Chapter 8.26 — INDUSTRIAL HYGIENE SERVICES

The purpose of this Chapter is to prescribe minimum sanitary, environmental and preventive public health requirements for the protection of the health of all employees and the public in establishments subject to the provisions of this Chapter.

(Ord. C-5891 § 1 (part), 1982)

This Chapter shall apply to all establishments in which articles are manufactured, processed, cleaned, sorted, assembled or renovated, in whole or in part, educational facilities, establishments in which the public may be present, and those establishments practicing the healing arts.

(Ord. C-5891 § 1 (part), 1982)

The following words and terms as used in this Chapter shall have the meanings as indicated in this Section as follows:

A.

"Adequate or approved" means in conformance with good health practices which in the opinion of the Health Officer are sufficient to protect the health and well being of the employee.

B.

"Breathing zone" means the area or zone of a worker's head during normal operation of a process while at work.

C.

"Capture velocity" means the velocity of air at specific points or zones which causes air contaminants to flow to an exhaust system.

D.

"Conveying velocity" means the air speed determined to be necessary to convey a contaminant through a duct or system.

E.

"Corrosive substance" means any substances which on contact with living tissue will cause destruction of tissue by chemical action, but does not refer to action on inanimate surfaces.

F.

"Dermatitis" means inflammation of the surface of the skin or epidermis.

G.

"Employee" means any person, including an owner, or partner who works in or is employed in a place of employment.

H.

"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of a man, woman or minor.

I.

"Gassing" means the rate of generation of a contaminant.

J.

"General ventilation" means introduction of uncontaminated air into an area, room or building or exhausting air therefrom by other than local exhaust ventilation systems.

K.

"Health Officer" means the Health Officer of the City of Long Beach.

L.

"Hood" means any air intake device connected to an exhaust ventilation system or duct to capture and remove dust, fumes, gases, vapors, mists, smoke, heat or otherwise provide local exhaust ventilation.

M.

"Irritant" means any substance not necessarily corrosive as defined herein, but which on either immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction.

N.

"Lateral exhaust" means local exhaust ventilation designed with slots at the periphery or along the midsection of a surface or tank for the purpose of preventing escape of significant amounts of contaminants to the breathing zone.

O.

"Local exhaust ventilation" means a ventilating system intended to capture air contaminants at or near their point of origin and transport them to an approved exhaust system.

P.

"Occupational disease" as hereinafter used means any disease or infection, including dermatitis, which is peculiar to the industrial process, trade or occupation in each instance and which arises out of and in the scope of employment, and to which an employee is not ordinarily subjected or exposed other than during a period of regular actual employment therein.

Q.

"An occupational health hazard" within the meaning of this Code is any risk to employee's health associated with or arising out of his occupation or occupational work or environment.

R.

"Place of employment or industrial establishment" means every place where persons are employed.

S.

"Sanitary condition" means that physical condition which will tend to prevent the incidence and spread of disease.

T.

"Strong sensitizer" means a substance which will cause on normal living tissue through an allergic or photodynamic process, a hypersensitivity which becomes evidence on reapplication of the same substance and which is so recognized by national authority. Before designating any substance as a strong sensitizer, the department, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity.

U.

"Toilet facilities" means fixtures maintained within toilet rooms for the purpose of defecation.

V.

"Toilet room" means a room maintained within or on the premises of any place of employment containing toilet facilities for use of employees, and shall be used for no other purpose.

W.

"Toxic substance" means any substance other than a radioactive substance which has the capacity to produce personal injury or illness to man through ingestion, inhalation or absorption through any body surface.

X.

"Urinal" means a fixture connected with a sewer, maintained within a toilet room for the sole purpose of urination.

Y.

"Water closet" means a toilet facility which is connected to a sewer and flushed with water under pressure.

(Ord. C-5891 § 1 (part), 1982)

The employers or other persons as provided herein shall be responsible for the following requirements relating to water supply as set forth herein:

A.

It shall be the responsibility of the owner, operator or employer to provide to every place of employment at all times an adequate supply of running water under pressure for use by human beings for both drinking, face and body washing purposes. Such supply and the facilities, and the location of such facilities, must be approved by the Health Officer.

B.

