Section § 6500

Explanation

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.

(a)CA Labor Code § 6500(a) For those employments or places of employment that by their nature involve a substantial risk of injury, the division shall require the issuance of a permit prior to the initiation of any practices, work, method, operation, or process of employment. The permit requirement of this section is limited to employment or places of employment that are any of the following:
(1)CA Labor Code § 6500(a)(1) Construction of trenches or excavations that are five feet or deeper and into which a person is required to descend.
(2)CA Labor Code § 6500(a)(2) The construction of any building, structure, falsework, or scaffolding more than three stories high or the equivalent height.
(3)CA Labor Code § 6500(a)(3) The demolition of any building, structure, falsework, or scaffold more than three stories high or the equivalent height.
(4)CA Labor Code § 6500(a)(4) The underground use of diesel engines in work in mines and tunnels.
This subdivision does not apply to motion picture, television, or theater stages or sets, including, but not limited to, scenery, props, backdrops, flats, greenbeds, and grids.
(b)CA Labor Code § 6500(b) On or after January 1, 2000, this subdivision shall apply to motion picture, television, or theater stages or sets, if there has occurred within any one prior calendar year in any combination at separate locations three serious injuries, fatalities, or serious violations related to the construction or demolition of sets more than 36 feet in height for the motion picture, television, and theatrical production industry.
An annual permit shall be required for employers who construct or dismantle motion picture, television, or theater stages or sets that are more than three stories or the equivalent height. A single permit shall be required under this subdivision for each employer, regardless of the number of locations where the stages or sets are located. An employer with a currently valid annual permit issued under this subdivision shall not be required to provide notice to the division prior to commencement of any work activity authorized by the permit. The division may adopt procedures to permit employers to renew by mail the permits issued under this subdivision. For purposes of this subdivision, “motion picture, television, or theater stages or sets” include, but are not limited to, scenery, props, backdrops, flats, greenbeds, and grids.

Section § 6501

Explanation

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.

Any employer subject to Section 6500 shall apply to the division for a permit pursuant to Section 6500. Such application for a permit shall contain such information as the division may deem necessary to evaluate the safety of the proposed employment or place of employment.
An application by an employer shall include a provision that the applicant has knowledge of applicable occupational safety and health standards and will comply with such standards and any other lawful order of the division.

Section § 6501.5

Explanation

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.

Effective January 1, 1987, any employer or contractor who engages in asbestos-related work, as defined in Section 6501.8, and which involves 100 square feet or more of surface area of asbestos-containing material, shall register with the division.
The division may grant registration based on a determination that the employer has demonstrated evidence that the conditions, practices, means, methods, operations, or processes used, or proposed to be used, will provide a safe and healthful place of employment. This section is not intended to supersede existing laws and regulations under Title 8, California Administrative Code, Section 5208.
An application for registration shall contain such information and attachments, given under penalty of perjury, as the division may deem necessary to evaluate the safety and health of the proposed employment or place of employment. It shall include, but not be limited to, all of the following:
(a)CA Labor Code § 6501.5(a) Every employer shall meet each of the following criteria:
(1)CA Labor Code § 6501.5(a)(1) If the employer is a contractor, the contractor shall be certified pursuant to Section 7058.5 of the Business and Professions Code.
(2)CA Labor Code § 6501.5(a)(2) Provide health insurance coverage to cover the entire cost of medical examinations and monitoring required by law and be insured for workers’ compensation, or provide a five hundred dollar ($500) trust account for each employee engaged in asbestos-related work. The health insurance coverage may be provided through a union, association, or employer.
(3)CA Labor Code § 6501.5(a)(3) Train and certify all employees in accordance with all training required by law and Title 8 of the California Administrative Code.
(4)CA Labor Code § 6501.5(a)(4) Be proficient and have the necessary equipment to safely do asbestos-related work.
(b)CA Labor Code § 6501.5(b) Provide written notice to the division of each separate job or phase of work, where the work process used is different or the work is performed at noncontiguous locations, noting all of the following:
(1)CA Labor Code § 6501.5(b)(1) The address of the job.
(2)CA Labor Code § 6501.5(b)(2) The exact physical location of the job at that address.
(3)CA Labor Code § 6501.5(b)(3) The start and projected completion date.
(4)CA Labor Code § 6501.5(b)(4) The name of a certified supervisor with sufficient experience and authority who shall be responsible for the asbestos-related work at that job.
(5)CA Labor Code § 6501.5(b)(5) The name of a qualified person, who shall be responsible for scheduling any air sampling, laboratory calibration of air sampling equipment, evaluation of sampling results, and conducting respirator fit testing and evaluating the results of those tests.
(6)CA Labor Code § 6501.5(b)(6) The type of work to be performed, the work practices that will be utilized, and the potential for exposure.
Should any change be necessary, the employer or contractor shall so inform the division at or before the time of the change. Any oral notification shall be confirmed in writing.
(c)CA Labor Code § 6501.5(c) Post the location where any asbestos-related work occurs so as to be readable at 20 feet stating, “Danger—Asbestos. Cancer and Lung Hazard. Keep Out.”
(d)CA Labor Code § 6501.5(d) A copy of the registration shall be provided before the start of the job to the prime contractor or other employers on the site and shall be posted on the jobsite beside the Cal-OSHA poster.
(e)CA Labor Code § 6501.5(e) The division shall obtain the services of three industrial hygienists and one clerical employee to implement and to enforce the requirements of this section unless the director makes a finding that these services are not necessary or that the services are not obtainable due to a lack of qualified hygienists applying for available positions. Funding may, at the director’s discretion, be appropriated from the Asbestos Abatement Fund.
(f)CA Labor Code § 6501.5(f) Not later than January 1, 1987, the Division of Occupational Safety and Health shall propose to the Occupational Safety and Health Standards Board for review and adoption a regulation concerning asbestos-related work, as defined in Section 6501.8, which involves 100 square feet or more of surface area of asbestos-containing material. The regulation shall protect most effectively the health and safety of employees and shall include specific requirements for certification of employees, supervisors with sufficient experience and authority to be responsible for asbestos-related work, and a qualified person who shall be responsible for scheduling any air sampling, for arranging for calibration of the air sampling equipment and for analysis of the air samples by a NIOSH approved method, for conducting respirator fit testing, and for evaluating the results of the air sampling.
The Division of Occupational Safety and Health shall also propose a regulation to the Occupational Safety and Health Standards Board for review and adoption specifying sampling methodology for use in taking air samples.

