California Code of Regulations|§ 6303 - General

                                                

(a) Overhead protection and necessary screens or barriers, of sufficient strength and dimension to afford adequate protection for the operator, shall be provided on or above all logging machines. Such devices shall be constructed so that they do not substantially impair the operator's view.
(b) Substantial barriers or bulkheads that protect the operator shall be provided on all logging machines when the design, location, or use of such machines exposes the operators to materials or loads being handled. Such barriers or bulkheads shall be of adequate size, capable of withstanding the impact of the materials handled.
(c) Machines, sleds, or bases shall be designed and constructed for their intended purposes; machines shall be securely anchored to their bases.
(d) Mobile logging machine brakes shall be capable of stopping and holding the machine on any grade on which it is being operated or parked. The brakes shall be effective in any direction of travel regardless of whether the engine is running. Mobile logging machines shall also be equipped with a brake locking device.
(e) Controls shall be maintained in good operating condition.
(f) Exhaust pipes shall be located or guarded so that employees are not endangered by accidental contact with them.
(g) Brakes or dogs shall be installed on all hoist drums.
(1) Brakes shall be maintained in effective working condition.
(2) Brake linings shall be of materials designed for this purpose.
(3) Brake levers shall be provided with a ratchet or other equally effective means for securely holding the drums.
(4) Brakes shall be protected from direct exposure to the elements, or shall be of design or construction which renders them impervious to such exposure.
(5) At the start of each shift, operators shall test brakes before taking any full load.

Notes

Cal. Code Regs. Tit. 8, § 6303

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

1. Amendment of subsections (a) and (f) filed 2-6-85; effective thirtieth day thereafter (Register 85, No. 6).

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Plaintiff contends the work he did for Defendant Hole qualified as “employment” under Labor Code section 6303(b) and therefore Hole was required to follow Cal OSHA safety rules. (Cortez v. Abich (2011) 51 Cal.4th 285, 288-289.)

  • Name

    HOLE V. HU

  • Case No.

    SCV-260843

  • Hearing

    Oct 03, 2018

  • Judge

    René Auguste Chouteau

  • County

    Sonoma County, CA

(Business & Professions Code section 7026.1) Under Labor Code section 6303(b) there is an exception to this rule if the work is a "household domestic service." The issue before the court is whether the tree-trimming activities at Mr. Tuomey's rental property fell into the "household domestic service" exception. There are two primary cases discussing the "household domestic service" exception: Fernandez v. Lawson (2003) 31 Cal.4th 31 ("Fernandez") and Stewart v.

  • Name

    CALIFORNIA DEPARTMENT OF INDU VS CALIFORNIA OCCUPATIONAL SAF

  • Case No.

    RG20061099

  • Hearing

    Jul 19, 2021

They establish minimum standards and apply to all employments and places of employment in California as defined by Labor Code Section 6303. Cal. Code Regs., tit. 8, § 3202(a). "[T]he provisions of this division, and the occupational safety and health standards and orders promulgated under this code, are applicable to proceedings against employers for the exclusive purpose of maintaining and enforcing employee safety." Lab. Code, § 6304.5.

  • Name

    JOSE BEJAR VS. GEA WESTFALIA SEPARATOR INC

  • Case No.

    56-2018-00507035-CU-PL-VTA

  • Hearing

    Oct 05, 2018

Based on the foregoing, substantial evidence supports Respondents findings and legal conclusions the tree work was not a household domestic service within the meaning of Fernandez and Labor Code section 6303, subdivision (b).

  • Name

    LAWRENCE A. JONES, ET AL. VS OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD

  • Case No.

    22STCP02302

  • Hearing

    Jul 12, 2023

  • County

    Los Angeles County, CA

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