Maintenance of Adequate Toilets and Hand Washing Facilities
by Shirley Caraveo, M.S. Safety

Two of the unsung assets of the workplace, are the toilet and the hand washing facility. They not only serve to handle basic human needs, but are an instrumental part of basic and chemical hygiene; and may be used to keep existing injuries clean throughout the working day.

BASIC REQUIREMENTS
Cal/OSHA Requirements for Toilets: A minimum of one separate toilet, per sex, is required for each 20 employees on site or fraction of 20 employees. With less than 5 employees, only one toilet for everyone, must be provided. When there is no sanitary sewer or adequate water supply, non-water carriage disposal facilities must be provided. (CCR 1526)

Cal/OSHA Requirements for Hand Washing Facilities: A minimum of one washing station for each 20 employees or fraction of 20 employees must be provided here as well, and located in conjunction with a toilet. They must be supplied with:

     an adequate water capability for effective washing,

     provide a suitable cleansing agent (like soap) and

     either single-use towels or a warm-air blower in good working condition.

When washing stations are provided in association with portable toilets, employers must provide notice that the water is intended for washing. They must locate the washing station outside of the toilet facility and not attached to it. The exception is for less than 5 employees: in that case, the washing station may be located inside of the portable toilet room.

Other Options for Hygiene – But Not a Replacement for Hand Washing Facilities: Waterless hand cleaners/sanitizers and moistened towelettes (baby wipes) may be provided, but they are not a substitute for the required washing station. The washing station must provide soap (or other suitable cleaning agent) and water. Non-potable water may not be used for washing. (CCR 1524)  

Hygiene for Removing Hazardous Substances: For chemical hygiene needs, standard cleaning agents may not be adequate to remove chemicals from the skin. Though washing facilities for removal of hazardous substances must meet the same basic requirements as those for general sanitation, employers must provide special cleansing compounds for chemical hygiene, where necessary. (CCR 1527).  Emergency eye wash and shower facilities may also be required for immediate eye, face and body flushing.
Mobile crews, who may have access to other facilities, are an exception to these regulations.

MAINTENANCE
Maintenance of Toilet Facilities: Toilet facilities shall be kept clean, maintained in good working order, designed and maintained in a manner which will assure privacy and provided with an adequate supply of toilet paper.
Maintenance of Washing Stations: The basic requirements for washing stations for general sanitation and for hazardous materials in the construction industry are that they be maintained in a clean and sanitary condition.

Toilets and handwashing facilities, of adequate number and maintained in good working condition, assist in maintaining general hygiene at the job. They also assist in returning employees back to their jobs as quickly as possible, so that production can continue in a timely fashion.

To obtain more information about General Contractor Specifications for Site Safety Requirements , go to:

S.C.B.A. website: www.socalbuilders.org .
State Fund website: www.scif.com

Ask the Code Consultant
By Chuck Daleo

Q:  I installed a tankless water heater and installed the pressure relief valve at an exterior hose bib.  The inspector insisted that the vale had to be on the water heater.  Is this true?

Bryan N.

Since this is a plumbing code question, I asked my good friend Fady Mattar if this was a requirement.  He said no and that the valve can be installed outside. 

I told Bryan to ask the inspector for a Code section justifying his correction.

The pressure relief valve senses the internal pressure within the water piping.  If the water heater builds up too much pressure, the relief valve will open and reduce the pressure.  At least that is the purpose of the valve. 

It should not matter where it is located as long as it can function for its intent and purpose.

One of the biggest concerns I have found is that many relief valves are installed on the water heater and then not piped to the exterior.  If installed on the water heater, the water released under pressure will be heated and can scald a person if exposed to the blow off.

I have found many cases where the valve opening was on the top of the water heater and the pressured flow was about face high.  I have also found this condition in commercial uses.  When I have asked the proprietor they often replaced the water heater themselves and did not complete the installation.  And, they definitely did not bother with a permit. 

