Amended IN Senate September 06, 2023 Amended IN Assembly March 14, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 752Introduced by Assembly Member Blanca Rubio(Coauthors: Assembly Members Bonta and Friedman)February 13, 2023An act to add Section 14105.5 to the Government Code, amend Section 92.1 of the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 752, as amended, Blanca Rubio. State highways: worker safety. Existing(1) Existing law establishes the Department of Transportation and provides that the department has full possession and control of all state highways and property and rights in property acquired for state highway purposes. Existing law authorizes the department to construct, improve, and maintain state highways.This bill would require the department to require, when certain criteria are met, the use of barriers and other devices placed between workers and motorized traffic for all construction, utility work, maintenance, and repair activities on state highways. The bill would require the department to require alternative methods to protect workers if the department determines that the barriers and other devices, described above, are not required. The bill would authorize the Division of Occupational Safety and Health to, in consultation with the department, adopt rules and regulations to administer and enforce these provisions.By imposing new safety requirements on local agencies performing work on state highways, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires the department to update guidance by July 1, 2021, to specify the appropriate use of positive protection measures with the goal of isolating workers or work zones from traffic. Existing law requires the department to provide compensation for the use of a safety device where the updated guidance allows, but does not require, the optional safety device when requested by a contractor on a public works project. Existing law requires the department to submit a report to the Legislature by January 1, 2024, that includes findings and recommendations on the use of positive protection measures used pursuant to these provisions. Existing law repeals these provisions on January 1, 2025.This bill would eliminate the January 1, 2025, repeal date, thereby extending these provisions indefinitely. The bill would specify that the department is only required to compensate for an optional safety device requested for use on a public works project of the department. After the submittal of the report due on January 1, 2024, the bill would require the department to prescribe standards and specifications to require the appropriate use of positive protection on all covered activities on the state highway system, as specified. The bill would authorize the department to adopt regulations as necessary or appropriate to carry out the purposes of these provisions, and would exempt those regulations from the Administrative Procedures Act.(2) Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards.This bill would require a contractor that has requested and received compensation from the department for an optional safety device to use the optional safety device in conformance with the departments guidance. The bill would authorize the division to adopt regulations as necessary or appropriate to enforce this requirement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 92.1 of the Streets and Highways Code is amended to read:92.1. (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.(b) Where the departments updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project. project of the department.(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the departments guidance.(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).(g) For purposes of this section, the following definitions apply:(1) Covered activity means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.(2) Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.SECTION 1.Section 14105.5 is added to the Government Code, to read:14105.5.(a)For purposes of this section, the following definitions apply:(1)Covered activity means all construction, utility work, maintenance, and repair activities performed on a state highway right of way.(2)Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.(b)Subject to subdivision (c), the department shall require the use of positive protection for a covered activity if any of the following conditions are present: (1)The work zone for the covered activity will be in place more than two weeks and result in substantial worker exposure to motorized traffic.(2)The covered activity is on a roadway with anticipated operating speeds exceeding 45 miles per hour and average daily traffic volumes exceeding 20,000 vehicles per day.(3)The covered activity will place workers within one lane-width of travel lanes open to traffic.(4)The work zone for the covered activity will have significant roadside hazards, such as dropoffs or unfinished bridge decks, in place for more than 24 hours.(5)The work zone for the covered activity provides workers no means of escape from external motorized traffic intruding into the workspace.(6)The department determines that positive protection is appropriate for worker safety.