Ice in contact with drinking water or other beverages shall be made of potable water and maintained in a sanitary condition. All containers used for drinking water shall be of a type and of a construction approved by the Health Officer.

C.

No employee shall provide or expose for common use, or permit to be so provided or exposed or allow to be used in common, any cup, glass, or other receptacle used for drinking purposes.

D.

Where single-service drinking cups are supplied, there shall be provided by the owner at all times, an approved sanitary container for the unused cups and also an approved receptacle for disposing of the used

cups.

E.

When sanitary drinking fountains are provided in compliance with this Code, it shall be the responsibility of the employer that they shall be of the angle jet type, with guard, and in good working order at all times, and must be of a design approved by the Health Officer. When such drinking fountains are provided, at least one (1) must be provided for each fifty (50) employees, or fraction thereof.

F.

No person shall fail to provide a drain from any drinking fountain or other potable water source. Said drain shall be connected to an approved drainage system as approved by the Health Officer.

G.

No employer or employee shall provide an open container such as barrels, pails, or tanks for drinking water for general use, from which the water must be dipped or poured, whether fitted with a cover or not.

(Ord. C-5891 § 1 (part), 1982)

The employer shall be responsible for the following requirements relating to sanitary facilities as set forth herein:

A.

Separate toilet facilities shall be provided by the employer for each sex according to the following table:

* Urinals may be installed instead of water closets in toilet rooms to be used only by men provided that the number of water closets shall not be less than two-thirds of the minimum number of toilet facilities specified. When there are less than five (5) employees, separate toilet rooms for each sex are not required provided toilet rooms can be locked from the inside and contain at least one (1) water closet.

B.

When persons other than employees are regularly permitted the use of toilet facilities on the premises, the number of such facilities shall be correspondingly increased in accordance with this Section.

C.

Toilet facilities shall be kept clean, maintained in good working order and be accessible to the employees at all times. Where practicable, toilet facilities should be within two hundred feet (200') (sixty-one (61) meters) of locations at which workers are regularly employed and should not be more than one (1) floor-to-floor flight of stairs from working areas.

D.

The requirements of this Section do not apply to mobile crews or to normally unattended work locations provided employees at these locations have immediately available transportation to nearby toilet facilities which meet the other requirements of this Section.

E.

All water-carried sewage shall be disposed of by means of either a public sewage system or by a sewage disposal system in conformance with applicable state and local laws, ordinances, and regulations. The sewage disposal method shall not endanger the health of employees.

F.

An adequate supply of toilet paper with holder shall be provided for every water closet.

G.

Covered receptacles for sanitary napkin disposal shall be provided in all toilet rooms used by women.

H.

Washing facilities shall be provided in every toilet room or be adjacent thereto. A minimum of one (1) lavatory shall be provided for every three (3) toilet facilities, or fraction thereof, required by this Section. (See Subsection 8.25.060.C for total number of required washing facilities including those associated with toilet rooms).

I.

The floors, walls and ceilings of all toilet rooms shall be of a nonabsorbent material approved by the Health Officer that can be easily cleaned and maintained in good repair.

J.

All outside windows of all toilet rooms shall be equipped with suitable and effective insect screens approved by the Health Officer.

K.

All inside toilet rooms shall be effectively vented to the outside air by mechanical means as approved by the Health Officer.

L.

Every water closet bowl shall be set entirely free and open from all enclosing woodwork, and shall be so installed that the space around the fixture may be easily cleaned.

(Ord. C-5891 § 1 (part), 1982)

Adequate facilities for maintaining personal cleanliness shall be provided by the employer in every place of employment. Their number and proximity to the employees shall be such as to fulfill properly the requirements set forth in this Code and shall be maintained in a clean and sanitary condition at all times and in compliance with the following:

A.

Washing facilities for maintaining personal cleanliness shall be provided in every place of employment. These facilities shall be reasonably accessible to all employees.

B.

Washing facilities shall be maintained in good working order and in a sanitary condition.

C.

Lavatories, including those associated with toilet rooms, shall be made available according to the following table:

In a multiple-use lavatory, twenty-four (24) lineal inches (sixty-one cm) of sink or eighteen (18) inches (forty-five cm) of circular basin, when provided with individual faucet, shall be considered equivalent to one (1) lavatory.

