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California Agricultural Safety

Certificate Program

KNOWING THE LAWS AND

REGULATIONS THAT

CONTROL AGRICULTURAL

SAFETY IN CALIFORNIA

Course 101

Student Workbook

Administered and Presented by:


Certificate Program

Course 101

INTRODUCTION

The instructional objectives of this course are to:

• Introduce students to the laws and regulations that control agricultural safety in California

• Explain the importance knowing how to find, interpret and implement in a safety program

those laws and regulations

• Encourage students to continue with the other courses in the Certificate Program so they

can obtain a rounded knowledge of the essential elements of an effective safety program

• Encourage the students to take advantage of AgSafe and to develop a professional network

within AgSafe and other industry organizations

This course covers the important laws and regulations that all California agricultural employers

must follow to assure the safety of their employees. Many of these regulations are contained in

Title 8 of the California Code of Regulations (CCR), Division of Occupational Safety and Health

(DOSH). Other important regulations are found in Title 3 (Food and Agriculture) of the CCR,

Division 6 (Pesticides and Pest Control Operations).

While the author has strived to ensure the information contained in this guide is accurate and

current, laws and regulations, as well as policies and procedures, are subject to change.

Therefore, you should keep up-to-date on changes in them. Further, you should consult

competent legal counsel when faced with a difficult question.

This publication was compiled for AgSafe from various reference sources by Farm Employers Labor Service (FELS ).®

One such source is the FELS publication Farm Labor Contractor Continuing Education Guide, the pertinent

excerpts of which are licensed by FELS to AgSafe for inclusion in this publication. This publication is designed to

provide current and authoritative information on the subjects covered. It is provided with the understanding that the

publisher is not engaged in rendering medical, legal, accounting or any other professional service. AgSafe believes

the information is correct but assumes no liability for consequential or other damages attendant to the use of this

publication. In no event will the liability of AgSafe for any claim, however designated, exceed this publication’s

purchase price. No claim may be maintained against AgSafe in any tribunal unless written notice of the claim is

delivered to AgSafe within 30 days after its discovery.

Copyright 2013 AgSafe

All Rights Reserved. This publication may not be reproduced in whole or in part

without the express written permission of the copyright owner.


Certificate Program

Course 101

TABLE OF CONTENTS

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

TABLE OF CONTENTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

LAWS & REGULATIONS REGARDING SAFETY IN AGRICULTURE. . . . . . . . . . . . . . . . . . . . . 1

Occupational Safety and Health Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

California’s State Plan - Cal/OSHA.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Division of Occupational Safety and Health (DOSH). . . . . . . . . . . . . . . . . . . . . . . 1

Cal/OSHA Consultation Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

California Occupational Safety and Health Standards Board (Cal/OSHSB). . . . . . 2

California Occupational Safety and Health Appeals Board (Cal/OSHAB).. . . . . . . 2

Commission on Health and Safety and Workers' Compensation (CHSWC).. . . . . 2

Development of Cal/OSHA Regulations and Standards. . . . . . . . . . . . . . . . . . . . . . . . . . 2

Pesticide Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Other Safety Rules.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

SARA - Emergency Planning and Community Right-To-Know Act.. . . . . . . . . . . . 3

Transportation of Hazardous Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Transporting Agricultural Hazardous Material. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Safe Drinking Water and Toxic Enforcement Act of 1986. . . . . . . . . . . . . . . . . . . 5

DOT Alcohol and Drug Testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Transportation/Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Employer Pull Notice (EPN) Program .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Biennial Inspection of Terminals (BIT) Program. . . . . . . . . . . . . . . . . . . . . . . . . . 6

Child Labor.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

HOW TO FIND AGRICULTURAL SAFETY REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

General Safety - Cal/OSHA, CCR, Title 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Pesticide Safety Regulations, CCR, Title 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Housing Regulations, CCR, Title 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Transportation Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Child Labor Laws and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

How to Determine Which Cal/OSHA Safety Orders Apply to Your Operation. . . . . . . . . . 8

ENFORCEMENT AND INSPECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Division of Occupational Safety & Health (DOSH).. . . . . . . . . . . . . . . . . . . . . . . . 9

Department of Pesticide Regulation (DPR). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

AgSafe Agricultural Safety Certificate Program Course 101

Laws and Rules Page iii

California Employment Development Department (EDD). . . . . . . . . . . . . . . . . . 10

California Highway Patrol (CHP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Division of Labor Standards Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Violations and Penalties.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Cal/OSHA Violations, Citations and Penalties.. . . . . . . . . . . . . . . . . . . . . . . . . . 10

Child Labor Citations and Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Housing Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Pesticide Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

SPECIFIC CAL/OSHA RULES THAT APPLY TO AGRICULTURE. . . . . . . . . . . . . . . . . . . . . . . 13

California Labor Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Injury and Illness Reporting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Postings, Notices and Recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Cal/OSHA’s recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Field Sanitation Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Access to Medical and Exposure Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Agricultural - Industrial Tractors (Form S-504). . . . . . . . . . . . . . . . . . . . . . . . . . 13

Operating Rules for Industrial Trucks (Form S-503). . . . . . . . . . . . . . . . . . . . . . 14

Cal/OSHA Forms 300, 300A and 301: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

General Industry Safety Orders (GISO). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Injury and Illness Prevention Program.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Field Sanitation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Weeding, Thinning and Hot-Capping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Heat-Illness Prevention.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Personal Protective Equipment (PPE). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

First Aid and CPR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Cleaning, Repairing, Servicing, and Adjusting Machinery and Equipment. . . . . . 24

Operation of Agricultural Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Transporting of Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Manual Lifting and Carrying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Working at Heights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Mounted Air Compressors and Air Tanks .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Emergency Action Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Fire Prevention Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Access to Medical and Exposure Information .. . . . . . . . . . . . . . . . . . . . . . . . . . 25

Hazard Communication Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Respiratory Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Storage of Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Appendix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Index of CCR Title 8 Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Cal/OSHA Form 300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Cal/OSHA Form 300A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Cal/OSHA Form 301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35


Laws and Rules Page iv

California Commercial Driver License Classes Chart. . . . . . . . . . . . . . . . . . . . . . . . . . . 36

LAWS & REGULATIONS REGARDING

SAFETY IN AGRICULTURE

The instructional objectives of this section are developing your understanding of:

• How safety laws and regulations come to exist

• How are regulations are organized

• The major safety regulations that apply to California agriculture

• The scope of Title 8, California Code of Regulations (CCR),

• How to access the various safety regulations that may affect your operation

Occupational Safety and Health Act

The Occupational Safety and Health Act (OSH Act) is the primary federal law governing

occupational safety and health in the United States. It was enacted by Congress in 1970 and

signed into law on December 29, 1970.

In passing the Act, Congress declared its intent "to assure so far as possible every working man

and woman in the Nation safe and healthful working conditions and to preserve our human

resources."

The Act created the Occupational Safety and Health Administration (OSHA), an agency of the

Department of Labor. OSHA was given the authority to both set and enforce workplace health

and safety standards. The Act also established the National Institute of Occupational Safety and

Health (NIOSH), an independent research institute and part of the Centers for Disease Control

and Prevention within the U.S. Department of Health and Human Services.

Section 5 of the OSH Act contains the "general duty clause," which requires employers to:

• Maintain conditions or adopt practices reasonably necessary and appropriate to protect

employees on the job

• Be familiar and comply with standards applicable to their establishments

• Ensure that employees have and use personal protective equipment when required for

safety and health

OSHA has established regulations for when it may act under the general duty clause.

The Act permits and encourages states to adopt their own occupational safety and health plans.

The state standards and enforcement of them must be at least as effective in providing safe and

healthful employment as under the OSH Act.

California’s State Plan - Cal/OSHA

In 1973 the California Legislature passed a law that created the California Occupational Safety

and Health Administration, often called Cal/OSHA. The law established these agencies:

Division of Occupational Safety and Health (DOSH)

DOSH protects employees from safety hazards through its Cal/OSHA program and provides

consultative assistance to employers.


Laws and Rules Page 2

Cal/OSHA Consultation Service

Cal/OSHA Consultation Service provides workplace safety and health assistance to employers

and employees through onsite assistance and special-emphasis programs, and it publishes a

wide variety of educational materials on workplace safety and health topics.

California Occupational Safety and Health Standards Board (Cal/OSHSB)

Cal/OSHSB, a seven-member body appointed by the Governor, adopts safety and health

standards that provide the basis for Cal/OSHA enforcement.

California Occupational Safety and Health Appeals Board (Cal/OSHAB)

Cal/OSHAB is a three-member, quasi-judicial body appointed by the Governor and confirmed by

the Senate that handles employer appeals of citations issued by Cal/OSHA.

Commission on Health and Safety and Workers' Compensation (CHSWC)

CHSWC is a joint labor-management body created by the workers' compensation reform

legislation of 1993. It is charged with overseeing the health and safety and workers'

compensation systems in California and recommending administrative or legislative

modifications to improve their operation.

Development of Cal/OSHA Regulations and Standards

Cal/OSHSB is the only agency in California authorized to adopt, amend or repeal occupational

safety and health standards and orders, and it does so within the Cal/OSHA program.

Cal/OSHSB aims to adopt reasonable and enforceable standards that are at least as effective

as federal OSHA standards within six months after the issuance of new or revised federal

standards, grants or denies applications for variances from adopted standards, and responds to

petitions for new or revised standards. In addition, Cal/OSHSB maintains standards for

certain areas not covered by federal standards or enforcement, including standards for

pressure vessels."

