1. How does Cal-OSHA Develop Regulations? and Cal-OSHA’s New Regulations
Alex Miller ARM, OHST

2. Cal-OSHA Regulations § 1 § 2 What is a Regulation?
Where does it’s authority come from?
How are they developed, and
Where can I find them?
§ 2
What new regulations have been passed recently?
What new regulations might be out there on the horizon?

3. Regulations vs. Laws Laws Regulations
Created by statutes that originate from legislative bills.
Originally introduced by either the California or Federal Congress.
They are where regulations get their authority.
Regulations
Regulations are standards generated by an governmental agency created by the Executive branch, (in our case here Cal-OSHA, but includes EPA, MSHA, etc.),
They have the force of law.
There is a specific procedure that must be followed to pass.
In California, regulations must be approved by the Office of Administrative Law.

4. Regulations vs. Laws Laws Regulations
The section of the Labor Code that applies to Cal-OSHA, (Section ) was created by the California Occupational Safety and Health Act of 1973.
Provides Cal-OSHA jurisdiction over, “every employment and place of employment in this state”, (Labor Code §6307).
Regulations
Located in the California Code of Regulations, Title VIII

5. Regulatory Authority Where does Cal-OSHA get it’s Authority over us?
Essentially, from us the people
Through our elected representatives both here in California, and in Washington D.C.

6. Cal-OSHA vs. Fed-OSHA Fed-OSHA
Passed the Williams-Steiger Occupational Safety and Health Act of 1970, signed by Richard Nixon
Led to the establishment of the;
Occupational Safety and Health Administration (OSHA),
National Institute of Occupational Safety and Health (NIOSH), and
Occupational Safety and Health Review Commission

7. Cal-OSHA vs. Fed-OSHA Fed-OSHA
Section 2 of the OSH Act - Congressional Findings and Purpose
(a) The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.
(b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, 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 

8. Cal-OSHA vs. Fed-OSHA Cal-OSHA
Fed-OSHA encourages states to develop their own plans, so……..
California Legislature determined the state should have control of it’s own.
Passed the California Occupational Safety and Health Act of 1973
“…is hereby enacted for the purpose of assuring safe and healthful working conditions for all California working men and women by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health.”
There are restrictions, through…
Will only provide only as much as 50% of the funding for the state plan
Must be at least as effective (ALAE) as the federal OSHA program
Other administrative requirements such as federal reporting and monitoring

9. Cal-OSHA Regulations
Now that we have shown you all of these regulations,
Where did they come from,
Who develops them, and
Can we have any influence at all over any of them?

10. Cal-OSHA Standards Board
The mission of the Occupational Safety & Health Standards Board is to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for California workers.
The Standards Board's objective is to adopt reasonable and enforceable standards at least as effective as federal standards.
It is the only agency in the State authorized to adopt occupational safety and health standards or orders.
All regulatory changes, through are subject to specific legal standards and approval by the Office of Administrative Law (OAL).
The part-time, independent board holds monthly meetings throughout California
Your Standard’s board

11. Cal-OSHA Standards Board
The Occupational Safety & Health Standards Board is the standards-setting agency within the Cal/OSHA program.
Seven-member body
Appointed by the Governor
Respond to petitions for new or revised standards
The responsibility to grant or deny applications for variances

12. Cal-OSHA Standards Board
You have a right to petition
Contents of petitions
All regulatory changes are subject to specific legal standards and approval by the Office of Administrative Law (OAL).
No specific form or format required 
May be made orally or in writing at the Board's Public Meeting or,
May be submitted in writing to the Board at any time

13. Cal-OSHA Standards Board
You have a right to petition
Procedure for granting or denial of petition
The proposal is assigned a petition file number and referred to the Division of Occupational Safety and Health for evaluation, then
Board staff will thereafter develop a proposed decision for consideration by the Board at one of its business meetings,
Cal-OSHA will recommend passage or denial of your proposed regulation
A decision to grant or deny the petition will be made by the Board within six months from the date it was received.

