Cal. Code Regs. tit. 8 § 8354

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 8354 - Definitions Applicable to this Subchapter

Accessible Surface. A surface capable of being worked upon without changing, altering, or dismantling the parts concerned.

Additional Safety Measure. A component of the tags-plus system that provides an impediment (in addition to the energy-isolating device) to the release of energy or the energization or startup of the machinery, equipment, or system being serviced. Examples of additional safety measures include, but are not limited to, removing an isolating circuit element; blocking a controlling switch; blocking, blanking, or bleeding lines; removing a valve handle or wiring it in place; opening an extra disconnecting device.

Adjacent Spaces. Those spaces bordering a subject space in all directions, including all points of contact, corners, diagonals, decks, tank tops, and bulkheads.

Affected Employee. An employee who normally operates or uses the machinery, equipment, or system that is going to be serviced under lockout/tags-plus or who is working in the area where servicing is being performed under lockout/tags-plus. An affected employee becomes an authorized employee when the employer assigns the employee to service any machine, equipment, or system under a lockout/tags-plus application.

Alarm. A signal or message from a person or device that indicates that there is a fire, medical emergency, or other situation that requires emergency response or evacuation. At some shipyards this may be called an "incident" or a "call for service." Alarm System. A system that warns employees at the worksite of danger.

Authorized employee.

(a) An employee who performs one or more of the following lockout/tags-plus responsibilities:

(1) Executes the lockout/tags-plus procedures;

(2) Installs a lock or tags-plus system on machinery, equipment, or systems; or

(3) Services any machine, equipment, or system under lockout/tags-plus application.

(b) An affected employee becomes an authorized employee when the employer assigns the employee to service any machine, equipment, or system under a lockout/tags-plus application.

Barge. An unpowered, flat bottom, shallow draft vessel including scows, carfloats, and lighters. For purposes of these orders, the term does not include ship-shaped or deep draft barges.

Body Harness. A system of straps that may be secured about the employee in a manner that will distribute the fall arrest forces over at least the thighs, shoulders, chest and pelvis, with means for attaching it to other components of a personal fall arrest system.

Capable of being locked out. An energy-isolating device is capable of being locked out if it has a locking mechanism built into it, or it has a hasp or other means of attachment to which, or through which, a lock can be affixed. Other energy-isolating devices are capable of being locked out if lockout can be achieved without the need to dismantle, rebuild, or replace the energy-isolating device or permanently alter its energy-control capability.

Certified Industrial Hygienist (CIH). An industrial hygienist who is certified by the American Board of Industrial Hygiene.

Chief. The Chief of the Division of Occupational Safety and Health or designee.

Class II Standpipe System. A 1 1/2 inch (3.8 cm) hose system which provides a means for the control or extinguishment of incipient stage fires.

Coast Guard Authorized Person. An individual who meets the requirement of Appendix B to section 8355 for tank vessels, for passenger vessels, and for cargo and miscellaneous vessels.

Cofferdam. The space between two bulkheads located close together.

Cold Work. Any operation which does not involve heat, fire, or sparks.

Compartment. A subdivision of space or room in a ship.

Contract Employer. An employer, such as a painter, joiner, carpenter, or scaffolding sub-contractor, who performs shipyard-related services or work under a contract to the host employer or to another employer under contract to the host employer at the host employer's worksite. This excludes employers who provide incidental services that are not directly related to shipyard employment (such as mail delivery, office supply and food vending services).

Dangerous Atmosphere. An atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space), injury, or acute illness.

Designated Area. An area established for hot work after an inspection that is free of fire hazards.

Division. Division of Occupational Safety and Health.

Drop Test. A method utilizing gauges to ensure the integrity of an oxygen fuel gas burning system. The method requires that the burning torch is installed to one end of the oxygen and fuel gas lines and then the gauges are attached to the other end of the hoses. The manifold or cylinder supply valve is opened and the system is pressurized. The manifold or cylinder supply valve is then closed and the gauges are watched for at least sixty (60) seconds. Any drop in pressure indicates a leak.

Dummy Load. A device used in place of an antenna to aid in the testing of a radio transmitter that converts transmitted energy into heat to minimize energy radiating outward or reflecting back to its source during testing.

Emergency Operations. Activities performed by fire response organizations that are related to: rescue, fire suppression, emergency medical care, and special operations or activities that include responding to the scene of an incident and all activities performed at that scene.

