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

(continued)

(A) If a fixed tower crane is relocated to a new position on the same project a new operating permit is required.
(2) In the case of a mobile tower crane the permit shall be valid for one year.
(e) The information and attachments submitted with the application for an operating permit shall comply with this section and be given under penalty of perjury by a person duly authorized in writing to act on the behalf of the applicant with respect to the matters referenced in the application. The application shall contain the following:
(1) Employer/Applicant name, address, phone number, project safety contact person, employer's representative at the site including title and phone number and employer/applicant Contractor's Licence No.
(2) Designation of type of contractor and description of crane being operated.
(3) Location and phone number of crane jobsite including nearest cross street, city and county.
(4) Number of employees and anticipated starting date.

(5) Designation of existence of high voltage lines.
(6) Certification that the applicant possesses knowledge of the applicable occupational safety and health standards and manufacturer's operating instructions for the subject crane, as well as a statement of the applicants related training, education and/or experience within the last five years.
(7) Certification that the applicant will comply with all applicable standards and other lawful orders of the Division, and, that the conditions, practices, means, methods, operations or processes used or proposed to be used will be safe, and healthful and that the permit to operate will be posted at the site of operation.
(A) In addition, in the case of a fixed tower crane, the employer shall provide a written job plan which describes the intended operation of the subject crane including the specific uses of the crane and the nature and weight of anticipated loads.
(8) In the case of a fixed tower crane, certification that a Division-licensed certifier or surveyor, or safety representative for the distributor or manufacturer, will be present during erection, climbing and dismantling operations to ensure that such processes and operations are performed in accordance with manufacturer recommendations and applicable standards or orders.
(9) A statement of all previous business identities of the applicant within 10 years prior to the date of application.
(A) "Business identities" include, but shall not be limited to, fictitious business names, corporate names, and/or joint venture partnerships and any other business affiliations in the construction industry involving the use of cranes.
(10) A certification issued by a Division-licensed certifier for subject crane.
(f) The applicant issued a permit pursuant to this article shall have the fixed or mobile tower crane subject to the permit inspected by the Division twice a year. One of these required inspections must be completed prior to the issuance of a permit pursuant to this article.
Note: The initial permit inspection shall be considered as one of the two mandatory yearly inspections.
(g) The holder of a permit issued pursuant to this article shall notify the Division of the following:
(1) In the case of a fixed tower crane the date and time:
(A) The crane will commence operation;
(B) The climbing of the crane; and,
(C) The dismantling of the crane.
(2) In the case of a mobile tower crane the date, time and location of for each new site of operation. This notification is required only in instances where the mobile tower crane will be located at any given site in excess of one day. Where the crane will be operated at any site, or multiple sites, for less then one da notification is not required.
Note: The notification must be provided to the Division at least 24 hours prior to the activity which is the subject of the notification, and may be made 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.

Note: Authority cited: Sections 60.5, 6308, 7372, 7373 and 7375, Labor Code. Reference: Sections 7371, 7372, 7373, 7382 and 7383 Labor Code.

s 344.72. Tower Crane Operating Permit Application -Issuance and Processing Time.
(a) Within 5 business days of receipt of an application the Division shall inform the applicant in writing of whether it is accepted for filing and if not what deficiencies exist with reference to the application.
(b) The Division shall issue a permit within 10 days of the receipt of a completed application.
(c) The Division may issue a temporary permit pending the payment of any inspection fees where such fees are not paid in advance. All inspection fees must be paid within 30 business days of the date of the invoice indicating such fees are due. If the inspection fees are not paid within thirty business days as set forth herein, the temporary permit shall immediately expire.

