Section 5008.1 - Operation(a) The employer shall comply with all manufacturer procedures applicable to the operational functions of equipment, including its use with attachments.(b) Accessibility of procedures. (1) The procedures applicable to the operation of the equipment, including rated capacities (load charts), recommended operating speeds, special hazard warnings, instructions, and operator's manual, shall be readily available in the cab at all times for use by the operator.(2) Where rated capacities are available in the cab in electronic or other form: In the event of a failure which makes the rated capacities inaccessible, the operator shall immediately cease operations or follow safe shut-down procedures until the rated capacities (in electronic or other form) are available.(c) The operator shall not engage in any practice or activity that diverts their attention while actually engaged in operating the equipment, such as the use of cellular phones (other than when used for signal communications).(d) Unavailable operation procedures. (1) Where the manufacturer procedures are unavailable, the employer shall develop and ensure compliance with all procedures necessary for the safe operation of the equipment and attachments.(2) Procedures for the operational controls shall be developed by a certified agent.(3) Procedures related to the capacity of the equipment shall be developed and signed by a certified agent.(e) Tagout. (1) Tagging out of service equipment/functions. Where the employer has taken the equipment out of service, a tag shall be placed in the cab stating that the equipment is out of service and is not to be used. Where the employer has taken a function(s) out of service, a tag shall be placed in a conspicuous position stating that the function is out of service and is not to be used.(2) Response to "do not operate"/tagout signs.(A) If there is a warning (tagout or maintenance/do not operate) sign on the equipment or starting control, the operator shall not activate the switch or start the equipment until the sign has been removed by a person authorized to remove it in accordance with the provisions of Section 3314.(B) If there is a warning (tagout or maintenance/do not operate) sign on any other switch or control, the operator shall not activate that switch or control until the sign has been removed by a person authorized to remove it in accordance with the provisions of Section 3314.(f) Storm warning. When a local storm warning has been issued, the competent person shall determine whether it is necessary to implement manufacturer recommendations for securing the equipment.(g) If equipment adjustments or repairs are necessary:(1) The operator shall, in writing, promptly inform the person designated by the employer to receive such information and, where there are successive shifts, to the next operator; and(2) The employer shall notify all affected employees, at the beginning of each shift, of the necessary adjustments or repairs and all alternative measures.(h) Safety devices and operational aids shall not be used as a substitute for the exercise of professional judgment by the operator.(i) The competent person shall adjust the equipment and/or operations to address the effect of wind, ice, and snow on equipment stability and rated capacity.(j) Counterweight/ballast. (1) The following applies to equipment other than tower cranes: (A) Equipment shall not be operated without the counterweight or ballast in place as specified by the manufacturer.(B) The maximum counterweight or ballast specified by the manufacturer for the equipment shall not be exceeded.(2) Counterweight/ballast requirements for tower cranes are specified in Section 4966(m).Cal. Code Regs. Tit. 8, § 5008.1
1. New section filed 7-26-2022; operative 7-26-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 30). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
1. New section filed 7-26-2022; operative 7/26/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 30).