When the need for rulemaking action has been established, Cal/OSHSB staff develops the

proposed standard changes generally with the assistance and recommendations of an advisory

committee consisting of representatives from industry, labor, the public, and other interested

groups. The proposal is then presented for consideration to the Board itself at one of its monthly

public meetings. The Board is a part-time seven-member body appointed by the Governor with

representation from labor, management, occupational safety, occupational health, and the

general public. The public can receive notice of proposed standards and attend advisory

meetings. To receive Cal/OSHSB announcements, visit www.dir.ca.gov/oshsb/oshsb.html.

Cal/OSHA standards are published in Title 8 of the California Code of Regulations (CCR).

http://www.dir.ca.gov/oshsb/oshsb.html



Pesticide Regulations

Another major group of safety regulations deals with pesticide safety. The Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA) is the federal law governing pesticide regulation. FIFRA

is administered by the federal Environmental Protection Agency (EPA). EPA established the

Worker Protection Standard (WPS) for Agricultural Pesticides, a regulation aimed at reducing

the risk of pesticide poisonings and injuries among agricultural workers and pesticide handlers.

The WPS contains requirements for pesticide safety training, notification of pesticide

applications, use of personal protective equipment, restricted-entry intervals after pesticide

application, decontamination supplies, and emergency medical assistance.

The California Department of Pesticide Regulation (DPR), within the California Environmental

Protection Agency (Cal EPA), has received approval from federal EPA to regulate pesticide

safety in California. DPR issues new or revised pesticide regulations though an administrative

regulatory process. Those regulations are published in Title 3 of the California Code of

Regulations (CCR).

Under its memorandum of understanding with Cal/OSHA, DPR regulates pesticide safety in

California. County Agricultural Commissioners enforce pesticide use in their respective

counties.

Other Safety Rules

California growers are subject to variety of other federal and state regulations. Depending on

the type of your farming operation or type of your facility, you might need to comply with other

laws. For example:

SARA - Emergency Planning and Community Right-To-Know Act: Title III of the Superfund

Amendments and Reauthorization Act (SARA) of 1986 authorized the Emergency Planning and

Community Right-To-Know Act (EPCRA), a law designed to improve community access to

information about chemical hazards and to facilitate the development of chemical emergency

response plans by state and local governments.

EPCRA has four major sections: Emergency Response Planning (sections 301-303);

Emergency Release Notification (section 304); Hazardous Chemical Storage Reporting

Requirements (sections 311-312); and Toxics Release Inventory Program (section 313).

1. Emergency Response Planning: A facility that has present any of the listed extremely

hazardous substances in a quantity equal to or greater than its threshold planning quantity is

subject to the emergency planning requirements. In addition, the State Emergency

Response Commission (SERC) or the Governor can designate additional facilities, after

public comment, to be subject to these requirements. Covered facilities, including

agricultural establishments and agribusinesses, must notify the SERC and Local Emergency

Planning Committee (LEPC) that they are subject to these requirements within 60 days after

they begin to have present any of the extremely hazardous substances in an amount equal



to or in excess of threshold planning quantities.

2. Emergency Release Notification: Facilities, including agricultural establishments and

agribusinesses, must immediately notify the LEPCs and the SERCs likely to be affected if

there is a release into the environment of a hazardous substance that exceeds the

reportable quantity for that substance. Substances subject to this requirement are those

extremely hazardous substances listed in Appendices A and B to Part 355 of Title 40 of the

Code of Federal Regulations (CFR), as well as the more than 700 hazardous substances

subject to the emergency notification requirements under the Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA) (Section 101(14); see list in 40 CFR

302.4). Some chemicals are common to both lists. Releases of CERCLA hazardous

substances also require notification to the National Response Center (NRC), which alerts

federal responders.

Any person in charge of a "facility" (e.g., an agricultural establishment or agribusiness) must

notify EPA's National Response Center of any non-permitted release of any CERCLA

hazardous substance above threshold amounts. A release could be to any environmental

media including atmosphere, soil, surface water, or groundwater. This requirement does not

apply to the normal application of a pesticide product registered under FIFRA or to the

proper handling and storage of such a product by an agricultural producer.

3. Hazardous Chemical Storage Reporting Requirements: There are two Community

Right-To-Know reporting requirements within the EPCRA. Section 311 applies to facilities

that must prepare, or have available, material safety data sheets (MSDS) under

Occupational Safety and Health Administration (OSHA) regulations. These facilities must

submit either copies of their MSDSs or a list of MSDS chemicals to the LEPC, the SERC,

and the local fire department with jurisdiction over the facility.

Hazardous chemicals used in routine agricultural operations or a fertilizer held for resale by

a retailer are excluded.

4. Toxic Release Inventory Program: EPCRA section 313 requires manufacturing facilities

(included in SIC codes 20 through 39) to submit an annual toxic chemical release report if

they have 10 or more employees and manufacture, process, or use specified chemicals in

amounts greater than threshold quantities.

Transportation of Hazardous Materials: The U.S. Department of Transportation has the

authority to regulate the transportation of hazardous materials under the Hazardous Materials

Transportation Act (HMTA).The hazardous materials regulations are applicable to the

transportation of hazardous materials in commerce.

Transporting Agricultural Hazardous Material: A Hazardous Agricultural Materials Certificate

(HAM) under California Vehicle Code section 12804.2 is required by persons who transport

agricultural hazardous material or waste without a commercial license. Individuals who are

qualified for the HAM certificate are exempt from the Hazardous Materials endorsement



requirement normally required to transport hazardous materials or waste.

To qualify, applicants must meet the commercial driver medical standards under Vehicle Code

section 12804.9, or be capable of compensating for any medical disability, and complete

specialized training approved by the CHP. They must also meet the exemption criteria listed

below:

• Applicant is hauling hazardous waste or transporting a load that requires placards.

• Applicant is at least 21 years old.

• Applicant is employed in an agricultural operation.

• Applicant is operating a vehicle that is an implement of husbandry or requires a Class 3/C

driver license and the vehicle is controlled (owned or leased) or operated by a farmer.

• Applicant is not traveling more than 50 miles from one point to another.

• Applicant submits a completed Health Questionnaire (form DL 546) and a HAM program

form.

Safe Drinking Water and Toxic Enforcement Act of 1986: Proposition 65, the Safe Drinking

Water and Toxic Enforcement Act of 1986, was a ballot measure enacted in November 1986.

The purpose of Proposition 65 is to protect citizens and the drinking-water sources of California

from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform

citizens about exposures to such chemicals.

Businesses, including employers, must provide a "clear and reasonable" warning before

knowingly and intentionally exposing anyone to a listed chemical. This warning can be given by

a variety of means, such as by labeling a consumer product, posting signs at the workplace,

distributing notices at a rental housing complex, or publishing notices in a newspaper. Once a

chemical is listed on the "Governor’s List," businesses have 12 months to comply with warning

requirements.

Proposition 65 requires the Governor to publish, at least annually, a list of chemicals known to

the state to cause cancer or reproductive toxicity.

See http://oehha.ca.gov/prop65/background/p65plain.html for more information.

DOT Alcohol and Drug Testing: The Federal Motor Carrier Safety Administration's (FMCSA)

regulations require alcohol and drug testing of drivers required to have a commercial driver’s

license. The specific drug and alcohol testing regulations are published in title 49 of the Code of

Federal Regulations, Part 382.

California Vehicle Code section 34520 also regulates the testing of specific drivers. Drivers

operating vehicles that require a commercial driver's license (class A, class B, or a class C with

a hazardous materials endorsement) must be tested for alcohol and controlled substances

according to the federal regulations. The employer of the driver is responsible for conducting a

"controlled substances and alcohol testing" program that includes pre-employment testing,

post-accident testing, random testing, and reasonable suspicion testing. See

www.dot.ca.gov/hq/traffops/trucks/ops-guide/alcohol-drugs.html for more information.

http://oehha.ca.gov/prop65/background/p65plain.html

http://www.dot.ca.gov/hq/traffops/trucks/ops-guide/alcohol-drugs.html



Housing: Certain types of employee housing are regulated under the Migrant and Seasonal

Agricultural Worker Protection Act (MSPA), enforced by the United States Department of Labor,

and under the California Employee Housing Act, enforced by the California Department of

Housing and Community Development or, in some counties, by a local agency.

Transportation/Vehicles The transportation of employees is regulated under the MSPA,

enforced by the United States Department of Labor, and the California Vehicle Code, enforced

by the California Highway Patrol.

The Employer Pull Notice (EPN) Program was established to provide employers and regulatory

agencies with a means of promoting driver safety through the ongoing review of driver records.

The California Vehicle Code requires employers to enroll Class A and B drivers into the

program. See http://dmv.ca.gov/vehindustry/epn/epngeninfo.htm.

The California Commercial Motor Vehicle Safety Act of 1988, commonly referred to as the

Biennial Inspection of Terminals (BIT) Program, was enacted by the California Legislature in

response to a growing number of truck-related collisions on California’s highways. Primarily, the

intent is to ensure every truck terminal throughout the state is regularly inspected by the

California Highway Patrol (CHP), thereby creating a level field for all motor carriers statewide.

See www.chp.ca.gov/publications/pdf/chp800h.pdf.

Child Labor: The health and safety of minors are regulated under the federal Fair Labor

Standards Act, enforced by the United States Department of Labor, and the California

Education Code and the California Labor Code, enforced by the California Division of Labor

Standards Enforcement (Labor Commissioner).

In addition to federal and state rules, local ordinances might also affect your operation.

Therefore, you should become familiar with your local ordinances as well.

http://dmv.ca.gov/vehindustry/epn/epngeninfo.htm

http://www.chp.ca.gov/publications/pdf/chp800h.pdf



HOW TO FIND AGRICULTURAL SAFETY REGULATIONS

Here is a summary of the places where you can locate most regulations that apply to your

safety program:

General Safety - Cal/OSHA, CCR, Title 8• Internet address: www.dir.ca.gov/samples/search/query.htm

• In addition to searching for regulations at the above address, the Cal/OSHA Standards

Board has an index of the safety orders located at www.dir.ca.gov/title8/index/T8index.asp.

