1. (a) The qualified person shall determine if the repair/adjustment meets manufacturer equipment criteria (where applicable and available).

2. (b) Where manufacturer equipment criteria are unavailable or inapplicable, the qualified person shall:

   1. (1) Determine if a certified agent is needed to develop criteria for the repair/adjustment. If a certified agent is not needed, the employer shall ensure that the criteria are developed by a qualified person. If a certified agent is needed, the employer shall ensure that they are developed by a certified agent.
   2. (2) Determine if the repair/adjustment meets the criteria developed in accordance with subsection (b)(1).
3. (c) The inspection shall include functional testing of the repaired/adjusted parts and other components that may be affected by the repair/adjustment.
4. (d) Equipment shall not be used until an inspection under this section demonstrates that the repair/adjustment meets the requirements of subsection (a) or (b).

Equipment that has had a repair or adjustment that relates to safe operation (such as a repair or adjustment to a safety device or operational aid, or to a critical part of a control system, power plant, braking system, load-sustaining structural components, load hook, or in-use operating mechanism) shall be inspected by a qualified person after such a repair or adjustment has been completed, prior to initial use. The inspection shall meet all of the following requirements:

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

History

1. New section filed 7-26-2022; operative 7-26-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 30). 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.