Loading (50 kb)...'
(continued)
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3179. Machine Room.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3180. Sheaves.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3181. Safety Stop.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3182. Emergency Stop.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3184. Machine Rooms.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3185. Sheaves.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3187. Speed.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3188. Emergency Stop.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3189. Brakes.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3190. Straps.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3191. General.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 3195.1. Application.
(a) This Subchapter, consisting of four Articles, governs permanent amusement rides operated anywhere in the State of California. Article 3 applies only to aquatic devices, while Articles 1, 2, and 4 apply to all permanent amusement rides, including aquatic devices.
(b) For the purposes of Articles 1 through 4, the following ASTM Standards on Amusement Rides and Devices are hereby incorporated by reference:
(1) ASTM F 698-94 (Reapproved 2000), "Standard Specification for Physical Information to be Provided for Amusement Rides and Devices," Sections 1 through 3.
(2) ASTM F 770-93 (Reapproved 2000), "Standard Practice for Operation Procedures for Amusement Rides and Devices," Sections 1 through 4.
(3) ASTM F 846-92 (Reapproved 1998), "Standard Guide for Testing Performance of Amusement Rides and Devices," Sections 1 through 8.
(4) ASTM F 853-98, "Standard Practice for Maintenance Procedures for Amusement Rides and Devices," Sections 1 through 6.
(5) ASTM F 893-87 (Reapproved 2000), "Standard Guide for Inspection of Amusement Rides and Devices," Sections 1 though 5.
(6) ASTM F 1159-02, "Standard Practice for the Design and Manufacture of Amusement Rides and Devices," Sections 1 through 14.
(7) ASTM F 1193-97, "Standard Practice for an Amusement Ride and Device Manufacturer Quality Assurance Program," Sections 1 through 7.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.2. Definitions.
(a) In addition to the definitions given in this section, the definitions found at Section 344.6 of this Title also apply. Among others, the following terms are defined in Section 344.6: "as-built document," "licensed engineer," "new permanent amusement ride," "owner or operator," and "permanent amusement ride."
(b) An "amusement ride incident" is any event, failure, or malfunction of a permanent amusement ride that:
(1) Results in the ride being closed to patrons for more than 12 consecutive hours; or
(2) Reasonably and substantially appears to have an impact on the safety of patrons.
(c) An "aquatic device" is a permanent amusement ride that involves the purposeful immersion of the patron's body partially or totally in the water. A permanent amusement ride which involves only incidental patron water contact, or which uses water primarily as a medium for carrying a conveyance vehicle, e.g., a log flume boat ride or a spillwater boat ride, is not an aquatic device.
(d) "Authorized person" means a person who:
(1) Has been authorized by the owner or operator, in a determination which defines the specific duties and rides to which the authorization pertains, to attend, operate, inspect, test, or perform maintenance on permanent amusement rides and associated equipment;
(2) Has successfully completed training (see Sections 3195.6 and 3195.7) in the duties to which the authorization pertains;
(3) Performs his or her duties within the scope of the authorization; and
(4) Is capable of reading and comprehending all written instructions, including those on operator controls, that are required to be available to or to be in view of a person performing duties within the scope of the authorization.
(e) A "DIN Standard" means a standard published by the Deutsches Institute of Normung.
(f) An "existing permanent amusement ride" is either of the following:
(1) A permanent amusement ride that was placed in operation and opened to the public for the first time prior to July 12, 2003; or
(2) A planned permanent amusement ride that has been substantially designed, manufactured, or fabricated prior to July 12, 2003.
(g) A "facility" means any single property or grouping of contiguous properties under the control of the owner or operator that contains one or more permanent amusement rides.
(h) A "flume" is a single descending pathway in or on a water slide.
(i) A "patron" means a member of the public who is not acting as an employee or as a consultant, contractor, or other agent of the owner or operator.
(j) "Public operation" means operation of an amusement ride with one or more patrons on board.
(k) A "ride" means a permanent amusement ride.
(l) A "splash pool" is a pool of water at the base of a flume, which constitutes the endpoint of a patron's travel along the flume.
(m) A "TUV Standard" means a standard published by the Technischer Uberwachungs Verein or Technical Control Organization.
