LEGAL ISSUES
be followed when the temperature reaches a set point. Last summer was the hottest on
record. As we head into summer again, it is vital for you to review your IIPP to ensure it incorporates Cal/OSHA’s new Heat Illness Prevention regula- tions that were revised in May 2015. For example, the “trigger temperature” at which contractors must ensure access to shade was lowered from 85 to 80 degrees Fahrenheit. Te amended regulations also
impose new obligations on contractors when an employee requests a “preven- tative cool-down rest,” including monitoring the employee for symptoms of heat illness and encouraging the employee to remain in the shade until heat illness symptoms have abated.
Review Your IIPP/HIPP Now In light of Cal/OSHA’s ever more
complex regulations, coupled with its increased enforcement and a constantly evolving workplace, you simply cannot
afford to allow your IIPP to “gather dust.” Carefully review your IIPP and seek guidance from legal counsel to ensure your IIPP complies with Cal/ OSHA’s standards and meets the needs of your workplace.
Collin D. Cook, ccook@laborlawyers.
com, (949) 851-2166, and Bret Martin,
bmartin@laborlawyers.com, (949) 798-2193, are attorneys with Fisher & Phillips LLP, in Irvine, CA.
SAFETY CORNER
When is a Roof Just a Roof? I
By Lisa Prince, Walter & Prince LLP
t was not a matter of harmless semantics when Cal/OSHA threatened to shut a job down
in Oakland during October, 2012. Tat job was a 12-story hospital near completion. Te point of contention was access to and egress from the roof of the building. Citations were issued and appealed.
As the appeal progressed, it became clear that this was an issue challenging general contractors across the state. With sections of California law in conflict, the case would ultimately come down to the meaning of the terms “roof ” and “uppermost floor”. Title 8 California Code of Regula-
tions (CCR) sections 1629 and 1630 address methods of access and egress on construction jobs. Section 1629 requires that two or more stairways be provided in buildings that are three stories or more. In steel-framed buildings, stairways are to extend to the uppermost floor planked or decked. It also requires that a safe access be provided to roof and attic areas. Section 1630 requires installation
of construction hoists on structures over 60 feet in height. Hoist landings must be provided at the uppermost floor and at least every three floors.
“Roof” or Uppermost Floor? Te Division interpreted that the
www.AGC-CA.org
roof, when an elevator penthouse, electrical room or other structure is present, is the uppermost floor. In this instance, Cal/OSHA took
exception to the fact that there was one stairway to the roof. Te second, temporary stair had been closed to allow for installation of air handling equipment. Tree personnel hoists providing access to the roof had been removed to allow for installation of the skin of the building. At the time of the visit, four
interior elevators and at least two stairways provided access to all floors including the uppermost floor. Te GC was at a loss. Te building
couldn’t be finished without removing the temporary forms of roof access, yet inspectors insisted the temporary access couldn’t be removed while construction was still in progress.
Catch 22 Was there a way out of this Catch
22? Te answer to that question would affect contractors across the state. California Building Codes do
not require an elevator to the roof of buildings, and only one stairway, if any, is required to the roof. As a result, general contractors are provided with plans to build structures that at some point would be out of compliance with Cal/OSHA’s interpretation of the access requirements. An Administrative Law Judge
(ALJ) for the Occupational Safety and Health Appeals Board (Appeals Board) agreed that the roof level, because of various HVAC and other “fully enclosed rooms” on that level, presented a similar hazard to that on the lower floors and should be treated as the upper-most floor. Tis required a construction hoist and two stairways to the roof during the entire construction process.
Recent Clarification Last month, the full Appeals Board
issued a Decision After Reconsid- eration in McCarthy Building Co. that found the terms “roof ” and “uppermost floor” are not the same and may not be interchanged. Te language of section 1629 requires a safe means of access and egress the roof, not two stairways. Section 1630 requires that landing for construction hoists be provided on the uppermost floor, not the roof. As a result of this clarification,
contractors in California can complete projects while in compliance with the rules of access and egress.
Lisa Prince is with Walter & Prince LLP, Healdsburg, CA.
Associated General Contractors of California 19
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