WACs > Title 296 > Chapter 296-307

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296-307-003
How is this chapter divided?

  The first three digits of the WAC (296) are the title. The second three digits are the chapter (307). The third number group is the section, which may have three or five digits. The fourth and fifth digits are treated as if there were a decimal point after the third digit.

     For example: Section 330 of this chapter includes all five-digit sections whose number begins with 330.

     Sections may be further divided as indicated below.

Title-Chapter-Section	296-307-330
	296-307-33003
Subsection	(1)
	(2)
Subdivision	(a)
	(b)
Item	(i)
	(ii)

     Note: The chapter is also divided into "parts" according to subject, to make it easier for you to find the information you need.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-003, filed 10/31/96, effective 12/1/96.]

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296-307-006
What does this chapter cover?

  (1) Chapter 296-307 WAC applies to all agricultural operations with one or more employees covered by the Washington Industrial Safety and Health Act (WISHA), chapter 49.17 RCW.

     "Agricultural operations" means farming and ranching, including, but not limited to:

     (a) Cultivating and tilling the soil;

     (b) Dairy farming;

     (c) Producing, cultivating, growing, and harvesting of any agricultural or horticultural commodity;

     (d) Raising livestock, bees, fur-bearing animals, or poultry; and

     (e) Any practices performed by a farmer or on a farm, incident to or in connection with such farming operations, including but not limited to preparation for market and delivery to:

     (i) Storage;

     (ii) Market; or

     (iii) Carriers for transportation to market. Agricultural operations include, but are not limited to, all employers in one or more of the following standard industrial classification (SIC) codes:

	0111	Wheat
	0115	Corn
	0119	Cash grains not elsewhere classified, barley, peas, lentils, oats, etc.
	0133	Sugar cane and sugar beets
	0134	Irish potatoes -- all potatoes except yams
	0139	Field crops -- hay, hops, mint, etc.
	0161	Vegetables and melons, all inclusive
	0171	All berry crops
	0172	Grapes
	0173	Tree nuts
	0175	Deciduous tree fruits
	0179	Tree fruits or tree nuts not elsewhere classified
	0181	Ornamental floriculture and nursery products
	0182	Food crops grown under cover
	0191	General farms, primarily crops
	0211	Beef cattle feedlots
	0212	Beef cattle except feedlots -- cattle ranches
	0213	Hogs
	0214	Sheep and goats
	0219	General livestock except dairy and poultry
	0241	Dairy farms
	0251	Broiler, fryer, and roaster chickens
	0252	Chicken eggs
	0253	Turkeys and turkey eggs
	0254	Poultry hatcheries
	0259	Poultry and eggs not elsewhere classified
	0271	Fur bearing animals and rabbits
	0272	Horses
	0273	Animal aquaculture
	0279	Animal specialties not elsewhere classified
	0291	General farms, primarily livestock and animal specialties
	0711	Soil preparation services
	0721	Crop planting, cultivating, and protecting
	0722	Crop harvesting, primarily by machine
	0751	Livestock services, except veterinary
	0761	Farm labor contractors
	0811	Timber tracts, Christmas tree growing, tree farms
	0831	Forest nurseries
	0851	Forestry services -- reforestation

     "Agricultural operations" do not include a farmer's processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's employees.

     (2) Chapter 296-24 WAC does not apply to agricultural operations.

     (3) All agricultural operations are also covered by the requirements of chapter 296-62 WAC, general occupational health rules.

     (4) Occasionally, employees engaged in agricultural operations may also be covered by the safety standards of other industries. Following are excerpts from four industry standards that may help you determine if these other standards also apply:

     Chapter 296-54 WAC Safety standards -- Logging operations

     WAC 296-54-501 Scope and application.

     This standard establishes safety practices, means, methods and operations for all types of logging, regardless of the end use of the wood. These types of activities include, but are not limited to, pulpwood and timber harvesting and the logging of sawlogs, veneer bolts, poles, pilings and other forest products. The requirements herein contained do not apply to log handling at sawmills, plywood mills, pulp mills or other manufacturing operations governed by their own specific safety standards.

     Chapter 296-99 WAC Safety standards for grain handling facilities

     WAC 296-99-015 What grain-handling operations does this chapter cover?

     (1) WAC 296-99-010 through 296-99-070 apply to:

     •     Dry grinding operations of soycake;

     •     Dry corn mills;

     •     Dust pelletizing plants;

     •     Feed mills;

     •     Flour mills;

     •     Flat storage structures;

     •     Grain elevators;

     •     Rice mills; and

     •     Soybean flaking operations.

     (2) WAC 296-99-075, 296-99-080, and 296-99-085 apply only to grain elevators.

     (3) Chapter 296-99 WAC does not apply to alfalfa storage or processing operations if they do not use grain products.

     Chapter 296-78 WAC Safety standards for sawmills and woodworking operations

     WAC 296-78-500 Foreword.

     The chapter 296-78 WAC shall apply to and include safety requirements for all installations where the primary manufacturing of wood building products takes place. The installations may be a permanent fixed establishment or a portable operation. These operations shall include but are not limited to log and lumber handling, sawing, trimming and planing, plywood or veneer manufacturing, canting operations, waste or residual handling, operation of dry kilns, finishing, shipping, storage, yard and yard equipment, and for power tools and affiliated equipment used in connection with such operation. WAC 296-78-450 shall apply to shake and shingle manufacturing. The provisions of WAC 296-78-500 through 296-78-84011 are also applicable in shake and shingle manufacturing except in instances of conflict with the requirements of WAC 296-78-705.

     Chapter 296-155 WAC Safety standards for construction work

     WAC 296-155-005 Purpose and scope.

     The standards included in this chapter apply throughout the state of Washington, to any and all work places subject to the Washington Industrial Safety and Health Act (chapter 49.17 RCW), where construction, alteration, demolition, related inspection, and/or maintenance and repair work, including painting and decorating, is performed. These standards are minimum safety requirements with which all industries must comply when engaged in the above listed types of work.

     (5) If rules in this chapter conflict with rules in another chapter of Title 296 WAC, this chapter prevails.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-006, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-006, filed 10/31/96, effective 12/1/96.]

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296-307-009
What definitions apply to this chapter?

  "Approved" means approved by the director of the department of labor and industries, or by another organization designated by the department. Also means listed or approved by a nationally recognized testing laboratory.

     "Authorized person" means someone you have approved to perform specific duties or to be at a specific location on the job site.

     "Biological agents" means organisms or their by-products.

     "Chemical agents (airborne or contact)" means a chemical agent is any of the following:

     • Airborne chemical agent which is any of the following:

     – Dust - solid particles suspended in air, generated by handling, drilling, crushing, grinding, rapid impact, detonation, or decrepitation of organic or inorganic materials such as rock, ore, metal, coal, wood, grain, etc.

     – Fume - solid particles suspended in air, generated by condensation from the gaseous state, generally after volatilization from molten metals, etc., and often accompanied by a chemical reaction such as oxidation.

     – Gas - a normally formless fluid that can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature or both.

     – Mist - liquid droplets suspended in air, generated by condensation from the gaseous to the liquid state or by breaking up a liquid into a dispersed state, such as by splashing, foaming or atomizing.

     – Vapor - the gaseous form of a substance that is normally in the solid or liquid state.

     • Contact chemical agent which is any of the following:

     – Corrosives - substances that in contact with living tissue cause destruction of the tissue by chemical action.

     – Irritants - substances that on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.

     – Toxicants - substances that have the inherent capacity to produce personal injury or illness to individuals by absorption through any body surface.

     "Department" means the department of labor and industries. When this chapter refers to "we" or "us," it means labor and industries staff responsible for enforcing the Washington Industrial Safety and Health Act (WISHA).

     "Director" means the director of the department of labor and industries, or a designated representative.

     "Employee" means someone providing personal labor in the business of the employer, including anyone providing personal labor under an independent contract.

     "Employer" means a business entity having one or more employees. Also, any person, partnership, or business entity with no employees but having industrial insurance coverage is both an employer and an employee. When this chapter refers to "you," it means the employer or a designated representative.

     "Hazard" means a condition that can cause injury, death, or occupational disease.

     "Listed" means listed by a nationally recognized testing laboratory.

     "Must" means mandatory.

     "Nationally recognized testing laboratory" See 29 C.F.R. 1910.7 (federal OSHA requirements).

     "Pesticide" means:

     • Any substance intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;

     • Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

     • Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own, intended to be used with any pesticide as an aid to its application or effect, and sold in a package or container separate from that of the pesticide with which it is to be used.

     "Safety factor" means the ratio of the ultimate breaking strength of a piece of material or equipment to the actual working stress or safe load when in use.

     "Should" or "may" means recommended.

     "Standard safeguard" means a device designed and constructed to remove a hazard related to the machine, appliance, tool, building, or equipment to which it is attached.