(n) A "water slide" is an aquatic device using flowing water to provide low friction so that patrons can slide along a flume. There may be one or more flumes used on a water slide.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3, 7921 and 7923, Labor Code.
s 3195.3. Required Documentation.
(a) The owner or operator shall have and maintain at the facility all of the following documentation for each permanent amusement ride in public operation at the facility:
(1) Manufacturer-originated documentation indicating that the design and manufacture of the ride is in compliance with ASTM F 1159-02. Such documentation shall include but not necessarily be limited to the design and calculation documents specified in Section 4.1 of ASTM F 1159-02.
Exception No. 1: If the ride was designed to comply with generally accepted design standards other than those in Section 4.1 of ASTM F 1159-02, e.g., DIN or TUV Standards, the owner or operator may substitute documentation of compliance with those standards. However, unlessException No. 2 applies, these documents shall suffice only if they provide a level of detail comparable to that specified by Section 4.1 of ASTM F 1159-02.Note: See additional restrictions applicable to new permanent amusement rides in Section 3195.4.
Exception No. 2, for Existing Permanent Amusement Ride Only:If the owner or operator cannot obtain all or part of the required documentation because it is reasonably believed not to exist or is not reasonably available from the manufacturer, the owner or operator shall comply by having and maintaining that documentation which is reasonably available from the manufacturer. If that documentation is missing information on performance characteristics or forces on passengers, the owner or operator shall have and maintain alternative documentation containing the missing information to the extent such information is necessary for a reasonably adequate evaluation of the safety of any ride.
(2) Documentation of each of the following with reference to Sections 5 through 8 of ASTM F 846-92 (Reapproved 1998):
(A) Manufacturer-originated developmental and installation testing procedures conforming to the specifications of Sections 5 and 6.
(B) Manufacturer-originated operational and nondestructive testing procedures conforming to the specifications of Sections 7 and 8.
Exception No. 1 for Existing Permanent Amusement Rides Only:If complete documentation meeting the requirements of subsection (2)(A) is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply with subsection (2)(A) by having and maintaining that documentation which is reasonably available.
Exception No. 2 for Existing Permanent Amusement Rides Only:If complete documentation meeting the requirements of subsection (2)(B) is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply with subsection (2)(B) by having and maintaining that documentation which is reasonably available and by having and maintaining documentation containing effective operational and nondestructive testing procedures that conform to the specifications of Sections 7.2.2 through 7.2.4, 8.1 through 8.1.3, and 8.1.6 through 8.1.9 of ASTM F 846-92 (Reapproved 1998). The testing procedures described in this documentation shall be in compliance with the following additional requirements:
1. Testing frequency shall be specified.
2. The operational limits of the ride and the specifications used to evaluate testing results shall be established by the owner or operator using all manufacturer-originated information that is reasonably available and relevant as well as whatever additional information is necessary to ensure that the operation of the ride is within the design limitations of the ride.
(3) Documentation of each of the following with reference to Sections 4 through 6 of ASTM F 853-98:
(A) Manufacturer-originated maintenance instructions that conform to the specifications of Section 4 of ASTM F 853-98.
(B) Mandatory maintenance procedures that conform to the instructions required by subsection (A), conform to the specifications of Sections 5 and 6 of ASTM F 853-98, and include an effective program of training to be provided to all employees performing maintenance. The training program shall conform to the specifications of Section 6.2 of ASTM F 853-98, include a manual containing the training subject matter, and specify the length of initial and refresher training as well as the frequency of refresher training.
Exception for Existing Permanent Amusement Rides Only:If complete documentation meeting the requirements of subsection (A) is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply with subsection (A) by having and maintaining that documentation which is reasonably available, and shall comply with subsection (B) by having and maintaining effective maintenance procedures. The maintenance procedures shall conform to whatever manufacturer-originated maintenance instructions are reasonably available and shall include, but not necessarily be limited to, each of the following:
1. A description of the ride operation, including the function and operation of its major components.
2. A description of the motions the ride is designed to undergo while in operation.
3. Lubrication procedures, including types of lubricants and frequency of lubrication, and a lubrication drawing, chart, or other effective means of showing the location of lubrication points.