Section § 6501.7

Explanation

This law defines "asbestos" as the fibrous forms of certain hydrated minerals, specifically including chrysotile, crocidolite, amosite, fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.

“Asbestos” means fibrous forms of various hydrated minerals, including chrysotile (fibrous serpentine), crocidolite (fibrous riebecktite), amosite (fibrous cummingtonite—grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.

Section § 6501.8

Explanation

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.

(a)CA Labor Code § 6501.8(a) For purposes of this chapter, “asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos.
(b)CA Labor Code § 6501.8(b) For purposes of this chapter, “asbestos containing construction material” means any manufactured construction material that contains more than one-tenth of 1 percent asbestos by weight.
(c)CA Labor Code § 6501.8(c) For purposes of this chapter, “asbestos-related work” does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings, if the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe does not result in asbestos exposures to employees in excess of the action level determined in accordance with Sections 1529 and 5208 of Title 8 of the California Code of Regulations, and if the employees and supervisors involved in the operation have received training through a task-specific training program, approved pursuant to Section 9021.9, with written certification of completion of that training by the training entity responsible for the training.

Section § 6501.9

Explanation

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.

The owner of a commercial or industrial building or structure, employer, or contractor who engages in, or contracts for, asbestos-related work shall make a good faith effort to determine if asbestos is present before the work is begun. The contractor or employer shall first inquire of the owner if asbestos is present in any building or structure built prior to 1978.

Section § 6502

Explanation

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.

The division may issue a permit based on a determination the employer has demonstrated evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. The division may issue a single permit for two or more projects to be performed by a single employer if similar conditions exist on each project and the chief or his representative is satisfied an adequate safety program has been developed for all the projects. The division may, upon its motion, conduct any investigation or hearing it deems necessary for the purpose of this section, and may require a safety conference prior to the start of actual work.

Section § 6503

Explanation

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.

A safety conference shall include representatives of the owner or contracting agency, the contractor, the employer, employees and employee representatives. The safety conference shall include a discussion of the employer’s safety program and such means, methods, devices, processes, practices, conditions or operations as he intends to use in providing safe employment and a safe place of employment.

Section § 6503.5

Explanation

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.

A safety conference shall be held for all asbestos handling jobs prior to the start of actual work. It shall include representatives of the owner or contracting agency, the contractor, the employer, employees, and employee representatives. It shall include a discussion of the employer’s safety program and such means, methods, devices, processes, practices, conditions, or operations as the employer intends to use in providing a safe place of employment.

Section § 6504

Explanation

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).

Any employer issued a permit pursuant to this chapter shall post a copy or copies of the permit pursuant to subdivision (a) of Section 6408.

Section § 6505

Explanation

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.

The division may at any time, upon good cause being shown therefor, and after notice and an opportunity to be heard revoke any permit issued pursuant to this chapter.

Section § 6505.5

Explanation

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.

