division shall evaluate every applicant for a Blaster's License. This evaluation will be conducted of the person's training and experience as shown on the application.
(c) In order to obtain a Blaster's License, the applicant shall pass a written or an oral qualifying examination given at such times and places as determined by the Division. The examination shall include questions related to the license classification requested. Field tests may also be required as deemed necessary to determine the candidate's qualifications to perform the duties of a blaster.
(d) License classification.
Class Category Description
A Unlimited All types of blasting.
B General Above All phases of blasting operations in quarries, open pit
Ground mines, and above ground construction.
C General All phases of blasting operations in underground mines,
Underground shafts, tunnels, and drifts.
D Demolition All phases of demolition.
E Limited Specific blasting operations indicated on the License.
(e) The Blaster's License may be endorsed by any limitation or classification the Division may determine.
(f) The Blaster's License is not transferable.
Note: Authority cited: Sections 6308, 7314, 7350, 7720-7724, 7728, 7904 and 7991, Labor Code. Reference: Sections 7314, 7350, 7720-7724, 7728, 7904 and 7991, Labor Code.
s 344.21. Expiration and Renewal.
(a) Each Blaster's License issued under this Article shall be valid for a period of five years with renewal privileges.
(b) Application for, and granting of a renewal, shall be administered in the same manner as an original Blaster's License. The Blaster's License examination will be required each five years.
s 344.22. Suspension or Revocation -Blaster's License.
(a) The Division may suspend or revoke a blaster's license when in the opinion of the Division;
(1) There is a question or doubt as to the competency of the blaster, or
(2) The blaster has not complied with requirements, safety orders, or rules of the Division.
(b) The blaster shall be given notice and a hearing before suspending or revoking a blaster's license.
(c) In the event of suspension or revocation of a blaster's license, the person may not apply for a new license for a period of 6 months and the application shall be handled in the same manner as an original blaster's license.
Note: Authority cited: Sections 60.5, 6308 and 7991, Labor Code. Reference: Sections 6308 and 7995, Labor Code.
s 344.30. Conveyance Inspection Program Fees.
Pursuant to the provisions of Section 7314 of the Labor Code, the Division has fixed a schedule of inspection fees as follows:
(a) Reinspection (periodic inspection) and witnessing of periodic tests of an existing installation shall be:
(1) Hand dumbwaiters.................................. $ 70.00 per unit
(2) Power dumbwaiters and material lifts.............. $ 105.00 per unit
(3) Hand elevators.................................... $ 70.00 per unit
(4) Material lifts with automatic transfer devices.... $ 140.00 per unit
(5) Power sidewalk elevators.......................... $ 140.00 per unit
(6) Hand-powered man platforms........................ $ 140.00 per unit
(7) Escalators and moving walks....................... $ 280.00 per unit
(8) Manlifts.......................................... $ 140.00 per unit
(9) Hydraulic elevator -direct plunger and roped
hydraulic up to three stories........................ $ 105.00 per unit
(10) Hydraulic elevator -direct plunger and roped
hydraulic 4 stories or more.......................... $ 140.00 per unit
(11) Cabled elevator -up to 3 stories................. $ 140.00 per unit
(12) Cabled elevator -4 to 10 stories................. $ 210.00 per unit
(13) Cabled elevator -11 to 20 stories................ $ 280.00 per unit
(14) Cabled elevator -21 or more stories.............. $ 350.00 per unit
(15) Special access elevators......................... $ 140.00 per unit
(16) Screw type elevator.............................. $ 140.00 per unit
(17) Wheel chair lift, vertical or incline............ $ 105.00 per unit
(18) Stairway chair lift.............................. $ 70.00 per unit
(19) Elevator installed by variance................... $ 140.00 per hour
(20) Elevators or dumbwaiters with automatic transfer
devices.............................................. $ 140.00 per unit
(21) Incline elevators................................ $ 210.00 per unit
(22) Construction personnel hoist..................... $ 140.00 per hour
(23) Special purpose personnel elevator............... $ 140.00 per unit
(24) Rack & Pinion elevator........................... $ 140.00 per unit
(25) Vertical and inclined reciprocating conveyors.... $ 140.00 per unit
(26) Witnessing of periodic tests..................... $ 140.00 per hour
(27) Automatic guided vehicles on guideways........... $1120.00 per unit
(b) The fee for the inspection of a new installation of any type of conveyance will be $210.00 per hour or any fraction thereof.