     "Working day," for appeals and accident reporting, means a calendar day, except Saturdays, Sundays, and legal holidays as defined by RCW 1.16.050. To compute the time within which an act is to be completed, exclude the first working day and include the last.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-10-068, § 296-307-009, filed 5/6/03, effective 8/1/03. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-009, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-009, filed 10/31/96, effective 12/1/96.]

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296-307-012
What does it mean when equipment is approved by a nonstate organization?

  Whenever the department requires that you have equipment or processes approved by an organization such as the Underwriters Laboratories (UL), the Bureau of Mines (MSHA), or the National Institute for Occupational Safety and Health (NIOSH), the approval of that organization is considered evidence of your compliance.



[97-09-013, recodified as § 296-307-012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-012, filed 10/31/96, effective 12/1/96.]

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296-307-015
What must an employer do if a serious injury occurs?

  (1) You must report to us within eight hours of an incident that:

     • Causes a fatal or possibly fatal injury;

     • Involves acute injury or illness from exposure to pesticides; or

     • Causes injury requiring in-patient hospitalization of any employee.

     To report, you must contact your nearest labor and industries office by phone or in person, or call the OSHA toll-free hotline, 1-800-321-6742.

Exception:

If you do not learn of a reportable incident when it happens, you must report it within eight hours of learning about the incident.

     (a) Your report must include:

     • Establishment name;

     • Location of the incident;

     • Time of the incident;

     • Number of fatalities, hospitalized employees, or pesticide exposures;

     • Contact person;

     • Phone number; and

     • Brief description of the incident.

     (b) Fatalities or hospitalizations that occur within thirty days of an incident must also be reported.

     (2) If a department investigator asks for assistance, you must assign the employees that the investigator requests.

     (3) Do not move any equipment involved in the incident until we complete an investigation.

Exception:

You may move equipment to prevent additional incidents, or to remove the victim.

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-015, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-015, filed 10/31/96, effective 12/1/96.]

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296-307-018
What are the employer's responsibilities?

  

     You must:

     (1) Provide a safe and healthful working environment.

     (2) Ensure that employees do not use defective or unsafe tools and equipment, including tools and equipment that may be furnished by the employee.

     (3) Implement a written accident prevention program as required by these standards.

     (4) Implement a hazard communication program as required by WAC 296-307-550.

     (5) Establish a system for reporting and recording accidents on the OSHA 200 log. (See chapter 296-27 WAC.)

     (6) Provide safety education and training programs.

     (7) Implement the requirements of WAC 296-62-074 through296-62-07451 to ensure the safety of employees who are exposed to cadmium in the workplace.

     (8) Implement the requirements of WAC 296-307-642 through296-307-656 to ensure the safety of employees who are exposed to confined spaces in the workplace.

     (9) Control chemical agents.

     You must:

     • Control chemical agents in a manner that they will not present a hazard to your workers; or

     • Protect workers from the hazard of contact with, or exposure to, chemical agents.

Reference:

Pesticides are chemical agents and are covered by chapter 296-307 WAC Part I, Pesticides (worker protection standard). Pesticides may also be covered by WAC 296-307-594, Respirators.

     (10) Protect employees from biological agents.

     You must:

     • Protect employees from exposure to hazardous concentrations of biological agents that may result from processing, handling or using materials or waste.

Note:	Examples of biological agents include:
	– Animals or animal waste
	– Body fluids
	– Biological agents in a medical research lab
	– Mold or mildew.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-018, filed 12/21/04, effective 4/2/05; 03-10-068, § 296-307-018, filed 5/6/03, effective 8/1/03. Statutory Authority: RCW 49.17.010,[49.17].040 , and [49.17].050. 01-17-033, § 296-307-018, filed 8/8/01, effective 9/1/01. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-018, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-018, filed 10/31/96, effective 12/1/96.]

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296-307-021
What are the employee's responsibilities?

  (1) Employees must cooperate with you and other employees in efforts to eliminate accidents.

     (2) Employees must be informed of and observe all safe practices.

     (3) Employees must notify you of unsafe conditions of equipment or workplaces.

     (4) Employees must use all required safety devices and protective equipment.

     (5) Employees must not willfully damage personal protective equipment.

     (6) Each employee must promptly report any job-related injury or illness to his or her immediate supervisor, regardless of the degree of severity.

     (7) Employees must not engage in any activity unrelated to work that may cause injury to other employees during the course of performing work assignments.

     (8) Employees must attend any required training and/or orientation programs designed to increase their competency in occupational safety and health.

     (9) Employees must not report to work under the influence of alcohol or controlled substances. Alcohol or controlled substances must not be brought on the worksite.



[97-09-013, recodified as § 296-307-021, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-021, filed 10/31/96, effective 12/1/96.]

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296-307-024
How does an employer apply for a variance?

  (1) If you find that it is impractical for you to comply with specific requirements of this standard, we may permit a variation from the requirements. However, you must still provide equal protection by substitute means and comply with the requirements of chapter 49.17 RCW and chapter 296-350 WAC, variances.

     (2) On the variance application you must certify that you have posted a copy of the written application in a place reasonably accessible to your employees. You must also mail a copy of the application to any authorized employee representative. The notice must advise employees of their right to request us to conduct a hearing on the variance application. You must notify employees before you apply.

Note:

To request a permanent or temporary variance, you may write to: Department of Labor and Industries, WISHA Services, PO Box 44648, Olympia, WA 98504-4648. We will mail you an application form and instruction sheet. We will also send a copy of chapter 296-350 WAC, Variances, if you request it.

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-024, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-024, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-024, filed 10/31/96, effective 12/1/96.]

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296-307-030
What are the required elements of an accident prevention program?

  (1) You must instruct all employees in safe working practices at the beginning of employment. Your instruction must be tailored to the types of hazards to which employees are exposed.

     (2) You must develop a written accident prevention program tailored to the needs of your agricultural operation and to the types of hazards involved.

     (3) Your accident prevention program must contain at least the following elements:

     (a) How, when, and where to report injuries and illnesses, and the location of first-aid facilities.

     (b) How to report unsafe conditions and practices.

     (c) The use and care of personal protective equipment.

     (d) What to do in emergencies. See WAC 296-307-35015 for emergency action plan requirements.

     (e) Identification of hazardous chemicals or materials and the instruction for their safe use.

     (f) An on-the-job review of the practices necessary to perform job assignments in a safe and healthful manner.

     (4) At least once a month, you must conduct a walk-around safety inspection of active job sites, the materials and equipment involved, and operating procedures. A representative chosen by employees must be invited and allowed to accompany you.

Note:

Additional requirements in Part G-1, WAC 296-307-097, Outdoor heat exposure, may apply. Employers may address their outdoor heat exposure safety program either in their written accident prevention program (APP) or as a stand-alone written document. See Part G-1.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-030, filed 3/18/09, effective 5/1/09. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-030, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-030, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-030, filed 10/31/96, effective 12/1/96.]

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296-307-033
How often must safety meetings be held?

  (1) Foreman-crew safety meetings must be held at least monthly or whenever there are significant changes in job assignments. These meetings must be tailored to the particular operation or activity occurring at the time.

     (2) The meeting minutes must document subjects discussed and attendance.

     (3) Short-term operations that last less than one month, such as harvesting, do not require foreman-crew safety meetings but only require initial safety orientation for the operations.

     (4) You must maintain copies of the minutes of each foreman-crew safety meeting at the location where the majority of employees report to work each day.

     (5) You must retain minutes of foreman-crew safety meetings for one year and be able to show us copies if we ask to see them.



[97-09-013, recodified as § 296-307-033, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-033, filed 10/31/96, effective 12/1/96.]

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296-307-036
What items go on the safety bulletin board?

  (1) You must provide a bulletin board or posting area large enough to display the required safety and health poster, "Job Safety and Health Protection" (F416-081-000), and other safety education material.

     (2) The bulletin board must be readily visible in a place where employees gather during some part of the work day. (For example, at the entrance to a field, a parking area, or in a farm building.)

     (3) If for any reason any employee is unable to read the notices posted on the bulletin board, you must ensure that the message of the required poster explaining employee rights is communicated to the employee in terms he or she understands. This same requirement applies to variance applications, denials or grants, and to any other notice affecting the employee's rights under WISHA.

     (4) Posting must be in the employees' language.



[97-09-013, recodified as § 296-307-036, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-036, filed 10/31/96, effective 12/1/96.]

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296-307-039
First-aid rule summary.

  Your responsibility: Make sure first-aid trained personnel are available to provide quick and effective first aid.

     You must:

     Make sure that first-aid trained personnel are available to provide quick and effective first aid.

     WAC 296-307-03905.

     Make sure appropriate first-aid supplies are readily available.

     WAC 296-307-03920.

