Cal. Code Regs. tit. 8 § 341.6

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 341.6 - Registration Requirements

(a) An employer who will be engaging in asbestos-related work, as defined, in subsection (b), involving 100 square feet or more of surface area of asbestos-containing material, computed in accordance with subsection (e) of this section, shall apply for and obtain a registration from the division prior to the commencement of any such work.

The registration shall be valid for one year after issuance by the division.

(b) "Asbestos-related work" means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos.

(c) "Asbestos containing construction materials" means any manufactured construction material which contains more than 1/10th of 1% asbestos by weight.

(d) "Asbestos" means fibrous forms of various hydrated minerals including chrysotile (fibrous serpentine), crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.

(e) The square footage of asbestos containing construction material, as defined in subsection (c) of this section, shall be determined by computing the surface area of any such material which will be handled during the course of the work being performed by the employer at a single worksite. If the asbestos containing construction material is situated in noncontiguous locations at a single worksite, the total square footage of such asbestos containing construction material shall be included in the computation, unless the work is performed as part of a routine and continuing maintenance and repair plan of existing fixtures or machinery where each component of such work involves less than 100 square feet.

"A single worksite," as used in this subsection, shall include all buildings, structures, premises, fixtures, machinery or other areas containing asbestos containing construction material which will be handled during the course of the work for which the employer has contracted whether pursuant to single or multiple contracts with the same hirer.

This article is not intended to apply to asbestos-related work involving less than 100 square feet of asbestos containing construction material performed at separate unrelated worksites by the same employer even though the aggregate total of all such work equals or exceeds one hundred square feet annually.

NOTE: The requirements of this section apply only to asbestos-related work involving 100 square feet or more of surface area of asbestos-containing construction material. Compliance with this section shall constitute compliance with the reporting requirements of section of title 85208 of title 8 of the California Code of Regulations. For asbestos-related work involving less than 100 square feet of surface area of asbestos-containing construction material, and for other work involving the use or handling of asbestos, employers shall comply with the reporting requirements of section of title 85208 of title 8 of the California Code of Regulations.

Cal. Code Regs. Tit. 8, § 341.6

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).
2. Amendment filed 8-1-88 as an emergency; operative 8-1-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-29-88.
3. Certificate of Compliance transmitted to OAL 11-29-88 and filed 12-29-88 (Register 89, No. 2).
4. Change without regulatory effect amending section (a) filed 9-14-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 43).

Note: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6501.5, 6501.7 and 6501.8, Labor Code.