When I asked “Why not?” they replied it was too expensive to hire a plumber and get a permit.  To do so often triples the cost of a water heater purchased at any of the big box hardware stores.  

There is a ton of liability if an accident occurred and the proprietor failed to do it correctly and did not get a permit and inspection.  If a permit is required (and it is) and you didn’t get one, the fact is that sets a condition called negligence per se, which basically means you are guilty for any damages.  Check with your attorney.

Q:  I have a TI job in an existing building.  The plan checker wrote that my work and the existing building must comply with the new Building Code.  I asked how the existing building can comply with the new Code and he said to hire a structural engineer. 

When I told my client, he instructed me to just do the work and screw the permit.

I did as he instructed me but now I am concerned that my license is in jeopardy.  What should I do?

Stan H.

The correct response borders on a legal opinion but I have discussed several similar issues with CLSB staff and they have said they enforce the provisions of the contract only.

To me, this means that your relationship with your client is all important.  The CSLB will respond to a complaint filed by the client because that is what they enforce – the CONTRACT. 

However, when I was a Building Official, I have joined forces with the CLSB when a licensed contactor had adversely affected the community.  When a Building Official asks for their help, the CSLB will usually get involved and investigate the contractor. 

Many years ago, we jointly suspended the license of a remodeling contractor who had scammed many homeowners in the city where I was the Chief Inspector.  This contractor was well known because he advertised in all the media and even had showrooms in the major malls.

The suspension of his license prevented him from pulling any more permits until he had straightened up the mess for about 20 homeowners.  One of our tactics is that we got each homeowner to file a complaint because they were the CLIENTS.

In another case, I was contacted by the homeowner who complained that the work on her home was shoddy.  My inspector confirmed that there was a major problem. 

I contacted the contractor whose name was on the permit and he had no knowledge of the job.  He met me at the homeowner’s who confirmed that he was not the contractor.  We then set up a sting and when the fake contarctor showed up, the police arrested him based on charges filed by the CSLB investigator.

The real contractor then came in and out of the goodness of his heart finished the job at no additional cost to the homeowner.  He had no obligation to do so.

Yeah, its true, there are some good guys out there!

Traffic Control Safety

When road workers build, maintain, repair, or conduct other work on public streets or highways, they must be protected from traffic or haulage hazards. A variety of traffic control measures such as signs, lights, and other devices, along with continuous patrol, detours, and barricades can be used as traffic control measures, depending on the type of road and the work being done.

Cal/OSHA requires road workers to choose traffic control measures that meet the requirements of the California Vehicle Code, Section 21400, and comply with the "California Manual on Uniform Traffic Control Devices for Streets and Highways," (September 26, 2006)." This manual is available online at www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/ca_mutcd.htm.

When you start work near a road, evaluate the work site for hazards. Look for blind corners, how heavy the traffic is, and how fast it flows. Note the weather, temperature, and visibility and how they will affect the work that you are doing and how motorists will respond. Plan and draw out a diagram of your work site layout including the staging area, buffer area, transition area, and work area. Determine, based on the road type and the typical vehicle speeds, how many advanced warning signs you will need and how long the buffer area and tapers need to be.

Use at least one warning sign before the road work area begins to inform motorists that they are approaching an area where workers may be in the road. You may need more signs depending on sight distance along the road. Use a tapered line of cones to establish and separate the work area and redirect traffic away from workers. Use clean, unbroken, and highly visible safety cones to outline traffic lanes. Inspect all signs, signals, and lights to make sure they are working properly.

Notify law enforcement if you are going to be controlling traffic and request an enforcement zone if necessary. You can also notify and request the presence of the local Department of Transportation. Keep an emergency vehicle, lights, flares, air horns, and signs available on the work site in case there is an accident or other emergency. Inspect all of your tools, equipment, and signage to ensure that they function properly. Ensure that all mobile equipment has a backup warning device or use spotters with radios when moving equipment.