    

Note:
•	Employers who require their employees to provide first aid must comply with the bloodborne pathogen rule, chapter 296-823 WAC .
•	Additional requirements relating to first aid are also located in the following sections:

–	WAC 296-307-07013(12), What rules apply to vehicles used to transport employees?

–	WAC 296-307-16175, First-aid requirements for operators of temporary worker housing.

–	WAC 296-307-16380, First-aid requirements for operators of cherry harvest camps.

Definitions:

First aid:

The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit.

Emergency medical service:

Medical treatment and care given at the scene of any medical emergency or while transporting any victim to a medical facility.

     You can get copies of these rules by calling 1-800-4BE SAFE (1-800-423-7233), or by going to http://www.lni.wa.gov.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-039, filed 12/21/04, effective 4/2/05; 04-07-160, § 296-307-039, filed 3/23/04, effective 5/1/04. Statutory Authority: RCW 49.17.010,[49.17].040 , [49.17].050. 02-12-098, § 296-307-039, filed 6/5/02, effective 8/1/02; 01-17-033, § 296-307-039, filed 8/8/01, effective 9/1/01. 97-09-013, recodified as § 296-307-039, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-039, filed 10/31/96, effective 12/1/96.]

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296-307-03905
Make sure that first-aid trained personnel are available to provide quick and effective first aid.

  

     You must:

     Comply with the first-aid training requirements of 29 C.F.R. 1910.151(b) which states:

     "In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid."



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-07-160, § 296-307-03905, filed 3/23/04, effective 5/1/04. Statutory Authority: RCW 49.17.010,[49.17].040 , and [49.17].050. 01-17-033, § 296-307-03905, filed 8/8/01, effective 9/1/01.]

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296-307-03920
Make sure appropriate first-aid supplies are readily available.

  You must:

     • Make sure first-aid supplies are readily available. (See first-aid kit table.)

     • Make sure first-aid supplies at your workplace are appropriate to:

     - Your occupational setting.

     – The response time of your emergency medical services.

First-Aid Kit Table

Number of employees normally assigned to worksite	Minimum first-aid supplies required at worksite
1 - 15 Employees	1 First-aid kit
16 - 30 Employees	2 First-aid kits
31 - 50 Employees	3 First-aid kits

Note:	• First-aid kits from your local retailer or safety supplier should be adequate for most nonindustrial employers.
	• The following is a list of suggested items for your first-aid kit:
	– 1 absorbent compress, 4 x 8 inches
	– 16 adhesive bandages, 1 x 3 inches
	– 1 adhesive tape, 5 yards long
	– 10 antiseptic single-use packages, 0.5 g application
	– 6 burn treatment single-use packages, 0.5 g application
	– 1 eye covering (for two eyes)
	– 1 eye wash, 1 fluid ounce
	– 4 sterile pads, 3 x 3 inches
	– 2 pair of medical exam gloves
	– 1 triangular bandage, 39 x 39 x 55 inches
	Optional first-aid kit contents
	– Bandage compresses, 2 x 2 inches, 3 x 3 inches and 5 x 5 inches
	– Self-activating cold packs, 4 x 5 inches
	– Roller bandages, 6 yards long
	– Mouth-to-mouth barrier for CPR
	• Kits should be checked at least weekly to ensure adequate number of needed items are available.
	• Kits may be carried in any motor vehicle that is used near the crew.

     You must:

     • Make sure that first-aid supplies are:

     - Easily accessible to all your employees.

     - Stored in containers that protect them from damage, deterioration, or contamination. Containers must be clearly marked, not locked, and may be sealed.

     - Able to be moved to the location of an injured or acutely ill worker.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-03920, filed 12/21/04, effective 4/2/05. Statutory Authority: RCW 49.17.010,[49.17].040 , and [49.17].050. 01-17-033, § 296-307-03920, filed 8/8/01, effective 9/1/01.]

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296-307-03930
Make sure emergency washing facilities are functional and readily accessible.

  

     You must:

     • Provide an emergency shower:

     – When there is potential for major portions of an employee's body to contact corrosives, strong irritants, or toxic chemicals

     – That delivers water to cascade over the user's entire body at a minimum rate of 20 gallons (75 liters) per minute for fifteen minutes or more.

     • Provide an emergency eyewash:

     – When there is potential for an employee's eyes to be exposed to corrosives, strong irritants, or toxic chemicals

     – That irrigates and flushes both eyes simultaneously while the user holds their eyes open

     – With an on-off valve that activates in one second or less and remains on without user assistance until intentionally turned off

     – That delivers at least 0.4 gallons (1.5 liters) of water per minute for fifteen minutes or more.

Note:	Chemicals that require emergency washing facilities:
	• You can determine whether chemicals in your workplace require emergency washing facilities by looking at the material safety data sheet (MSDS) or similar documents. The MSDS contains information about first-aid requirements and emergency flushing of skin or eyes
	• For chemicals developed in the workplace, the following resources provide information about first-aid requirements:
	– NIOSH Pocket Guide to Chemical Hazards
	.*DHHS (NIOSH) Publication No. 97-140
	.*http://www.cdc.gov/niosh/npg/ggdstart.html
	– Threshold Limit Values for Chemical Substances and Physical Agents American Conference of Governmental Industrial Hygienists (ACGIH).

     You must:

     • Make sure emergency washing facilities:

     – Are located so that it takes no more than ten seconds to reach

     – Are kept free of obstacles blocking their use

     – Function correctly

     – Provide the quality and quantity of water that is satisfactory for emergency washing purposes.

Note:	• If water in emergency washing facilities is allowed to freeze, they will not function correctly. Precautions need to be taken to prevent this from happening
	• The travel distance to an emergency washing facility should be no more than fifty feet (15.25 meters)
	• For further information on the design, installation, and maintenance of emergency washing facilities, see American National Standards Institute (ANSI) publication Z358.1 - 1998, Emergency Eyewash and Shower Equipment. Emergency washing facilities that are designed to meet ANSI Z358.1 - 1998 also meet the requirements of this standard. The ANSI standard can be obtained from the American National Standards Institute, 1430 Broadway, New York, New York 10018.
Reference:	• Training in the location and use of your emergency washing facilities is required under the employer chemical hazard communication rule, WAC 296-307-550, and the accident prevention program rule, WAC 296-307-030.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-10-068, § 296-307-03930, filed 5/6/03, effective 8/1/03.]

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296-307-03935
Inspect and activate your emergency washing facilities.

  

     You must:

     • Make sure all plumbed emergency washing facilities are inspected once a year to make sure they function correctly.

Note:	Inspections should include:
	• Examination of the piping
	• Making sure that water is available at the appropriate temperature and quality
	• Activation to check that the valves and other hardware work properly
	• Checking the water flow rate.

     You must:

     • Make sure plumbed emergency eyewashes and hand-held drench hoses are activated weekly to check the proper functioning of the valves, hardware, and availability of water

     • Make sure all self-contained eyewash equipment and personal eyewash units are inspected and maintained according to manufacturer instructions.

     – Inspections to check proper operation must be done once a year

     – Sealed personal eyewashes must be replaced after the manufacturer's expiration date.

Note:

Most manufacturers recommend replacing fluid in open self-contained eyewashes every six months. The period for sealed containers is typically two years.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-10-068, § 296-307-03935, filed 5/6/03, effective 8/1/03.]

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296-307-03940
Make sure supplemental flushing equipment provides sufficient water.

  

Note:

Supplemental flushing equipment cannot be used in place of required emergency showers or eyewashes.

     You must:

     • Make sure hand-held drench hoses deliver at least 3.0 gallons (11.4 liters) of water per minute for fifteen minutes or more.

Note:	Why use a drench hose? A drench hose is useful when:
	• The spill is small and does not require an emergency shower
	• Used with a shower for local rinsing, particularly on the lower extremities.

     You must:

     • Make sure personal eyewash equipment delivers only clean water or other medically approved eye flushing solutions.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-10-068, § 296-307-03940, filed 5/6/03, effective 8/1/03.]

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296-307-03945
Definitions.

  

     Corrosive

     As used in first aid, WAC 296-307-039, is a substance that causes destruction of living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.

     Emergency washing facilities

     Emergency washing facilities are emergency showers, eyewashes, eye/face washes, hand-held drench hoses, or other similar units.

     Hand-held drench hoses

     Hand-held drench hoses are single-headed emergency washing devices connected to a flexible hose that can be used to irrigate and flush the face or other body parts.

     Personal eyewash units

     Personal eyewash units are portable, supplementary units that support plumbed units or self-contained units, or both, by delivering immediate flushing for less than fifteen minutes.

     Strong irritant

     As used in first aid, WAC 296-307-039, is a chemical that is not corrosive, but causes a strong, temporary inflammatory effect on living tissue by chemical action at the site of contact.