4. A description, including a schedule, of all maintenance inspections and testing to be performed on the ride.
5. Maintenance procedures for electrical components, as well as schematics of electrical power, lighting, and controls.
6. Maintenance procedures and schematics for all hydraulic and pneumatic systems on or used to control the ride, which shall include component locations; location charts; fluid, pressure, line, and fitting specifications; and troubleshooting guidelines.
7. Specifications for the use of replacement fasteners and, when applicable, for torque requirements for fasteners.
8. A checklist to be made available to each person performing the regularly scheduled maintenance on each ride.
9. Procedures for performing documented and signed pre-opening inspections, to be conducted each day prior to public operation. The pre-opening inspection shall include, but not necessarily be limited to, the items listed in Section 6.3 of ASTM F 853-98.
10. A program of training to be provided to all employees performing maintenance. The training program shall conform to the specifications of Section 6.2 of ASTM F 853-98, include a manual containing the training subject matter, and specify the length of initial and refresher training as well as the frequency of refresher training.
11. Procedures to be followed in the event of any unscheduled cessation of operation of the ride. The procedures shall require that, when an unscheduled cessation of operation of the ride that is potentially due to mechanical failure occurs, the ride shall not be operated again with patrons on board until inspection or test-operation of the ride has demonstrated that the ride is functioning properly.
(4) Mandatory operation procedures conforming to the specifications of Sections 4.1 through 4.1.4.4 of ASTM F 770-93 (Reapproved 2000). The owner or operator shall ensure that each of the following are incorporated into the operation procedures:
(A) Manufacturer-originated information and recommendations conforming to the specifications of Section 3 of ASTM F 770-93 (Reapproved 2000).
Exception for Existing Permanent Amusement Rides Only:If complete documentation meeting the requirements of subsection (a)(4)(A) is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply by having and maintaining that documentation which is reasonably available and by having and maintaining whatever additional documentation is necessary to provide an effective informational basis for the procedures developed in conformance with Sections 4.1 through 4.1.4.4 of ASTM F 770-93 (Reapproved 2000).
(B) A procedure for promptly notifying the applicable manufacturer, if known, of any event, failure, or malfunction that reasonably and substantially appears:
1. To have an impact on patron safety; and
2. To be of a type that could occur in connection with rides of the same design.
(C) A detailed description of all signal systems' procedures and testing used by the owner or operator (see Section 3195.9(d)).
(D) Procedures for implementing those patron safety measures necessary to ensure the operation of the ride in a manner that is safe for all patrons, which shall consist of the following:
1. Procedures to ensure that all passenger restraint mechanisms are properly engaged and will safely secure the patron throughout the course of the ride.
2. Procedures to ensure the implementation of all patron-specific safety measures necessary for operation of the ride in a manner that is safe for all patrons. These procedures shall, at a minimum, implement all specific manufacturer recommendations listed in Section 2.6 of ASTM F 698-94 (Reapproved 2000), to the extent such recommendations exist and are reasonably available. Patron-specific safety measures shall consist of special provisions for a patron's use of the ride, provision of warnings to patrons, or both in combination, to the extent reasonably necessary to protect the patron. Factors that may result in a need for patron-specific safety measures include patron weight, patron size (e.g., height or other body dimension), and the patron being a child or having a physical disability or health condition that affects rider safety.
NOTE: This subsection is not intended to require an owner or operator to admit a patron to a ride if such admission will jeopardize the safety of that patron or other patrons.
(E) An effective program of training to be provided to all operators and attendants in conformance with the specifications of Section 4.1.3 of ASTM F 770-93 (Reapproved 2000). The training program shall include a manual containing the training subject matter and shall specify the length of initial and refresher training as well as the frequency of refresher training.
(5) Documentation indicating that the manufacturer's quality assurance program followed for the ride is in conformance with ASTM F 1193-97 and Section 5 of ASTM F 893-87 (Reapproved 2000).
Exception for Existing Permanent Amusement Rides Only:If complete documentation meeting the requirements of this subsection is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply by having and maintaining that documentation which is reasonably available.
(6) All of the information applicable to each ride as specified in ASTM F 698- 94 (Reapproved 2000).