• Cal/OSHA has another useful resource, the Division of Occupational Safety and Health -

Policy and Procedure Manual. As it sounds, this body of documents gives guidance to

Cal/OSHA inspectors when conducting a worksite inspection. It is located at

www.dir.ca.gov/samples/search/querypnp.htm

Pesticide Safety Regulations, CCR, Title 3• Internet address: www.cdpr.ca.gov/docs/legbills/calcode/chapter_.htm

Housing Regulations, CCR, Title 25• Internet address: www.hcd.ca.gov/codes/eh/ehregst25.htm

• The U.S. Department of Labor has specific housing rules under the Migrant and Seasonal

Agricultural Worker Protection Act.

• Internet address: edocket.access.gpo.gov/cfr_2006/aprqtr/20cfr654.404.htm

Other information is available at: www.dol.gov/WHD/mspa/index.htm

Transportation Regulations• Transporting Agricultural Chemical (HazMat) - California Vehicle Code:

• Internet address: dmv.ca.gov/pubs/vctop/d06/vc12804_2.htm

• Transporting Employees - California Vehicle Code:

• Internet address: dmv.ca.gov/pubs/vctop/vc/tocd11c12a1.htm

• U.S. Department of Labor also has employee transportation rules under the Migrant and

Seasonal Agricultural Worker Protection Act.

• Internet address: edocket.access.gpo.gov/cfr_2006/aprqtr/20cfr654.404.htm

Child Labor Laws and Regulations• U.S. Department of Labor Internet address: www.dol.gov/elaws/esa/flsa/cl/default.htm

• California DLSE Internet address: www.dir.ca.gov/dlse/childlaborpamphlet2000.html

• California Dept. of Education Internet address: www.cde.ca.gov/ci/ct/we/wpfaq.asp

The above references do not offer every law or regulation that might apply an agricultural

operation. However, these references provide access to most laws and regulations that a typical

operation will encounter. By far, Cal/OSHA regulations are the primary body of rules a safety

coordinator typically encounters. For that reason, this course focuses on Cal/OSHA Safety

Orders. An index of the Cal/OSHA regulations that affect agriculture is located at the end of this

course. See page 29.

http://www.dir.ca.gov/samples/search/query.htm

http://www.dir.ca.gov/title8/index/T8index.asp

http://www.dir.ca.gov/samples/search/querypnp.htm

http://www.cdpr.ca.gov/docs/legbills/calcode/chapter_.htm

http://www.hcd.ca.gov/codes/eh/ehregst25.htm

http://edocket.access.gpo.gov/cfr_2006/aprqtr/20cfr654.404.htm

http://www.dol.gov/WHD/mspa/index.htm

http://law.onecle.com/california/vehicle/12804.2.html

http://dmv.ca.gov/pubs/vctop/d06/vc12804_2.htm

http://dmv.ca.gov/pubs/vctop/vc/tocd11c12a1.htm

http://edocket.access.gpo.gov/cfr_2006/aprqtr/20cfr654.404.htm

http://www.dol.gov/elaws/esa/flsa/cl/default.htm

http://www.dir.ca.gov/dlse/childlaborpamphlet2000.html

http://www.cde.ca.gov/ci/ct/we/wpfaq.asp



These references were valid when this course was written. The Internet is constantly changing,

and the above Internet addresses can also change over time. Accordingly, you should develop

basic Internet search skills by using Internet search engines such as Google, Yahoo and Bing,

to mention only a few examples.

How to Determine Which Cal/OSHA Safety Orders Apply to Your Operation

To determine the safety regulations that apply to your operation, it is helpful to understand some

basic rules.

First, the General Industry Safety Orders (GISO) found in Title 8 of the CCR apply to all

California employers. An example of this principle is the requirement to implement a written and

effective Injury and Illness Prevention Program (GISO § 3203). Standards such as these are

referred to as horizontal standards because they apply across all industries.

Next, certain safety orders apply only to specific industries. These are called vertical standards.

Agricultural operations are covered by 20 vertical standards. They are grouped together under

Article 13 (§§ 3436 - 3457) of Title 8 of the CCR.

Cal/OSHA considers the activity and not the general nature of an employer's business to

determine if a vertical or horizontal standard applies. Thus, the vertical standards for the

construction industry apply to agricultural employees doing construction work. A vertical

standard always takes precedence over a horizontal standard. However, if a vertical standard

does not cover an activity, you must check to see if an applicable horizontal standard or another

vertical standard covers the same activity.

In agriculture for example, the vertical standard GISO § 3439(b) refers to having at least one

employee trained in emergency first aid for every 20 employees at remote locations. But the

horizontal standard GISO § 3400(b) further defines the first aid training as equivalent to that of

the American Red Cross or the Mining Enforcement & Safety Administration. GISO § 3400(b)

also adds the requirement for facilities to counter exposures to injurious corrosive materials.

Both types of standards must be followed.

After reviewing industry specific standards, check for standards that apply to specific operations

such as welding, work in confined spaces, or ladders. Many standards are in this category.

Businesses using chemicals that may expose an employee to a hazardous substance need to

implement a hazard communication program (GISO § 5194). Many employers need this

program as many ordinary products such as fertilizers and cleaning agents are classified as

hazardous.

Additional regulations apply to businesses that use any of 27 comprehensively regulated

substances, including cotton dust, asbestos, lead, and benzene (GISO §§ 5190-5220).

Finally, companies using pesticides must comply with Title 3 regulations for agricultural worker

safety.



ENFORCEMENT AND INSPECTIONS

Numerous state and federal agencies enforce employment laws. These agencies, in most

cases, not only write regulations that interpret and implement statutes, but also enforce their

regulations by receiving complaints from employees and conducting inspections.

Inspections are usually initiated by one of three events: a compliant, a serious accident, or a

programed inspection. The best way to pass an inspection is to be prepared for it. Make sure

inspection and training logs are current and be in compliance with applicable laws and

regulations.

Listed below are the primary agencies that may inspect your operation. Each one has the

authority to take access to places of employment and has the legal right to inspect company

records–by warrant or subpoena if necessary. If the inspection is being conducted without any

warning, which is usually the case, you can request time to clear your schedule to meet with the

inspector. The inspector will usually give you from 30 minutes to an hour to arrange your

schedule. While you can initially refuse access, the inspector will probably return in a relatively

short period of time with an administrative search warrant and "an attitude" that will likely prompt

the inspector to leave no stone unturned and prolong the inspection.

Here are the primary agencies that might inspect your operation in relation to employment laws

and regulations:

• The Division of Occupational Safety & Health (DOSH) works to improve safety and health in

the workplace through standards enforcement, consultation assistance, and training

programs. In addition to its scheduled inspections of high-risk workplaces, DOSH

investigates worksite fatalities, serious injuries or illnesses, and complaints about hazards

on the job. The Cal/OSHA Enforcement Unit enforces workplace safety and health

regulations. DOSH is authorized to conduct workplace inspections to enforce occupational

safety and health standards. Every workplace covered by Cal/OSHA may be subject to

these inspections, which are conducted by DOSH safety engineers and industrial hygienists

from district offices throughout California. Complaint, referral and accident investigations, as

well as scheduled compliance inspections, are conducted by the district offices.

The DOSH Bureau of Investigations (BOI), which determines criminal violations, is required

to investigate accidents involving violations of standards, orders or special orders where

there is a fatality, serious injury, or illness to five or more employees, or a request for

prosecution from the division's civil compliance staff. BOI also reviews the inspection reports

regarding violations where serious injury or exposure occurred.

• The Department of Pesticide Regulation (DPR) is vested with primary authority through the

U.S. Environmental Protection Agency to enforce federal and state laws pertaining to the

proper and safe use of pesticides. DPR’s enforcement of pesticide use in the field is largely

carried out in California’s 58 counties by County Agricultural Commissioners (CACs) and

their inspector/biologists.



• The California Employment Development Department (EDD): As California's largest tax

collection agency, EDD also handles the audit and collection of payroll taxes and maintains

employment records for California workers.

• The California Highway Patrol (CHP): Every truck terminal throughout the state is inspected

by the California Highway Patrol (CHP) under the California Commercial Motor Vehicle

Safety Act of 1988, commonly referred to as the Biennial Inspection of Terminals (BIT)

Program. The inspections determine if motor carriers are complying with Motor Carrier

Safety regulations particularly with regard to the legal requirement to maintain commercial

motor vehicles according to a scheduled (i.e., preventive) maintenance program.

• The Division of Labor Standards Enforcement, commonly called the Labor Commissioner's

office, is primarily responsible for the enforcement of the state's minimum labor standards.

The Labor Commissioner's office enforces the state's mandatory workers' compensation

insurance requirement, child-labor laws, wage deduction statement requirement and

unlicensed contractor requirements.

• The U.S. Department of Labor's Wage & Hour Division promotes compliance with labor

standards. The Wage & Hour Division is responsible for the administration and enforcement

of a wide range of laws that collectively cover virtually all private, state and local government

employment. The Division has authority to inspect places of employment in regard to wage

and hour laws, employee housing and transportation, child labor and farm labor contractors,

to mention just a few areas. In total, the U.S. Department of Labor administers and enforces

more than 180 federal laws.

Violations and Penalties

Each set of laws and regulations has its own procedures to cite violations and assess penalties.

Here is a summary of the various laws and how the enforcing agency treats violations.

Cal/OSHA Violations, Citations and Penalties: If an investigation shows an employer violated

a safety and health standard or order, the Division of Occupational Safety and Health will issue

a citation. Each citation specifies a date by which the violation must be abated. A notice, which

carries no monetary penalty, may be issued in lieu of a citation for certain non-serious

violations.