Note: Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code; and Section 15376, Government Code. Reference: Sections 7371 and 7373, Labor Code.

s 344.73. Tower Crane Operating Permit and Inspection Fee Schedule.
(a) To cover the costs associated with investigating and issuing an operating permit for a fixed or mobile tower crane, the fee of $200.00 shall be paid.
Note: The permit to operate and the associated application fee is separate from, and in addition to, the permit and fee requirements of section 341 of title 8 of the California Code of Regulations for the erection of a fixed tower crane.
(b) In addition to the fees set forth in subsection (a) of this section, the hourly fee of $75.00 or fraction thereof, including travel time as set forth in part (1) of this subsection, based on quarter hour intervals, with a minimum of one-half hour, shall be paid to cover the costs associated with inspecting any fixed or mobile tower crane pursuant to the permit requirements of this article and Labor Code section 7373.
(1) Travel time shall include the time from the District Office of the Division processing the request for a permit to the inspection site, and from the inspection site back to the District Office. In the event the travel encompasses multiple permit inspections of different cranes operated by different employers the Division shall allocate the travel time equitably among the permit applicants.

Note: Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code. Reference: Sections 7371 and 7373, Labor Code.

s 344.74. Denial of Permit.
(a) The Division shall deny issuance of an operating permit if the provisions of this article are not satisfied. Upon denying an operating permit to an applicant employer, the Division shall promptly 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 authorized representative 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 authorized representative 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 such hearing, but in no case later than 24 hours prior to the hearing. Proof of such notification by the employer shall be made at the hearing.
(c) The Director shall issue a decision within ten business 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 decision.

Note: Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code. Reference: Sections 7371 and 7374, Labor Code.

s 344.75. 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 applicant at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the project address as shown on the application form. The notice shall specify the reasons for the action taken by the Division. 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 resume operation of the tower crane.
(c) The hearing shall be held as soon as possible at the Division's headquarters offices or at such other location as may be designated by the Director and shall be presided 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 7374(a).
(e) The period of suspension or revocation for the commission of any act referenced in Labor Code section 7374(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) The crane employer 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 for the convenience of the attending parties within five working days of the appeal. The crane employer shall notify employees and employees' representatives of such hearing in a reasonable time prior to the hearing.
The crane employer shall have the burden of establishing qualification for crane operation.
(g) Following the hearing, the Director shall issue a decision within ten business days. 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 ten days from the date of the Director's decision.
(h) 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, 7373, 7374 and 7375, Labor Code. Reference: Sections 7371, 7373 and 7374, Labor Code.

s 344.80. License -Duties and Recordkeeping Requirements.
Every crane or derrick certifier, licensed pursuant to article 11 of these orders shall comply with the following requirements:
(a) All tests and examinations shall be performed in accordance with the requirements of title 8 of the California Code of Regulations commencing with section 4884.
(1) No certification shall be issued without first performing all necessary tests and examinations as required by applicable standards or orders, including but not limited to the examination of items 1 through 14 referenced in Plate V of section 4885 of title 8 of the California Code of Regulations.
(2) All certifications shall be issued in a form consistent with that set forth in Plate V of section 4885 of title 8 of the California Code of Regulations.
(b) All testing, examinations, inspections, heat treatments, and recordkeeping procedures shall be carried out by or under the direct supervision of the licensed certifier or surveyor.
(1) Certificates issued pursuant to the license shall be completed and personally signed by the licensed certifier or surveyor performing the test and/or examination.
(c) The District Office of the Division nearest the site of inspection shall be notified of any deficiencies affecting the safe operation of the crane found during the course of any certification inspection. This notification shall be made within five working days following the test/examination date and shall be submitted on a form equivalent to Division form No. IS-162 containing the information set forth in subsection (j) of this section.
Note: Blank IS-162 forms may be obtained from any District Office of the Division: or, see Plate 1 appended to these orders.
(d) Deficiencies for the purposes of this article include any and all conditions found during the course of the certification examination or testing which do not comply with applicable safety orders or manufacturer's specifications.
(e) Correction of all deficiencies affecting the safe operation of the crane shall be verified by the licensed certifier or surveyor prior to issuance of a certification. A signed and dated verification of correction shall be submitted to the Division location where notification was given pursuant to subsection (d) of this section and on the IS-162 form or equivalent along with the certificate issued.
(f) Complete and accurate records of all inspections, tests, and other work performed shall be maintained. At a minimum the licensed certifier shall maintain an inspection record for each crane or derrick inspected and/or tested for certification indicating all items inspected or tested during the course of the certification inspection, as well as copies of any Certifier's Notice of Crane Safety Deficiencies issued and records pertaining to the verification of corrections of any such deficiencies, and all certificates issued. All records shall be maintained for a period of at least five years and shall be made available to the Division upon request.
(g) The following records of the operating history of each crane being examined and/or tested for certification shall be reviewed, if available:
(1) Records of previous certifications and Notices of Crane Safety Deficiencies.
(2) Records of tests performed by others, and,
(3) Records of any modifications, downgrading, upgrading, accidents, and damage relating to the crane or derrick.
(h) Any inspection and/or testing, including proof load tests, being performed shall be limited to those machines authorized by the License.
(i) The Division shall be notified, within 24 hours, in writing if any approved surveyor ceases to be employed by the licensed certifier.
(j) The Notice of Crane Safety deficiencies shall contain at least the following:
(1) Name, address, license number and signature of the licensed certifier or surveyor conducting the inspection.
(2) Name, address and phone number of crane owner and location of crane.
(3) Description and rated capacity of equipment or device, including manufacturer, model No., serial No., and owners identification No., if any.
(4) Date of inspection and notification to the owner and description of deficiencies found during the course of the inspection.
(5) A statement that a certification will not be issued until all deficiencies affecting the safe operation of the crane or derrick have been corrected.
(6) Verification and dates of correction of noted deficiencies.
Note: See Plate 1 appended hereto for a sample form IS-162.
PLATE 1