Exception for Existing Permanent Amusement Rides Only:If complete documentation meeting the requirements of this subsection is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply by having and maintaining that documentation which is reasonably available, and by having and maintaining additional documentation as necessary to provide the information called for by the applicable provisions of Sections 2.2.5 through 2.5 and 2.7 through 2.15.3 of ASTM F 698-94 (Reapproved 2000).
(b) All documentation and records listed in subsection (a) of this section shall be made available to the Division upon request.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3, 7921 and 7923, Labor Code.
s 3195.4. General Design and Manufacture.
New Permanent Amusement Rides. No new permanent amusement ride shall be opened to the public unless it has been designed and manufactured in conformance with the specifications of ASTM F 1159-02 and ASTM F 1193-97.
Exception: A new permanent amusement ride may be open to the public if it conforms with the design standards set forth in other generally accepted standards, e.g., DIN or TUV Standards provided that the owner or operator can demonstrate that such compliance ensures patron safety comparable to that provided by compliance with ASTM F 1159-02 and ASTM F 1193-97.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3, 7921 and 7923, Labor Code.
s 3195.5. Required Testing.
(a) No permanent amusement ride shall be operated with patrons on board unless the owner or operator has documentation demonstrating the proper performance of the ride through testing performed in conformance with the specifications of the documentation required by subsections (a)(2)(A) and (a)(2)(B) of Section 3195.3.
Exception for Existing Permanent Amusement Rides Only:If complete documentation meeting the requirements of Section 3195.3(a)(2)(A) is reasonably believed not to exist or is not reasonably available, the ride may be open to the public if the owner or operator has documentation demonstrating the proper performance of the ride through testing performed in conformance with the specifications of the documentation required by Section 3195.3(a)(2)(B).
(b) All testing performed by the owner or operator pursuant to this section shall be conducted by an authorized person.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.6. Maintenance, Inspection, and Related Training.
(a) The owner or operator shall follow the procedures specified in the documentation required by Section 3195.3(a)(3)(B), and shall provide training as specified in that documentation to each employee performing those procedures.
(b) All maintenance and inspection functions shall be performed by an authorized person.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.7. Operation Procedures and Related Training.
(a) The owner or operator shall follow the operation procedures specified in the documentation required by Section 3195.3(a)(4) for each permanent amusement ride, and shall provide training as specified in that documentation to each ride operator and attendant.
(b) The owner or operator shall use effective signs, videos, or other similarly effective means of advising patrons of those instructions, limitations, restrictions, and warnings deemed necessary for patron safety by the owner or operator, including those maintained as part of the procedures required by Section 3195.3(a)(4)(D). When signs are used for this purpose, they shall be permanently and conspicuously posted at each applicable permanent amusement ride.
(c) At all times while the facility is open to the public, personnel shall be located around the facility who are trained and available to render first aid and cardiopulmonary resuscitation (CPR). These personnel shall:
(1) Be in sufficient numbers to ensure they are readily available to render first aid and CPR to patrons as needed,
(2) Have current certification in first aid and CPR from the American Red Cross or another nationally recognized organization; and
(3) Have immediate access to first aid and CPR supplies that meet the requirements of Section 3400.
(d) Complete operation instructions for each permanent amusement ride shall be readily accessible to the operators and attendants of the ride.
(e) All ride operation and attendant functions shall be performed by an authorized person.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.8. Physical Information and Adherence to General Safety-Related Operating Parameters.
(a) The owner or operator shall not operate any permanent amusement ride with patrons on board in a manner inconsistent with the specifications of the documentation required by Section 3195.3(a)(6).
Exception for Existing Permanent Amusement Rides:If any of the manufacturer-originated information specified by Sections 2.2.1 through 2.2.8 of ASTM F 698- 94 (Reapproved 2000) is reasonably believed not to exist or is not reasonably available, the owner or operator, at a minimum, shall have permanently affixed to the ride the name and address of the manufacturer, if known, the ride name or description, the model or serial number, if known, the maximum number of patrons, and the maximum design speed of the ride. The required information shall be legibly impressed on a metal plate or equivalent and readily visible and legible at all times.
