Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
(1) The
terms "protection" and "protective" where modified by the words head, eye,
body, hand, foot and as used in subsection (d), per the orders in this article
mean the safeguarding obtained by safety devices and safeguards of the proper
type for the exposure and of such design, strength and quality as to eliminate,
preclude or mitigate the hazard.
(2) Personal protective equipment shall be
approved for its intended use as provided in Section
3206 of these
Orders.
(b) Protective
equipment shall be distinctly marked so as to facilitate identification of the
manufacturer.
EXCEPTION: Employer manufactured shields, barriers,
etc.
(c) The employer shall
assure that the employee is instructed and uses protective equipment in
accordance with the manufacturer's instructions.
(d) The employer shall assure that all
required safety devices and safeguards, whether employer or employee provided,
including personal protective equipment for the eyes, face, head, hand, foot,
and extremities (limbs), protective clothing, respiratory protection,
protective shields and barriers, comply with the applicable Title 8 standards
and are maintained in a safe, sanitary condition.
(e) Protectors shall be of such design, fit
and durability as to provide adequate protection against the hazards for which
they are designed. They shall be reasonably comfortable and shall not unduly
encumber the employee's movements necessary to perform his or her
work.
(f) Hazard assessment and
equipment selection.
(1) The employer shall
assess the workplace to determine if hazards are present, or are likely to be
present, which necessitate the use of personal protective equipment (PPE). If
such hazards are present, or likely to be present, the employer shall:
(A) Select, and have each affected employee
use, the types of PPE that will protect the affected employee from the hazards
identified in the hazard assessment;
(B) Communicate selection decisions to each
affected employee; and,
(C) Select
PPE that properly fits each affected employee.
NOTE: Non-mandatory Appendix A contains an example of
procedures that would comply with the requirement for a hazard
assessment.
(2)
The employer shall verify that the required workplace hazard assessment has
been performed through a written certification that identifies the workplace
evaluated; the person certifying that the evaluation has been performed; the
date(s) of the hazard assessment; and, which identifies the document as a
certification of hazard assessment.
(3) Defective and damaged equipment.
Defective or damaged personal protective equipment shall not be used.
(4) Training. The employer shall provide
training to each employee who is required by this section to use PPE. Each such
employee shall be trained to know at least the following:
(A) When PPE is necessary;
(B) What PPE is necessary;
(C) How to properly don, doff, adjust, and
wear PPE;
(D) The limitations of
the PPE; and,
(E) The proper care,
maintenance, useful life and disposal of the PPE.
(5) Each affected employee shall demonstrate
an understanding of the training specified in subsection (f)(4) of this
section, and the ability to use PPE properly, before being allowed to perform
work requiring the use of PPE.
(6)
When the employer has reason to believe that any affected employee who has
already been trained does not have the understanding and skill required by
subsection (f)(5) of this section, the employer shall retrain each such
employee. Circumstances where retraining is required include, but are not
limited to, situations where:
(A) Changes in
the workplace render previous training obsolete; or
(B) Changes in the types of PPE to be used
render previous training obsolete; or
(C) Inadequacies in an affected employee's
knowledge or use of assigned PPE indicate that the employee has not retained
the requisite understanding or skill.
(7) The employer shall verify that each
affected employee has received and understood the required training through a
written certification that contains the name of each employee trained, the
date(s) of training, and that identifies the subject of the
certification.
(8) Subsections
(f)(1) and (2) and (f)(4) through (7) of this section apply only to Sections
3381,
3382,
3384 and
3385 of these Orders. Subsections
(f)(1) and (2) and (f)(4) through (7) of this section do not apply to Section
5144 of these Orders and Section
2940.6 of the High Voltage
Electrical Safety Orders. Subsection (f) does not apply to workplace operations
regulated by the Construction Safety Orders or the Mine Safety
Orders.
1.
Repealer and new section filed 7-11-74; effective thirtieth day thereafter
(Register 74, No. 28).
2. Amendment of subsection (c) filed 4-27-79;
effective thirtieth day thereafter (Register 79, No. 17).
3.
Amendment of subsection (d) and amendment of NOTE filed 12-30-2004; operative
1-29-2005 (Register 2004, No. 53).
4. New subsections (f)-(f)(8)
filed 4-13-2011; operative 4-13-2011. Submitted to OAL for filing with the
Secretary of State and printing only pursuant to Labor Code section
142.3(a)(3)
(Register 2011, No. 15).
5. Amendment filed 12-1-2014; operative
4-1-2015 (Register 2014, No. 49).
Note: Authority cited: Section
142.3, Labor
Code. Reference: Section
142.3, Labor
Code.