(c) The fee for the inspection of any alteration to a conveyance will be $210.00 per hour or any fraction thereof.
(d) The fee for replacement inspections required under Section 3001(b)(3) will be $140.00 per hour, or any fraction thereof.
(e) The fee for field consultations will be $280.00 per hour or any fraction thereof. If the distance to the job site is more than 50 miles from the District Elevator Unit Office, the actual travel time will be added to the inspection time on order to obtain the total charge.
(f) No charge shall be made in any one permit year for more than one inspection except where safety orders have not been complied with and subsequent inspections are necessary or where an alteration has been made to a conveyance. A fee of $140.00 per hour or any fraction thereof shall be charged to determine if applicable safety orders have been complied with.
(g) A fee will be charged for processing and mailing a permit. The fee shall reflect the actual cost of processing and mailing up to a maximum of $15.00.
(h) The fees to cover the cost of various certifications are as follows:
(1) Certified Qualified Conveyance Company (CQCC)...... $ 700.00
(2) Certified Qualified Conveyance Inspection Company
(CQCIC)............................................... $ 700.00
(3) Certified Competent Conveyance Mechanic
(CCCM)................................................ $ 210.00
(4) Temporary Certified Competent Conveyance Mechanic
(TCCCM)............................................... $ 35.00/
application
(5) Emergency Certified Competent Elevator Mechanic
(ECCEM)............................................... $ 35.00/
application
(6) Certified Qualified Conveyance Inspector (CQCI).... $ 210.00
(7) Renewal of a CQCC, CCCM, CQCIC or a CQCI
certification......................................... $ 140.00
(8) Replacement of a CQCC, CCCM, CQCIC or a CQCI
certification......................................... $ 35.00
(9) Administration of Exam............................. $ 100/
exam
(i) The fee for an erection, construction, or installation permit, including the plan approval, is as follows:
(1) First hydraulic elevator, including direct plunger
elevator
and roped hydraulic elevator in a building.................. $ 140.00 per
story
(2) Additional similar conveyances in the same
building.................................................... $ 140.00 per
unit
(3) First cable-, screw- and rack and pinion
type-elevators in a building................................ $ 210.00 per
story
(4) Additional similar conveyances in the same
building.................................................... $ 210.00 per
unit
(5) Dumbwaiters, material lifts, vertical reciprocating
conveyors and sidewalk elevators............................ $ 350.00 per
unit
(6) Wheelchair lifts, stairway lifts, hand-powered
elevators and dumbwaiters................................... $ 280.00 per
unit
(7) First Escalator or moving walk in a building............. $ 560.00 per
unit
(8) Additional similar conveyances in the same
building.................................................... $ 140.00 per
unit
(9) Automatic guided vehicles on guideways................... $1120.00 per
unit
(10) All other conveyances................................... $ 140.00 per
hour
(j) The fee for an alteration permit, including plan review, is as follows:
(1) Permit for one or two alterations to a single unit............. $280.00
(2) Permit for same alterations to similar conveyances
in the same building.............................................. $140.00
per unit
(3) Permit for three or more alterations to a single conveyance.... $560.00
(4) Permit for same alterations to similar conveyances
in the same building.............................................. $140.00
per unit
(k) The fee for any change order review of plans shall be $140.00 per hour with a minimum charge of $280.00.
(l) Whenever a person owning or having the custody, management or operation of an elevator fails to pay the fees required under this section within 60 days after notification, he or she shall pay in addition to the fees required by this section, a penalty fee equal to 100 percent of the fee.
Note: Authority cited: Sections 60.5, 6308, 7311.4 and 7314, Labor Code. Reference: Sections 60.5, 6308, 7311.4 and 7314, Labor Code.
s 344.40. Definitions.
(a) Complaint. As used in this article, the term complaint shall refer to any written allegation of unsafe or unhealthful working conditions at the place of employment of a state prisoner working in a correctional industry. The Cal/OSHA form 7 may be used as a complaint form, but shall not be required.
(b) Committee. As used in this article, the term committee shall refer to the correctional industry safety committee established in accordance with Department of Corrections administrative procedures at each Department of Corrections facility maintaining a correctional industry.