(b) All permanent amusement rides shall be identified by a registration number, which shall be provided by the Division. This registration number shall be kept with other pertinent records for the amusement ride and shall be permanently affixed by a Division representative to the ride.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.9. Motion Restriction and Other Specific Hazard Control Measures.
(a) Emergency Brakes and Devices.
Ride conveyance vehicles shall be provided with emergency brakes or other equally effective emergency stopping controls, if upon failure of normal stopping controls, collision may reasonably be expected to occur and result in patron injury or equipment damage. Low speed vehicles designed for controlled collisions, such as bumper cars, do not require emergency stopping controls.
(b) Anti-Rollback Controls.
Each permanent amusement ride with a passenger conveyance vehicle that traverses an inclined track shall be provided with automatic anti-rollback controls, unless such controls would conflict with manufacturer recommendations.
(c) Speed Limiting Devices and Systems.
(1) Each permanent amusement ride capable of exceeding its maximum design operating speed shall be provided with a speed-limiting device or system to ensure that the ride cannot exceed that speed at any time while patrons are on board.
(2) Mechanical Governors.
(A) If a mechanical governor with an adjustable setting is used as a speed-limiting device, the adjusting mechanism shall be sealed so that the speed setting cannot be changed without breaking the seal.
(B) If the seal is broken, the ride shall not be operated with patrons on board and the speed setting shall be readjusted and resealed per manufacturer specifications prior to reopening the ride to patrons.
(3) Other Speed Limiting Devices or Systems.
If a speed limiting device or system other than a mechanical governor is used to control the maximum speed of a permanent amusement ride, the device or system shall include safeguards to prevent the ride operator from being able to alter the maximum speed setting.
(d) Signal Systems.
(1) Signal systems shall be used and shall be adequate to do the following:
(A) Control the dispatching of rides as necessary to prevent collision due to any failure of the ride or ride unit to clear a stopping point.
(B) Control the operation of the ride so that neither starting nor stopping the ride results in an unsafe condition. In the case of starting the ride, the signal system shall require that, before the start signal is given, there is confirmation that all patrons are safely secured within the ride and all other persons are a safe distance from the ride.
Exception: A signal system is not required if the ride is controlled by a single operator who can clearly observe all phases of operation of the ride.
(2) All signal systems shall be tested at least once each day prior to the initial operation of the ride with patrons on board. No ride shall be operated with patrons on board if the signal system is not functioning properly.
(3) A written explanation of the use and testing of the signal system for each ride having a signal system shall be available at the operator's or signaler's stations.
(e) Protection of Patrons from Hazardous Surfaces and Moving Parts.
(1) Surfaces of permanent amusement rides with which a patron may come in contact shall be free from sharp, rough, or splintered surfaces, edges and corners, and from unguarded or unprotected protruding studs, bolts, screws, and other projections. Surfaces that a patron may forcibly contact while in motion shall be adequately padded or otherwise designed and maintained to protect against injury.
(2) All moving parts with which patrons may come into contact shall be sufficiently guarded to protect against injury.
(f) Patron Retention, Restraint, and Support.
(1) All tubs, cars, chairs, seats, gondolas, and other carriers shall be equipped as necessary to provide protection against injury with devices that retain, restrain, or support the patron during all phases of ride movement. All fastenings shall be of a type that cannot be released inadvertently by the patron or by other accidental means.
(2) All belts, bars, fastenings, anchorages, footrests, and other equipment or devices intended for the protection of patrons while they are on permanent amusement rides shall be of adequate design for and be maintained to perform their intended function.
(g) Accessing and Exiting Permanent Amusement Rides.
All steps, ramps and walkways inside the site of the permanent amusement ride used by patrons for accessing and exiting the ride shall be of adequate design for and maintained to perform their intended function.
(h) Operation and Control of the Ride.
(1) All rides shall be operated and controlled only by authorized persons. All authorized persons designated to control the operation of the ride while it is moving shall, during the period of movement, be within immediate reach of the operating controls, even if automatic devices are used to control the time cycle of the ride.
(2) All rides shall have a stop switch within immediate reach of the authorized person or persons designated to operate or control the ride at all times while the ride is in operation.
(3) In addition to the stop switch required by subsection (h)(2), each electrically driven permanent amusement ride shall have a disconnect switch within reach of the authorized person for use in case of emergency. In lieu of this disconnect switch, a stopping device that must be manually reset may be used.