     Toxic chemical

     As used in first aid, WAC 296-307-039, is a chemical that produces serious injury or illness when absorbed through any body surface.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-10-068, § 296-307-03945, filed 5/6/03, effective 8/1/03.]

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296-307-045
What are the requirements of the safe place standard?

  (1) You must furnish to each employee a place of employment free from recognized controllable hazards likely to cause serious injury or death.

     (2) You must furnish and require employees to use any safety devices and safeguards that are needed to control recognized hazards. All agricultural methods, operations, and processes must be designed to promote the safety and health of employees.

     (3) You must not require an employee to engage in any duty or enter any place that is not safe.

     (4) The following are prohibited:

     (a) Removing, displacing, damaging, destroying or carrying off any safety device, safeguard, notice or warning intended for use in any place of employment.

     (b) Interfering in any way with the use of any safety device, method or process adopted for the protection of any employee.

     (5) Intoxicating beverages or narcotics in or around worksites. Employees under the influence of alcohol or narcotics are prohibited from the worksite.

Exception:

This rule does not apply to anyone taking prescription drugs and/or narcotics as directed by a physician providing such use does not endanger the employee or others.

[97-09-013, recodified as § 296-307-045, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-045, filed 10/31/96, effective 12/1/96.]

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296-307-050
What requirements apply to hand tools?

  (1) Using hoes with handles less than four feet long or any hand tool used for weeding or thinning crops in a stooped position, is prohibited.

     (2) You must ensure that hand tools are in good condition. Using defective hand tools is prohibited.

     (3) You must ensure that hand tools are stored safely when not in use.



[97-09-013, recodified as § 296-307-050, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-050, filed 10/31/96, effective 12/1/96.]

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296-307-055
Ladders.

  



[97-09-013, recodified as § 296-307-055, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-055, filed 10/31/96, effective 12/1/96.]

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296-307-05501
How must ladders be cared for and maintained?

  (1) Ladders must be checked for defects before use, and thoroughly inspected periodically. Ladders shall be inspected immediately in the following situations:

     (a) If a ladder tips over, inspect for side rails dents or bends, or excessively dented rungs; check all rung-to-side-rail connections; check hardware connections; check rivets for shear.

     (b) If a ladder is exposed to excessive heat, inspect visually for damage and test for deflection and strength characteristics. If you are unsure about the ladder's condition, seek help from the manufacturer.

     (2) Ladders must be maintained in good condition at all times. Joints between steps and side rails must be tight. All hardware and fittings must be securely attached, and the moveable parts must operate freely without binding or with too much play.

     (3) Defective ladders must be withdrawn from service for repair or destruction and tagged as "Dangerous -- Do not use."

     (4) Ladders with broken or missing steps, rungs, or cleats, broken side rails, or other faulty equipment must not be used; improvised repairs must not be made.

     (5) Ladders must be handled with care. Avoid unnecessary dropping, jarring, or misuse.

     (6) Ladder storage must:

     (a) Protect the ladder when not in use;

     (b) Provide sufficient support to prevent excessive sagging;

     (c) Provide ease of access or inspection; and

     (d) Prevent danger of accidents when withdrawing a ladder for use.



[97-09-013, recodified as § 296-307-05501, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-05501, filed 10/31/96, effective 12/1/96.]

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296-307-05503
How must an employer instruct employees to use ladders?

  (1) At the beginning of employment, you must provide employees with orientation and training on the proper use of ladders, including how to set a ladder and properly dismount with a full load.

     (2) To prevent ladder upset, you must instruct employees to avoid overreaching while standing on the ladder.

     (3) You must instruct employees that before climbing ladders; rungs, shoes, and boots must be clean of substances that would make them hazardous.

     (4) Employees must not climb up or down ladders while carrying tools or materials that interfere with the free use of both hands.

     (5) Ladders must not be placed on boxes, barrels, or other unstable bases to obtain additional height.

     (6) Stepladders must not be used as single ladders.

     (7) When working from a ladder over twenty-five feet from the ground or floor, the ladder must be secured at both top and bottom. When work on a ladder over twenty-five feet from the ground or floor requires the use of both hands, a safety belt must be worn and the safety lanyard secured to the ladder.

     (8) Portable ladders must be placed so that the side rails have a secure footing. The top rest for portable rung and cleat ladders must be reasonably rigid and strong enough to support the applied load. The top of the ladder must be placed with the two rails supported, unless equipped with a single support attachment. Such an attachment should be substantial and large enough to support the ladder under load.

     (9) Ladders carried on vehicles should be adequately supported to avoid sagging and securely fastened in position to minimize chafing and the effects of road shocks.



[97-09-013, recodified as § 296-307-05503, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-05503, filed 10/31/96, effective 12/1/96.]

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296-307-05505
How must orchard ladders be used?

  (1) Orchard ladders longer than sixteen feet are prohibited.

     (2) Employers must instruct employees to not stand on the top two steps (the top cap and the next step down) of orchard ladders.

     (3) Employers must instruct employees to not step off the ladder onto branches of trees except onto the main crotch.

     (4) Standing on the top two steps of the orchard ladder is prohibited.



[97-09-013, recodified as § 296-307-05505, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-05505, filed 10/31/96, effective 12/1/96.]

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296-307-05507
What other requirements apply to ladders?

  (1) Ladders made by fastening cleats across a single rail are prohibited.

     (2) Wood ladders, when not in use, should be stored where they will not be exposed to the elements, but where there is good ventilation. They must be stored away from radiators, stoves, steam pipes, or other excessive heat or dampness.

     (3) Wooden ladders should be kept coated with a suitable protective material. Painted ladders are acceptable if the ladders are carefully inspected prior to painting by competent and experienced inspectors acting for, and responsible to, the purchaser, and if the ladders are not for resale.

     (4) A ladder must have feet that are appropriate for the surface on which it will be used.

     For example: A ladder used on a slippery surface must have steel points or other nonslip material on its feet.

     (5) Ladders must not be placed in front of doors opening toward the ladder unless the door is blocked open, locked, or guarded.

     (6) Ladder safety devices may be used on tower, water tank and chimney ladders over twenty feet long in place of cage protection. No landing platform is required in these cases. All ladder safety devices such as lifebelts, friction brakes, and sliding attachments must meet the design requirements of the ladders that they serve.

     (7) See chapter 296-307 WAC Part K for requirements related to working near overhead lines.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-05507, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-05507, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-05507, filed 10/31/96, effective 12/1/96.]

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296-307-060
What requirements apply to job-made ladders?

  A "job-made ladder" is a ladder that you or your employees build.

     Job-made ladders must meet the following requirements:

     (1) All cleats must be made of one-by-four-inch nominal lumber, or stronger.

     (2) Cleats must be inset into the edges of side rails to a depth of one-half inch, or filler blocks must be used on the rails between the cleats.

     (3) Each cleat must be fastened to each rail with three 8d common wire nails or other fasteners of equal strength.

     (4) Cleats must be uniformly spaced approximately 12 inches from the top of one cleat to the top of the next.

     (5) Side rails must be continuous, unless splices develop the full strength of a continuous rail of equal length.



[97-09-013, recodified as § 296-307-060, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-060, filed 10/31/96, effective 12/1/96.]

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296-307-061
What requirements apply to working around bins, bunkers, hoppers, tanks, pits, and trenches?

  (1) Employees must be prohibited from entering any bin, bunker, hopper, or similar area when loose materials (such as chips, sand, grain, gravel, sawdust, etc.) may collapse, unless the employee wears a safety belt with a lifeline attached and is attended by a helper.

Note:

Silage pits are exempt from this section.

Reference:

For requirements relating to confined spaces, see WAC 296-307-642 through 296-307-656.

     (2) When employees are required to work in a trench or a pit 4 feet deep or more, the trench or the pit must be shored or sloped according to the following table:

SOIL OR ROCK TYPE MAXIMUM ALLOWABLE	SLOPES (H:V) (1) FOR EXCAVATIONS LESS THAN 20 FEET DEEP      (2)
STABLE ROCK	VERTICAL (90°)
TYPE A	3/4:1 (53°)
TYPE B	1:1 (45°)
TYPE C	1 1/2:1 (34°)

1	Numbers in parentheses next to maximum allowable slopes are angles in degrees from the horizontal. Angles have been rounded off.
2	Sloping or benching for excavations greater than 20 feet deep must be designed by a registered professional engineer.

     (3) Each soil and rock deposit must be classified by a competent person as Stable Rock, Type A, B, or C according to the definitions in WAC 296-155-66401. "Competent person" means someone who is able to identify working conditions that are hazardous to employees, and has authority to take prompt action to eliminate the hazards.