(c) Committee Notice. A committee notice is a written notice suggesting the institution take specific corrective measures and setting forth an appropriate abatement date. The notice shall be served upon the Department of Corrections employee having supervisory responsibility over the unsafe or unhealthful condition. Copies of the notice shall be served upon the warden or superintendent of the institution and upon the complainant. Further, a copy of the notice shall be posted by the committee at a location where employees exposed to the unsafe or unhealthful condition will be likely to see it. Such posting shall be for a period of 15 days or until the unsafe condition is corrected, whichever is longer.
(d) Filing a complaint. A complaint is deemed filed for purposes of this article upon either being deposited in a readily accessible complaint box or being personally presented to any member of the committee.
Note: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.3, 6313 and 6413.2, Labor Code.
s 344.41. Complaint Procedure.
(a) Any state prisoner working in a correctional industry may file with the committee, a complaint alleging unsafe or unhealthful working conditions at her/his place of employment.
(b) The committee shall provide correctional industry employees with an expedient means of transmitting complaints to the committee. All correctional industry employees shall be informed by posted notice of the manner available to them for filing a complaint.
Note: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.3, 6313 and 6413.2, Labor Code.
s 344.42. Operation of the Committee.
(a) The committee shall meet as often as necessary but at least every 60 days to discuss health and safety issues relating to employees of correctional industries and to hear and act upon health and safety complaints filed by correctional industry employees.
(b) The committee shall review and take appropriate action on every complaint within 15 calendar days of its filing.
(c) The committee shall take one of the following actions on each complaint:
(1) Issue a notice recommending specific corrective measures in the manner set forth in Section 344.40 above. In addition, the committee shall inform the complainant in writing of his/her right to have the committee forward the original complaint and the notice for correction to the Division of Occupational Safety and Health for review if the complainant believes that the notice is insufficient to make the conditions safe or healthful or if the Department of Corrections refuses or fails to comply with the notice.
(2) Refer the complaint to the appropriate district office of the Division of Occupational Safety and Health for review. Such referral shall be made whenever the committee is unable, for any reason, to resolve the issues raised by the complaint within 15 days from the date of filing. Such referral shall be in writing and shall be made by the 15th calendar day from the day of filing. The complainant, if known to the committee, shall immediately be informed in writing of the referral.
(3) Dismiss the complaint for lack of merit. Unless the complainant is anonymous the committee shall set forth its reasons for dismissal in writing to the complainant. Said writing shall also inform the complainant of his/her right to require the committee to have the initial complaint and the committee finding reviewed by the Division in the event that the complainant finds the conclusions of the committee to be unsatisfactory for any reason.
Note: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.
s 344.43. Duties of the Department of Corrections and the Committee.
(a) Neither the Department of Corrections nor the correctional industry safety committee shall in any way abridge the right of correctional industry employees to file complaints pursuant to this article or to require referral of the complaints to the Division of Occupational Safety and Health.
Note: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.
s 344.44. Division Participation.
(a) Upon receipt of a complaint from the committee, which it determines to constitute a bona fide allegation of a safety or health violation, the Division shall investigate within 3 working days after receipt if the complaint alleges a serious violation, and not later than 14 calendar days after receipt if the complaint alleges a general violation. The Division may give advance notice of an inspection or investigation and may postpone the same if such action is necessary for the maintenance of security at the facility where the inspection or investigation is to be held, or for ensuring the safety and health of the Division's representative who will be conducting the inspection or investigation.
(b) In addition to the investigations required under subsection (a) above, the Division shall investigate every fatality and every employment accident involving serious injury to five or more correctional industry employees. The Division may in its discretion investigate any other accident or report of a safety or health violation involving correctional industry employees which are reported to it.
Note: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.
Note: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.
s 344.45. Other Duties of the Correctional Industry Safety Committee.
(a) The committee shall retain each complaint or a copy thereof and a record of all action taken pursuant to that complaint for a period of 3 years from the date that all issues with respect to the complaint have been resolved. Such records shall be made available to the Division.
Note: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.
s 344.46. Other Division Jurisdiction over Unsafe Conditions Pertaining to State Prisoners.
