Occupational Safety and HealthPermit Requirements
Section § 6500
This law requires employers to get a permit before starting certain high-risk work. This includes digging trenches over five feet deep, building or demolishing structures over three stories high, and using diesel engines underground in mines and tunnels. However, this rule doesn't apply to sets in movies, TV, or theater unless there are several serious incidents or violations involving sets over 36 feet high. In that case, annual permits are needed for constructing or dismantling such sets. Employers with an existing permit don’t have to notify authorities each time they start work, and these permits can be renewed by mail.
Section § 6501
This law requires employers, who are covered under Section 6500, to apply for a permit from the relevant division. The application must include detailed information for assessing the safety of the job or workplace.
Additionally, employers must certify that they understand the relevant safety and health standards and agree to follow them, along with any lawful directives from the division.
Section § 6501.5
This law explains that from January 1, 1987, any employer or contractor handling asbestos-related projects over 100 square feet must register with the designated authority. To get this registration, they must prove their methods ensure a safe workplace. This does not replace existing safety regulations.
An application for registration requires detailed information: certified contractors, complete health and training insurance for workers, and proficiency in conducting safe asbestos work. Employers must notify authorities about different job phases, specifying details like location, project timing, and contact personnel with safety duties.
Employers must also clearly mark asbestos work sites with danger signs and must have their registration available at the work site. The authority will need additional staff to enforce these rules, supported by a specific fund. Furthermore, by the start date, a proposal for more detailed regulations of asbestos-related work and sampling methods will be submitted.
Section § 6501.7
This law defines "asbestos" as the fibrous forms of certain hydrated minerals, specifically including chrysotile, crocidolite, amosite, fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
Section § 6501.8
This law defines what is considered "asbestos-related work." It includes any activity that might release asbestos fibers into the air by disturbing asbestos-containing construction materials, with some exceptions like automotive work or mining.
The law specifies that construction materials are considered asbestos-containing if they have more than 0.1% asbestos by weight.
Importantly, it excludes work on asbestos cement pipes outside of buildings from this definition, as long as it doesn’t exceed certain asbestos exposure levels and the workers have completed a specific training program.
Section § 6501.9
If you own or work on commercial or industrial properties, you must check for asbestos before starting any construction or renovation work. This is especially required for buildings constructed before 1978. Contractors should ask the property owner if asbestos is present.
Section § 6502
This law allows a division responsible for workplace safety to issue a permit to an employer if they prove their workplace conditions and practices ensure safety and health for employees. A single permit can also cover multiple projects by the same employer if the safety conditions are similar and the safety program is sufficient. The division can investigate or hold hearings and may require a safety meeting before work begins.
Section § 6503
This law requires a safety conference to involve all relevant parties, such as the owners, contractors, employers, employees, and their representatives. The main purpose of this conference is to discuss the employer's safety program and the methods and equipment that will be used to ensure a safe working environment.
Section § 6503.5
Before starting any job that involves handling asbestos, a safety meeting must be held. This meeting should include the owner or agency responsible for the job, the contractor, the employer, employees, and any employee representatives. During this conference, they must discuss the employer’s safety plan and the specific methods and tools that will be used to ensure a safe work environment.
Section § 6504
If an employer receives a permit under this law, they must display a copy of it where it's easily visible, as required by another law, Section 6408(a).
Section § 6505
This law says that the division can revoke a permit if there is a good reason to do so. Before revoking the permit, they must notify the permit holder and give them a chance to be heard.
Section § 6505.5
This law states that if asbestos-related work is to be done, the responsible employer or contractor must first determine whether asbestos is present in any building built before 1978. Failure to do so can lead to fines or imprisonment. The severity of the penalty depends on whether the violation was knowing, negligent, or willful, with harsher penalties if the violation leads to serious harm. Additionally, if an employer or contractor can prove they made a reasonable effort to check for asbestos, it may serve as a defense against penalty.
Section § 6506
If an employer is denied a permit or has their permit revoked, they can challenge this decision by appealing to the director.
However, just because an employer files an appeal, it doesn't stop the permit from being revoked in the meantime. The director has the authority to put a temporary hold on the revocation during the appeal process, but only if the employer requests it and the division is given a chance to respond.
Section § 6507
This law allows the division to set fees for permits and registrations to cover administrative costs. The money collected from these fees goes into the Occupational Safety and Health Fund.
Section § 6508
This law states that the State of California and its local government entities, like cities, counties, districts, and public utilities regulated by the Public Utilities Commission, do not need to obtain a permit for certain activities.
Section § 6508.5
All governmental and public entities, including state and local levels like counties and public utilities, must register through their chief executive officer. However, they do not have to pay registration fees.
Section § 6509
If someone breaks the rules outlined in this particular chapter, they could be charged with a misdemeanor, which is a type of criminal offense.
Section § 6509.5
This law states that if an asbestos consultant inspects a property due to requirements for a loan or permit, they cannot demand that they also perform any asbestos removal or corrective work as part of the inspection agreement. An asbestos consultant is allowed to inspect and perform corrective work based on findings from other companies or to verify the success of previous corrections done by them.
If a consultant breaks this rule, they could face disciplinary action related to their professional license or be charged with a misdemeanor. Punishment includes fines between $3,000 and $5,000, and/or up to a year in jail. The term 'asbestos consultant' refers to someone who is paid to identify asbestos and assess the need for remedial action.
Section § 6510
If an employer is found to be engaging in activities that require a permit but does not have one, the division can ask a court to order the employer to stop these activities immediately. The division's request to the court, along with proof in an affidavit, allows the court to issue a temporary order to halt the activities without requiring the division to post a bond.