Bill Text: CA SB478 | 2009-2010 | Regular Session | Chaptered
Bill Title: Employment safety: manlifts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 196, Statutes of 2009. [SB478 Detail]
Download: California-2009-SB478-Chaptered.html
BILL NUMBER: SB 478 CHAPTERED
BILL TEXT
CHAPTER 196
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY AUGUST 27, 2009
AMENDED IN ASSEMBLY JULY 13, 2009
INTRODUCED BY Senator Wolk
FEBRUARY 26, 2009
An act to amend Section 7311.1 of, and to add Section 7311.25 to,
the Labor Code, relating to employment safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 478, Wolk. Employment safety: manlifts.
Existing law requires that a conveyance, as specified, be erected,
constructed, installed, altered, tested, maintained, serviced, and
repaired by a person certified by the Division of Occupational Safety
and Health as a certified competent conveyance mechanic.
This bill would require that an elevator company disclose its
status as a certified qualified conveyance company prior to bidding
on a project or contracting for services. The bill would authorize
the owner or operator of agricultural production, processing, and
handling facilities, as defined, to designate a competent employee
who is not required to be a certified competent conveyance mechanic
to maintain and test, as specified, the manlifts used at the
facilities.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7311.1 of the Labor Code is amended to read:
7311.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be erected, constructed, installed, materially
altered, tested, maintained, repaired, or serviced by any person,
firm, or corporation unless the person, firm, or corporation is
certified by the division as a certified qualified conveyance
company. A copy of the certificate shall be kept at the site of the
conveyance at all times while any work is in progress, and shall be
made available for inspection upon request. However, certification
under this section is not required for removing or dismantling
conveyances that are destroyed as a result of the complete demolition
of a secured building or structure or where the hoistway or wellway
is demolished back to the basic support structure and no access is
permitted that would endanger the safety of any person. This section
does not apply to platform lifts and stairway chairlifts installed in
a private residence as provided in paragraph (2) or (3) of
subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified qualified conveyance company, consistent
with this section. At a minimum, the individual qualifying on behalf
of a corporation, the owner on behalf of a sole ownership, or the
partners on behalf of a partnership, shall meet either of the
following requirements:
(1) Five years' work experience at a journeyperson level in the
conveyance industry in construction, installation, alteration,
testing, maintenance, and service and repair of conveyances covered
by this chapter. This experience shall be verified by current and
previously licensed elevator contractors or by current and previously
certified qualified conveyance companies.
(2) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(c) At a minimum, each application for certification as a
certified qualified conveyance company shall include:
(1) The name, residence and business address, and telephone
numbers and other means to contact the sole owner or each partner, or
for a corporation of the principal officers and the individual
qualifying for the corporation; the number of years the applicant
business has engaged in the business of constructing, maintaining,
and service and repair of conveyances; and other information as the
division may require.
(2) The fee required by this chapter.
(d) Before bidding for or engaging in any work covered by this
chapter, a certified qualified conveyance company shall submit proof
to the division by certified copies of policies or certificates of
insurance, of all of the following:
(1) Liability insurance providing general liability coverage of
not less than one million dollars ($1,000,000) for injury or death of
any one person or persons in any one occurrence, with coverage of
not less than five hundred thousand dollars ($500,000) for property
damage of any one person or persons in any one occurrence.
(2) Workers' compensation insurance coverage.
(3) In the event of any material alteration or cancellation of any
policy specified in paragraph (1) or (2), the certified qualified
conveyance company shall provide written notice thereof to the
division within five working days.
(e) An elevator company subject to this chapter shall disclose its
status as a certified qualified conveyance company prior to bidding
on a project or prior to contracting for services. The disclosure
shall be in writing and located in a conspicuous place on the bid
documents or contract in at least 10-point type.
SEC. 2. Section 7311.25 is added to the Labor Code, to read:
7311.25. (a) The following meanings apply for purposes of this
section:
(1) "Agricultural production, processing, and handling facilities"
includes grain elevators, feed mills, flour mills, rice mills, rice
dryers, and other similar facilities.
(2) "Applicable Elevator Safety Orders" means the Elevator Safety
Orders referenced in Subchapter 6 (commencing with Section 3000) of
Chapter 4 of Division 1 of Title 8 of the California Code of
Regulations, and any successors to those orders.
(b) Notwithstanding Section 7311.2 or any other provision of this
chapter, an owner or operator of agricultural production, processing,
and handling facilities may designate a competent person in his or
her employ to maintain, repair, service, lubricate, or test manlifts
installed and used at the facilities if the manlifts are maintained
and inspected in accordance with applicable Elevator Safety Orders.
The designated competent person need not be a certified competent
conveyance mechanic.