(a) When the Division receives information, pursuant to Labor Code Section 6314, about injury or death of a state prisoner resulting from labor performed by the prisoner, the Division may make recommendations to the Department of Corrections, with or without conducting an inspection, of ways in which corrections might improve the safety of the working conditions and work areas of state prisoners and other safety matters.
(b) If the Department of Corrections fails to comply with the recommendations described in subsection (a) above, or in any other case in which the Division deems the safety of any state prisoner shall require it, the Division may conduct hearings and after such hearings may adopt such special orders, rules, or regulations, or otherwise proceed as authorized in Chapter 1 (commencing with Section 6300 of Division 5 Part 1 of the Labor Code) as it deems necessary. The Department of Corrections shall comply with any such order, rule, or regulations so adopted by the Division.
Note: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.3, 6313 and 6413.2, Labor Code.
s 344.50. Civil Inspections and Investigations.
Compliance personnel of the Division are responsible for conducting inspections and investigations under the California Occupational Safety and Health Act for the purpose of invoking civil enforcement remedies only. If hazardous or violative conditions are found, the civil enforcement remedies which can be utilized include, but are not limited to, the issuance of citations and civil penalties, special orders, orders to take special action, the initiation of injunction proceedings, issuance of orders prohibiting use, and the revocation or suspension of permits. Division compliance personnel have no authority to initiate criminal proceedings.
Note: Authority cited: Sections 6308, 6314 and 6315, Labor Code. Reference: Sections 6314 and 6315, Labor Code.
s 344.51. Criminal Investigations.
The central function of the Bureau of Investigations, within the Division of Occupational Safety and Health, is to conduct criminal investigations. The Bureau must investigate accidents involving violations of a standard, order, or special order, or section 25910 of the Health and Safety Code in which there is a serious injury to five or more employees, death, or request for prosecution by a Division representative. The Bureau of Investigations is the only entity within the Division which is empowered to conduct criminal investigations and to refer the results of such investigations when appropriate to a city attorney or district attorney for necessary action. The Bureau must analyze the circumstances surrounding the violation to determine whether the conduct is sufficiently aggravated to fall within the scope of Labor Code sections 6423, 6425 and other penal statutes.
Note: Authority cited: Sections 6308, 6314 and 6315, Labor Code. Reference: Sections 6315 and 6314, Labor Code.
s 344.52. Referral of Cases Other Than Accident Cases by Compliance Personnel to the Bureau of Investigations.
If Division compliance personnel become aware that there are conditions which may constitute criminal violations, the case must be referred trough the Regional Manager/Supervising Industrial Hygienist, with a copy to the appropriate Deputy, to the respective Northern or Southern Office of the Bureau of Investigations. In cases referred for investigation the Supervising Special Investigator will assign the case to a Special investigator for investigation. The investigator will review the facts of the case, interview witnesses, and otherwise, conduct a thorough investigation. The assigned investigator shall prepare a report to the Supervising Special Investigator which shall include a summary of evidence, findings, and recommendations for appropriate action.
Note: Authority cited: Sections 6308, 6314, 6315, Labor Code. Reference: Sections 6315, 6314, Labor Code.
s 344.53. Nonreferral of Other Than Willful or Repeated Violations in the Context of Scheduled Inspections by Compliance Personnel to the Bureau of Investigations.
Whenever the Division conducts a scheduled inspection according to a general administrative plan in contrast to an accident, complaint, or follow-up investigation, Division compliance personnel shall invoke only the civil enforcement remedies as set forth in Section 344.50 unless the violation is characterized as willful or repeated. This section shall not limit he Division's prerogative to enforce Labor Code Section 6326.
Note: Authority cited: Sections 6308, 6314, 6315, Labor Code. Reference: Sections 6315, 6314, Labor Code.
s 344.60. Licensing of Certifiers of Cranes and Derricks -Requirements.
(a) Any person engaging in the testing, examination and/or certification of cranes, including but not limited to tower cranes, or derricks, used in lifting service exceeding three tons rated capacity, as defined in section 4885 of title 8 of the California Code of Regulations, as required pursuant to Labor Code section 7375 and sections 5020 through 5025 of title 8 of the California Code of Regulations shall apply for and obtain a license from the Division pursuant to this article or be approved by the Division to work as a surveyor under a license issued pursuant to this article prior to engaging in such activities.