NOTICE OF CRANE SAFETY DEFICIENCIES

(Sample format -IS 162)

Equipment Operator: _______________ Owner: _______________
Address: __________________________ Address: _____________
Description and location of equipment inspected: __________
__________________________________________________________
Manufacturer: ________ Model No.: ______ Serial No.: ______
Owner I.D.: __________ Rated Capacity: _______________
The following deficiencies were found to exist during the inspection, testing and/or examiantion of the above-referenced equipment on -------------------.

Description of Condition to be Corrected Verification Date and Signature
---------------------------------------------------------------------------
1.
---------------------------------------------------------------------------
2.
---------------------------------------------------------------------------
3.
---------------------------------------------------------------------------
4.
---------------------------------------------------------------------------
5.
---------------------------------------------------------------------------
6.
---------------------------------------------------------------------------
7.
---------------------------------------------------------------------------
8.
---------------------------------------------------------------------------
9.

---------------------------------------------------------------------------

(See attached sheet for additional items or descriptions, if any.)
A certificate to operate the above-referenced equipment will not be issued until the items noted herein are corrected and verified as such by the undersigned.
A copy of this Notice, as well as any subsequent verification of corrections, shall be sent, as required, to the Division of Occupational Safety and Health. Labor Code 7375 and Sections 344.6, et. seq. and 4884, et. seq. of Title 8 of the California Code of Regulations prohibit the operation of any crane or derrick subject to the certification requirements thereof to be operated without a valid certification issued by a Division-licensed certifier or approved surveyor.
Licensed Certifier, Name: __________ License No.: __________
Address: ___________________________

Approved Surveyor, Name: _____________ Title: ______________
Date: __________________ Signature: _______________

Note: Authority cited: Sections 60.5, 6308 and 7375, Labor Code. Reference: Sections 7375, Labor Code.

s 344.81. Fixed and Mobile Tower Crane Certification.
(a) Fixed tower cranes and mobile tower cranes subject to this article shall be examined, tested and certified pursuant to article 99 annually and in the case of a fixed tower crane whenever it is erected at a new site.
(b) If a fixed tower crane is relocated to a new position on the same project a new certification is required. This requirement does not apply to the climbing of the tower crane.
(c) Each annual certification of a fixed or mobile tower crane shall include examination and testing of the crane structure and its parts as required pursuant to sections 4884 et seq. of title 8 of the California Code of Regulations and manufacturer recommendations. In the case of any fixed tower crane the annual certification must include detailed non-destructive tests of the load hook, slewing ring, tower section and slewing ring bolts, as well as all structural welds in the crane's tower section, mast and the jibs shall be performed where applicable. All deficiencies shall be corrected prior to use.
Note: Written records of the tests and test procedures performed shall be maintained and made available to the Division upon request for a period of five years.