14. Proposed Regulations
These are regulations that are in the process of being passed by the Cal-OSHA Standards Board…

15. Proposed Regulations Proposed Regulation Status
Section 3207 and 3212 Fall Protection for Work Around Skylights
Notice of Rulemaking: Jul. 31, 2015
Public Hearing: Sep. 17, 2015
Section 3273(d) Working Area Catwalk Exception
Notice of Rulemaking: Dec. 4, 2015
Public Hearing: Jan. 21, 2016
New Section 3342 Workplace Violence Prevention in Health Care
Notice of Rulemaking: Oct. 30, 2015
Public Hearing: Dec. 17, 2015
Section 5155 Airborne Contaminants-Wood Dust and Western Red Cedar
Notice of Rulemaking: Mar 4, 2016
Public Hearing: Apr. 21, 2016
New Section Process Safety Management for Petroleum Refineries'
Notice of Rulemaking: Jul. 29, 2016
Public Hearing: Sep. 15, 2016

16. Recently Approved Regulations
These are regulations that have been passed by the Cal-OSHA Standards Board…

17. Recently Approved Regulations
Status
Effective
Sections 1514 and 3380 Personal Protective Devices and Safeguards
Filed with Secretary of State: Dec. 1, 2014
Apr. 1, 2015
Sections , 5155, and 5204 Respirable Crystalline Silica - Horcher
Filed with Secretary of State: Oct. 17, 2016
Oct. 17, 2016
Section (e) Cranes and Derricks in Construction Operator Certification Effective Dates and Phase-In (Federal Time Extension) Horcher
Filed with Secretary of State: Apr. 30, 2015
Apr. 30, 2015
Section 1710 Multi-Story Skeletal Steel Construction-Metal Decking Replacement - Horcher
Filed with Secretary of State: Aug. 27, 2015
Aug. 27, 2015
Section 1903 Landing Operations-Note to Section 1903
Filed with Secretary of State: Oct. 2, 2014
Jan. 1, 2015
New Sections Confined Spaces in Construction (Horcher)
Filed with Secretary of State: Dec. 30, 2015
Dec. 30, 2015
Sections , , 5530, 5568, 5572, 5574, 5575 and 5621 Electrical Equipment in Hazardous (Classified) Locations
Filed with Secretary of State: Jul. 6, 2015
Oct. 1, 2015

18. Approved Regulation Status Effective
Section 3328(a) Definition of Adequate Design
Filed with Secretary of State: Feb 25, 2016
Apr. 1, 2016
Section 3395 Heat Illness Prevention
Filed with Secretary of State: Apr. 3, 2015
May 1, 2015
Section 3411 Private Fire Brigades-Foot Protection
Filed with Secretary of State: Aug. 28, 2015
Oct. 1, 2015
Sections 3437, 3441 and 3664(b) Agricultural Personnel Transport Carriers
Filed with Secretary of State: Sep. 14, 2015
Jan. 1, 2016
Section 4307 Exception for Portable Power-Driven Circular Saw Blade Guarding - Horcher
Filed with Secretary of State: Mar. 7, 2016
Mar. 7, 2016
Sections 4345, 4351, 4352, and 4354 Stationary and Mobile Compaction Equipment and Balers
Filed with Secretary of State: Apr. 30, 2015
Jul. 1, 2015
Section 4412 Pulp Paper and Paperboard Mills Conveyor Warning Sign - Horcher
Section 5155 Airborne Contaminants, Hydrogen Chloride
Filed with Secretary of State: Nov. 26, 2014
Jan. 1, 2015
Sections 5184 and 5185 Storage Battery Systems and Changing and Charging Storage Batteries
Filed with Secretary of State: Jul. 30, 2015
Section 5620, 6165, 6180, 6181, 6182, 6183, and 6184 Update of Title 8 General Industry National Fire Protection Association (NFPA)Fire Protection Standards
Filed with Secretary of State: Dec. 2, 2014
Apr. 1, 2015
Section (b) Water Supply - Access to Drinking Cups - Horcher
Filed with Secretary of State: Aug. 27, 2015
Aug. 27, 2015

19. Cal-OSHA Standards Board Advisory Committees
Advisory provide valuable assistance in developing the proposed standard before it is scheduled for public hearing or
An advisory committee may recommend to the Standards Board that a standard not be developed.