(1) For the purposes of this article a "licensed certifier" refers to any individual or agency holding a license pursuant to this article.
(2) For the purposes of this article "approval", "approved surveyor" or "surveyor" refers to an individual who has been approved to certify cranes only under the authority and supervision of a licensed certifier.
(b) Any person authorized by the Division to certify cranes and/or derricks prior to the effective date of this article may continue to perform services under such authority. Any such authority shall expire, however, in the year 1992. For purposes of the month of expiration in the year 1992, the Division will use the first day of the month in which the authorization was regularly scheduled to expire regardless of year. Any certificating agency or person desiring to continue to provide services pursuant to this article must have applied for and obtained a license from the Division prior to expiration of the existing authorization.
(c) All persons or agencies licensed or approved pursuant to this Article shall comply with the provisions of Labor Code section 7375(c).
Note: Authority cited: Sections 60.5, 6308 and 7375, Labor Code. Reference: Sections 7375, 7378 and 7379 Labor Code.
s 344.61. License and Approval -Application Form and Applicant Qualifications.
(a) A license to certify cranes pursuant to this article may be obtained by submitting a completed application to the Division and successfully completing a written examination as set forth herein. Application forms may be obtained by calling the Headquarters offices of the Division or by written request to Post Office Box 603, San Francisco, California 94101.
(1) An applicant seeking a license must satisfy one of the following criteria:
(A) Be an agency or person satisfying the definition of "certificating agency" as set forth in section 4885 of title 8 of the California Code of Regulations, or,
(B) Be an agency or person qualified to certify cranes pursuant to section 5021(a)(1) of title 8 of the California Code of Regulations who is not a certificating agency as defined but who will be operating under the direct technical supervision of a certificating agency as defined.
(2) All applicants must possess knowledge of sections 4884, et. seq. of Title 8 of the California Code of Regulations, as well as ANSI (American National Standards Institute) and SAE (Society of Automotive Engineers) standards, relating to the design and operation of cranes and derricks, including those specifically applicable to the types of cranes for which a license will be issued. In addition, all applicants must demonstrate at least five years related experience with cranes or derricks. This five years of experience must include not less than two years of crane related field duties such as crane inspection as a crane operator, heavy equipment mechanic, shop foreman, operations supervision, rigging specialist, or mechanical or civil engineer. Related education may be substituted for experience at a ratio of two years of education for one year of experience up to three years.
(A) Individuals who have been approved by the Division pursuant to section 5021(a) of Title 8 of the California Code of Regulations and engaging in the certification of cranes prior to the effective date of this Article may use such periods of time to satisfy the experience requirements of this Part.
(b) Any applicant for a license desiring to employ persons as surveyors to conduct inspections and examinations under the authority and supervision of the license must request that such individuals be approved by the Division in the application for license. Any surveyor desiring to work under the authority and supervision of a licensed certifier must meet the requirements of this subsection and successfully complete a written examination as set forth herein.
(1) To be approved the surveyor must possess knowledge and experience with the specific equipment subject to the license and demonstrate at least five years of related experience as set forth in subsection (a)(2) above. Such surveyors will be approved by the Division to perform certification services only under the authority and supervision of the person issued a license pursuant to this article. Approval of a surveyor pursuant to this subsection does not constitute authorization to engage in certification activities outside the authority of the license.
Note: A person may be considered approved as a surveyor by the Division if the person has been previously approved by the Division as a surveyor under another license issued pursuant to this article and the surveyor will be engaging in the certification of the same type(s) of equipment authorized under the previous license.
(c) In the case of a business entity, such as a corporation, or a business association, a license will be issued only where a designated responsible managing agent of the entity or association has been licensed pursuant to this article. In such cases the license will be valid only so long as the responsible managing agent remains with the entity or association. If the qualifying managing agent should leave the entity or association a new managing agent must meet the requirements of this article and be licensed pursuant thereto.
(d) Application Form. Any application for license and approval will be accepted by the Division upon the filing of a completed application, payment of the application fee and full compliance with all other requirements thereof. All information and attachments shall be given under penalty of perjury. In the case of an entity or agency, all submissions shall be made by a person expressly authorized in writing to act on behalf of the applicant. The application shall include, but not be limited to, the following:
(1) A statement of the types of cranes and/or derricks, including their capacities, the applicant desires to certify pursuant to the license.