Citations carry penalties of up to $7,000 for each regulatory or general violation and up to

$25,000 for each serious violation. Additional penalties of up to $7,000 per day for regulatory or

general violations and up to $15,000 per day for serious violations may be proposed for each

failure to correct a violation by the abatement date shown on the citation. A penalty of no less

than $5,000 nor more than $70,000 may be assessed to an employer who willfully violates any

occupational safety and health standard or order. The maximum civil penalty that can be

assessed for each repeat violation is $70,000. A willful violation that causes death or permanent

impairment of the body of any employee results, upon conviction, in a fine of not more than

$250,000, or imprisonment up to three years, or both; if the employer is a corporation or limited



liability company, the fine may not exceed $1.5 million.

An employer who receives a citation, Order to Take Special Action, or Special Order must post

it prominently at or near the place of the violation for three working days or until the unsafe

condition is corrected, whichever is longer, to warn employees of danger that may exist there.

Any employee may protest the time allowed for correction of the violation to the Division of

Occupational Safety and Health or the Occupational Safety and Health Appeals Board.

A Cal/OSHA regulation, found in title 8 CCR section 336, describes in detail the method in

which the agency assesses penalties. Here is an Internet link to this regulation:

www.dir.ca.gov/title8/336.html

Child Labor Citations and Penalties: Citations may be issued for violations.

• Under California law a "Class A" citation is issued for violations of Labor Code sections

1292, 1293, 1293.1, 1294, 1294.1, 1308, or 1392, and for other violations that present an

imminent danger to minor employees, or a substantial probability that death or serious

physical harm would result therefrom. A civil penalty of at least $5,000 and up to $10,000 is

imposed for each Class A violation.

• A "Class B" citation is issued for violations of Labor Code sections 1290, 1299, 1308.5 and

for others that have a direct or immediate relationship to the health, safety, or security of

minor employees. A civil penalty of at least $500 and up to $1,000 is imposed for each

Class B violation.

These penalties may be imposed on a landowner who knowingly benefits from child-labor

violations, regardless of whether the landowner is the minor's employer.

The federal Fair Labor Standards Act (FLSA) gives the U.S. Department of Labor (DOL) the

authority to investigate possible violations of its provisions, including the power to examine an

employer's records and to interview employees to determine if the employer is in compliance

with the FLSA. An investigator will explain any violations to the employer and seek agreement

for future compliance. But DOL also may take any of the following actions:

• Assess civil money penalties up to $11,000 for each employee who is the subject of a child-

labor violation. In addition, the FLSA permits an assessment of up to $50,000 for each

violation that causes the death or serious injury of a minor; such assessments may be

doubled, up to $100,000, when the violations are determined to be willful or repeated.

• Seek an injunction in the Federal Courts. The FLSA authorizes U.S. District Courts to stop

violations of the FLSA's requirements, such as the employment of children in violation of the

hazardous occupations orders or payment of the minimum wage or overtime.

• Initiate criminal action in the Federal Courts. In the case of a willful violation of the child-

labor rules, the FLSA provides for a fine up to $10,000. For a second offense committed

after the conviction for a prior offense, a person can also be imprisoned for not more than

six months.

http://www.dir.ca.gov/title8/336.html



• Take a "hot goods" action in the Federal Courts. Section 12(a) of the FLSA provides that no

producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods

produced in an establishment in the U.S. in or about which oppressive child labor was

employed within 30 days before the goods were removed. Under these provisions, legal

action could be taken to prevent an employer from shipping his or her product, if child labor

violations have occurred within the past 30 days.

Housing Penalties: Penalties for violating the state Employee Housing Act are extremely

harsh. Violators are subject to civil and criminal penalties, including fines and imprisonment.

Depending on the circumstances, they range from a minimum civil penalty of $300 and, for a

continuous repeat violation, go up to $6,000 per day. Criminal penalties range from $2,000 to

$6,000 and imprisonment of up to 180 days, or both. Violators also must pay the other party's

reasonable costs and attorney's fees. A repeat violator may even be ordered to be confined for

up to one year in the employee housing at issue and to pay up to $2,000 for a guard to enforce

and monitor the confinement! H & S Code §§17061-17061.9.

A civil fine of up to $1,000 may be imposed for each violation of the federal Migrant and

Seasonal Agricultural Worker Protection Act's housing provisions. 29 USC §1853(a).

Pesticide Penalties: The Department of Pesticide Regulation (DPR) and the county agricultural

commissioners take administrative enforcement actions for different types of violations:

• DPR can revoke or suspend the license of companies and individuals that do pest control

work, sell pesticides, or advise on pest control in California.

• DPR can levy administrative penalties on companies and individuals who sell unregistered

or misbranded pesticide products, fail to pay required fees on pesticide sales, or pack and

sell produce with illegal pesticide residue.

• The county agricultural commissioner’s office, as the primary county agency that enforces

pesticide-use laws and regulations, can levy administrative penalties for those violations.

They also have the authority to revoke or suspend the registration of companies and

individuals who do business in their counties. The fine range for each class of violation is:

(1) Class A: $700 to $5,000.

(2) Class B: $250 to $1,000.

(3) Class C: $50 to $400.

DPR can also take civil court enforcement actions through the California Attorney General’s

Office for any violation of pesticide laws. DPR and commissioners can also refer pesticide-use

violations for criminal prosecution.

A Department of Pesticide Regulation regulation, found in title 3 CCR section 6128, describes in

detail the penalties and how they are assessed. Here is an Internet link to this regulation:

www.cdpr.ca.gov/docs/legbills/calcode/010301.htm#a6128

http://www.cdpr.ca.gov/docs/legbills/calcode/010301.htm#a6128



SPECIFIC CAL/OSHA RULES THAT

APPLY TO AGRICULTURE

This course is not intended to cover every rule that applies to a typical agriculture operation.

Rather, it covers the safety requirements that typically apply to agricultural operations.

California Labor Code

Injury and Illness Reporting: An employer must file with the Division of Labor Statistics and

Research or its workers’ compensation insurer a report of every occupational injury or illness

that either results in lost time beyond the date of injury or illness or requires medical treatment

beyond first aid. (Labor Code § 6409.1.) This report must be filed within five days after the

employer learns of the injury or illness. A death or serious injury or illness (i.e., requiring

hospitalization for more than 24 hours other than for purposes of observation) must be reported

to DOSH by telephone or telegraph within eight hours after the employer knows or should have

known of the death or illness. (8 CCR §§ 330(h) & 342.)

Employers must maintain in each establishment a log of all recordable occupational injuries and

illnesses for that establishment.

Postings, Notices and Recordkeeping

Here are the primary requirements for postings, notices and recordkeeping:

1 A poster in English and Spanish, Safety and Health Protection on the Job, describing the

Cal/OSHA program may be obtained from the Department of Industrial Relations and must

be posted.

2 Employers covered by Cal/OSHA’s recordkeeping requirements (i.e., those with more than

10 employees at any time during the last calendar year) must record injuries and illnesses,

and must post each year an annual summary of work-related Injuries and Illnesses. See the

next subsection, Cal/OSHA Forms 300, 300A and 301 starting on page 14, 18, for more

information on Cal/OSHA Forms 300, 300A and 301.

3 Field laborers must be informed of the location of Field Sanitation Facilities and of good

hygiene practices. (8 CCR § 3457(c)(4).)

4 The poster Access to Medical and Exposure Records must be posted if the employer

maintains medical records for employees. (8 CCR § 3204.) Form S-11 may be used for this

requirement.

5 The poster Agricultural - Industrial Tractors (Form S-504) must be posted at a place

frequented by tractor drivers. (8 CCR § 3664(b).)



6 The poster Operating Rules for Industrial Trucks (Form S-503) must be posted at a place

frequented by truck or industrial tow tractor drivers. (8 CCR § 3664(a).)

7 Containers of Handwashing Water for agricultural hand laborers must be posted with a

sign stating the water is only for handwashing purposes. (8 CCR § 3457(c)(3)(G)4.)

Cal/OSHA Forms 300, 300A and 301: Employers with more than 10 employees at any time

during the last calendar year must keep Cal/OSHA records.

These records must be kept on a calendar-year basis and retained for at least five years:

1. Cal/OSHA Form 301, Injury and Illness Incident Report, must be completed for every

injury or illness requiring medical treatment but not mere first aid. Labor Code section 5041

defines “first aid” as any one-time treatment of minor scratches, cuts, burns, splinters, or

other minor industrial injury. As such, first aid neither causes the employer to record the

injury nor triggers the need for an Employee Claim form or Employer's First Report form.

If a physician or other medical technician renders first aid and later performs a follow-up

observation of it, the injury is still considered to be within the first-aid exception. But if the

second visit results in further treatment, then the injury must be recorded.

2. Cal/OSHA Form 300, Log of Work-Related Injuries and Illnesses, is completed with

information from Form 301. Cal/OSHA Form 300A, Summary of Work-Related Injuries

and Illnesses, must be posted in a conspicuous place in the workplace during the months

of February through April every year. An employer who in the last calendar year never

employed more than 10 employees does not need to keep or post Cal/OSHA injury and

illness records.

Additional Recordkeeping Requirements: In addition to keeping records of occupational

injuries and illnesses, an employer must allow employees or their representatives access to the

employer's log of occupational injuries and illnesses and to accurate records of employee

exposure to potentially toxic substances or harmful physical agents.

GISO section 3203 requires employers to maintain records that document compliance with that

regulation's requirements to maintain an effective written injury and illness prevention program.

Employers with fewer than 10 employees are exempt from certain record requirements. Here is

a summary of the recordkeeping requirements in section 3203(b):

Records of the steps taken to implement and maintain the program 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 must be maintained for

three years.