Energy-Isolating Device. A mechanical device that, when utilized or activated, physically prevents the release or transmission of energy. Energy-isolating devices include, but are not limited to, manually operated electrical circuit breakers; disconnect switches; line valves; blocks; and any similar device used to block or isolate energy. Control-circuit devices (for example, push buttons, selector switches) are not considered energy-isolating devices.

Enter with Restrictions. Denotes a space where entry for work is permitted only if engineering controls, personal protective equipment, clothing, and time limitations are as specified by the Marine Chemist, Certified Industrial Hygienist, or the shipyard competent person.

Entry. The action by which a person passes through an opening into a space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.

Fire Hazard. A condition or material that may start or contribute to the spread of a fire.

Fire Protection. Methods of providing fire prevention, response, detection, control, extinguishment, and engineering.

Fire Response. The activity taken by the employer at the time of an emergency incident involving a fire at the worksite, including fire suppression activities carried out by internal or external resources or a combination of both, or total or partial employee evacuation of the area exposed to the fire.

Fire Response Employee. A shipyard employee who carries out the duties and responsibilities of shipyard firefighting in accordance with the fire safety plan.

Fire Response Organization. An organized group knowledgeable, trained, and skilled in shipyard firefighting operations that responds to shipyard fire emergencies, including: fire brigades, shipyard fire departments, private or contractual fire departments, and municipal fire departments.

Fire Suppression. The activities involved in controlling and extinguishing fires.

Fire Watch. A person having knowledge of and qualified in fire prevention and suppression techniques, whose duties include: patrolling areas for the purpose of fire prevention; checking areas that are potential fire hazards, reporting potential fire hazards directly to the nearest person in charge of the job; suppressing any small fires, and immediately reporting all fires to the yard fire department and/or immediate supervisor of the operation.

Fixed Extinguishing System. A permanently installed fire protection system that either extinguishes or controls fire occurring in the space it protects.

Flammable Liquid. Any liquid having a flashpoint below 100 °F (37.8 °C), except any mixture having components with flashpoints of 100 °F (37.8 °C) or higher, the total of which make up 99 percent or more of the total volume of the mixture.

Gangway. Any ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel including accommodation ladders, gangplanks and brows.

Hazardous Energy. Any energy source, including mechanical (for example, power transmission apparatus, counterbalances, springs, pressure, gravity), pneumatic, hydraulic, electrical, chemical, and thermal (for example, high or low temperature) energies that could cause injury to employees.

Hazardous Substance. A substance that may cause injury, illness, or disease, or otherwise harm an employee by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful.

Health care professional. A physician or any other healthcare professional whose legally permitted scope of practice allows the provider to independently provide, or be delegated the responsibility to provide, some or all of the advice or consultation this subchapter requires.

Horse. A device or structure generally used in multiple for supporting a platform of boards or planks. It consists essentially of a single header or ledger supported at each end by two legs assembled in the form of A-frames.

Hose Systems. Fire protection systems consisting of a water supply, approved fire hose, and a means to control the flow of water at the output end of the hose.

Host Employer. An employer who is in charge of coordinating shipyard-related work or who hires other employers to perform shipyard-related work or to provide shipyard-related services, at a multi-employer workplace.

Hot work. Any activity involving riveting, welding, burning, the use of powder-actuated tools or similar fire-producing operations. Grinding, drilling, abrasive blasting, or similar spark-producing operations are also considered hot work except when such operations are isolated physically from any atmosphere containing more than 10 percent of the lower explosive limit of a flammable or combustible substance.

Immediately Dangerous to Life or Health (IDLH). An atmosphere that poses an immediate threat to life or that is likely to result in acute or immediate severe health effects.

Incident Management System. A system that defines the roles and responsibilities to be assumed by personnel and the operating procedures to be used in the management and direction of emergency operations; the system is also referred to as an "incident command system" (ICS).

Incipient Stage Fire. A fire, in the initial or beginning stage, which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus.

Inert or Inerted Atmosphere. An atmospheric condition where:

(1) The oxygen content of the atmosphere in the space is maintained at a level equal to or less than 8.0 percent by volume or at a level at or below 50 percent of the amount required to support combustion, whichever is less; or

(2) The space is flooded with water and the vapor concentration of flammable or combustible materials in the free space atmosphere above the water line is less than 10 percent of the lower explosive limit for the flammable or combustible material.

Inerting. The displacement of the atmosphere in a permit space by noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible. This procedure produces an IDLH oxygen-deficient atmosphere.

