Statutes, codes, and regulations
California Code Of Regulations
Title 8 - Industrial RelationsDivision 1 - Department of Industrial RelationsChapter 4 - Division of Industrial SafetySubchapter 7 - General Industry Safety OrdersSafe Practices and Personal Protection
Article 10.1 - Personal Protective Clothing and Equipment for Fire Fighters
Section 3401 - Application

Cal. Code Regs. tit. 8 § 3401

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 3401 - Application
(a) These Orders establish minimum requirements for personal protective clothing and equipment for fire fighters when exposed to the hazards of fire fighting activity, and take precedence over any other Safety Order with which they are inconsistent.

Sections 3402.1, 3402.3, 3403, 3404, 3405, 3406, 3407, 3408, and 3409, inclusive, apply to structural and proximity fire fighting as defined in Section 3402. Sections 3402.2, 3410, and 3410.1 apply to wildland fire fighting.

EXCEPTION to section 3401(a): The requirements of these orders are not applicable to fire fighters from other states of the United States or another country rendering temporary fire suppression assistance during a wildfire event.

(b) General Requirements.
(1) Personal protective clothing and equipment specified in these Orders shall be provided and used whenever such employees are required to work in a hazardous environment that may be encountered during fire fighting activities or under similar conditions during training activities.
(2) The employer shall ensure the availability, maintenance, and use of all protective clothing and equipment in accordance with these Orders.
(3) Employees shall be instructed to wear or utilize appropriate personal protective clothing and equipment when directed to work in a hazardous environment until such time as the officer in charge determines that such protection is no longer required.
(4) Personal protective clothing and equipment that has become damaged or otherwise defective to the point of voiding its intended protection shall be removed from service.
(5) Fire fighters and other employees engaged in emergency activities requiring special protective techniques and equipment shall be trained in the appropriate techniques and provided with the necessary protective equipment.
(6) Employers shall develop and require use of a written plan covering the safe use, maintenance, utilization and replacement of the equipment required in these Orders, and all affected employees shall be trained in accordance with such plan.

NOTE to subsection (b)(6): See Section 3402.3. Selection, Inspection, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting and Section 3410. Selection, Inspection, and Maintenance of Protective Ensembles for Wildland Fire Fighting.

(7) Employers shall ensure that new protective clothing and equipment provided be furnished with a statement of performance declaring that the product has been tested and meets the requirements of these Orders.

Cal. Code Regs. Tit. 8, § 3401

1. New Article 10.1 (Sections 3401-3409) filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).
2. Amendment of subsection (a) filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).
3. New subsection (c) filed 1-27-82; effective thirtieth day thereafter (Register 82, No. 5).
4. Editorial correction of subsection (c)(3)(A) (Register 82, No. 50).
5. Amendment of subsection (c)(1) filed 2-9-83 as an emergency; effective upon filing (Register 83, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-9-83.
6. Amendment of subsection (c)(3)(D) filed 4-12-83; effective thirtieth day thereafter (Register 83, No. 16).
7. Certificate of Compliance transmitted to OAL 5-13-83 and filed 6-13-83 (Register 83, No. 25).
8. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
9. Amendment of subsection (a), new subsection (b)(6)NOTE, repealer of subsections (c)-(c)(5) and amendment of NOTE filed 11-7-2022; operative 1-1-2023 (Register 2022, No. 45). Transmission deadline specified in Government Code section 11349.3(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 147.4, Labor Code.

1. New Article 10.1 (Sections 3401-3409) filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).
2. Amendment of subsection (a) filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).
3. New subsection (c) filed 1-27-82; effective thirtieth day thereafter (Register 82, No. 5).
4. Editorial correction of subsection (c)(3)(A) (Register 82, No. 50).
5. Amendment of subsection (c)(1) filed 2-9-83 as an emergency; effective upon filing (Register 83, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-9-83.
6. Amendment of subsection (c)(3)(D) filed 4-12-83; effective thirtieth day thereafter (Register 83, No. 16).
7. Certificate of Compliance transmitted to OAL 5-13-83 and filed 6-13-83 (Register 83, No. 25).
8. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
9. Amendment of subsection (a), new subsection (b)(6) Note, repealer of subsections (c)-(c)(5) and amendment of Note filed 11-7-2022; operative 1/1/2023 (Register 2022, No. 45). Transmission deadline specified in Government Code section 11349.3(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.