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. These must be maintained for three years.

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 employee's job assignment when first hired or assigned

new duties.

Exception No. 2: Training records of employees who have worked for less than one year for

the employer need not be retained beyond the term of employment if they are provided to

the employee upon termination of employment.

General Industry Safety Orders (GISO)

Here are some major Cal/OSHA regulations known as General Industry Safety Orders (GISO):

Injury and Illness Prevention Program: Every employer in California must establish,

implement and maintain an effective written injury and illness prevention program (IIPP).

Because of the importance of this requirement, a separate course is devoted to the subject.

Field Sanitation: Agricultural employers must provide toilet and handwashing facilities and

drinking water where one or more employees are performing hand-labor operations. A farm

labor contractor is generally liable for failing to provide field sanitation facilities to the farm labor

contractor’s employees.

Alternative Compliance: An agricultural employer may meet the field sanitation facility

requirements specified below by providing transportation to the facilities only where at least one

of these three conditions applies:

1. Employees are performing field work for less than two hours (including transportation time to

and from the field);

2. Fewer than five employees are engaged in hand-labor operations on any given day; or

3. Employees are not engaged in hand-labor operations.

Agricultural operations not involving hand-labor must comply with title 8, Calif. Code of Regs.,

§§3360-3368 (sanitation facilities in permanent places of employment).

Drinking Water Requirements: Potable drinking water must be provided during working hours

at locations readily accessible to all employees. Access to the water must always be permitted.

The water must be fresh, pure, cool, and in sufficient amounts to meet the needs of all



employees.

Drinking water containers must be constructed of materials that maintain water quality. They

must have a faucet, fountain, or other device to draw the water.

The water must be dispensed in single-use drinking cups or by fountains. "Common-use" (i.e.,

shared) cups or dippers are not permitted unless they are cleaned and sterilized between uses.

Toilet and Handwashing Facilities: A fixed or portable facility designed to collect and contain

the products of both defecation and urination must be provided. It must be supplied with toilet

paper adequate to employee needs. It may be a biological, chemical, flush or combustion toilet

or sanitary privy.

Separate toilet facilities for each sex must be provided for each 20 employees or fraction

thereof. One handwashing facility must be provided for each 20 employees or fraction thereof.

When fewer than five employees are working, separate toilet rooms for each sex are not

required, as long as toilet rooms can be locked from the inside and contain at least one water

closet.

Urinals may be installed instead of water closets in toilet rooms to be used only by men, as long

as the number of water closets is at least two-thirds the minimum number of toilet facilities.

Toilet and handwashing facilities must meet these standards:

1. Toilet facilities must be screened.

2. Toilet and handwashing facilities must be ventilated and have self-closing doors, lockable

from the inside, and otherwise be constructed to ensure privacy.

3. Toilet facilities must have an area of at least 8 square feet, with a minimum width of 2½ feet

for each toilet seat. A facility must have a minimum area of 10 square feet, with a minimum

width of 2½ feet, when a urinal is included. Sufficient additional space must be included if

handwashing facilities are within the facility.

4. The waste water tank on chemical toilets must be constructed of durable, easily-cleanable

material and be able to hold at least 40 gallons. It must be constructed to prevent splashing

on the occupant, field, or road.

5. The handwashing water tank must be able to hold at least 15 gallons.

6. Units housing toilet and handwashing facilities must be rigidly constructed. Their inside

surfaces must be of nonabsorbent material, smooth, readily cleanable, and finished in a light

color.

7. Water flush toilets and handwashing facilities must conform to title 24, Calif. Code of Regs.,

Part 5, Calif. Plumbing Code.

Location: Toilet and handwashing facilities must be accessibly located near each other. They

must be within a ¼-mile walk or five minutes of employees, whichever is less. Exception: Where

due to terrain it is not feasible to locate facilities that close to employees, they must be located

at the point closest to vehicular access.



Maintenance Standards: The employer must service and maintain potable drinking water, toilet

and handwashing facilities in accordance with appropriate public health sanitation practices,

including the following:

Drinking water containers must be regularly cleaned, refilled daily or more often as necessary,

and covered and protected to prevent persons from dipping the water by hand or otherwise

contaminating it.

Toilet facilities must always be operational, clean, sanitary, and in good repair. Written records

of service and maintenance must be kept for at least two years.

Toilet paper must be provided in a suitable holder in each toilet unit.

Effective odor control and solid-liquefying chemicals must be used in chemical toilet waste

holding tanks.

Contents of chemical tanks must be disposed of by draining or pumping into a sanitary sewer,

an approved septic tank of sufficient capacity to handle the wastes, a suitably sized and

constructed holding tank approved by the local health department, or by any other method

approved by the local health department.

Privies must be moved to a new site or taken out of service when the pit is filled to within 2 feet

of the adjacent ground surface. The pit contents must be covered with at least 2 feet of well-

compacted dirt when the privy is removed.

Handwashing facilities must meet these standards:

1. Pure, wholesome, and potable water must be available for handwashing.

2. Handwashing facilities must be refilled with potable water as necessary.

3. Soap or other suitable cleansing agent and single-use towels must be provided.

4. Signs stating that the water is only for handwashing must be posted.

5. Handwashing facilities must be provided at or near the toilet unit.

6. Handwashing facilities must be clean and sanitary.

Notice to Employees: The employer must notify each employee of the location of the sanitation

facilities and potable water and allow each employee reasonable opportunities during the

workday to use them. The employer must ensure that employees use the sanitation facilities

and inform each employee of the importance of these good hygiene practices to minimize

exposure to the hazards in the field of heat, communicable diseases, retention of urine, and

agrichemical residues:

1. Use the water and facilities provided for drinking, handwashing, and elimination;

2. Drink water frequently, especially on hot days;

3. Urinate as frequently as necessary;

4. Wash hands both before and after using the toilet; and



5. Wash hands before eating and smoking.

Required Reports: An employer cited under this section must provide to Cal/OSHA annually

for a period of five years after the final order on a citation a declaration giving this information:

the estimated peak number of employees; the toilet, handwashing, and drinking water facilities

to be provided; and any rental and maintenance agreement related to these requirements.

Weeding, Thinning and Hot-Capping (GISO section 3456): Employees may not use tools to

weed, thin or hot-cap in a stooped, kneeling or squatting position, and they may not engage in

unnecessary hand weeding, hand thinning and hand hot-capping in those positions.

Specifically:

1. Employees may not weed, thin or hot-cap in a stooped, kneeling or squatting position using

either:

a. Short-handled tools (i.e., ones with handles less than 48 inches long) or

b. Long-handled tools (i.e., ones with handles at least 48 inches long).

2. Employees may not hand weed, hand thin or hand hot-cap in a stooped, kneeling or

squatting position unless at least one of the following applies:

a. The employer can show that doing the task by hand is necessary because there is no

readily available reasonable alternative means (e.g., a long-handled tool) suitable and

appropriate to the production of the commodity (i.e., presumably, so the task could be

done while standing).

b. Hand weeding, hand thinning and hand hot-capping is only occasional or intermittent

and incidental to a non-hand weeding operation; this includes both non-weeding

operations (e.g., irrigating or harvesting) and weeding operations where employees are

generally standing while using long-handled tools. To be "occasional or intermittent," the

time devoted to doing the task by hand must be limited to 20% of an employee's weekly

work time.

c. The commodity plants being weeded, thinned or hot-capped:

i. were spaced less than 2 inches apart when planted;

ii. are growing in a field or greenhouse registered as organic with the county

Agricultural Commissioner;

iii. are seedlings; or

iv. are horticultural plants growing in tubs or planter containers with openings of 15

inches or less.



3. If a condition stated in item 2.a. or 2.c. above applies, then employees engaged in hand

weeding, hand thinning or hand hot-capping get another 5 minutes on top of the 10-minute

rest period they are allowed by law for every 4 hours worked or major fraction thereof (i.e.,

their rest-break time is 15 minutes instead of 10 minutes).

4. Employees engaged in hand weeding, hand thinning or hand hot-capping must be supplied

with gloves and kneepads as may be necessary and with training in accordance with

existing Injury and Illness Protection Program guidelines.

Heat-Illness Prevention (GISO section 3395): Employers must provide outdoor employees

with drinking water, access to shade, and heat-illness training.

Drinking Water: Where the supply of water is not plumbed or otherwise continuously supplied,

an employer must either have on hand one quart of drinking water per hour per employee at the

start of a shift or show that procedures were in place to replenish the water supply to enable

each employee to drink that much water. Additionally, and in combination with the requirements

for drinking water under the field sanitation standard (see page 9 above):

1. Drinking water must be

a. Fresh, pure and suitably cool

b. As close to employees as practicable

c. Readily accessible by employees

d. Dispensed by fountain or in single-use cups

2. The drinking-water container must be

a. Constructed of materials that maintain water quality

b. Provided with a faucet, fountain or other device suitable for drawing the water

c. Regularly cleaned

d. Refilled as necessary

e. Kept covered and protected

3. Employees must be encouraged to drink water frequently

Shade: An employer must provide employees with one or more areas of cooling shade as

follows:

1. When the temperature exceeds 85 °F: Shade must be present for at least 25% of a crew's

employees so they can sit fully in shade in a normal posture without touching each other.

2. When the temperature is 85 °F or less: Timely access to shade must be provided upon an

employee's request.

3. The shaded area(s) must be as close as practicable to work areas.

4. Employees feeling they need to cool down to protect themselves from overheating must be

allowed and encouraged to rest in shade for no less than 5 minutes.

5. By showing it is infeasible or unsafe to have shade continuously present, an employer may

use alternative procedures for providing access to shade that provide equivalent protection.

6. Except for employers in the agriculture industry, a cooling measure other than shade (e.g.,

use of misting machines) may be provided in lieu of shade if the employer can demonstrate

the measure is at least as effective as shade in allowing employees to cool.