20. Upcoming Advisory Committees
8 CCR Section
Subject
Meeting dates & locations
Staff Contact
Section 1695
Industrial Painter Certification
Meeting documents and announcements
May 11, :00 a.m. - 4:00 p.m. Division of Occupational Safety and Health Suite 450 (Multipurpose Room) 2424 Arden Way Sacramento, CA 95825
David Kernazitskas (916)
Sections 3403 through 3411
Personal Protective Clothing and Equipment for Firefighters
3rd Meeting
2nd Meeting
1st Meeting
May 2, 2016 May 3, :00 a.m. - 4:30 p.m. County of Merced Office of Emergency Services 3500 Apron Avenue Atwater, CA 95301
Maryrose Chan (916)
Field Survey Operations-Working Alone AC
Apr. 26, :30 a.m. - 4:30 p.m Operating Engineers, Local 3 Large Training Room 3920 Lennane Drive Sacramento, CA 95834
Michael Nelmida (916)
Federal Fall Protection Trigger Heights for Residential Construction AC
Meeting documents, announcements and post-committee documents
Meeting documents, announcements, presentations, written comments and post-committee documents
Apr. 11, :30 a.m. - 4:30 p.m. Safety Center of California 3909 Bradshaw Road Conference Room, No. 107 Sacramento, CA 95827
Mike Manieri (916)

21. Subject Matter Advisory Meetings
8 CCR Section
Subject
Meeting dates & locations
Staff contact
5155
Airborne Contaminant Permissible Exposure Limits (PELs)
Meeting announcements and handouts
December 6, :30 am to 3:30 pm
Harris State Building 1515 Clay St. 2nd Floor, Rm 2 Oakland, CA
Garrett Keating
Mike Horowitz
New Section
Antineoplastic Drugs in Healthcare
Meeting announcements and documents
TBA
Grace Delizo
Bob Nakamura
Elevator Safety Orders
Debra Tudor
Housekeeping in the Hotel and Hospitality Industry
Amalia Neidhardt  Steve Smith 
5198 and
Lead in Construction and General Industry
Steve Smith 
Medical Marijuana
October 25, :00 am to 3:00 pm
Harris State Building 1515 Clay St.,  2nd Floor, Room 1 Oakland, CA

22. Subject Matter Advisory Meetings
8 CCR Section
Subject
Meeting dates & locations
Staff contact
3400, 1512
Medical services and first aid
Meeting announcements and documents
TBA
Mike Horowitz
Mining Safety Orders
John Leahy 
New Section
Process Safety Management for Refineries
Sean Ahearn
334(d)
Repeat Violations
Chris Grossgart
5193
Sexually Transmitted Infections / Bloodborne Pathogens in the Adult Film Industry
January 31, :00 am to 3:30 pm
Harris State Building 1515 Clay St.,  2nd Floor, Room 1 Oakland, CA
Steve Smith
450, 750
Unfired Pressure Vessel Safety Orders,
Boiler and Fired Pressure Vessel Safety Orders
Don Cook
Workplace Violence in Healthcare
Bob Nakamura

23. Summary The difference between Laws and Regulations
Where governmental agencies get the authority to regulate
Cal-OSHA has a cooperative relationship with Fed-OSHA
The Cal-OSHA Standards Board adopts reasonable and enforceable standards that must be at least as effective as the corresponding federal standards
Specific regulations that have been promulgated recently
And how to find them
Specific regulations that are in the process of being passed

24. Thank you
Any Questions?