(c)The use of positive protection is not required for a covered activity if the department determines that all of the following criteria are met:(1)The covered activity is outside an urban area, as defined in Section 80280 of the Health and Safety Code.(2)The covered activity is on a highway with an average daily traffic volume of fewer than 100 vehicles per hour.(3)The entity performing the covered activity provides a written analysis, acceptable to the department, supporting the conclusion that positive protection is not needed to ensure worker safety.(d)If the department determines that positive protection is not required, pursuant to subdivision (c), then the department shall require the entity performing the covered activity to implement alternative methods to protect workers from vehicular intrusions into work areas. Alternative methods shall be implemented before work begins and workers shall be instructed on the methods to be used.(e)The Division of Occupational Safety and Health, in consultation with the department, may promulgate rules and regulations for the administration and enforcement of this section.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Senate September 06, 2023 Amended IN Assembly March 14, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 752Introduced by Assembly Member Blanca Rubio(Coauthors: Assembly Members Bonta and Friedman)February 13, 2023An act to add Section 14105.5 to the Government Code, amend Section 92.1 of the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 752, as amended, Blanca Rubio. State highways: worker safety. Existing(1) Existing law establishes the Department of Transportation and provides that the department has full possession and control of all state highways and property and rights in property acquired for state highway purposes. Existing law authorizes the department to construct, improve, and maintain state highways.This bill would require the department to require, when certain criteria are met, the use of barriers and other devices placed between workers and motorized traffic for all construction, utility work, maintenance, and repair activities on state highways. The bill would require the department to require alternative methods to protect workers if the department determines that the barriers and other devices, described above, are not required. The bill would authorize the Division of Occupational Safety and Health to, in consultation with the department, adopt rules and regulations to administer and enforce these provisions.By imposing new safety requirements on local agencies performing work on state highways, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires the department to update guidance by July 1, 2021, to specify the appropriate use of positive protection measures with the goal of isolating workers or work zones from traffic. Existing law requires the department to provide compensation for the use of a safety device where the updated guidance allows, but does not require, the optional safety device when requested by a contractor on a public works project. Existing law requires the department to submit a report to the Legislature by January 1, 2024, that includes findings and recommendations on the use of positive protection measures used pursuant to these provisions. Existing law repeals these provisions on January 1, 2025.This bill would eliminate the January 1, 2025, repeal date, thereby extending these provisions indefinitely. The bill would specify that the department is only required to compensate for an optional safety device requested for use on a public works project of the department. After the submittal of the report due on January 1, 2024, the bill would require the department to prescribe standards and specifications to require the appropriate use of positive protection on all covered activities on the state highway system, as specified. The bill would authorize the department to adopt regulations as necessary or appropriate to carry out the purposes of these provisions, and would exempt those regulations from the Administrative Procedures Act.(2) Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards.This bill would require a contractor that has requested and received compensation from the department for an optional safety device to use the optional safety device in conformance with the departments guidance. The bill would authorize the division to adopt regulations as necessary or appropriate to enforce this requirement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
Amended IN Senate September 06, 2023 Amended IN Assembly March 14, 2023
Amended IN Senate September 06, 2023
Amended IN Assembly March 14, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 752
Introduced by Assembly Member Blanca Rubio(Coauthors: Assembly Members Bonta and Friedman)February 13, 2023
Introduced by Assembly Member Blanca Rubio(Coauthors: Assembly Members Bonta and Friedman)
February 13, 2023
An act to add Section 14105.5 to the Government Code, amend Section 92.1 of the Streets and Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 752, as amended, Blanca Rubio. State highways: worker safety.