High-Heat Procedures (When the temperature is 95 °F or more):

1. An employer must implement high-heat procedures, including to the extent practicable:

a. Ensuring effective communication so employees can contact their supervisor when

necessary;

b. Observing employees for alertness and signs or symptoms of heat illness;

c. Reminding employees throughout the work shift to drink plenty of water; and

d. Closely supervising a new employee for the first 14 days of employment

Exception: Close supervision is not required if an employee when hired indicates he

was doing similar outdoor work for at least 10 of the past 30 days for 4 or more hours

per day

Training: Before starting work that should reasonably be anticipated to result in exposure to the

risk of heat illness, employees (including supervisors) must be provided with effective training in

these required topics on ways to avoid heat illness and steps to take if it occurs:

1. The environmental risk factors for heat illness

2. The personal risk factors for heat illness

3. The importance of:

a. Frequently drinking small amounts of water

b. Acclimatization

c. Immediately reporting to their employer or supervisor symptoms or signs of heat illness

in themselves or co-workers

4. The different types of heat illness and its common signs and symptoms

5. The employer's procedures for:

a. Complying with the heat-illness standard's requirements

b. Responding to possible heat illness, including how emergency medical services (EMS)

will be provided

c. Contacting an EMS provider and, if necessary, for moving employees to where the EMS

provider can reach them

d. Ensuring the EMS provider will receive good directions to the worksite

Before supervising employees performing work that should reasonably be anticipated to result

in exposure to the risk of heat illness, a supervisor must be provided with effective training in

required topics including

1. The procedures the supervisor is to follow to implement the standard's applicable provisions

2. The procedures the supervisor is to follow when an employee exhibits symptoms consistent

with possible heat illness, including emergency response procedures

3. How to monitor weather reports and respond to hot-weather advisories

Written Procedures: An employer must have written compliance and emergency procedures

for complying with each requirement of this standard and must make it available upon request

to employees and Cal/OSHA inspectors.

Personal Protective Equipment (PPE): Several Cal/OSHA standards cover PPE. Here are

some that apply to agricultural jobs:



Section 3380 – Personal Protective Devices: While there are few job-specific PPE

requirements, the underlying principle is “performance based.” Performance-based standards

are standards that require an employer to evaluate the task and the type of exposure expected

and, based on the evaluation, determine the injuries likely to befall an employee and take

measures to control the hazard by using one or more of three methods, in this order of

precedence:

1. Engineering controls (e.g., machine guards)

2. Administrative controls (e.g., training)

3. PPE (e.g., safety glasses)

Take, for example, pruners. While no specific regulation pertains to employees who prune

vineyards or orchards, eye protection for them may be required. If, upon considering the

potential hazards of branches and flying debris that may contact and injure pruners’ eyes

(because fully effective engineering or administrative controls cannot be implemented), an

employer might determine that eye protection for them is necessary to control the hazard.

Section 3380 provides: Protection where modified by the words head, eye, body, hand, or foot

means the safeguarding obtained by means of safety devices and safeguards of the proper type

for the exposure and of such design, strength and quality as to eliminate, preclude or mitigate

the hazard.

PPE must be distinctly marked so as to facilitate identification of the manufacturer.

The employer must assure the employee is instructed and uses PPE in accordance with the

manufacturer's instructions.

The employer must assure that all PPE, no matter whether provided by the employer or

employee, complies with applicable standards.

The employer shall assure PPE is maintained in a safe, sanitary condition.

PPE must be of such design, fit and durability as to provide adequate protection against the

hazards for which they are designed.

PPE must be reasonably comfortable and not unduly encumber the employee's movements

necessary to perform his work.

Section 3381 – Head Protection: The question of helmets for ATV operators was answered in a

letter from Cal/OSHA. In that letter, then-Chief of Cal/OSHA, Dr. John Howard, noted: “The

ATV's are covered in two sets of regulations. The first regulation is Article 13, Agricultural

Operations, in §§ 3437, 3440, and 3441 as Ground-Driven Components and/or Self-Propelled

Agricultural Equipment. The second regulation set is in Articles 25 and 27 concerning various

types of vehicles where §3650(c), Industrial Trucks, General, deals best with the ATV. The

referenced ANSI/ASME B56.8-1988 Safety Standard for Personnel and Burden Carriers

addresses ‘any personnel carrier that does not exceed 35 miles per hour’ and lays out a



required comprehensive safe-driving program. None of these regulations require helmet use.

However, §3441(a) requires mandatory comprehensive training in the use and handling of

operating agricultural equipment. In addition, Section 3203(a), Injury and Illness Prevention

Program (IIPP), requires implementation of an effective IIPP. Implementation of these

programs may require the use of a hard hat or helmet to prevent injury depending on the

usage of the ATV.” (Emphasis added.)

Cal/OSHA Consultation Manager David Bare conveyed the same observations. However, he

noted that Cal/OSHA evaluates each situation to determine the potential for injuries and the use

of appropriate PPE for that situation – applying, in essence, a performance-based standard,

which Bare believed would generally require that ATV operators wear helmets. Bare gave two

reasons for his conclusion:

First, the state requires motorcycle drivers to wear helmets while on public roads and property.

Second, ATV manufacturers in their owner's manuals recommend the use of helmets. Because

both the state and ATV manufacturers believe that helmets are important safety devices,

Cal/OSHA reasons that a strong correlation exists between their use and the prevention of

serious head injury if an were to accident occur.

Section 3381 provides: Employees working in locations where they risk receiving head injuries

from flying or falling objects and/or electric shock and burns shall wear approved head

protection. When head protection is required, the employer shall ensure that approved

protective helmets are selected and used in accordance with their demonstrated resistance to

impact and electrical hazards.

Each approved protective helmet shall bear the original marking required by the ANSI standard

under which it was approved. At a minimum, the marking shall identify the manufacturer, ANSI

designated standard number and date, and ANSI designated class of helmet.

Where they risk injury from hair entanglements in moving parts of machinery, combustibles or

toxic contaminants, employees shall confine their hair to eliminate the hazard.

Section 3382, Eye and Face Protection, provides: Employees working in locations where they

risk receiving eye injuries such as punctures, abrasions, contusions, or burns due to contact

with flying particles, hazardous substances, projections, or injurious light rays that are inherent

in the work or environment shall be safeguarded by means of face or eye protection. Suitable

screens or shields isolating the hazardous exposure may be considered adequate safeguarding

for nearby employees.

The employer shall provide and ensure that employees use protection suitable for the exposure.

Where exposed to injurious light rays, the shade of lens to use in any instance shall be selected

in accordance with a chart titled “Filter Lens Shade Numbers for Protection Against Radiant

Energy.”



Required eye protection for employees requiring vision correction shall be provided by safety

spectacles with suitable corrected lenses, safety goggles designed to fit over spectacles, or

protective goggles with corrective lenses mounted behind the protective lenses.

Employees may not wear contact lenses in working environments having harmful exposure to

materials or light flashes, except where special, medically approved precautionary procedures

have been established for the protection of the exposed employee.

Section 3383, Body Protection, provides: Body protection may be required for employees

whose work exposes parts of their body, not otherwise protected as required by other PPE

orders, to hazardous or flying substances or objects.

Clothing appropriate for the work being done shall be worn. Loose sleeves, tails, ties, lapels,

cuffs, or other loose clothing that can be entangled in moving machinery shall not be worn.

Clothing saturated or impregnated with flammable liquids, corrosive substances, irritants or

oxidizing agents shall be removed and shall not be worn until properly cleaned.

Section 3384, Hand Protection, provides: Hand protection shall be required for employees

whose work involves unusual and excessive exposure of hands to cuts, burns, harmful physical

or chemical agents or radioactive materials which are encountered and capable of causing

injury or impairments. Hand protection, such as gloves, shall not be worn where there is a

danger of the hand protection becoming entangled in moving machinery or materials. Wrist

watches, rings, or other jewelry should not be worn while working with or around machinery with

moving parts in which such objects may be caught, or around electrically energized equipment.

Section 3385(a), Foot Protection, provides: “Appropriate foot protection shall be required for

employees who are exposed to foot injuries ... or who are required to work in abnormally wet

locations.” Cal/OSHA officials have informally stated that this means that milkers, for example,

must wear waterproof footwear when working on milking-barn floors with inadequate drainage.

Accordingly, dairy operators need to provide and maintain rubber “slip-on” shoe covers, rubber

boots, or similar waterproof footwear for milkers who work in barns with floors so wet that their

feet would become wet if not protected by waterproof footwear.

Similarly, employers should provide and maintain protective footwear for employees, such as

irrigators, who work in other types of abnormally wet locations.



First Aid and CPR (GISO section 3439)—At least one person trained in administering

emergency first aid must be provided for every 20 workers. However, if the field is within 15

minutes of a medical-care facility, then trained first-aid personnel and a safety communication

system are not required.

Cleaning, Repairing, Servicing, and Adjusting Machinery and Equipment, including

Unjamming Pneumatic Cutters and Conveyor Belts (Lockout/Tagout) (GISO section

3314)—Each year many employees die or are seriously injured on the job because they did not

follow proper lockout/tagout procedures.

• Whenever employees adjust, clean, or repair equipment, the employer must meet all the

requirements of section 3314, including employee training. Field equipment includes such

machines as mobile harvesting platforms and pneumatic cutters for broccoli or cauliflower.

• When machinery or equipment is stopped, the power source should be de-energized and,

when required, the moveable parts should be mechanically blocked or locked out to prevent

inadvertent movement.

• To minimize the hazards of movement, the employer should require the use of extension

tools (extended swabs, brushes, scrapers, or other methods).