Road workers should be visible to all other workers in the area and to the motorists passing by. Wear warning garments such as vests, jackets, shirts or pants in orange, strong yellow-green, or fluorescent colors. In rainy weather, wear orange, strong yellow-green, or yellow rainwear.

During hours of darkness, your warning garments should be retroreflective, meaning that light shined on the clothing from a headlight or a work light will reflect back toward the driver or user to increase visibility. The retroreflective material should be visible from at least 1,000 feet. Your clothing should have at least one horizontal stripe of retroreflective material around the torso. White clothing with retroreflective material is also allowed.

The above evaluations and/or recommendations are for general guidance only and should not be relied upon for legal compliance purposes. They are based solely on the information provided to us and relate only to those conditions specifically discussed. We do not make any warranty, expressed or implied, that your workplace is safe or healthful or that it complies with all laws, regulations or standards.

Seguridad en el Control de Tráfico

Cuando los trabajadores construyen, hacen mantenimiento, reparan o ejecutan otras tareas en calles o carreteras públicas, deben estar protegidos contra los peligros del tráfico y los vehículos de transporte. Se puede utilizar una amplia variedad de medidas de control, tales como señales, luces y otros dispositivos, junto con patrullaje continuo, desvíos y barricadas, dependiendo del tipo de camino y de los trabajos que se realizan.

Cal/OSHA exige que los trabajadores en caminos elijan medidas de control de tráfico que cumplan con los requerimientos del Código Vehicular de California (California Vehicle Code), Sección 21400, y cumplan también con el Manual de California para Dispositivos Uniformes de Control de Tráfico para Calles y Carreteras (California Manual on Uniform Traffic Control Devices for Streets and Highways), de fecha septiembre 26, 2006. Este manual está disponible en Internet en www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/ca_mutcd.htm.

Al comenzar los trabajos cerca de un camino, evalúe los peligros en el sitio de trabajo. Busque esquinas ciegas, estime la densidad del tráfico, así como su velocidad. Considere el tiempo, la temperatura y la visibilidad, y cómo estos factores puedan afectar el trabajo que se realiza y cómo los conductores puedan responder. Planifique y dibuje un diagrama de la disposición del sitio de trabajo, incluyendo el área de almacenaje de materiales, área de seguridad, área de transición y área de trabajo. Determine, basado en el tipo de camino y la velocidad típica de los vehículos, cuántos avisos de advertencia serán necesarios y que longitud deberá tener el área de seguridad y el área de disminución de velocidad.

Use al menos un aviso de advertencia antes del comienzo del área de trabajo para informar a los conductores que se están acercando a un área en que puede haber trabajadores en el camino. Se pueden requerir más avisos, dependiendo de la distancia que se alcanza a ver a lo largo del camino. Use una línea diagonal de conos para establecer y separar el área de trabajo y dirigir el tráfico para que se aleje de los trabajadores. Use conos de tráfico limpios, sin desperfectos y de alta visibilidad para delinear los canales de tránsito. Inspeccione todos los avisos, las señales y las luces para asegurar que estén funcionando correctamente.

Notifique a las autoridades de tránsito si usted necesita dirigir el tráfico, y solicite una zona de vigilancia policial si es necesario. Usted también puede notificar al Departamento de Transporte (Department of Transportation) local y solicitar su presencia. Tenga disponible un vehículo de emergencia, luces, bengalas, bocinas de aire y avisos en el sitio de trabajo en caso de que ocurra un accidente u otra emergencia. Inspeccione todas las herramientas, equipos y avisos para asegurar que funcionen correctamente. Asegúrese de que todos los equipos móviles tengan un dispositivo de aviso de retroceso, o usen ayudantes con radios al mover los equipos.

Los trabajadores de caminos deberán ser visibles a todos los demás trabajadores en el área y a los conductores que transitan cerca de ellos. Use ropa de advertencia, tales como chalecos, chaquetas, camisas o pantalones color naranja, verde-amarillo vivo o colores fluorescentes. En tiempo lluvioso, use ropa impermeable de color naranja, verde-amarillo vivo o amarillo.