(a)CA Labor Code § 6505.5(a) The division may, upon good cause shown, and after notice to the employer or contractor by the division and an opportunity to be heard, revoke or suspend any registration issued to the employer or contractor to do asbestos-related work until certain specified written conditions are met.
(b)CA Labor Code § 6505.5(b) Any person who owns a commercial or industrial building or structure, any employer who engages in or contracts for asbestos-related work, any contractor, public agency, or any employee acting for any of the foregoing, who, contracts for, or who begins, asbestos-related work in any commercial or industrial building or structure built prior to 1978 without first determining if asbestos-containing material is present, and thereby fails to comply with the applicable laws and regulations, is subject to one of the following penalties:
(1)CA Labor Code § 6505.5(b)(1) For a knowing or negligent violation, a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both the fine and imprisonment.
(2)CA Labor Code § 6505.5(b)(2) For a willful violation which results in death, serious injury or illness, or serious exposure, a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment. A second or subsequent conviction under this paragraph may be punishable by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
(c)CA Labor Code § 6505.5(c) It is a defense to an action for violation of this section if the owner, contractor, employer, public agency, or agent thereof, proves, by a preponderance of the evidence, that he or she made a reasonable effort to determine whether asbestos was present.

Section § 6506

Explanation

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.

(a)CA Labor Code § 6506(a) Any employer denied a permit upon application, or whose permit is revoked, may appeal such denial or revocation to the director.
(b)CA Labor Code § 6506(b) The filing of an appeal to the director from a permit revocation by the division shall not stay the revocation. Upon application by the employer with proper notice to the division, and after an opportunity for the division to respond to the application, the director may issue an order staying the revocation while the appeal is pending.

Section § 6507

Explanation

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.

The division shall set fees to be charged for permits and registrations in amounts reasonably necessary to cover the costs involved in administering the permitting and registration programs in this chapter. All permit and registration fees collected under this chapter shall be deposited in the Occupational Safety and Health Fund.

Section § 6508

Explanation

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.

No permit shall be required of the State of California, a city, city and county, county, district, or public utility subject to the jurisdiction of the Public Utilities Commission.

Section § 6508.5

Explanation

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.

No entity shall be exempt from registration. The State of California, a city, city and county, county, district, or public utility subject to the jurisdiction of the Public Utilities Commission, shall be required to apply for a registration through the designated chief executive officer of that body. No registration fees shall be required of any public agencies.

Section § 6509

Explanation

If someone breaks the rules outlined in this particular chapter, they could be charged with a misdemeanor, which is a type of criminal offense.

Any person, or agent or officer thereof, who violates this chapter is guilty of a misdemeanor.

Section § 6509.5

Explanation

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.

(a)CA Labor Code § 6509.5(a) If an asbestos consultant has made an inspection for the purpose of determining the presence of asbestos or the need for related remedial action with knowledge that the report has been required by a person as a condition of making a loan of money secured by the property, or is required by a public entity as a condition of issuing a permit concerning the property, the asbestos consultant or any employee, subsidiary, or any company with common ownership, shall not require, as a condition of performing the inspection, that the consultant also perform any corrective work on the property that was recommended in the report.
(b)CA Labor Code § 6509.5(b) This section does not prohibit an asbestos consultant that has contracted to perform corrective work after the report of another company has indicated the presence of asbestos or the need for related remedial action from making its own inspection prior to performing that corrective work or from making an inspection to determine whether the corrective measures were successful and, if not, thereafter performing additional corrective work.
(c)CA Labor Code § 6509.5(c) A violation of this section is grounds for disciplinary action against any asbestos consultant who engages in that work pursuant to any license from a state agency.
(d)CA Labor Code § 6509.5(d) A violation of this section is a misdemeanor punishable by a fine of not less than three thousand dollars ($3,000) and not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than one year, or both.
(e)CA Labor Code § 6509.5(e) For the purpose of this section:
(1)CA Labor Code § 6509.5(e)(1) “Asbestos consultant” means any person who, for compensation, inspects property to identify asbestos containing materials, determining the risks, or the need for related remedial action.
(2)CA Labor Code § 6509.5(e)(2) “Asbestos” has the meaning set forth in Section 6501.7.

Section § 6510

Explanation

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.

(a)CA Labor Code § 6510(a) If, after inspection or investigation, the division finds that an employer, without a valid permit, is engaging in activity for which a permit is required, it may, through its attorneys, apply to the superior court of the county in which such activity is taking place for an injunction restraining such activity.
(b)CA Labor Code § 6510(b) The application to the superior court, accompanied by an affidavit showing that the employer, without a valid permit, is engaging in activity for which a permit is required, is a sufficient prima facie showing to warrant, in the discretion of the court, the immediate granting of a temporary restraining order. No bond shall be required of the division as a prerequisite to the granting of any restraining order.