• To obtain a free copy of the lockout/tagout procedures, contact your nearest Cal/OSHA

Consultation Office. This publication is also available in Spanish.

Operation of Agricultural Equipment (GISO section 3441)—An employee shall be instructed

in the safe operation and servicing of all equipment that the employee is assigned to operate.

• All guards must be kept in place when a machine or tractor is in operation.

• Only operators and other persons required for instruction or assistance are permitted to ride

on agricultural equipment.

• When servicing, adjusting, cleaning, or unclogging the equipment, stop the engine,

disconnect the power source, and wait for all machine movement to stop.

• Before starting the engine, engaging power, or operating the machine, make sure that

everyone is clear of the machinery.

• Lock out electrical power before performing maintenance on agricultural equipment.

• All self-propelled equipment, including tractors, must have an operator at the controls when

the vehicle is in motion. (See section 3441(b) for exception.)

• The driver is prohibited from climbing onto or down from the tractor while it is operating.

Transporting of Employees (GISO sections 3701 & 3702)—Only licensed drivers of the

appropriate class shall operate a farm labor truck or bus. Trucks or buses should have at least a

46-inch-high rail or enclosure on the sides and back of the vehicle to prevent falls. The vehicle

should also be equipped with handholds, steps, stirrups, or similar devices arranged for the safe

mount and dismount of employees.

Manual Lifting and Carrying: Techniques to Avoid Musculoskeletal Injuries—Agricultural

employees have a high risk of back injury. Long hours of heavy lifting, carrying, bending, and

stooping can lead to back pain or serious injury. Employees should be trained on proper lifting

procedures.



Working at Heights (GISO section 3210)—Guardrails shall be provided on working surfaces

more than 30 inches above the floor, ground, or other working surface. Guardrails, toeboards,

and stair rails must comply with GISO sections 3209, 3210 and 3214.

Mounted Air Compressors and Air Tanks (GISO section 4070)—Any exposed v-belts must

be guarded. A permit for pressure vessels is required if the tank is larger than 1.5 cubic feet or

has more than 150 psi.

Emergency Action Plan (GISO section 3220)—Employers are generally not required to have a

written Emergency Action Plan. However, if you do have one, it should tell the employees what

to do in the event of fire and other emergencies. The plan should be kept at the workplace and

made available for employee review. This section applies to maintenance shops and fixed

structures. Identify the location of the following items on your escape plan:

• First-aid kits

• Posted emergency numbers

• Pipeline valves

• Main water valve

• Fire extinguishers

• Emergency eye wash

• Backup communication

• Alarm system switches

• Chemical storage areas

• Are there any critical operations or unique hazards?

Fire Prevention Plan (GISO section 3221)—Employers are not required to have a fire plan

(except in lieu of Section 6151(a)). However, employees should be told of any potential fire

hazards of materials to which they are exposed. If you have fewer than 10 employees, oral

instruction is sufficient. This section applies to maintenance shops and fixed structures.

Employees should be informed of the following:

• Safe use of welding and cutting torches

• Proper storage of flammable or combustible liquids

• Dangers of using damaged electrical cords

• Storage of oily rags in enclosed metal containers

• Dangers created by smoking and other open flames

• Importance of bonding and grounding to eliminate static charge

• Classification of flammable storage and fueling areas

• Posted warning signs prohibiting sources of ignition

• Location of fire extinguishers or other apparatuses (specify)

• Initial training, then follow-up training each year if employees are expected to use a fire

extinguisher

Access to Medical and Exposure Information (GISO section 3204)—Each employer shall

inform current employees of the existence, location, and availability of their medical and

workplace exposure records. Tell your employees the name of the person responsible for

maintaining and providing access to these records.



Hazard Communication Program (GISO section 5194)—You must maintain and develop a

written program that gives employees information about hazardous substances to which they

may be exposed at the workplace. Employee training must include:

• Material Safety Data Sheets (MSDS), reports/records, and information on use of hazardous

substances such as pesticides, cleaning agents, fuel, and oil in an accessible location for

employee review. (Have the information available to take to a doctor in the event of a

chemical reaction or chemical contact.)

• Location of the employer’s list of the hazardous substances that employees use in their work

• List of Material Safety Data Sheets (MSDS)

• Purpose of the MSDS (to describe the substance(s), the hazardous properties of the

substance(s), and protective measures for safe use)

The state Department of Pesticide Regulation and the Worker Protection Standard require a

completed Pesticide Safety Information Series leaflet A-8 or A-9 to be displayed in an

appropriate location.

Respiratory Protection (GISO section 5144)—If the employer provides negative-pressure

respirators, then a written respirator program must be developed and implemented. A respirator

program is not required when disposable paper dust masks are provided for nose and mouth

protection from nuisance dust. However, the employer must evaluate the levels of airborne

contaminants when reasonably expected to go above the permissible exposure limit (PEL). The

employer must always ensure that no employee is exposed over the PEL. The use of

respirators is one way to protect employees from these kinds of exposure. Respiratory

protection should be worn when:

• It is clearly impractical to remove dusts, fumes, mists, vapors, or gases at the source; or

• Emergency protection against occasional or brief exposures is needed.

In addition:

• Employees exposed to such hazards shall use respiratory equipment approved by the Mine

Safety and Health Administration (MSHA) or by the National Institute for Occupational

Safety and Health (NIOSH).

• Employees shall be instructed and trained in the need for and the use, sanitary care, and

limitations of such equipment.

• Respirators for emergency use shall be inspected monthly and sanitized after each use.

If employees use negative-pressure air purifying respirators for any reason, the employer

must meet all the requirements of Section 5144. Please call the Cal/OSHA Consultation Service

for advice when overexposure to contaminants is suspected.

Storage of Hazardous Substances (GISO section 5164)—Substances that react violently,

evolve into toxic vapors or gases, have oxidizing components, or have high levels of

flammability, explosiveness, or other dangerous properties shall be separated from each other

in storage by distance, partition, or other means to prevent accidental contact.

For specific information on pesticide use, contact the office of your county Agricultural



Commissioner. Cal/OSHA does not regulate pesticide application.

Hearing Conservation: exposure; testing, and analysis

Ergonomics standard (GISO section 5110)

• Two or more Repetitive Motion Injuries, diagnosed by physician, 50% job related, within 12

months

• Evaluation, exposure control, employee training

Tractor Roll Over Protection (ROP):

• All tractors after 10/26/76, except:

" Orchards, hops, vineyards, inside barns and greenhouses, when used with mountable

equipment incompatible with ROPs , and stationary power units, e.g., pumping units.

• Seat belts



Appendix

Index of CCR Title 8 Regulations .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Cal/OSHA Form 300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Cal/OSHA Form 300A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Cal/OSHA Form 301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

California Driver License Classes Chart. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36



Index of CCR Title 8 RegulationsAffecting Agricultural Employers

Subchapter 2.Regulations of the Division of Occupational

Safety and Health

Article 2. Advance Notice of Inspections

§ 331. Advance Notice.

§ 331.4. Arrangement for Inspection.

Article 1. Employer's Obligation to Provide Information to

Employees

§ 340. Contents and Posting Requirements of CAL/OSHA

Notice.

§ 340.2.Notification to Employee of Exposure Required.

Article 2. Permits-Excavations, Trenches, Construction and

Demolition

§ 341. Permit Requirements.

Article 3. Reporting Work-Connected Injuries

§ 342. Reporting Work-Connected Fatalities and Serious

Injuries.

Subchapter 1. Unfired Pressure Vessel Safety Orders

Article 1. Scope of These Orders

§ 450. Application of the Unfired Pressure Vessel Safety

Orders.

Article 3. Air Tanks

§ 461. Permits to Operate.

§ 462. Field Inspections and Reports.

§ 465. Safety Devices and Systems.

§ 466. Repairs and Alterations.

Article 5. LP-Gas Systems

§ 470. Permit to Operate.

§ 472. Charging LP-Gas Vessels.

§ 476. Location and Installation of Underground Tanks.

§ 477. Installation of Aboveground Storage Tanks.

§ 489. Warning Signs.

§ 492. Use of Tanks and Cylinders of Less than 60 U.S.

Gallons

Article 6. Anhydrous Ammonia

§ 500. Approval of Devices.


§ 503. Portable Tanks.

§ 506. Installation of Tanks Mounted on Farm Machinery.

Article 7. Compressed and Liquefied Natural Gas System


Article 10. Safe Practices

§ 560. Safe Practices.

Subchapter 2 Boiler and Fired Pressure Vessel Safety Orders

Article 1. Scope of These Orders

§ 750. Application of Boiler and Fired Pressure Vessel

Safety Orders.

§ 751. Boilers and Fired Pressure Vessels Not Subject to

These Orders.

§ 752. Variances.

Subchapter 5. Electrical Safety Orders

Article 2. Administration

§ 2305.1. Purpose.

§ 2305.2. Application.

§ 2305.3. Variances.

Article 3. Work Procedures

§ 2320.1. General.

§ 2320.2. Energized Equipment or Systems.

§ 2320.3. Tests.

§ 2320.4. De-Energized Equipment or Systems.

§ 2320.5 Energizing (or Re-Energizing) Equipment or

Systems.

§ 2320.6. Accident Prevention Tags.

§ 2320.7. Safety Precautions.

Article 37. Provisions for Preventing Accidents Due to

Proximity to Overhead Lines

§ 2946. Provisions for Preventing Accidents Due to

Proximity to Overhead Lines.

§ 2947. Warning Signs Required.

Article 38. Line Clearance Tree Trimming Operations

§ 2950. Application.

Subchapter 7. General Industry Safety Orders

§ 3200. Purpose.

§ 3201. Title.


§ 3203. Injury and Illness Prevention Program.

§ 3204. Access to Employee Exposure and Medical

Records.

§ 3207. Definitions.