Note: Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code. Reference: Sections 7370-7383, Labor Code.

s 344.85. Limitations on Division Eligibility for Certifications, Licenses, and Registrations for Aliens.
(a) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, or national origin of the applicant.
(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, [Pub. L. No. 104-193 (PRWORA)], (8 U.S.C. section 1621), and notwithstanding any other provision of this division, an alien who is not a qualified alien, a nonimmigrant alien under the Immigration and Nationality Act (INA) (8 U.S.C. section 1101 et seq.), or an alien paroled into the United States under Section 212(d)(5) of the INA [(8 U.S.C. 1182(d)(5)], for less than one year, is not eligible for any of the following benefits, except as provided in 8 U.S.C. 1621(c)(2):
(1) A certification as an asbestos consultant or site surveillance technician pursuant to 8 CCR sections 341.15 and Business and Professions Code Section 7180,
(2) A blaster's license pursuant to 8 CCR sections 344.20 through 344.22 and Labor Code Section 7990,
(3) A license to certify cranes or derricks pursuant to 8 CCR section 344.60 through 344.67 and Labor Code Section 7375,
(4) A registration for asbestos-related work pursuant to 8 CCR sections 341.6 through 341.14 and Labor code Section 6501.5,

(5) A certification as a gas tester pursuant to 8 CCR sections 7104, 8406 and 8424 and Labor Code Section 7999.
(6) A certification as a safety representative pursuant to 8 CCR section 8406 and Labor Code Section 7999.
(c) A qualified alien is an alien who, at the time he or she applies for, receives, or attempts to receive a public benefit, is, under Section 431(b) and (c) of the PRWORA [8 U.S.C. section 1641(b) and (c)], any of the following:
(1) An alien lawfully admitted for permanent residence under the INA (8 U.S.C. section 1101 et seq.).
(2) An alien who is granted asylum under Section 208 of the INA (8 U.S.C. section 1158).
(3) A refugee who is admitted to the United States under Section 207 of the INA (8 U.S.C. section 1157).

(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA [8 U.S.C. section 1182(d)(5)] for a period of at least one year.
(5) An alien whose deportation is being withheld under Section 243(h) of the INA [8 U.S.C. section 1253(h)], as in effect immediately before the effective date of Section 307 of division C of Public Law 104-208), or Section 241(b)(3) of such Act [8 U.S.C. Section 1251(b)(3)], (as amended by Section 305(a) of division C of Public Law 104-208).
(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980. [8 U.S.C. s 1153(a)(7)] (See editorial note under 8 U.S.C. Section 1101, "Effective Date of 1980 Amendment.")
(7) An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 [8 U.S.C. s 1522 note)].
(8) An alien who meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered to be acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of Division. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.

3. The benefits are needed due to a loss of financial support resulting from the alien's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions), cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.
5. The benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).

7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser.
(C) The alien has a petition that has been approved or has a petition pending which sets forth a prima facie case for:
1. Status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA [8 U.S.C. section 1154(a)(1)(A)(ii), (iii) or (iv)].
2. Classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA [8 U.S.C. section 1154(a)(1)(B)(ii) or (iii)].

3. Suspension of deportation and adjustment of status pursuant to Section 244(a)(3) of the INA [8 U.S.C. section 1254(a)(3)], as in effect prior to April 1, 1997 [Pub.L. 104-208, sec. 501 (effective Sept. 30, 1996, pursuant to sec. 591); Pub.L. 104-208, sec. 304 (effective April 1, 1997, pursuant to sec. 309) Pub.L. 105-33, sec. 5581 (effective pursuant to sec. 5582)] (incorrectly codified as "cancellation of removal under Section 240A of such act (8 U.S.C. Section 1229b) as in effect prior to April 1, 1997").
4. Status as a spouse or child of a United States citizen pursuant to clause (i) of Section 204(a)(1)(A) of the INA [8 U.S.C. section 1154(a)(1)(A)] or classification pursuant to clause (i) of Section 204(a)(1)(B) of the INA [8 U.S.C. section 1154(a)(1)(B)(i)].
5. Cancellation of removal pursuant to Section 240A(b)(2) of the INA (8 U.S.C. Section 1229(b)(2)).
(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in such battery or cruelty.
(C) There is a substantial connection between such battery or cruelty and the need for benefits to be provided in the opinion of the Division. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:

1. The benefits are needed to enable the alien's child to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien's child's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.
5. The benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.