     (4) Classification of the deposits must be based on the results of at least one visual and at least one manual analysis. The analyses must be conducted by a competent person using tests in recognized methods of soil classification and testing such as those adopted by the American Society for Testing Materials, or the U.S. Department of Agriculture textural classification system.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-061, filed 12/21/04, effective 4/2/05. 97-09-013, recodified as § 296-307-061, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-061, filed 10/31/96, effective 12/1/96.]

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296-307-065
How must slow-moving vehicles be marked?

  (1) You must ensure that all farm tractors and other slow-moving farm vehicles and equipment used on public roads have lamps, reflectors, and a slow-moving vehicle emblem. From one-half hour after sunset to one-half hour before sunrise, slow-moving vehicles must have lights and reflectors.

     (2) The slow-moving vehicle emblem is a fluorescent yellow-orange triangle with a dark red reflective border. (See figure.) The emblem must be used on public roads only by vehicles designed to move slowly (25 M.P.H. or less).







[97-09-013, recodified as § 296-307-065, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-065, filed 10/31/96, effective 12/1/96.]

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296-307-070
Motor vehicles.

  



[97-09-013, recodified as § 296-307-070, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-070, filed 10/31/96, effective 12/1/96.]

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296-307-07001
How must motor vehicles be maintained?

  (1) You must maintain all motor vehicles and their parts in good repair and safe condition.

     (2) You must not use tires that are worn beyond the point of safety.

     (3) Employees must report to you any motor vehicle or other farm equipment that is in unsafe operating condition. You must ensure that the vehicle or equipment is removed from service and repaired before use.

     (4) Before an employee performs service or repair work under hydraulic or mechanical raised dump truck beds, blades, discs, or other equipment, the raised portion of the equipment must be manually pinned or blocked to prevent falling.



[97-09-013, recodified as § 296-307-07001, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-07001, filed 10/31/96, effective 12/1/96.]

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296-307-07003
How must motor vehicles be operated?

  (1) Vehicles must be driven at safe operating speed.

     (2) Truck drivers must operate equipment at a safe speed for roadway conditions.

     (3) When an employee backing a truck has obstructed vision, the employee must be assisted by a signaler. The signaler must have a clear view of the rear of the truck and the operator of the truck.

     (4) Truck drivers must sound their horn before starting to back, and intermittently while backing.

     (5) Shut off motors before refueling. Take care to prevent fuel from spilling on hot parts.



[97-09-013, recodified as § 296-307-07003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-07003, filed 10/31/96, effective 12/1/96.]

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296-307-07005
Who may operate motor vehicles?

  Only qualified drivers may operate motor vehicles and must have a current motor vehicle operator's license.



[97-09-013, recodified as § 296-307-07005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-07005, filed 10/31/96, effective 12/1/96.]

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296-307-07007
What requirements apply to motor vehicle brakes?

  (1) You must ensure that motor vehicles have brakes that will safely hold the maximum load on maximum grades.

     (2) Trucks parked on an incline must have the steered wheels turned into the curb and must have at least one "driver" wheel chocked on each side, independent of the braking system.

Exception:

If the truck has a functioning secondary braking system, the turned wheels and chock are not required.

     (3) You must ensure that trailers have working air brakes, or another approved type. Air must be cut into the trailer brake system at the time that the trailer is coupled to the truck.

     (4) The driver must test truck and trailer brakes before driving down a steep grade.



[97-09-013, recodified as § 296-307-07007, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-07007, filed 10/31/96, effective 12/1/96.]

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296-307-07009
How must motor vehicles be loaded and unloaded?

  (1) You must ensure that employees load and unload motor vehicles safely.

     (2) All loads transported on trucks or truck and trailer combinations must be properly secured and distributed. Loads must not exceed the safe operating load for the roadway condition and the capacity of the bridges, trestles, and other structures.



[97-09-013, recodified as § 296-307-07009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-07009, filed 10/31/96, effective 12/1/96.]

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296-307-07011
What safety equipment must motor vehicles have?

  All motor vehicles must have standard lights, horn, flags, flares, and other safety equipment that conforms to the state of Washington motor vehicles laws.



[97-09-013, recodified as § 296-307-07011, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-07011, filed 10/31/96, effective 12/1/96.]

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296-307-07013
What rules apply to vehicles used to transport employees?

  You must ensure that motor vehicles used regularly to transport employees meet the following requirements:

     (1) The vehicles are well equipped, covered against the weather, and maintained in good mechanical condition at all times.

     (2) A sufficient number of properly secured seats are provided in each vehicle to accommodate the number of employees transported. When emergency conditions make it necessary to transport more employees than the seating capacity can accommodate, all employees must ride within the vehicle. No employee may ride on fenders or running boards of the vehicle.

     (3) No employees may ride in or on any vehicle with their legs hanging over the end or sides. All trucks without tail gates should have safety bars.

     (4) The vehicles have storage strong enough to retain sharp tools that could present a hazard to employees being transported.

     (5) All dump-trucks used to transport employees have an adequate safety chain or locking device to ensure that the body of the truck is not raised while employees are riding in it.

     (6) Explosives or highly inflammable materials are not carried in or on the vehicle while it is used to transport employees.

     (7) Exhaust systems are installed and maintained in proper condition, and are designed to eliminate the employee exposure to exhaust gases and fumes.

     (8) Within the cab, crew trucks must carry only the number of passengers for which they are designed. In any seating arrangement, the driver must be able to maintain full freedom of motion. The driver's normal vision must be free from obstruction by passengers or the seating arrangement.

     (9) All enclosed crew trucks have an emergency exit in addition to the regular entrance.

     (10) Trucks used for hauling gravel may be used as crew trucks if they meet the following requirements:

     (a) Steps in proper places;

     (b) Wooden floors;

     (c) Securely fastened seats;

     (d) Truck is properly covered; and

     (e) Compliance with all other general regulations covering crew trucks.

     (11) Half-ton vehicles must haul no more than six persons including driver. Three-quarter-ton vehicles must haul no more than eight persons including driver.

     (12) The vehicle is equipped with the first-aid supplies required by WAC 296-307-03920, two blankets, and a fire extinguisher.

Note:

Additional requirements relating to first aid are located in WAC 296-307-039.

     (13) Heating units with open fires are not used in vehicles transporting crews.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-07013, filed 12/21/04, effective 4/2/05. Statutory Authority: RCW 49.17.010,[49.17].040 , and [49.17].050. 01-17-033, § 296-307-07013, filed 8/8/01, effective 9/1/01. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-07013, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-07013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-07013, filed 10/31/96, effective 12/1/96.]

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296-307-073
What requirements apply to changing and charging storage batteries?

  (1) Battery changing installations must be located in areas designated for that purpose.

     (2) Facilities must be provided for:


     • Flushing and neutralizing spilled electrolyte;

     • Fire protection;

     • Protecting charging apparatus from damage by trucks; and

     • Adequate ventilation of fumes from gassing batteries.


     (3) Racks used to support batteries should be made of or covered with materials that will not create sparks.

     (4) A conveyor, overhead hoist, or equivalent material handling equipment must be provided for handling batteries.

     (5) Reinstalled batteries must be properly positioned and secured in the vehicle.

     (6) A carboy tilter or siphon must be provided for handling electrolyte.

     (7) When mixing water and acid for charging batteries, pour acid into water; do not pour water into acid.

     (8) Vehicles must be properly positioned and the brake applied before attempting to change or charge batteries.

     (9) When charging batteries, the vent caps should be kept in place to avoid electrolyte spray. You must ensure that vent caps function. The battery (or compartment) cover(s) must be open for cooling.

     (10) Precautions shall be taken to prevent open flames, sparks, or electric arcs in battery charging areas.

     (11) Tools and other metallic objects must be kept away from the tops of uncovered batteries.



[97-09-013, recodified as § 296-307-073, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-073, filed 10/31/96, effective 12/1/96.]

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296-307-076
How must farm field equipment be guarded?

  "Farm field equipment" means tractors or implements, including self-propelled implements, used in agricultural operations.

     (1) All power transmission components must be guarded according to WAC 296-307-280.

     (2) The manufacturer's instruction manual, if published by the manufacturer and currently available, must be the source of information for the safe operation and maintenance of field equipment.

     (3) You must ensure that all power takeoff shafts, including rear, mid-mounted or side-mounted shafts, are guarded by a master shield, as follows:

     (a) The rear power takeoff has a master shield. The master shield is strong enough to prevent permanent deformation of the shield when a 250-pound operator mounts or dismounts the tractor using the shield as a step.

     (b) Power takeoff driven equipment is guarded to prevent employee contact with rotating members of the power drive system. When the tractor master shield must be removed to use specific power takeoff driven equipment, the equipment must provide protection from the part of the tractor power takeoff shaft that protrudes from the tractor.

     (c) Signs are placed at prominent locations on the tractor and on power takeoff driven equipment requiring that safety shields are kept in place.