Article 2. Standard Specifications.

§ 3210. Elevated Locations.

§ 3213. Service Pits and Yard Surface Openings.

§ 3215. Means of Egress.

§ 3216. Exit Signs.

§ 3219. Maintenance of Exits.

§ 3220. Emergency Action Plan.

§ 3221. Fire Prevention Plan.

§ 3225. Access to Exits.

§ 3276. Use of Ladders.

§ 3278. Portable Wood Ladders.

§ 3279. Portable Metal Ladders.

Article 7. Miscellaneous Safe Practices

§ 3301. Use of Compressed Air or Gases.

§ 3303. Flying Particles or Substances.

§ 3305. Misuse of Oxygen Prohibited.



§ 3314. Cleaning, Repairing, Servicing and Adjusting Prime

Movers, Machinery and Equipment.

§ 3319. Fueling.


§ 3321. Identification of Piping.

§ 3325. Tire Inflation Equipment.

§ 3326. Servicing Single, Split and Multi-Piece Rims or

Wheels.

§ 3328. Machinery and Equipment.

§ 3337. Dock Plates and Loading Ramps.

§ 3338. Pallets.

Article 8. Labor Camps

§ 3350. Labor Camp Permits.

§ 3360. Scope and Application (Sanitation)

Article 9. Sanitation


§ 3362. General Requirements.

§ 3363. Water Supply.

§ 3364. Sanitary Facilities.

§ 3365. Toilet Rooms.

§ 3366. Washing Facilities.

§ 3367. Change Rooms.

§ 3368. Consumption of Food and Beverages.

Article 10. Personal Safety Devices and Safeguards

§ 3380. Personal Protective Devices.

§ 3381. Head Protection.

§ 3382. Eye and Face Protection.

§ 3383. Body Protection.

§ 3384. Hand Protection.

§ 3385. Foot Protection.

§ 3386. Jewelry

§ 3387. Sanitation.

§ 3388. Safety Belts and Life Lines.

§ 3390. Protection from Electric Shock.

§ 3395 Heat-Illness Prevention

§ 3400. Medical Services and First Aid.

Article 12. Tree Work, Maintenance or Removal

§ 3420. Scope and Definition.

§ 3421. General.

§ 3422. Tree Workers' Saddles.

§ 3423. Electrical Hazards, General.

§ 3424. Mobile Equipment.

§ 3425. Portable Power Hand Tools.

§ 3426. Hand Tools.

§ 3427. Safe Work Procedures.

§ 3428. Operating Rules.

Article 13. Agricultural Operations



§ 3438. Communications.

§ 3439. First-Aid Kit.

§ 3440. Agricultural Equipment.

§ 3441. Operation of Agricultural Equipment.

§ 3442. Horizontal Rotary Spreaders.

§ 3444. Beet Trucks.

§ 3445. Choppers.

§ 3446. Conveyors and Elevators.

§ 3447. Vegetable-Trimming Saws.

§ 3448. Water Hazards.

§ 3450. Formulation and Application of Restricted

Materials.

§ 3451. Decontamination of Equipment Used for Restricted

Materials.

§ 3452. Aircraft Crop Dusting and Spraying.

§ 3453. Applicator Rigs, Tanks, and Vessels Used for

Fertilizer,

§ 3454. Sheepshearing.

§ 3455. Metal Fruit Picking Poles.

§ 3456. Weeding, Thinning and Hot-Capping

§ 3457. Field Sanitation.

Article 17. Engines and Compressors

§ 3511. Governor.

§ 3512. Valve Gears.

§ 3513. Flywheel Speed.

§ 3518. Air Compressors.

Article 19. Automotive Lifts


§ 3542. General.

§ 3543. Marking Required.

§ 3544. Control Mechanism for Hydraulic Lifts.

§ 3545. Oil Measurement.

§ 3546. Air, Oil Tank Construction and Installation.

§ 3547. Working Area Under Lifts.

§ 3548. Chassis and Axle Supports.

§ 3549. Maintenance.

Article 20. Hand and Portable Powered Tools and Equipment


§ 3556. General.

§ 3557. Switches and Controls for Portable Tools.

§ 3559. Pneumatic and Powder-Actuated Tools.

§ 3559. Airless Spray Guns.

§ 3562. Jacks.

§ 3563. Power Lawn Mowers.

§ 3564. Portable Winches.

Article 21.Use, Care, and Protection of Abrasive Wheels

§ 3575. Scope and Definitions.

§ 3576. General Machine Requirements.

§ 3577. Protection Devices.

Article 24. Elevating Work Platforms and Aerial Devices


§ 3640. Maintenance and Repairs.

§ 3641. Orchard Man-Lifts (Pruning Tower).



Article 25. Industrial Trucks, Tractors Haulage Vehicles, and

Earthmoving Equipment


§ 3651. Agricultural and Industrial Tractors.

§ 3653. Seat Belts.

§ 3654. Deflector Guards.

§ 3655. Overhead Guards for High-Lift Rider Trucks.

§ 3657. Elevating Employees With Lift Trucks.

§ 3658. Operator Platforms.

§ 3659. Back Guards.

§ 3660. Rated Capacity.

§ 3661. Brakes and Warning Devices.

§ 3662. Internal Combustion Engines.

§ 3663. Maintenance of Industrial Trucks.

§ 3664. Operating Rules.

§ 3665. Wheel Guards.

§ 3666. Haulage Vehicles and Earthmoving Equipment.

Article 27. Transportation of Employees and Materials


§ 3701. Licensing of Drivers.

§ 3702. Transporting Employees.

§ 3703. Riding Loads.

§ 3704. Securing Loads.

§ 3705. Cab Protection.

§ 3706. Truck Warning Device.

§ 4000. Process Machine Power Control.

§ 4001. Machine Power Control.

§ 4002. Moving Parts of Machinery or Equipment.

Article 45. Belt and Pulley Drives

§ 4070. Guarding.

Article 74. Cotton Gins and Seed Cotton Processing

Machines

§ 4640. Saws.

§ 4641. Gin Stands, Main Drive and Miscellaneous Drives.

§ 4642. Elevated Platforms and Transmission Enclosures.

§ 4643. Power Drives.

§ 4644. Warning Device.

§ 4645. Bale.

§ 4646. Burr Machines.

§ 4647. Screw Conveyors.

Article 76. Compressed Gas and Air Cylinders

§ 4650. Storage, Handling, and Use of Cylinders.

Article 80. Purpose and Definitions

§ 4794. Purpose.

Article 81. General

§ 4799. Training of Operators and Instructions.

Article 85. Service Piping for All Gases

§ 4826. Testing.

§ 4827. Painting and Signs.

Article 88. Fire Prevention in Welding and Cutting Operations

§ 4848. Fire Prevention and Suppression Procedure.

Article 90. Electric Welding, Cutting and Heating

§ 4850. General.

§ 4851. Arc Welding and Cutting.

Article 107. Dusts, Fumes, Mists, Vapors and Gases

§ 5139. Purpose.

§ 5141. Control of Harmful Exposure to Employees.

§ 5144. Respiratory Protective Equipment.

Article 108. Confined Spaces

§ 5156. Scope and Definitions.

§ 5157. Operating Procedures and Employee Training.

Article 109. Hazardous Substances and Processes

§ 5160. Scope and Application.


§ 5162. Emergency Eyewash and Shower Equipment.

§ 5164. Storage of Hazardous Substances.

§ 5166. Cleaning, Repairing, or Altering Containers.

§ 5167. Equipment and Processes Involving Hazardous

Substances.

§ 5177. Spontaneously Combustible Material.

§ 5178. Grain Handling Facilities.

§ 5185. Changing and Charging Storage Batteries.

§ 5193. Bloodborne Pathogens.

§ 5194. Hazard Communication.

Appendix A to Section 5194

Appendix B to Section 5194

Appendix C to Section 5194

Appendix D to Section 5194

Appendix E to Section 5194

# 12201. Definitions.

# 12502. Exposure to a Listed Chemical in Drinking

Water.

# 12601. Clear and Reasonable Warnings.

# 12701. General.

# 12703. Quantitative Risk Assessment.

# 12705. Specific Regulatory Levels Posing No

Significant Risk.

# 12707. Routes of Exposure.

# 12709. Exposure to Trace Elements.

# 12711. Levels Based on State or Federal Standards.

# 12721. Level of Exposure to Carcinogens.

# 12801. General.

# 12803. Assessment.

# 12805. Specific Regulatory Levels: Reproductive

Toxicants.

# 12821. Level of Exposure to Reproductive Toxicants.

# 12901. Methods of Detection.

Article 111. Fumigation

§ 5221 Fumigation: General.

§ 5222. Fumigation in Vaults and Chambers.

Article 135. General

§ 5417. Flammable Liquids-General.



§ 5420. Tanks, Vats and Containers Containing Flammable

Liquids.

Article 136. Dip Tanks

§ 5427. Ventilation.

§ 5431. Liquids Used in Dip Tanks, Storage and Handling.

§ 5432. Electrical and Other Sources of Ignition.

§ 5433. Operations and Maintenance.

§ 5434. Fire Protection.

§ 5435. Dip Tank Covers.

Article 141. Container and Portable Tank Storage

§ 5531. Scope.

Group 25. Federal Regulations

Article 150. Scope

§ 6000. Scope.

Article 151. OSHA Standards

§ 6003. Accident Prevention Signs.

Article 157. Portable Fire Extinguishers

§ 6151. Portable Fire Extinguishers.

Article 161. Fixed Extinguishing Systems, Dry Chemical

§ 6180. Fixed Extinguishing Systems; Dry Chemical.



Cal/OSHA Form 300



Cal/OSHA Form 300A



Cal/OSHA Form 301



California Commercial Driver License Classes Chart

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