6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.
(D) The alien meets the requirements of subsection (c)(8)(C) above.
(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the Division. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien child's parent to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.
5. The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with the alien child's parent and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.
(c) The alien child meets the requirements of Subsection (c)(8)(C).
(d) For purposes of this section, "nonimmigrant" is defined the same as in Section 101(a)(15) of the INA [8 U.S.C. section 1101(a)(15)].
(e) For purposes of establishing eligibility for benefits, as described in subsection (b)(1)-(b)(6), all of the following must be met:
(1) The applicant shall declare himself or herself to be a citizen of the United States or a qualified alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for less than one year under Section 212(d)(5) of the INA [8 U.S.C. section 1182(d)(5)]. The applicant shall declare that status through use of the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits," Cal/OSHA-W-1 issued on April 30, 1998, incorporated herein by reference.
(2) The applicant shall present documents of a type acceptable to the Immigration and Naturalization Service (INS) which serve as reasonable evidence of the applicant's declared status.
(3) The applicant shall complete and sign a Cal/OSHA-W-1 issued on April 30, 1998, incorporated herein by reference.

(4) Where authorized by the INS, the documentation presented by an alien as reasonable evidence of the alien's declared immigration status must be submitted to the INS for verification through the Systematic Alien Verification for Entitlements (SAVE) system procedures as follows:
(A) Unless the primary SAVE system is unavailable for use, the primary SAVE system verification shall be used to access the biographical/immigration status computer record contained in the Alien Status Verification Index maintained by the INS. Except as provided in the next paragraph [(subparagraph (B)], this procedure shall be used to verify the status of all aliens who claim to be qualified aliens and who present an INS-issued document that contains an alien registration or alien admission number.
(B) In any of the following cases, the secondary SAVE system verification procedure shall be used to forward copies of original INS documents evidencing an alien's status as a qualified alien, as a nonimmigrant alien under the INA, or as an alien paroled into the United States under Section 212(d)(5) of the INS [8 U.S.C. section 1182(d)(5)], for less than one year:
1. The primary SAVE system is unavailable for verification.

2. A primary check of the Alien Status Verification Index instructs the Division to institute secondary verification.
3. The document presented indicates immigration status but does not include an alien registration or alien admission number.
4. The Alien Status Verification Index record includes the alien registration or admission number on the document presented by the alien but does not match other information contained in the document.
5. The document is suspected to be counterfeit or to have been altered.
6. The document includes an alien registration number in the "not yet issued" or "illegal border crossing" series, as defined by the INS.
Note: The numbers used by the INS for each series are A60 000 000 and A80 000 000 respectively, as of the date of adoption of this regulation.
7. The document is a fee receipt from INS for replacement of a lost, stolen, or unreadable INS document.