     (4) The following functional components must be shielded to a degree consistent with the intended function and operator's vision of the component.


     • Snapping or husking rolls;

     • Straw spreaders and choppers;

     • Cutterbars;

     • Flail rotors;

     • Rotary beaters;

     • Mixing augers;

     • Feed rolls;

     • Conveying augers;

     • Rotary tillers; and

     • Similar units that must be exposed for proper function


     (5) Where removing a guard or access door will expose an employee to any component that continues to rotate after the power is disengaged, you must provide, in the immediate area:

     (a) A safety sign warning the employee to look and listen for evidence of rotation and to wait until all components have stopped before removing the guard or access door.

     (b) A readily visible or audible warning of rotation on equipment manufactured after October 25, 1976.

     (6) If the mounting steps or ladder and the handholds of the propelling vehicle are made inaccessible by installation of other equipment, other steps and handholds must be provided on the equipment.

     (7) You must ensure that the operator's steps and platform have a slip-resistant covering to minimize the possibility of slipping.

     (8) Powered machines not driven by an individual motor must have a clutch or other effective means of stopping.

     (9) All friction clutches must have sufficient clearance and be kept adjusted to prevent drag or creeping when disengaged.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-076, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-076, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-076, filed 10/31/96, effective 12/1/96.]

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296-307-080
Rollover protective structures (ROPS) for tractors.

  



[97-09-013, recodified as § 296-307-080, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-080, filed 10/31/96, effective 12/1/96.]

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296-307-08003
Which agricultural tractors are covered by this section?

  All agricultural tractors manufactured after October 25, 1976, must meet the requirements of WAC 296-307-080. An agricultural tractor manufactured on or before October 25, 1976, must meet the requirements of WAC 296-307-080 if:

     (1) The tractor was built or sold with rollover protective structures (ROPS) as an optional accessory; or

     (2) According to the manufacturer, the tractor was designed to accommodate the addition of ROPS.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-08003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-08003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08003, filed 10/31/96, effective 12/1/96.]

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296-307-08006
What definitions apply to rollover protective structures (ROPS) for agricultural tractors?

  "Agricultural tractor" means a two-wheel-drive or four-wheel-drive vehicle, or a track vehicle of more than twenty net engine horsepower, designed to furnish the power to pull, carry, propel, or drive implements that are designed for agriculture. All human-powered implements are excluded.

     "Low profile tractor" means a wheel or track-equipped vehicle with the following characteristics:

     • The front wheel spacing is equal to the rear wheel spacing, as measured between the centerlines of the wheels;

     • The clearance from the bottom of the tractor chassis to the ground is eighteen inches or less;

     • The highest point of the hood is sixty inches or less, and

     • The tractor is designed so that the operator straddles the transmission when seated.



[97-09-013, recodified as § 296-307-08006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08006, filed 10/31/96, effective 12/1/96.]

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296-307-08009
What requirements apply to the testing and performance of ROPS used on agricultural tractors?

  You must provide a rollover protective structure (ROPS) for each employee-operated tractor that is covered by WAC 296-307-080. ROPS used on wheel-type tractors must meet the test and performance requirements of OSHA 1928.51 C.F.R. Protective frames for wheel type agricultural tractors, and ROPS used on track-type tractors must meet the test and performance requirements of SAE Standard J334a (July 1970) and the portions of SAE Standard J167 (1971) pertaining to overhead protection requirements.



[Statutory Authority: RCW 49.17.010, [49.17].040,[49.17].050 . 02-12-098, § 296-307-08009, filed 6/5/02, effective 8/1/02. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-08009, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-08009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08009, filed 10/31/96, effective 12/1/96.]

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296-307-08012
What requirements apply to seatbelts used with ROPS on agricultural tractors?

  (1) Where ROPS are required by WAC 296-307-080, you must:

     (a) Provide each tractor with a seatbelt;

     (b) Require that each employee use the seatbelt while the tractor is moving; and

     (c) Require that each employee tighten the seatbelt sufficiently to confine the employee to the ROPS protected area.

     (2) Each seatbelt and seatbelt anchorage must meet the requirements of ANSI/SAE J800 April 1986, Motor Vehicle Seat Belt Assemblies.

     (a) Where a suspended seat is used, the seatbelt must be fastened to the movable portion of the seat.

     (b) The seatbelt webbing material must be at least as resistant to acids, alkalis, mildew, aging, moisture and sunlight as untreated polyester fiber.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-08012, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-08012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08012, filed 10/31/96, effective 12/1/96.]

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296-307-08015
When are ROPS not required on agricultural tractors?

  ROPS are not required on agricultural tractors that are used as follows:

     (1) Low profile tractors used in orchards, vineyards or hop yards where the vertical clearance requirements would substantially interfere with normal operations, and for work related to these uses.

     (2) Low profile tractors while used inside a farm building or greenhouse in which the vertical clearance is insufficient to allow a ROPS equipped tractor to operate.

     (3) Tractors while used with mounted equipment that is incompatible with ROPS (for example, cornpickers, cotton strippers, vegetable pickers, and fruit harvesters).

     (4) Track-type agricultural tractors whose overall width (measured between the outside edges of the tracks) is at least three times the height of the rated center of gravity, and whose rated maximum speed in forward or reverse is not greater than seven miles per hour, when used only for tillage or harvesting operations, and which:

     (a) Does not involve operating on slopes in excess of forty percent from horizontal; and

     (b) Does not involve operating on piled crop products or residue (for example: Silage in stacks or pits); and

     (c) Does not involve operating in close proximity to irrigation ditches, streams or other excavations more than two feet deep that contain slopes of more than forty percent from horizontal; and

     (d) Does not involve construction-type operation, such as bulldozing, grading, or land clearing.



[97-09-013, recodified as § 296-307-08015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08015, filed 10/31/96, effective 12/1/96.]

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296-307-08018
What employee training requirements apply to ROPS used on agricultural tractors?

  (1) You must ensure that every employee who operates an agricultural tractor is informed of the operating practices listed below and of any other practices dictated by the work environment. You must provide the information at the time of initial assignment and at least annually thereafter.

EXHIBIT A

EMPLOYEE OPERATING INSTRUCTIONS

1.	Securely fasten your seat belt if the tractor has a ROPS.
2.	Where possible, avoid operating the tractor near ditches, embankments and holes.
3.	Reduce speed when turning, crossing slopes and on rough, slick or muddy surfaces.
4.	Stay off slopes too steep for safe operation.
5.	Watch where you are going, especially at row ends, on roads and around trees.
6.	Passengers, other than persons required for instruction or machine operation, shall not be permitted to ride on equipment unless a passenger seat or other protective device is provided.
7.	Operate the tractor smoothly -- no jerky turns, starts, or stops.
8.	Hitch only to the drawbar and hitch points recommended by tractor manufacturers.
9.	When tractor is stopped, set brakes securely and use park lock if available.

     (2) You must ensure that every employee who operates an agriculture tractor is trained specifically in the operation of the tractor to be used. The training must include an orientation of the operator to the topographical features of the land where the tractor will be operated. Training must emphasize safe operating practices to avoid rollover.

     (3) The tractor training program must be described in the written accident prevention program required by WAC 296-307-030.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-08018, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-08018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-08-051A, § 296-306A-08018, filed 3/31/97, effective 5/1/97; 96-22-048, § 296-306A-08018, filed 10/31/96, effective 12/1/96.]

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296-307-08021
What other requirements apply to ROPS used on agricultural tractors?

  (1) You must ensure that batteries, fuel tanks, oil reservoirs, and coolant systems are constructed and located or sealed to ensure that no spillage comes in contact with the operator in the event of an upset.

     (2) All sharp edges and corners at the operator's station must be designed to minimize operator injury in the event of an upset.

     (3) When ROPS are removed, they must be remounted to meet the requirements of WAC 296-307-080.

     (4) You must ensure that each ROPS has a label, permanently affixed to the structure, that states:

     (a) Manufacturer's or fabricator's name and address;

     (b) ROPS model number, if any;

     (c) Tractor makes, models, or series numbers that the structure is designed to fit; and

     (d) That the ROPS model was tested in accordance with the requirements of this section.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-08021, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-08021, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08021, filed 10/31/96, effective 12/1/96.]

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296-307-085
When must ROPS be provided for material handling equipment?

  (1) This section applies to the following types of material handling equipment: Rubber-tired, self-propelled scrapers; rubber-tired front-end loaders; rubber-tired dozers; wheel-type agricultural and industrial tractors; crawler tractors; crawler-type loaders; and motor graders, with or without attachments, that are used in agricultural work. This section does not apply to side-boom pipelaying tractors.

     (2) You must ensure that material handling equipment manufactured on or after October 25, 1976, is equipped with ROPS that meet the minimum performance standards of WAC 296-307-08009.