Interior Structural Firefighting Operations. The physical activity of fire response, rescue, or both involving a fire beyond the incipient stage inside of buildings, enclosed structures, vessels, and vessel sections.

Isolated location. An area in which employees are working alone or with little assistance from others due to the type, time, or location of their work. Such locations include remote locations or other work areas where employees are not in close proximity to others.

Labeled. Identified with a sign, placard, or other form of written communication, including pictograms, that provides information on the status or condition of the work space to which it is attached.

Ledger. The horizontal member of a scaffold that runs at right angles to the structure and directly supports the planking of the platform.

Lock. A device that utilizes a positive means, either a key or combination lock, to hold an energy isolating device in a "safe" position that prevents the release of energy and the startup or energization of the machinery, equipment, or system to be serviced.

Lockout. The placement of a lock on an energy-isolating device in accordance with an established procedure, thereby ensuring that the energy-isolating device and the equipment being controlled cannot be operated until the lock is removed.

Lockout/tags-plus coordinator. An employee whom the employer designates to coordinate and oversee all lockout and tags-plus applications on vessels or vessel sections and at landside work areas when employees are performing multiple servicing operations on the same machinery, equipment, or systems at the same time, and when employees are servicing multiple machinery, equipment, or systems on the same vessel or vessel section at the same time. The lockout/tags-plus coordinator also maintains the lockout/tags-plus log.

Lockout/tags-plus materials and hardware. Locks, chains, wedges, blanks, key blocks, adapter pins, self locking fasteners, or other hardware used for isolating, blocking, or securing machinery, equipment, or systems to prevent the release of energy or the startup or energization of machinery, equipment, or systems to be serviced.

Lower Explosive Limit (LEL). The minimum concentration of vapor in air below which propagation of a flame does not occur in the presence of an ignition source.

Marine Chemist. An individual who possesses a current Marine Chemist Certificate issued by the National Fire Protection Association.

Motor vehicle. Any motor-driven vehicle operated by an employee that is used to transport employees, material, or property. For the purposes of this subchapter, motor vehicles include passenger cars, light trucks, vans, motorcycles, all-terrain vehicles, small utility trucks, powered industrial trucks, and other similar vehicles. Motor vehicles do not include boats, or vehicles operated exclusively on a rail or rails.

Motor vehicle safety equipment. Systems and devices integral to or installed on a motor vehicle for the purpose of effecting the safe operation of the vehicle, and consisting of such systems or devices as safety belts, airbags, headlights, tail lights, emergency/hazard lights, windshield wipers, defogging or defrosting devices, brakes, horns, mirrors, windshields and other windows, and locks.

Multi-Employer Workplace/site. A workplace where there is a host employer and at least one contract employer.

Navy ship's force. The crew of a vessel that is owned or operated by the U.S. Navy, other than a time- or voyage chartered vessel, which is under the control of a Commanding Officer or Master.

Normal production operations. The use of machinery or equipment, including, but not limited to, punch presses, bending presses, shears, lathes, keel press rollers, and automated burning machines, to perform a shipyard-employment production process.

Not Safe for Hot Work. Denotes a space where hot work may not be performed because the conditions do not meet the criteria for Safe for Hot Work.

Nationally Recognized Testing Laboratory (NRTL). An organization recognized by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), in accordance with Appendix A of Title 29 Code of Federal Regulations section 1910.7, which tests for safety and lists or labels or accepts equipment and materials that meet all the criteria found in section 1910.7(b)(1) through (b)(4)(ii).

NIOSH. The National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designated representative.

Not Safe for Workers. Denotes a space where an employee may not enter because the conditions do not meet the criteria for Safe for Workers.

Oxygen-Deficient Atmosphere. An atmosphere having an oxygen concentration of less than 19.5 percent by volume.

Oxygen-Enriched Atmosphere. An atmosphere that contains 22.0 percent or more oxygen by volume.

Personal Alert Safety System (PASS). A device that sounds a loud signal if the wearer becomes immobilized or is motionless for 30 seconds or more.

Physical Isolation. The elimination of a fire hazard by removing the hazard from the work area (at least 35 feet for combustibles), by covering or shielding the hazard with fire-resistant material, or physically preventing the hazard from entering the work area.

Physically Isolated. Positive isolation of the supply from the distribution piping of a fixed extinguishing system. Examples of ways to physically isolate include: removing a spool piece and installing a blank flange; providing a double block and bleed valve system; or completely disconnecting valves and piping from all cylinders or other pressure vessels containing extinguishing parts.

