§ 64.1. MASONRY DRY-CUTTING AND DRY-GRINDING PROHIBITED FOR CITY EMPLOYEES AND CITY CONTRACTORS.

(a) Application. In order to protect the safety and health of City employees and City contractors against the effects of silicosis and other respiratory diseases, the following practices set forth in Subsection 64.1(b) shall apply to:

(i) All City employees; and

(ii) City contractors engaged in construction projects funded by the City and conducted pursuant to a construction contract with the City awarded under Chapter 6 of this Code.

(b) Prohibition. The dry-cutting of masonry units by means of hand-held, gas-powered or electrical, portable chop saws or skil saws and the dry-grinding of masonry materials are prohibited, except when it is determined that the use of water in the cutting or grinding is not feasible. In any instance where it is determined pursuant to this subsection that the use of water in the cutting or grinding is not feasible:

(i) The City or City contractor shall use engineering and work practice controls, such as a vacuum with a high efficiency particulate air filter or other dust control system, to control the dust;

(ii) Any dry cutting that occurs shall be done in a designated area away from all other workers, if possible; and

(iii) The City or City contractor shall provide workers with full-face respirators as part of a complete respiratory program that also includes training, the proper selection of respiratory cartridges and fit testing to ensure that the workers are able to wear the respirators.

(c) Exception. The provisions of this section 64.1 shall not apply to emergency service personnel responding to emergency situations.

(d) Preemption. In adopting this section 64.1, the Board of Supervisors does not intend to regulate or affect the rights or authority of any employer or employee, other than the City, City employees, and City contractors, to do those things that are required, directed, or expressly authorized by federal or state law or administrative regulation. This Section 64.1 is adopted pursuant to Section 144(e) of the California Labor Code.

(Ord. 131-06, File No. 060444, App. 6/22/2006)