Existing(1) Existing law establishes the Department of Transportation and provides that the department has full possession and control of all state highways and property and rights in property acquired for state highway purposes. Existing law authorizes the department to construct, improve, and maintain state highways.This bill would require the department to require, when certain criteria are met, the use of barriers and other devices placed between workers and motorized traffic for all construction, utility work, maintenance, and repair activities on state highways. The bill would require the department to require alternative methods to protect workers if the department determines that the barriers and other devices, described above, are not required. The bill would authorize the Division of Occupational Safety and Health to, in consultation with the department, adopt rules and regulations to administer and enforce these provisions.By imposing new safety requirements on local agencies performing work on state highways, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires the department to update guidance by July 1, 2021, to specify the appropriate use of positive protection measures with the goal of isolating workers or work zones from traffic. Existing law requires the department to provide compensation for the use of a safety device where the updated guidance allows, but does not require, the optional safety device when requested by a contractor on a public works project. Existing law requires the department to submit a report to the Legislature by January 1, 2024, that includes findings and recommendations on the use of positive protection measures used pursuant to these provisions. Existing law repeals these provisions on January 1, 2025.This bill would eliminate the January 1, 2025, repeal date, thereby extending these provisions indefinitely. The bill would specify that the department is only required to compensate for an optional safety device requested for use on a public works project of the department. After the submittal of the report due on January 1, 2024, the bill would require the department to prescribe standards and specifications to require the appropriate use of positive protection on all covered activities on the state highway system, as specified. The bill would authorize the department to adopt regulations as necessary or appropriate to carry out the purposes of these provisions, and would exempt those regulations from the Administrative Procedures Act.(2) Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards.This bill would require a contractor that has requested and received compensation from the department for an optional safety device to use the optional safety device in conformance with the departments guidance. The bill would authorize the division to adopt regulations as necessary or appropriate to enforce this requirement.
Existing
(1) Existing law establishes the Department of Transportation and provides that the department has full possession and control of all state highways and property and rights in property acquired for state highway purposes. Existing law authorizes the department to construct, improve, and maintain state highways.
This bill would require the department to require, when certain criteria are met, the use of barriers and other devices placed between workers and motorized traffic for all construction, utility work, maintenance, and repair activities on state highways. The bill would require the department to require alternative methods to protect workers if the department determines that the barriers and other devices, described above, are not required. The bill would authorize the Division of Occupational Safety and Health to, in consultation with the department, adopt rules and regulations to administer and enforce these provisions.
By imposing new safety requirements on local agencies performing work on state highways, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the department to update guidance by July 1, 2021, to specify the appropriate use of positive protection measures with the goal of isolating workers or work zones from traffic. Existing law requires the department to provide compensation for the use of a safety device where the updated guidance allows, but does not require, the optional safety device when requested by a contractor on a public works project. Existing law requires the department to submit a report to the Legislature by January 1, 2024, that includes findings and recommendations on the use of positive protection measures used pursuant to these provisions. Existing law repeals these provisions on January 1, 2025.
This bill would eliminate the January 1, 2025, repeal date, thereby extending these provisions indefinitely. The bill would specify that the department is only required to compensate for an optional safety device requested for use on a public works project of the department. After the submittal of the report due on January 1, 2024, the bill would require the department to prescribe standards and specifications to require the appropriate use of positive protection on all covered activities on the state highway system, as specified. The bill would authorize the department to adopt regulations as necessary or appropriate to carry out the purposes of these provisions, and would exempt those regulations from the Administrative Procedures Act.
(2) Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards.
This bill would require a contractor that has requested and received compensation from the department for an optional safety device to use the optional safety device in conformance with the departments guidance. The bill would authorize the division to adopt regulations as necessary or appropriate to enforce this requirement.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 92.1 of the Streets and Highways Code is amended to read:92.1. (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.(b) Where the departments updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project. project of the department.(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the departments guidance.(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).(g) For purposes of this section, the following definitions apply:(1) Covered activity means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.(2) Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.SECTION 1.Section 14105.5 is added to the Government Code, to read:14105.5.(a)For purposes of this section, the following definitions apply:(1)Covered activity means all construction, utility work, maintenance, and repair activities performed on a state highway right of way.(2)Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.(b)Subject to subdivision (c), the department shall require the use of positive protection for a covered activity if any of the following conditions are present: (1)The work zone for the covered activity will be in place more than two weeks and result in substantial worker exposure to motorized traffic.