Platform. A floored elevated area. It may be erected in the scaffolding independent of the staging or elsewhere.

Portable toilet. A non-sewered portable facility for collecting and containing urine and feces. A portable toilet may be either flushable or non-flushable. For purposes of this subchapter, portable toilets do not include privies.

Potable water. Water that meets the standards for drinking purposes of the state or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Primary Drinking Water Regulations ( 40 CFR part 141).

Protected Space. Any space into which a fixed extinguishing system can discharge.

Proximity Firefighting. Specialized firefighting operations that require specialized thermal protection and may include the activities of rescue, fire suppression, and property conservation at incidents involving fires that produce very high levels of conductive, convective and radiant heat such as aircraft fires, bulk flammable gas fires, and bulk flammable liquid fires. Proximity firefighting operations usually are exterior operations but may be combined with structural firefighting operations. Proximity firefighting is not entry firefighting.

Psi. Pounds per square inch.

Qualified Instructor. A person with specific knowledge, training, and experience in fire response or fire watch activities to cover the material found in Section 8397.13(b) or (c).

Readily accessible/available. Capable of being reached quickly enough to ensure, for example, that emergency medical services and first aid intervention are appropriate or that employees can reach sanitation facilities in time to meet their health and personal needs.

Rescue. Locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and transporting the injured to an appropriate health care facility.

Ribbon. The horizontal member in a scaffold which runs from upright to upright parallel to the hull or structure and is normally placed directly under the ledger.

Safe for Hot Work. Denotes a space that meets all of the following criteria:

(1) The oxygen content of the atmosphere does not exceed 22.0 percent by volume;

(2) The concentration of flammable vapors in the atmosphere is less than 10 percent of the lower explosive limit;

(3) The residues or materials in the space are not capable of producing a higher concentration than permitted in subsections (1) or (2) of the above, under existing atmospheric conditions in the presence of hot work and while maintained as directed by the Marine Chemist or competent person, and

(4) All adjacent spaces have been cleaned, or inerted, or treated sufficiently to prevent the spread of fire.

Safe for Workers. Denotes a space that meets the following criteria:

(1) The oxygen content of the atmosphere is at least 19.5 percent and below 22 percent by volume;

(2) The concentration of flammable vapors is below 10 percent of the lower explosive limit (LEL);

(3) Any toxic materials in the atmosphere associated with cargo, fuel, tank coatings, or inerting media are within permissible concentrations at the time of the inspection; and

(4) Any residues or materials associated with the work authorized by the Marine Chemist, Certified Industrial Hygienist, or competent person will not produce uncontrolled release of toxic materials under existing atmospheric conditions while maintained as directed.

Sanitation facilities. Facilities, including supplies, maintained for employee personal and health needs such as potable drinking water, toilet facilities, hand-washing and -drying facilities, showers (including quick-drenching or flushing) and changing rooms, eating and drinking areas, first aid stations, and on-site medical-service areas. Sanitation supplies include soap, waterless cleaning agents, single-use drinking cups, drinking water containers, toilet paper, and towels.

Scaffolding. The structure erected and maintained for the purpose of supporting the staging planks.

Serviceable condition. The state or ability of supplies or goods, or of a tool, machine, vehicle, or other device, to be used or to operate in the manner prescribed by the manufacturer.

Service Line. A small rope or hand line used for hoisting and lowering light loads by hand.

Servicing. Workplace activities that involve the construction, installation, adjustment, inspection, modification, testing, or repair of machinery, equipment, or systems. Servicing also includes maintaining machines, equipment, or systems when performing these activities would expose the employee to harm from the start-up or energization of the system being serviced, or the release of hazardous energy.

Sewered toilet. A fixture maintained for the purpose of urination and defecation that is connected to a sanitary sewer, septic tank, holding tank (bilge), or on-site sewage-disposal treatment facility, and that is flushed with water.

Shield. To install a covering, protective layer, or other effective measure on or around steam hoses or temporary steam-piping systems, including metal fittings and couplings, to protect employees from contacting hot surfaces or elements.

Shipbreaking. Any breaking down of a vessel's structure for the purpose of scrapping the vessel, including the removal of gear, equipment or any component part of a vessel.

Shipbuilding. The construction of a vessel, including the installation of machinery and equipment.