(4) No permanent amusement ride stopped with a device required by (h)(2) or (h)(3) shall be capable of starting immediately upon reset of that device.
(5) Equipment rooms, machinery rooms, and all other areas unsafe for access by patrons or other unauthorized persons shall be posted to forbid unauthorized access and locked, fenced, barricaded, or otherwise secured to prevent unauthorized access. Fences installed or replaced after July 12, 2003 shall be in conformance with the specifications of ASTM F 1159-02.
(6) Electrically energized overhead screens used to power bumper car type rides shall be free of holes that are not part of the design.
(i) Electrical Wiring Affecting Permanent Amusement Rides.
The installation of all new electrical wiring for permanent amusement rides shall conform to the applicable requirements of the California Code of Regulations, Title 24, Part 3, California Electrical Code, 1998.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.10. Application.
The requirements contained in this Article apply only to aquatic devices.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.11. Operation and Maintenance.
(a) The operation procedures required by Section 3195.3(a)(4) shall be supplemented for aquatic devices with the following:
(1) Written emergency procedures including, but not necessarily limited to, each of the following:
(A) Procedures for cessation of operations to be followed where this is necessary to ensure patron safety in situations such as, but not necessarily limited to, a cutoff of the water supply or a power outage.
(B) Procedures for evacuating patrons from each aquatic device including the estimated evacuation time.
(C) Methods to direct the movement of patrons to safe areas and to keep them out of unsafe areas during emergency situations.
(D) Procedures for shutting off power, water, and pumps, and shutting off and turning on power-operated drains.
(2) The following instructions and procedures, provided with sufficient specificity to make them complete and effective:
(A) The staffing levels to be maintained during all times while the aquatic device is operating with patrons present. In determining the staffing level for an aquatic device, each of the following shall be considered:
1. The design and type of aquatic device.
2. The number of entrances to the loading platform.
3. The number of flumes and their proximity to each other.
4. The length of, and the duration of the patron's travel along, each flume.
5. The maximum patron capacity of the aquatic device by weight.
6. The maximum patron capacity of the aquatic device by number of patrons.
7. The manufacturer's recommended staffing requirement, if there is one, which shall constitute the minimum staffing level.
(B) Procedures for the control of patron movement along the entire pathway of travel from point of aquatic device entry to point of aquatic device exit.
(C) Procedures for controlling the intervals of time separating each patron's or patron group's slide down the flume.
(D) A requirement to supervise all visible portions of the flumes of the water slide.
(E) Procedures for maintaining order among patrons in the splash pool and the splash pool area and for mitigating any patron behavior having the potential to constitute a safety hazard.
(F) Procedures for maintaining water quality within each aquatic device so that water will not pose a substantial health risk to patrons who may reasonably be expected to ingest it or otherwise be exposed to it.
(b) At all times that the aquatic device is in operation with patrons present, the owner or operator shall maintain staffing levels in compliance with the written operational instructions required by subsection (a)(2)(A) of this section. In addition, the owner or operator shall ensure that the following requirements are met:
(1) At least one attendant shall be located in the immediate vicinity of the water slide splash pool.
(2) Current certification to perform first aid and cardiopulmonary resuscitation (CPR) by the American Red Cross or another nationally recognized organization shall be held by all personnel who:
(A) Supervise patrons at aquatic devices; or
(B) Interact with patrons for the purpose of controlling their usage of or movement through aquatic devices.
(3) Each of the first aid and CPR certified personnel shall have immediate access to first aid and CPR supplies that meet the requirements of Section 3400.
(c) The surfaces and edges of the aquatic device that patrons may contact shall be free from cutting or pinching hazards or any other hazards that may cause injury.
(d) If power is used to generate water movement for an aquatic device, at least one attendant shall have immediate access to a stopping device that will remove all power.
(e) Drains on aquatic devices shall be visible to at least one attendant.
(f) Entrances to and exits from aquatic devices shall be clearly marked.
(g) Areas of ingress to and egress from aquatic devices, as well as walking surfaces in or on aquatic devices, shall be designed and maintained to drain standing water and to be slip resistant.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.12. Recordkeeping.