(2) A statement of qualifications and experience satisfying at a minimum the criteria set forth in this section as well as any and all other qualifications the applicant wishes the Division to consider.
(3) A list of surveyors, if any, to be approved under the license, including their respective qualifications, whether any have been previously approved by the Division, and the license under which the prior approval was issued.
(4) Any other relevant information the applicant desires to be considered by the Division.
(e) Written examination.
Any qualified applicant and surveyor to be approved under a license must successfully complete a written examination administered by the Division or its authorized representative, as set forth in this section. The Division will evaluate the applicant's qualifications based on the application and the applicant's training, knowledge and experience before allowing participation in the written examination.
Note: An applicant will be considered "qualified" if the qualification and experience requirements of this article are satisfied.
The written examination will address the following, among other things:
(1) Applicable provisions of title 8 of the California Code of Regulations, including operation, testing, inspection and maintenance requirements, and the duties and recordkeeping responsibilities as set forth in this article.
(2) Safe operating and engineering principles and practices with respect to the specific types cranes or derricks subject to the license, including inspection and proof loading requirements.
Note: Authority cited. Sections 60.5, 6308 and 7375, Labor Code. Reference: Section 7375, Labor Code.
s 344.62. Issuance of License and Approvals.
(a) If the applicant and the surveyor(s) the applicant is seeking to be approved under the license satisfy the requirements of this article, the Division shall issue a license and approval(s).
(b) The Division may impose restrictions on the scope and use of the license or approval(s), such as limiting it to specific types of cranes or derricks based upon the qualifications of the applicant, the desired license, and the qualifications of any surveyor approved under the license.
Note: Authority cited: Sections 60.5, 6308 and 7375, Labor Code. Reference: Section 7375, Labor Code.
s 344.63. License Application -Processing Time.
(a) Within 30 business days of receipt of a completed application for license 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 this article.
(b) Within 30 business days of the date of the filing of a Completed application the Division shall inform the applicant if the minimum requirements of this article are satisfied and of the applicants eligibility to take the written examination.
(c) Within 60 business days from the date of completion of the written examination the Division shall inform the applicant in writing of its decision regarding the issuance of the license or approval(s).
Note: Authority cited: Sections 60.5, 6308 and 7375, Labor Code; and Section 15376, Government Code. Reference: Section 7375, Labor Code.
s 344.64. Duration and Renewal of License.
(a) The license shall be valid for three years.
(b) Application for renewal shall be filed with the Division not less than 60 days prior to expiration. A renewal may be obtained by filing a completed application for renewal meeting the requirements of section 344.61 hereof.
(c) All applicants for renewal and approved surveyors shall successfully complete a written examination every six years.
Note: Authority cited: Sections 60.5. 6308 and 7375, Labor Code. Reference: Section 7375, Labor Code.
s 344.65. License Application, Renewal and Examination Fees.
(a) To cover the costs associated with investigating and evaluating the application for a license and administering the required written examination, a fee of $250.00 for the application, plus $190.00 for the written examination shall be paid.
(b) Where the applicant is seeking the approval of surveyors to work under the authority and supervision of the license either in the application for license or subsequent to the issuance of the license, a fee of $190.00 for each surveyor to be approved shall be paid to cover the costs associated with investigating the request for approval and administering the written examination.
(c) To cover the costs associated with investigating and evaluating an application for renewal of a license a fee of $75.00 shall be paid.
(d) To cover the costs associated with investigating and evaluating a request to transfer a person approved under an existing license to another license a fee of $50.00 shall be paid.
Note: Authority cited: Sections 60.5, 6308, 7375, and 7380, Labor Code. Reference: Sections 7375 and 7380, Labor Code.
s 344.66. Denial of License.
(a) The Division shall deny issuance of a license if the applicant does not satisfy the requirements of this article. In denying a license, the Division shall notify the applicant, in writing, as set forth in this article, specifying the reasons for such denial and shall send a copy thereof to the Director.
(b) Any applicant denied a license 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 representative within five working days of the appeal. The applicant has the burden of establishing qualification for a license. The hearing shall be presided over by the Director or authorized representative.