Ship Repair. Repair of a vessel including, but not restricted to, alterations, conversions, installations, cleaning, painting, and maintenance work.

Shipyard Firefighting. The activity of rescue, fire suppression, and property conservation involving buildings, enclosed structures, vehicles, vessels, aircraft, or similar properties involved in a fire or emergency situation.

Short bight. A loop created in a line or rope that is used to tie back or fasten objects such as hoses, wiring, and fittings.

Small Hose System. A system of hoses ranging in diameter from 5/8" (1.6 cm) up to 1 1/2" (3.8 cm) which is for the use of employees and which provides a means for the control and extinguishment of incipient stage fires.

Space. An area on a vessel or vessel section or within a shipyard such as, but not limited to: cargo tanks or holds; pump or engine rooms; storage lockers; tanks containing flammable or combustible liquids, gases, or solids; rooms within buildings; crawl spaces; tunnels or accessways. The atmosphere within a space is the entire area within its bounds.

Staging. The runways or walkways supported by the scaffolding, and from which or upon which the employees work.

Standard Guardrail. See Article 16, Construction Safety Orders.

Standpipe. A fixed fire protection system consisting of piping and hose connections used to supply water to approved hose lines or sprinkler systems. The hose may or may not be connected to the system.

Suitable. Capable of performing with safety the particular function specified in these orders.

Tag. A prominent warning device that includes a means of attachment that can be securely fastened to an energy isolating device in accordance with an established procedure to indicate that the energy-isolating device and the equipment being controlled shall not be operated until the tag is removed by an authorized employee.

Tags-plus system. A system to control hazardous energy that consists of an energy-isolating device with a tag affixed to it, and at least one additional safety measure.

Toeboard. A board set on edge in the same vertical plane as the railing and whose lower edge is no more than 1/4 -inch from the top of the staging, platform or runway.

Upper Explosive Limit (UEL). The maximum concentration of flammable vapor in air above which propagation of flame does not occur on contact with a source of ignition.

Verification of isolation. The means necessary to detect the presence of hazardous energy, which may involve the use of a test instrument (for example, a voltmeter), and, for other than electric shock protection, a visual inspection, or a deliberate attempt to start-up the machinery, equipment, or system.

Vermin. Insects, birds, and other animals, such as rodents and feral cats, that may create safety and health hazards for employees.

Vessel. Includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water.

Vessel Section. A sub-assembly, module, or other component of a vessel being built, repaired, or broken.

Visual Inspection. The physical survey of the space, its surroundings and contents to identify hazards such as, but not limited to, restricted accessibility, residues, unguarded machinery, and piping or electrical systems.

Walkway. Any surface, whether vertical, slanted, or horizontal, on which employees walk, including areas that employees pass through, to perform their job tasks. Walkways include, but are not limited to, access ways, designated walkways, aisles, exits, gangways, ladders, ramps, stairs, steps, passageways, and scaffolding. If an area is, or could be, used to gain access to other locations, it is to be considered a walkway.

Work area. A specific area, such as a machine shop, engineering space, or fabrication area, where one or more employees are performing job tasks.

Working surface. Any surface where work is occurring or areas where tools, materials, and equipment are being staged for performing work.

Worksite. A general work location where one or more employees are performing work, such as a shipyard, pier, barge, vessel, or vessel section.

Cal. Code Regs. Tit. 8, § 8354

1. Repealer and new section filed 10-31-75; effective thirtieth day thereafter (Register 75, No. 44).
2. Repealer of all definition numbering; repealer and new definition of "Standard Guardrail" filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).
3. Amendment of definition "Standard Guardrail" filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
4. Amendment filed 1-22-88; operative 2-21-88 (Register 88, No. 6).
5. Amendment of subsection (a) filed 1-30-95; operative 1-30-95. Submitted to OAL for printing only pursuant to Labor Code Section 142.3(a)(3) (Register 95, No. 5).
6. Amendment filed 4-14-2005; operative 4-14-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 15).
7. Amendment of definition of "Safe for Hot Work" and new definitions of "Class II Standpipe System," "Fire Suppression," "Fixed Extinguishing System," "Flammable Liquid," "Hazardous Substance," "Incipient Stage Fire," "Inerting," "Interior Structural Firefighting Operations," "Small Hose System" and "Standpipe" filed 2-22-2006; operative 2-22-2006. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2006, No. 8).
8. Amendment of section heading and section filed 12-13-2011; operative 12-13-2011. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 50).

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.