(a) The owner or operator shall make and maintain for at least five years, and make available to the Division upon request during any Division inspection, records of all of the following:
(1) Training provided as required by Sections 3195.6(a) and 3195.7(a), including the date provided, the name of the employee trained, the type of training provided, and the length of the training session.
(2) Maintenance, repair, inspection, and testing performed on each permanent amusement ride.
(3) Accidents required to be reported by Section 344.15 of this Title.
(4) Amusement ride incidents.
(5) For aquatic devices only, testing performed to determine water quality and all determinations of staffing levels to be maintained at aquatic devices.
(b) Records of amusement ride incidents shall consist of any reasonable format chosen by the owner or operator which includes the name of the authorized person(s) present and describes the incident as well as any inspection, repair, modification, and maintenance performed in response to the incident.
(c) The information on accidents recorded pursuant to this section shall include but not necessarily be limited to each of the following, to the extent reasonably available:
(1) The date of occurrence of the accident.
(2) The name of the ride and manufacturer of the ride where or on which the accident occurred.
(3) A detailed description of the accident.
(4) The names, addresses, ages, and telephone numbers of all persons involved in the accident, including but not limited to those injured, the authorized person(s) present, and a representative number of witnesses, if any.
(5) A description of the injury and treatment provided to the injured parties involved in the accident.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.13. Transfer of Information with Used Permanent Amusement Rides.
(a) The seller of a used permanent amusement ride shall, upon transfer of the ride to the new owner, provide with the ride a copy of all of the following:
(1) All manufacturer documentation and all operational and maintenance manuals that pertain to the ride and are within the seller's possession.
(2) Complete information describing any modification to the ride or any part thereof performed while in the seller's possession, and any other modifications to the extent known by the seller. If documentation or information pertaining to modifications has been lost, the seller shall provide full disclosure of what information is missing, to the extent known by the seller.
(3) A summary of all incidents reported to the manufacturer pursuant to the procedure required by Section 3195.3(a)(4)(B) and all accidents resulting in injury required to be reported to the Division by Section 344.15.
(b) The purchaser of a used permanent amusement ride shall notify the manufacturer, if the manufacturer still exists, of the change of ownership.
(c) The purchaser of a used permanent amusement ride shall obtain from the manufacturer all updated owner, operational, and maintenance manuals and service bulletins to the extent they are available.
Note: Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.
s 3195.14. Confidentiality.
The Division shall maintain the confidentiality of all documentation and records required by this Subchapter to the extent that the Division obtains such documentation and it 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.
.
To fulfill the expressed social public policy of the State of California set forth in Article XX, Section 21 of the Constitution, to make full provision for securing safety in places of employment, these General Industry Safety Orders are promulgated for the guidance of employers and employees alike. Compliance with these orders may not in itself prevent occupational injuries or diseases, but will, it is believed, provide a safe environment which is a fundamental prerequisite in controlling injuries. Every employer should provide their supervisory staff with a copy of these orders and assure that each supervisor is familiar with those sections pertaining to the operations under their supervision.
Note: Authority cited for s 3200 to 4207, inclusive: Sections 6312 and 6500, Labor Code. Additional authority cited: Section 6502 and Section 142.3, Labor Code.
s 3201. Title.
These safety orders shall be known as General Industry Safety Orders.
s 3202. Application.
(a) These orders establish minimum standards and apply to all employments and places of employment in California as defined by Labor Code Section 6303; provided, however, that when the Occupational Safety and Health Standards Board has adopted or adopts safety orders applying to certain industries, occupations or employments exclusively, in which like conditions and hazards exist, those orders shall take precedence wherever they are inconsistent with the General Industry Safety Orders hereinafter set forth.
Note: Unless otherwise designated in this subchapter, the phrase "division" refers to the current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.
(b) After the date on which these Orders become effective, all installations shall conform to these Orders.
Exception: (1) Existing installations which are in compliance with safety orders, or variations therefrom, in effect prior to the effective date of these safety orders, unless the hazard presented by the installation or equipment is, in the judgment of the Chief of the Division, of such severity as to warrant control by the application of the applicable sections of these orders.