(2)The covered activity is on a roadway with anticipated operating speeds exceeding 45 miles per hour and average daily traffic volumes exceeding 20,000 vehicles per day.(3)The covered activity will place workers within one lane-width of travel lanes open to traffic.(4)The work zone for the covered activity will have significant roadside hazards, such as dropoffs or unfinished bridge decks, in place for more than 24 hours.(5)The work zone for the covered activity provides workers no means of escape from external motorized traffic intruding into the workspace.(6)The department determines that positive protection is appropriate for worker safety.(c)The use of positive protection is not required for a covered activity if the department determines that all of the following criteria are met:(1)The covered activity is outside an urban area, as defined in Section 80280 of the Health and Safety Code.(2)The covered activity is on a highway with an average daily traffic volume of fewer than 100 vehicles per hour.(3)The entity performing the covered activity provides a written analysis, acceptable to the department, supporting the conclusion that positive protection is not needed to ensure worker safety.(d)If the department determines that positive protection is not required, pursuant to subdivision (c), then the department shall require the entity performing the covered activity to implement alternative methods to protect workers from vehicular intrusions into work areas. Alternative methods shall be implemented before work begins and workers shall be instructed on the methods to be used.(e)The Division of Occupational Safety and Health, in consultation with the department, may promulgate rules and regulations for the administration and enforcement of this section.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 92.1 of the Streets and Highways Code is amended to read:92.1. (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.(b) Where the departments updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project. project of the department.(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the departments guidance.(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).(g) For purposes of this section, the following definitions apply:(1) Covered activity means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.(2) Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.
SECTION 1. Section 92.1 of the Streets and Highways Code is amended to read:
### SECTION 1.
92.1. (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.(b) Where the departments updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project. project of the department.(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the departments guidance.(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).(g) For purposes of this section, the following definitions apply:(1) Covered activity means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.(2) Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.
92.1. (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.(b) Where the departments updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project. project of the department.(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the departments guidance.(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).(g) For purposes of this section, the following definitions apply:(1) Covered activity means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.(2) Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.
92.1. (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.(b) Where the departments updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project. project of the department.(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the departments guidance.(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).(g) For purposes of this section, the following definitions apply:(1) Covered activity means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.(2) Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.
92.1. (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.
(b) Where the departments updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project. project of the department.
(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.
(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.
(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the departments guidance.
(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).
(g) For purposes of this section, the following definitions apply:
(1) Covered activity means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.
(2) Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.
(a)For purposes of this section, the following definitions apply:
(1)Covered activity means all construction, utility work, maintenance, and repair activities performed on a state highway right of way.
(2)Positive protection means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.
(b)Subject to subdivision (c), the department shall require the use of positive protection for a covered activity if any of the following conditions are present:
(1)The work zone for the covered activity will be in place more than two weeks and result in substantial worker exposure to motorized traffic.
(2)The covered activity is on a roadway with anticipated operating speeds exceeding 45 miles per hour and average daily traffic volumes exceeding 20,000 vehicles per day.
(3)The covered activity will place workers within one lane-width of travel lanes open to traffic.
(4)The work zone for the covered activity will have significant roadside hazards, such as dropoffs or unfinished bridge decks, in place for more than 24 hours.
(5)The work zone for the covered activity provides workers no means of escape from external motorized traffic intruding into the workspace.
(6)The department determines that positive protection is appropriate for worker safety.
(c)The use of positive protection is not required for a covered activity if the department determines that all of the following criteria are met:
(1)The covered activity is outside an urban area, as defined in Section 80280 of the Health and Safety Code.
(2)The covered activity is on a highway with an average daily traffic volume of fewer than 100 vehicles per hour.
(3)The entity performing the covered activity provides a written analysis, acceptable to the department, supporting the conclusion that positive protection is not needed to ensure worker safety.
(d)If the department determines that positive protection is not required, pursuant to subdivision (c), then the department shall require the entity performing the covered activity to implement alternative methods to protect workers from vehicular intrusions into work areas. Alternative methods shall be implemented before work begins and workers shall be instructed on the methods to be used.
(e)The Division of Occupational Safety and Health, in consultation with the department, may promulgate rules and regulations for the administration and enforcement of this section.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.