9100-9104

LABOR CODE
SECTION 9100-9104




9100.  For purposes of this chapter, "sales floor" means any area
where the public is invited to shop, whether indoors or outdoors.



9101.  For purposes of this chapter, "working warehouse" means a
wholesale or retail establishment in which both of the following
occur:
   (a) Heavy machinery, including, but not limited to, forklifts, is
used in any area where the public shops while customers are on the
premises.
   (b) Merchandise is stored on shelves higher than 12 feet above the
sales floor.


9102.  (a) The owner, manager, or operator of a working warehouse
shall secure merchandise stored on shelves higher than 12 feet above
the sales floor. Methods of securing merchandise shall include rails,
fencing, netting, security doors, gates, cables, or the binding of
items on a pallet into one unit by shrink-wrapping, metal or plastic
banding, or by tying items together with a cord.
   (b) All working warehouses shall comply with the provisions of
this section on or before July 1, 2002.



9103.  (a) When heavy machinery is used to move merchandise from a
shelf, there shall be a safety zone established to temporarily block
customers from entering areas where merchandise could fall during
removal from a shelf.
   (b) All working warehouses shall comply with the provisions of
this section on or before July 1, 2002.



9104.  An owner, manager, or operator of a working warehouse who
employs more than 50 employees shall submit to the division, a report
of all known injuries requiring hospitalization, including emergency
room medical treatment, or deaths occurring to customers as the
result of falling merchandise. The report shall be filed within 30
days of December 31, 2002, and within 30 days of December 31, 2003.
Each year, a corporation owning, managing, or operating more than one
working warehouse may submit a single report on behalf of all of the
corporation's working warehouses in the state, provided that the
report identifies the location of the warehouse where each reportable
incident occurred.