     (3) ROPS and supporting attachments must meet the minimum performance standards of OSHA 1928.52 C.F.R., Protective Frames for Wheel Type Agricultural Tractors, or must be designed, fabricated, and installed in a manner that will support, based on the ultimate strength of the metal, at least two times the weight of the prime mover applied at the point of impact.

     (a) The ROPS must be designed to minimize the likelihood of a complete overturn and to minimize the possibility of the operator being crushed in a rollover.

     (b) The design must provide a vertical clearance of at least fifty-two inches from the work deck to the ROPS at the entrance.

     (4) When ROPS are removed, they must be remounted so as to meet the requirements of this section.

     (5) Each ROPS must have a label, permanently affixed to the structure, that states:

     (a) Manufacturer's or fabricator's name and address;

     (b) ROPS model number, if any;

     (c) Tractor makes, models, or series numbers that the structure is designed to fit; and

     (d) That the ROPS model was tested in accordance with the requirements of this section.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-085, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-085, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-085, filed 10/31/96, effective 12/1/96.]

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296-307-090
What requirements apply to overhead protection for operators of agricultural and industrial tractors?

  This section applies to wheel-type agricultural tractors used in construction work and to wheel-type industrial tractors used in agriculture work.

     (1) If grid or mesh is used for overhead protection, the largest permissible opening is 1.5 in. (38 mm.) in diameter. The overhead protection must not be installed in such a way as to become a hazard in the case of upset.

     (2) All equipment used in site clearing operations must have rollover guards meeting the requirements of this chapter. You must ensure that rider-operated equipment is equipped with an overhead and rear canopy guard meeting the following requirements:

     (a) The overhead covering is at least eighth-inch steel plate or quarter-inch woven wire mesh with openings no greater than one inch, or equivalent.

     (b) The opening in the rear of the canopy structure is covered with not less than quarter-inch woven wire mesh with openings no greater than one inch.

     (3) Overhead protection that meets the provisions of SAE Standard J334 (July 1970) for rubber-tired dozers and rubber-tired loaders also meets the requirements of this standard.



[97-09-013, recodified as § 296-307-090, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-090, filed 10/31/96, effective 12/1/96.]

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296-307-095
Field sanitation.

  



[97-09-013, recodified as § 296-307-095, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-095, filed 10/31/96, effective 12/1/96.]

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296-307-09503
What does this section cover?

  WAC 296-307-095 applies to any agricultural employer with one or more employees engaged in any hand-labor operations in the field.

EXCEPTION:	WAC 296-307-09515 (handwashing facilities) and 296-307-09518 (toilet facilities) do not apply if your employees:
	(1) Are engaged in field activities for the production of grains, livestock, or livestock feed; or
	(2) Use vehicles, machinery, or animals as part of their field activities and, when needed, can transport themselves to and from toilet and handwashing facilities.

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-09503, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-09503, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09503, filed 10/31/96, effective 12/1/96.]

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296-307-09506
What definitions apply to this section?

  "Accessible" means a maximum of one-quarter mile or five minutes travel time from the worksite.

     "Hand-labor operations" means agricultural operations performed by hand or with hand tools.

     For example: The hand cultivation, weeding, planting or harvesting of vegetables, nuts, fruit, seedlings or other crops, including mushrooms, and hand packing into containers.

Exception:

Hand-labor does not include logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or packing houses).

     "Handwashing facility" means a facility that meets the requirements of WAC 296-307-09515 and is approved by the local health authority.

     "Potable water" means water that is suitable for drinking by the public and meets the requirements of chapter 246-290 or 246-291 WAC.

     "Toilet" means a fixed or portable facility designed for the purpose of adequate collection and containment of both defecation and urination. "Toilet" includes biological, chemical, flush, and combustion toilets, or sanitary outhouses.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and chapter 49.17 RCW. 12-24-071, § 296-307-09506, filed 12/4/12, effective 1/4/13. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-09506, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-09506, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09506, filed 10/31/96, effective 12/1/96.]

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296-307-09509
What orientation must employers provide for field sanitation?

  You must provide each employee with verbal orientation on field sanitation facilities. The orientation must be understandable to each employee and must include:

     (1) The location of potable water supplies and the importance of drinking water frequently, especially on hot days;

     (2) Identification of all nonpotable water at the worksite and prohibition of the use of nonpotable water for sanitation purposes with an explanation of the hazards associated with using nonpotable water;

     (3) The location of handwashing facilities and the importance of handwashing:

     (a) Before and after using the toilet; and

     (b) Before eating and smoking; and

     (4) The location of toilet facilities; an explanation that facilities are for employee convenience and health considerations; the necessity to keep them sanitary; and that using the fields, orchards, or forests is not an option.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-09509, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-09509, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09509, filed 10/31/96, effective 12/1/96.]

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296-307-09512
What potable water sources must an employer provide?

  You must provide potable water for employees engaged in hand-labor operations in the field, without cost to the employee. Potable water must meet the following requirements:

     (1) Potable water is in locations that are accessible to all employees.

     (2) Potable water containers are refilled daily or more often as necessary.

     (3) Potable water dispensers are designed, constructed, and serviced so that sanitary conditions are maintained. They are closeable and equipped with a tap.

     (4) Open containers such as barrels, pails, or tanks for drinking water from which water must be dipped or poured, whether or not they are fitted with a cover, are prohibited.

     (5) Any container used to distribute drinking water is clearly marked in English and with the appropriate international symbol describing its contents.

     (6) Any container used to distribute drinking water is only used for that purpose.

     (7) Potable water is suitably cool and provided in sufficient amounts, taking into account the air temperature, humidity, and the nature of the work performed, to meet employees' needs.

Note:

Suitably cool water should be sixty degrees Fahrenheit or less. During hot weather, employees may require up to three gallons of water per day. Additional requirements may be found in the outdoor heat exposure standard in Part G-1, WAC 296-307-09740 Drinking water, which applies between May 1st and September 30th of each year.

     (8) The use of common drinking cups or dippers is prohibited. Water is dispensed in single-use drinking cups, personal containers, or by water fountains.

     "Single-use drinking cups" means containers of any type or size, disposable or not, and including personal containers if the choice to use a personal container is made by the employee, not the employer.

     (9) Employees must be prohibited from drinking from irrigation ditches, creeks or rivers. Potable water must meet the quality standards for drinking purposes of the state or local authority, or must meet quality standards of the United States Environmental Protection Agency's National Interim -- Primary Drinking Water Regulations, published in 40 C.F.R. Part 141 and 40 C.F.R. 147.2400.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-09512, filed 3/18/09, effective 5/1/09. 97-09-013, recodified as § 296-307-09512, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09512, filed 10/31/96, effective 12/1/96.]

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296-307-09515
What handwashing facilities must an employer provide?

  You must provide handwashing facilities for employees engaged in hand-labor operations in the field, without cost to the employee. Handwashing facilities must meet the following requirements:

     (1) One handwashing facility with a tap and an adequate supply of water, soap, single-use hand towels, and either a basin or other suitable container for washing is provided for each twenty employees or fraction of twenty.

Note:

Nonpotable water must not be used for washing any part of a person, except as permitted by the local health authority.

     (2) Each facility has running water.

     (3) Each facility has a dispenser containing handsoap or a similar cleansing agent.

     (4) Each facility has individual single-use hand towels.

     (5) Facilities are maintained in a clean and sanitary condition according to appropriate public health sanitation practices.

     (6) Waste receptacles are provided. Disposal of wastes from the facilities does not create a hazard nor cause an unsanitary condition.

     (7) Employees are allowed reasonable time during the work period to use the facilities.

     (8) Handwashing facilities are near toilet facilities and within one-quarter mile of each employee's worksite in the field.

Exception:

Where it is not feasible to locate facilities as required above, the facilities must be located at the point of closest vehicular access.

[97-09-013, recodified as § 296-307-09515, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09515, filed 10/31/96, effective 12/1/96.]

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296-307-09518
What toilet facilities must an employer provide?

  You must provide toilet facilities for employees engaged in hand-labor operations in the field, without cost to the employee. Toilet facilities must meet the following requirements:

     (1) One toilet facility is provided for each twenty employees or fraction of twenty.

     (2) You must ensure, at the beginning of each day, that the toilets are inspected. If any toilet facility fails to meet the requirements of this section, immediate corrective action is taken. Inspections are documented and the record maintained at the worksite for at least seventy-two hours.

     (3) Toilet facilities are adequately ventilated; appropriately screened, and have self-closing doors that can be closed and latched from the inside. Toilet facilities are constructed to ensure privacy.

     (4) Facilities are maintained in a clean, sanitary, and functional condition and according to appropriate public health sanitation practices.

     (5) Toilets are supplied with toilet paper.

