Section 3328 - Machinery and Equipment(a) All machinery and equipment:(1) shall be designed or engineered to safely sustain all reasonably anticipated loads in accordance with recognized engineering principles; and(2) shall not be used or operated under conditions of speeds, stresses, loads, or environmental conditions that are contrary to the manufacturer's recommendations or, where such recommendations are not available, the engineered design.(b) Machinery and equipment in service shall be inspected and maintained as recommended by the manufacturer where such recommendations are available.(c) Machinery and equipment with defective parts which create a hazard shall not be used.(d) Machinery and equipment designed for a fixed location shall be restrained so as to prevent walking or moving from its location.(e) Machinery and equipment components shall be designed and secured or covered (or both) to minimize hazards caused by breakage, release of mechanical energy (e.g., broken springs), or loosening and/or falling unless the employer can demonstrate that to do so would be inconsistent with the manufacturer's recommendations or would otherwise impair employee safety.(f) Any modifications shall be in accordance with (a) and with good engineering practice.(g) Machinery and equipment in service shall be maintained in a safe operating condition.(h) Only qualified persons shall be permitted to maintain or repair machinery and equipment.Cal. Code Regs. Tit. 8, § 3328
1. New section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).
2. Amendment filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1, 1-6-79).
3. Amendment of subsection (b) and new subsection (g) filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).
4. New subsection (h) filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).
5. Amendment of subsection (e) filed 3-7-2011; operative 4-6-2011 (Register 2011, No. 10).
6. Amendment of subsection (a) and new subsections (a)(1)-(2) filed 2-25-2016; operative 4-1-2016 (Register 2016, No. 9). Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
1. New section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).
2. Amendment filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1, 1-6-79).
3. Amendment of subsection (b) and new subsection (g) filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).
4. New subsection (h) filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).
5. Amendment of subsection (e) filed 3-7-2011; operative 4-6-2011 (Register 2011, No. 10).
6. Amendment of subsection (a) and new subsections (a)(1)-(2) filed 2-25-2016; operative 4/1/2016 (Register 2016, No. 9).