(c) The Director shall issue a decision within 10 days of the hearing. 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 denial.
Note: Authority cited: Sections 60.5, 6308, and 7375, Labor Code. Reference: Section 7375, Labor Code.
s 344.67. Revocation or Suspension of License.
(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 license issued pursuant to this article.
(b) Notice shall be in writing and served at least two days in advance of the hearing. Service shall be by personal service or certified mail to the address as shown on the application form. The notice shall specify the reasons for the action taken by the Division in order that the applicant 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 applicant will be entitled to apply for a new certification.
(c) The hearing shall be held at the Division's Headquarters offices or at such other location as may be designated by the Director and shall be presided over by the Chief of the Division or authorized representative.
(d) During the hearing, the Division shall establish good cause for the action taken. Good cause is deemed to exist if the Division establishes any of the criteria set forth in Labor Code section 7376(a) or that the licensed certifier has committed any of the following acts:
(1) Failure to meet or comply with the requirements of this article or the limitations imposed on the license;
(2) Performance of work not in compliance with applicable laws and regulations.
(e) The period of suspension or revocation for the commission of any act referenced in Labor Code section 7376(a) shall be six months for the first such suspension and one year for each subsequent suspension or revocation.
(1) The commission of any other act referenced in subsection (d) may result in suspension or revocation of up to one year.
(f) Following the period of suspension or revocation, an application for license may be filed with the Division.
(g) The certificating agency or person may appeal such suspension or revocation to the Director. The Director shall hold a hearing at such place designated by the Director or authorized representative within five work-ing days of the appeal. The certificating agency shall have the burden of establishing qualification for licensure.(h) 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.(i) The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until such time as the applicant 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, 7375, and 7376, Labor Code. Reference: Sections 7375 and 7376, Labor Code.
s 344.70. Tower Cranes -Operating Permit -Scope and Requirements.
(a) The permit requirements of this article apply to two types of tower cranes referred to in these orders as:
(1) "Fixed Tower Crane", which includes free standing and climber type tower cranes where the vertical mast or tower is attached to a fixed anchorage, foundation or undercarriage attached to rails, as defined in Labor Code section 7371(a) and (b) and section 4885 of title 8 of the California Code of Regulations, and,
(2) "Mobile Tower Crane", which includes mobile and self erecting type tower cranes, as defined in Labor Code section 7371(a) and (c) and section 4885 of title 8 of the California Code of Regulations.
(b) Any employer operating a fixed or mobile tower crane as described in this section shall obtain a permit from the District Office of the Division pursuant to this article prior to operating the tower crane.
Note: The requirements of this article are in addition to the permit requirements of section 341 et seq. of title 8 of the California Code of Regulations applicable to the erection of the vertical mast or tower for a fixed tower crane.
(c) For the purposes of this article an operating permit is required when the fixed or mobile tower crane is ready for operation, which means the crane has been erected (in the case of a fixed tower crane) and certified for operation by a Division-licensed crane certifier.
Note: Authority cited: Sections 60.5, 6308, 7371, 7373 and 7375, Labor Code. Reference: Sections 7371, 7373 and 7375, Labor Code.
s 344.71. Application for and Issuance of Operating Permit.
(a) Fixed and Mobile Tower Cranes -Application for Permit -Location.
(1) In the case of a fixed tower crane the application must be filed at he District Office nearest the location where the tower crane will be operated.
(2) In the case of a mobile tower crane the application may be filed at the District Office nearest the location where the mobile tower crane will be operated or nearest the principal business offices of the applicant.
(b) If the responsibility for operation of the fixed or mobile tower crane changes during the effective period of an existing permit the new employer shall apply for and obtain a separate permit from the Division as set forth in this article prior to continuing operation of the crane.
(c) Blank application forms and fee schedules may be obtained from any district Office of the Division.
(d) A permit may be issued by the Division following the filing of a completed application form and full compliance with all the requirements thereof. Application fees must be paid to the Division upon filing of the application. All inspection fees must be paid by the applicant before the permit will be issued by the Division, unless a temporary permit has been issued pursuant to section 344.72(d) of this article.
(1) In the case of a fixedtower crane the operating permit shall be valid only for the period it is located and operated at the specific site referenced in the permit. (continued)