(2) Facsimiles, replicas, reproductions, or simulations when used for exhibition purposes when such compliance would be detrimental to their use for such purposes unless the hazard presented by the installation is, in the judgment of the Chief of the Division, of such severity as to warrant control by the application of the applicable sections of these Orders.
(c) Regulations herein affecting building standards, apply to any building, or building alteration, or building modification for which construction is commenced after the effective date of the regulations. Date of commencement of construction, for the purpose of this section, shall be:
(1) The advertising date for invitation of bids for State and local government projects.
(2) The building permit issuance date for other projects.
(Title 24, Part 2, Section 2-109.)
Note: Identification of Building Regulations. The basic building regulations for employments and places of employment contained in Title 24, State Buildings Standards Code, California Administrative Code are part of these safety orders. Pursuant to Health and Safety Code Section 18943(c), such building regulations are identified in these safety orders by the addition of a reference to the appropriate section of the State Building Standards Code (Title 24), which is added to the end of the safety order section:
(Title 24, Part X, Section XXXX.)
(d) Nothing contained in these regulations shall be considered as abrogating the provisions relating to public safety of any ordinance, rule or regulation of any governmental agency, providing such local ordinance, rule or regulation is not less stringent than these minimum standards.
Note: The filing date 12-19-49 shown in the History Note of Section 3200 is for the sections originally filed. The filing date of sections subsequently adopted or revised is shown in the History Note at the end of the section. Orders become effective 30 days after filing.
(Title 24, T8-3202)
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.
s 3203. Injury and Illness Prevention Program.
(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a minimum:
(1) Identify the person or persons with authority and responsibility for implementing the Program.
(2) Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.
(3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.
Exception: Employers having fewer than 10 employees shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employees' job assignments as compliance with subsection (a)(3).
(4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:
(A) When the Program is first established;
Exception: Those employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with previously existing section 3203.
(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and
(C) Whenever the employer is made aware of a new or previously unrecognized hazard.
(5) Include a procedure to investigate occupational injury or occupational illness.
(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:
(A) When observed or discovered; and,
(B) When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.
(7) Provide training and instruction:
(A) When the program is first established;
Exception: Employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with the previously existing Accident Prevention Program in Section 3203.
(B) To all new employees;
(C) To all employees given new job assignments for which training has not previously been received;
(D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;
(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,
(F) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.
(b) Records of the steps taken to implement and maintain the Program shall include:
(1) Records of scheduled and periodic inspections required by subsection (a)(4) to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for at least one (1) year; and
Exception: Employers with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected.
(2) Documentation of safety and health training required by subsection (a)(7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for at least one (1) year.
EXCEPTION NO. 1:Employers with fewer than 10 employees can substantially comply with the documentation provision by maintaining a log of instructions provided to the employee with respect to the hazards unique to the employees' job assignment when first hired or assigned new duties.
EXCEPTION NO. 2: Training records of employees who have worked for less than one (1) year for the employer need not be retained beyond the term of employment if they are provided to the employee upon termination of employment.
EXCEPTION NO. 3: For Employers with fewer than 20 employees who are in industries that are not on a designated list of high-hazard industries established by the Department of Industrial Relations (Department) and who have a Workers' Compensation Experience Modification Rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries on a designated list of low-hazard industries established by the Department, written documentation of the Program may be limited to the following requirements:
A. Written documentation of the identity of the person or persons with authority and responsibility for implementing the program as required by subsection (a)(1).
B. Written documentation of scheduled periodic inspections to identify unsafe conditions and work practices as required by subsection (a)(4).
C. Written documentation of training and instruction as required by subsection (a)(7).
ExceptionNo. 4: Local governmental entities (any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement) are not required to keep records concerning the steps taken to implement and maintain the Program.
Note1: Employers determined by the Division to have historically utilized seasonal or intermittent employees shall be deemed in compliance with respect to the requirements for a written Program if the employer adopts the Model Program prepared by the Division and complies with the requirements set forth therein.
Note2: Employers in the construction industry who are required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the Division, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to the employee's job duties.
(c) Employers who elect to use a labor/management safety and health committee to comply with the communication requirements of subsection (a)(3) of this section shall be presumed to be in substantial compliance with subsection (a)(3) if the committee: (continued)