Durante la noche, la ropa que se usa debe ser reflectante, o sea, que la luz que se proyecte contra la ropa desde un faro de auto o de una luz de trabajo, se refleje de regreso al conductor para mejorar la visibilidad. El material reflectante deberá ser visible desde al menos 1,000 pies. La ropa deberá tener al menos una franja horizontal de material reflectante alrededor del pecho. También se permite el uso de ropa blanca con material reflectante.

The above evaluations and/or recommendations are for general guidance only and should not be relied upon for legal compliance purposes. They are based solely on the information provided to us and relate only to those conditions specifically discussed. We do not make any warranty, expressed or implied, that your workplace is safe or healthful or that it complies with all laws, regulations or standards.

Kalb's Q&A for Contractors
By David Kalb, President of Capitol
Services, Inc.
Kalb's Q&A for Contractors

If you are not a regular reader, you may not know that you can access this column and others going back years with a single word search on my website, which our first contractor found useful…

Q: First, let me thank you so much for the resources on your website. I’m new to the industry and they’ve been very helpful. I have one question, which I’m hoping you may be able to direct me to an answer: We have a Responsible Managing Employee (RME) who is the qualifying individual for our “C-10” and “B” licenses. If we were to replace our current RME with another person who had those licenses PLUS an “A” would the new RME have to inactivate ALL his licenses to become our RME, or only the license for which he’s serving as our Qualifying individual? In other words, would he be able to keep his Sole Owner “A” active? Is there any specific statute or provision you could direct me to that addresses these issues?

A: I appreciate the feedback and am glad you find my website to be a valuable resource. Unfortunately, you cannot separate a RME’s classifications in the manner you describe. Whether you use the new RME for one classification or all three, he must still inactivate his ENTIRE Sole Owner license. B&P Code Section 7068.1 addresses this issue. It details the circumstances under which someone may act as a qualifying individual for more than one license.

Q: Read your book and found it very informative. I am curious: If we perform work on a military base or other federal property, such as office buildings or courthouses (Federal), do local licensing laws apply? I know some contractors working those locations who are not licensed by the state. Do in fact state laws apply to federal property?

A: Thank you for reading my book. In many instances local and state licensing laws do apply to the renovation or construction of federal structures such as courthouses and office buildings. These are typically located in a city where everything surrounding the building would be subject to licensing regulations and the property may in fact be leased. It has been my experience that many regulatory agencies distinguish this from work on military bases (for instance military housing) that are fully encompassed by federal property.

Regardless, Federal project administrators will sometimes require or impose standards to comply with local or state government licensing in the jurisdiction where the work is being handled. I suggest that you contact the CSLB and the jurisdiction where this work is taking place in writing regarding specific projects to determine what regulations or licensing may apply.

Q: We have an employee that used his license to qualify for our company in California but he did it as a Responsible Managing Officer (RMO). He was supposed to be listed as RME! What are the implications of this mistake?

A: First off, I highly recommend that you either: a) file the appropriate form to change your Qualifier to the proper RME designation or b) immediately appoint this person as an officer to match his present corporate title (this would have been listed on the application). It’s difficult to say what the “implications” are if any. If your Qualifier has been involved in the day to day operations of the company; has been overseeing company projects; and working at least 32 hours per week (as required for a RME), then it’s unlikely the CSLB would take any action against your license. Administrative errors occur! On the other hand, if your RMO/RME has not been very involved -- and your company becomes embroiled in some legal action -- this ‘mistake’ could have a serious impact. Whatever you choose, this situation requires immediate attention to correct.

While knowledge is power, knowing where to go for the answers is half the battle. Get expert assistance immediately when you call 866-443-0657, email info@cutredtape.com, or write me at Capitol Services, Inc., 1225 8th St. Ste. 580, Sacramento, CA 95814.

Research past columns at www.cutredtape.com