8. The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence; an Arrival-Departure Record (INS Form I-94); or a foreign passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more than one year before the date of application for a benefit described in subsection (b)(1)-(b)(6).
(5) Where verification through the SAVE system is not available, if the documents presented do not on their face reasonably appear to be genuine or to relate to the individual presenting them, the government entity that originally issued the document shall be contacted for verification. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS is the appropriate government entity to contact for verification. The Division shall request verification by the INS by filing INS Form G-845 with copies of the pertinent documents provided by the applicant with the local INS office. If the applicant has lost his or her original documents, or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the applicant should be referred to the local INS office to obtain documentation.
(6) If the INS advises that the applicant has citizenship status or immigration status which makes him or her a qualified alien, a nonimmigrant or alien paroled for less than one year under section 212(d)(5) of the INA, the INS verification shall be accepted. If the INS advises that it cannot verify that the applicant has citizenship status or an immigration status that makes him or her a qualified alien, or a nonimmigrant or an alien paroled for less than one year under section 212(d)(5) of the INA, benefits shall be denied and the applicant notified pursuant to subsection (h) or (i) of his or her rights to appeal the denial of benefits.
(7) Provided that the alien has completed and signed form Cal/OSHA-W-1 issued on April 30, 1998, incorporated herein by reference, under penalty of perjury, eligibility for benefits for certification, license or registration, as found in subsection (b)(1)-(b)(6), shall not be delayed, denied, reduced or terminated while the status of the alien is verified.
(f) Pursuant to Section 432(d) of the PRWORA (8 U.S.C. section 1642(d)), a nonprofit charitable organization that provides federal, state, or local public benefits shall not be required to determine, verify, or otherwise require proof of eligibility of any applicant or beneficiary with respect to his or her immigration status or alienage.
(g) Pursuant to Section 434 of the PRWORA (8 U.S.C. section 1644), where the Division reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.
(h) Denial of Application.
(1) The Division shall deny issuance of the benefit applied for if the applicant does not meet the requirements of this section. Upon denial of the benefit the Division shall promptly notify the applicant specifying the reason for the denial.
(2) Any applicant denied certification, license or 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 applicant within two working days of the applicant's appeal. The hearing shall be presided by the Director or his authorized designee.
(3) 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 rehearing shall be filed with the Director within 10 days from the date of the Director's decision.
(i) Revocation or Suspension of Certification, License or Registration.
(1) 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 benefit issued pursuant to this section.
(2) Notice shall be in writing and served upon the recipient of the benefit at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the recipient of the benefit 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 recipient 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 recipient of the benefit will be entitled to reapply for the benefit of this section.
(3) The hearing shall be held as soon as possible at the Division's headquarters 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 representative.
(4) 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 recipient of the benefit has failed to comply with the requirements of this section.
The recipient of the benefit may appeal such revocation or suspension to the Director in the same manner specified in subsection (h). The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until the benefit recipient provides proof that the requirements of this section have been met.

Note: Authority cited: Sections 54, 55, 59 and 60.5, Labor Code. Reference: Sections 6501.5, 7375, 7990 and 7999, Labor Code; Section 7180, Business and Professions Code; and Sections 1621, 1641 and 1642, Title 8, United States Code.

s 344.90. Impalement Protection. Specifications and Testing Criteria (See Construction Safety Orders, Title 8, CCR s 1712).
(a) Scope: This section governs the testing of manufactured protective covers designed to prevent accidental impalement from exposed reinforcing steel (rebar) or other similar projections.
(b) Effective Date: This section applies to all protective covers manufactured on or after October 1, 2000.
(c) All manufactured protective covers used as protection against impalement for workers at grade or the same level as the projection shall:
(1) Pass the drop test described in subsection (e) of this section, except that the drop height may be reduced to 7 1/2 ' .
(2) Meet all other applicable requirements of section 1712 of this Code.
(d) All manufactured protective covers used as protection against impalement for work performed at levels not to exceed 7 1/2 ' above grade shall:
(1) Have a minimum of 4 " by 4 " square surface area, or if round, a minimum diameter of 4 1/2 " . Troughs shall be at least 4 " wide.
(2) Pass the drop test specified in subsection (e) of this section.
(3) Meet all other applicable requirements of section 1712 of this Code.
(e) Manufactured protective covers shall be able to pass the following penetration tests, as verified by a person, firm, or entity with appropriate registered-engineering competence, or by a person, firm, or entity, independent of the manufacturer of the subject protective covers, with demonstrated competence in the field of such evaluation.
(1) Protective covers for rebar shall be tested for penetration by dropping a 250-lb. bag of dry sand (less than 10% moisture by weight) onto the subject protective cover from a height of 10 ' . The 10 ' shall be measured from the bottom of the bag to the top of the protective cover.
(A) The sandbag shall be generally round, and shall have a circumference of 36 " to 42 " . When filled with 250 lbs. of sand, the bag shall be tightly closed by use of crimping, drawstring, or twisting at the top level of the sand so that there is little extra room in the bag to allow the sand to shift. The bag shall be constructed and reinforced (as necessary) with material, which will not rupture or be penetrated by the protective cover for rebar.
(B) The protective cover for rebar shall be installed over the sheared end of a piece of #4 rebar. The rebar shall be mounted on a support with 6 " of the rebar projecting vertically above the surface of the support. The support shall be of such height and width that it shall not interfere with the falling sandbag, and shall allow the full initial impact of the sandbag to be borne by the protective cover.
(C) The drop test shall be repeated three times, using a new protective cover for each test. One drop test shall be performed with the protective cover sitting squarely on top of the rebar; the other two drop tests shall be performed with the protective cover sitting at the maximum angle out of square (out of level) that the protective cover will permit with its stabilizer vanes/fins removed.
(2) Protective covers for projections or equipment other than rebar, (such as lighting rods,) shall be tested in the same manner as protective covers for rebar, except that protruding equipment which is normally installed with a protective cover as a single unit may be tested as a unit, using the equipment in lieu of the rebar.
(3) Rebar troughs shall be tested for penetration by dropping a 250-lb bag of dry sand (less than 10% moisture by weight) onto the subject trough from a height of 10 ' . The 10 ' shall be measured from the bottom of the bag to the top of the protective cover.

