Cal. Code Regs. tit. 8 § 3202

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3202 - Application

(a) These orders establish minimum standards and apply to all employments and places of employment in California as defined by Labor Code Section 6303; provided, however, that when the Occupational Safety and Health Standards Board has adopted or adopts safety orders applying to certain industries, occupations or employments exclusively, in which like conditions and hazards exist, those orders shall take precedence wherever they are inconsistent with the General Industry Safety Orders hereinafter set forth.

NOTE: Unless otherwise designated in this subchapter, the phrase "division" refers to the current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.

(b) After the date on which these Orders become effective, all installations shall conform to these Orders.

EXCEPTION:

(1) Existing installations which are in compliance with safety orders, or variations therefrom, in effect prior to the effective date of these safety orders, unless the hazard presented by the installation or equipment is, in the judgment of the Chief of the Division, of such severity as to warrant control by the application of the applicable sections of these orders.

(2) Facsimiles, replicas, reproductions, or simulations when used for exhibition purposes when such compliance would be detrimental to their use for such purposes unless the hazard presented by the installation is, in the judgment of the Chief of the Division, of such severity as to warrant control by the application of the applicable sections of these Orders.

(c) Regulations herein affecting building standards, apply to any building, or building alteration, or building modification for which construction is commenced after the effective date of the regulations. Date of commencement of construction, for the purpose of this section, shall be:

(1) The advertising date for invitation of bids for State and local government projects.

(2) The building permit issuance date for other projects.

(Title 24, Part 2, Section 2-109.)

NOTE: Identification of Building Regulations. The basic building regulations for employments and places of employment contained in Title 24, State Buildings Standards Code, California Administrative Code are part of these safety orders. Pursuant to Health and Safety Code Section 18943(c), such building regulations are identified in these safety orders by the addition of a reference to the appropriate section of the State Building Standards Code (Title 24), which is added to the end of the safety order section:

(Title 24, Part X, Section XXXX.)

(d) Nothing contained in these regulations shall be considered as abrogating the provisions relating to public safety of any ordinance, rule or regulation of any governmental agency, providing such local ordinance, rule or regulation is not less stringent than these minimum standards.

NOTE: The filing date 12-19-49 shown in the History Note of Section 3200 is for the sections originally filed. The filing date of sections subsequently adopted or revised is shown in the History Note at the end of the section. Orders become effective 30 days after filing.

(Title 24, T8-3202)

Cal. Code Regs. Tit. 8, § 3202

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).
2. Repealer and new section filed 1-31-75 as an emergency; effective upon filing (Register 75, No. 5).
3. Certificate of Compliance filed 3-4-75 (Register 75, No. 10).
4. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).
5. Amendment of subsection (a) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).
6. Amendment of subsection (c) and NOTE filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.