D.

The requirements of Subsection C of this Section do not apply to mobile crews or to normally unattended work locations provided employees working at these locations have readily available transportation to nearby washing facilities which meet the other requirements of this paragraph.

E.

Each lavatory shall be provided with running water and suitable cleansing agents. The water shall be available at temperatures of at least eighty-five degrees Fahrenheit (85°F.) in those instances where:

Substances regulated as carcinogens in these orders are used.

F.

Clean individual hand towels, or sections thereof, of cloth or paper or warm-air blowers convenient to the lavatories shall be provided. Warm-air blowers shall provide air at not less than ninety degrees Fahrenheit (90°F.), shall have means to automatically prevent the discharge of air exceeding one hundred forty degrees Fahrenheit (140°F.), and shall have electrical components which meet the requirements of the Electrical Safety Orders of Title 8 of the California Administrative Code.

G.

Receptacles shall be provided for the disposal of used towels.

H.

Where showering is required:

Separate shower rooms shall be provided for each sex. One (1) shower facility with hot and cold water feeding a common discharge line shall be provided for each ten (10) employees, or numerical fraction thereof, who are required to shower during the same shift. When there are less than five (5) employees the same shower may be used by both sexes provided the shower room can be locked from the inside.

Body soap or other appropriate cleansing agents convenient to the shower shall be provided.

Employees who use showers shall be provided with individual clean towels.

I.

Where there is exposure to skin contamination with poisonous, infectious or irritating materials, one (1) lavatory shall be provided for each five (5) persons. Where wash sinks or circular basins are used, twenty- four (24) lineal inches of wash sink or eighteen inches (18") of circular basin, when provided with water outlets for each space, shall be considered equivalent to one (1) lavatory. In all instances, a suitable cleansing agent shall be provided at each wash place.

J.

Employers shall provide change rooms, showers, baths, or lavatories having hot and cold running water, soap and towels, in every place of employment where lack of such facilities may constitute an occupational health hazard and may result in an occupational disease.

(Ord. C-5891 § 1 (part), 1982)

A.

In all places of employment where employees are permitted to lunch on the premises the employer shall provide an adequate space suitable for that purpose for the maximum number of employees who may use such space at one time. Such space shall be separate and apart from any location where there is an exposure to toxic materials.

B.

The employers shall provide receptacles constructed of smooth, corrosion-resistant, easily cleanable or disposable materials which shall be used for the disposal of food. The number, size and location of such receptacles shall be adequate to prevent overfilling. Receptacles containing food waste shall be emptied not less than once each working day and shall be maintained in a clean and sanitary condition. They shall be provided with solid, tight-fitting covers and be covered at all times when containing waste food.

C.

It shall be unlawful for any employer to permit any employee, or for any employee to store or eat any part of his or her lunch or other food at any time where there are present any toxic materials or other substances that may be injurious to health.

(Ord. C-5891 § 1 (part), 1982)

The employer shall provide the means for cleaning and sanitizing all respiratory equipment, and it shall be the duty of the employer to cause such equipment to be maintained in a clean and sanitary condition. Respiratory equipment shall not be passed on from one (1) person to another until such equipment is cleaned and sanitized. When filter or cartridge type respirators are used, each employee shall have such respirator for his or her own exclusive use. Respiratory equipment and replacement units shall be stored, when not in use, in containers approved by the Health Officer.

(Ord. C-5891 § 1 (part), 1982)

No person, firm, corporation or employer shall use, or permit to be used, in the conduct of any business, manufacturing establishments, or other places of employment, any material or condition determined by the Health Officer to have possible adverse effects on the health of any person or persons employed therein unless arrangements have been made to maintain the environment to the extent that such injury will not result as approved by the Health Officer.

(Ord. C-5891 § 1 (part), 1982)

Whenever, in the judgment of the Health Officer, such action will promote the objective of this Code by avoiding or resolving uncertainty as to their application, the Health Officer may declare any specifically named material, compound, substance or mixture thereof to be a "toxic substance".

