California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4 - Division of Industrial Safety
Subchapter 20 - Tunnel Safety Orders
Article 3 - Injury and Illness Prevention Program
Section 8406 - Injury and Illness Prevention Program

Universal Citation: 8 CA Code of Regs 8406

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program in accordance with Section 3203 of the General Industry Safety Orders and the following:

(a) All safety suggestions shall be given prompt consideration by the employer and a written record shall be maintained for the duration of the underground work and made available to the Division upon request.

(b) The adoption and use of a code of safe practices and procedures for underground operations similar to the Safe Practices Code in Appendix A of these orders.

(c) Copies of such code shall be posted in accordance with Section 8409 and available at the job site for inspection by the Division.

(d) The employer shall hold meetings at least once each month with supervisory personnel and foremen for a discussion of safety problems and accidents that have occurred. A record of such meetings shall be kept, stating the meeting date, time, place, supervisory personnel present, subjects discussed and corrective action taken, if any, and maintained for inspection by the Division.

(e) Supervisory personnel shall conduct "toolbox" or "tailgate" safety meetings with their crews at least weekly on the job to emphasize safety. Records of all meetings shall be kept, stating the meeting date, time, personnel present, subjects discussed, and corrective actions taken if any, and maintained for inspection by the Division.

(f) In all places of employment where these safety orders apply, the employer shall designate an on-site Safety Representative who is qualified to recognize hazardous conditions and is certified by the Division. This person shall have the authority to correct unsafe conditions and practices, or stop the work if an imminent hazard exists. This person shall be responsible for directing the required safety and health program.

(g) All applicants for certification as a Safety Representative shall meet the following minimum requirements:

(1) Two years experience performing safety related work in tunnels and/or underground mines.

(2) In lieu of one year of the above experience, applicants may substitute equivalent education or work experience as follows:
(A) Work experience in the capacity of managing or directing tunnel safety programs, or

(B) Formal safety related education degree in safety or certification as a Certified Safety Professional (CSP), Certified Industrial Hygienist (CIH), Professional Safety Engineer (PSE), or similar.

(3) Be able to communicate with affected employees.

(4) Be of such physical condition that it would not interfere with the proper performance of their duties.

(5) Be thoroughly familiar and conversant with all Tunnel Safety Orders and other applicable safety orders.

(6) Knowledge of the means and methods of underground construction operations.

(7) The ability to identify and evaluate unsafe conditions; and knowledge of the safeguards required to protect employees from the effect of these hazards.

(8) Pass a written and oral examination administered by the Division.

(h) All applicants for certification as a Gas Tester as required by these safety orders shall have the following minimum requirements:

(1) One year experience in performing underground work in mines or tunnels.

(2) Be of such physical condition that it would not interfere with the proper performance of their duties.

(3) Be able to communicate with all affected employees.

(4) Knowledge of the gases that may be encountered underground, the hazards they pose, and the safeguards required to protect employees from their effect.

(5) Demonstrate proficiency in the operation, use and calibration of ventilation and gas detection instruments; and the interpretation and documentation of the reading obtained.

(6) Be familiar with and knowledgeable of the Tunnel Safety Orders and other applicable safety orders of Title 8.

(7) Pass a written and oral examination administered by the Division.

NOTE: Free Consultation Service (Labor Code, Sections 6354 and 6355).

In order to encourage voluntary compliance with occupational safety and health regulations, free on-site consultation service is provided by Cal/OSHA. Employers may request this free on-site consultation. Employees and employee groups may also participate at the invitation of the employer, or may request consultation away from the job site.

Consultation services include:

(1) Information, advice, and recommendations on specific safety and health problems in the workplace;

(2) providing help to employers in instituting an effective accident and illness prevention program or improving an existing program; and

(3) training in good safety and health practices, and in recognition and correction of hazards through on-site surveys.

1. Amendment filed 1-16-91; operative 2-15-91 (Register 91, No. 8).
2. Amendment of section and new NOTE filed 3-5-96; operative 4-4-96 (Register 96, No. 10).

Note: Authority cited: Sections 142.3 and 7997, Labor Code. Reference: Sections 142.3 and 7997, Labor Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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