(A) The sandbag shall be generally round, and shall have a circumference of 36 " to 42 " . When filled with 250 lbs. of sand, the bag shall be tightly closed by use of crimping, drawstring, or twisting at the top level of the sand so that there is little extra room in the bag to allow the sand to shift. The bag shall be constructed and reinforced (as necessary) with material, which will not rupture or be penetrated by the protective cover for rebar.
(B) The trough shall be installed over the sheared ends of three pieces of #4 rebar. The three pieces rebar shall be mounted in a straight line, 24 " apart, on a support with 6 " of each piece of rebar projecting vertically above the surface of the support. The trough shall be 72 " in length, and shall be centered over the three pieces of rebar so that 12 " of the trough extends beyond each of the outside pieces of rebar.
(C) The drop test shall be repeated four times, using a new trough for each test. The sandbag shall be dropped: (i) once with the trough level and the sandbag centered over the middle piece of rebar; (ii) once with the trough level and the sandbag centered over one of the end pieces of rebar; (iii) once with the trough tilted (at the maximum angle allowed by the design) with the sandbag centered over the middle piece of rebar; (iv) once with the trough tilted (at the maximum angle allowed by the design) with the sandbag centered over one of the end pieces of rebar.
(4) Other methods for penetration testing may be substituted for those set forth in this section where acceptable to the Division as being equally effective.
(f) Each manufacturer, or other person or entity reselling or distributing manufactured protective covers, shall furnish the ultimate user of the protective cover with instructions regarding appropriate use of the protective covers. The instructions, written in English, shall include at least the following:
(1) Instructions as to whether the protective cover is designed for use at grade or above grade.
(2) A statement indicating the maximum height of fall that the cover is designed to protect against impalement, but not to exceed 7 1/2 ' .
(3) Installation instructions.
(4) Instructions regarding the inspection and/or use of damaged or defective protective covers. The effects, if any, of damaged stabilizer vanes/fins shall be included in this instruction.
(5) Any other instructions deemed necessary by the manufacturer regarding the use of the protective covers.
(g) Each employer whose employees use or work around or above protective covers shall inform its employees of the content of the manufacturer's instructions. Such information shall be provided to employees in a manner that allows them to understand the appropriate use of protective covers and the hazards associated with impalement.
(h) Marking -Each protective cover shall be marked with the following information:
(1) Model Number or Trademark.
(2) California Approval Number as issued pursuant to Sections 1712 and 1505 of this Code.
(3) Size(s) designation.

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

<<(Chapter Originally Printed 1-12-74)>>

8 CCR T. 8, Div. 1, Chap. 3.3, Refs & Annos, 8 CA ADC T. 8, Div. 1, Chap. 3.3, Refs & Annos

s 345. Scope and Application of Rules.
These rules of practice and procedure of the Occupational Safety and Health Appeals Board shall govern all appeals, contests, motions, hearings, petitions, and proceedings before the Appeals Board and an Administrative Law Judge of the Appeals Board, arising from actions by the Division of Occupational Safety and Health taken pursuant to Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or Section 2950 of the Health and Safety Code, or for employers' cost recovery pursuant to Section 149.5 of the Labor Code. (continued)