(Ord. C-5891 § 1 (part), 1982)

The Health Officer shall make health and sanitary inspections of places of employment to determine whether any manufacturing process or procedure may have an adverse effect on the physical health of employees or members of the public. Where necessary, the Health Officer shall order the employer to take corrective action to protect the health and well being of employees and members of the public. Any person failing to comply with such an order from the Health Officer shall be guilty of a misdemeanor.

(Ord. C-6326 § 1, 1986: Ord. C-5891 § 1 (part), 1982)

It shall be unlawful for any employer to fail to maintain any place of employment in a sanitary manner free of vermin, dirt, dusts, manufacturing debris, unusable or unused chemicals, and unsalvageable materials. Storage of such materials shall be in containers approved by the Health Officer for such use and be of adequate size and number as to eliminate improper storage conditions. Said materials are to be removed on a regular basis and of sufficient frequency as approved by the Health Officer.

(Ord. C-5891 § 1 (part), 1982)

Every employer shall equip each place of employment with lighting facilities which will adequately and effectively illuminate all operations and areas. The Health Officer shall adopt those lighting standards set forth by the Society of Illuminating Engineers to the National Institute for Occupational Safety and Health (NIOSH).

(Ord. C-5891 § 1 (part), 1982)

No person shall discharge any liquid from any industrial process on the ground or other surface in any place of employment or on public or private property. To avoid creating a hazardous or unsanitary environmental condition for employees or members of the public, an employer shall provide proper drainage, as approved by the Health Officer, for any discharge of liquid from any industrial process.

(Ord. C-6326 § 2, 1986: Ord. C-5891 § 1 (part), 1982)

Permanent aisles and passageways shall be provided by the employer and kept clean and the floor surfaces thereof shall be kept in good repair.

(Ord. C-5891 § 1 (part), 1982)

It shall be the responsibility of the employer to regularly inspect all fans, fan blades, hoods, ducts, filters and baffles and shall properly clean, maintain, repair or replace as often as is necessary said equipment to maintain performances of the involved systems to intended design requirements.

(Ord. C-5891 § 1 (part), 1982)

It shall be unlawful for any person to store together, incompatible chemicals as determined by the Health Officer which, if combined, would produce a toxic product.

(Ord. C-5891 § 1 (part), 1982)

It shall be the responsibility of the employer to provide proper storage for all unopened drums and boxed carboys. Such materials, if stacked upright and two or more layers high, shall be staggered or with pallets between layers so as to provide stability to such stacks.

(Ord. C-5891 § 1 (part), 1982)

It shall be the responsibility of the employer to see that opened drums shall be stored upright and shall not be stacked. Exception: For the purpose of dispensing, such drums may be stored on their sides not over two (2) tiers high if dispensing spigots are installed on the drums and the drums are secured in place.

(Ord. C-5891 § 1 (part), 1982)

No person shall stack carboys which have been opened.

(Ord. C-5891 § 1 (part), 1982)

The employer should at all times store and label toxic substances in a manner approved by the Health Officer. Said materials shall be protected from sources of external corrosion or damage and maintained in containers of sound construction designed to contain the toxic substance stored therein.

(Ord. C-5891 § 1 (part), 1982)

The Health Officer may review and approve or disapprove all plans and specifications pertaining to the design of ventilation systems for all places of employment or public occupancy, for the control of environmental health hazards and shall have the authority to require the submission of such plans and specifications. The employer shall submit all plans and specifications at the request of the Health Officer and shall not use, operate, or allow any person to work with any hazardous materials until the Health Officer has approved said installation.

(Ord. C-5891 § 1 (part), 1982)

A.

Any person violating any provision or failing to comply with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor, and any person so convicted shall be subject to such punishment as is provided in the Municipal Code of the City of Long Beach for such misdemeanor offense. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person and shall be punishable accordingly.

B.

All other applicable general penalty provisions of the Municipal Code shall apply to violations of this Chapter.

(Ord. C-5891 § 1 (part), 1982)

In adopting this Chapter, it is not the intention of this City Council to intrude upon any area or provisions of Federal or State law that are preemptive of local legislative or regulatory authority, and to the extent that any such intrusion may be suggested, the provisions of this Chapter should be construed to be consistent with and not in conflict with such Federal and State law including but not limited to the provisions of the Occupational Safety and Health Acts.

(Ord. C-5891 § 1 (part), 1982)