     (6) Disposal of wastes from the facilities does not create a hazard or cause an unsanitary condition.

     (7) Employees are allowed reasonable time during the work period to use the facilities.

     (8) Facilities are near handwashing facilities and within one-quarter mile of each employee's worksite in the field.

Exception:

Where it is not feasible to locate facilities as required above, the facilities must be located at the point of closest vehicular access.

[97-09-013, recodified as § 296-307-09518, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09518, filed 10/31/96, effective 12/1/96.]

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296-307-097
Outdoor heat exposure.

  



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-097, filed 3/18/09, effective 5/1/09.]

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296-307-09710
Scope and purpose.

  (1) WAC 296-307-097 through296-307-09760 applies to all employers with employees performing work in an outdoor environment.

     (2) The requirements of WAC 296-307-097 through296-307-09760 apply to outdoor work environments from May 1 through September 30, annually, only when employees are exposed to outdoor heat at or above an applicable temperature listed in Table 1.

     Table 1

     To determine which temperature applies to each worksite, select the temperature associated with the general type of clothing or personal protective equipment (PPE) each employee is required to wear.

Outdoor Temperature Action Levels

All other clothing	89°
Double-layer woven clothes including coveralls, jackets and sweatshirts	77°
Nonbreathing clothes including vapor barrier clothing or PPE such as chemical resistant suits	52°

Note:

There is no requirement to maintain temperature records. The temperatures in Table 1 were developed based on Washington state data and are not applicable to other states.

     (3) WAC 296-307-097 through 296-307-09760 does not apply to incidental exposure which exists when an employee is not required to perform a work activity outdoors for more than fifteen minutes in any sixty-minute period. This exception may be applied every hour during the work shift.

     (4) WAC 296-307-097 through 296-307-09760 supplement all industry-specific standards with related requirements. Where the requirements under these sections provide more specific or greater protection than the industry-specific standards, the employer shall comply with the requirements under these sections. Additional related requirements are found in chapter 296-305 WAC, Safety standards for firefighters and chapter 296-307 WAC, Safety standards for agriculture.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-09710, filed 3/18/09, effective 5/1/09.]

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296-307-09720
Definitions.

  (1) Acclimatization means the body's temporary adaptation to work in heat that occurs as a person is exposed to it over time.

     (2) Double-layer woven clothing means clothing worn in two layers allowing air to reach the skin. For example, coveralls worn on top of regular work clothes.

     (3) Drinking water means potable water that is suitable to drink. Drinking water packaged as a consumer product and electrolyte-replenishing beverages (i.e., sports drinks) that do not contain caffeine are acceptable.

     (4) Engineering controls means the use of devices to reduce exposure and aid cooling (i.e., air conditioning).

     (5) Environmental factors for heat-related illness means working conditions that increase susceptibility for heat-related illness such as air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload (i.e., heavy, medium, or low) and duration, and personal protective equipment worn by employees. Measurement of environmental factors is not required by WAC 296-307-097.

     (6) Heat-related illness means a medical condition resulting from the body's inability to cope with a particular heat load, and includes, but is not limited to, heat cramps, heat rash, heat exhaustion, fainting, and heat stroke.

     (7) Outdoor environment means an environment where work activities are conducted outside. Work environments such as inside vehicle cabs, sheds, and tents or other structures may be considered an outdoor environment if the environmental factors affecting temperature are not managed by engineering controls. Construction activity is considered to be work in an indoor environment when performed inside a structure after the outside walls and roof are erected.

     (8) Vapor barrier clothing means clothing that significantly inhibits or completely prevents sweat produced by the body from evaporating into the outside air. Such clothing includes encapsulating suits, various forms of chemical resistant suits used for PPE, and other forms of nonbreathing clothing.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-09720, filed 3/18/09, effective 5/1/09.]

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296-307-09730
Employer and employee responsibility.

  (1) Employers of employees exposed at or above temperatures listed in WAC 296-307-09710(2) Table 1 must:

     (a) Address their outdoor heat exposure safety program in their written accident prevention program (APP); and

     (b) Encourage employees to frequently consume water or other acceptable beverages to ensure hydration.

     (2) Employees are responsible for monitoring their own personal factors for heat-related illness including consumption of water or other acceptable beverages to ensure hydration.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-09730, filed 3/18/09, effective 5/1/09.]

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296-307-09740
Drinking water.

  (1) Keeping workers hydrated in a hot outdoor environment requires that more water be provided than at other times of the year. Federal OSHA and research indicate that employers should be prepared to supply at least one quart of drinking water per employee per hour. When employee exposure is at or above an applicable temperature listed in WAC 296-307-09710(2) Table 1:

     (a) Employers must ensure that a sufficient quantity of drinking water is readily accessible to employees at all times; and

     (b) Employers must ensure that all employees have the opportunity to drink at least one quart of drinking water per hour.

     (2) Employers are not required to supply the entire quantity of drinking water needed to be supplied for all employees on a full shift at the beginning of the shift. Employers may begin the shift with smaller quantities of drinking water if effective procedures are established for replenishment during the shift.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-09740, filed 3/18/09, effective 5/1/09.]

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296-307-09750
Responding to signs and symptoms of heat-related illness.

  (1) Employees showing signs or demonstrating symptoms of heat-related illness must be relieved from duty and provided with a sufficient means to reduce body temperature.

     (2) Employees showing signs or demonstrating symptoms of heat-related illness must be monitored to determine whether medical attention is necessary.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-09750, filed 3/18/09, effective 5/1/09.]

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296-307-09760
Information and training.

  All training must be provided to employees and supervisors, in a language the employee or supervisor understands, prior to outdoor work which exceeds a temperature listed in WAC 296-307-09710(2) Table 1, and at least annually thereafter.

     (1) Employee training. Training on the following topics must be provided to all employees who may be exposed to outdoor heat at or above the temperatures listed in WAC 296-307-09710(2) Table 1:

     (a) The environmental factors that contribute to the risk of heat-related illness;

     (b) General awareness of personal factors that may increase susceptibility to heat-related illness including, but not limited to, an individual's age, degree of acclimatization, medical conditions, drinking water consumption, alcohol use, caffeine use, nicotine use, and use of medications that affect the body's responses to heat. This information is for the employee's personal use;

     (c) The importance of removing heat-retaining personal protective equipment such as nonbreathable chemical resistant clothing during all breaks;

     (d) The importance of frequent consumption of small quantities of drinking water or other acceptable beverages;

     (e) The importance of acclimatization;

     (f) The different types of heat-related illness, the common signs and symptoms of heat-related illness; and

     (g) The importance of immediately reporting signs or symptoms of heat-related illness in either themselves or in co-workers to the person in charge and the procedures the employee must follow including appropriate emergency response procedures.

     (2) Supervisor training. Prior to supervising employees working in outdoor environments with heat exposure at or above the temperature levels listed in WAC 296-307-09710(2) Table 1, supervisors must have training on the following topics:

     (a) The information required to be provided to employees listed in subsection (1) of this section;

     (b) The procedures the supervisor must follow to implement the applicable provisions of WAC 296-307-097 through296-307-09760 ;

     (c) The procedures the supervisor must follow if an employee exhibits signs or symptoms consistent with possible heat-related illness, including appropriate emergency response procedures; and

     (d) Procedures for moving or transporting an employee(s) to a place where the employee(s) can be reached by an emergency medical service provider, if necessary.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-09760, filed 3/18/09, effective 5/1/09.]

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296-307-100
Personal protective equipment.

  



[97-09-013, recodified as § 296-307-100, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-100, filed 10/31/96, effective 12/1/96.]

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296-307-10005
Who must provide personal protective equipment?

  (1) You must ensure that employees are protected from injury or impairment of any bodily function that might occur through absorption, inhalation or physical contact of any substance, vapor, radiation, or physical hazard. Wherever appropriate, you must ensure that employees use protective clothing; respiratory devices; shields; barriers; and adequate protective equipment for eyes, face, head, and extremities.

     (2) You must provide personal protective equipment at no cost to employees, including replacement due to normal wear and tear. The equipment must be maintained in sanitary and reliable condition.

Exception:

You may require employees to provide their own normal work clothing, including long-sleeved shirts, long-legged pants, and socks.

     (3) If employees provide their own protective equipment, then you must ensure that the equipment is adequate, properly maintained, and sanitary.



[97-09-013, recodified as § 296-307-10005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-10005, filed 10/31/96, effective 12/1/96.]

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296-307-10010
What requirements apply to eye protection?

  You must require eye protection wherever employees are exposed to flying objects, welding or cutting glare, injurious liquids, or injurious radiation. Eye protectors must meet the criteria of the American National Standard for Occupational and Educational Eye and Face Protection.



[97-09-013, recodified as § 296-307-10010, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-10010, filed 10/31/96, effective 12/1/96.]

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296-307-10015
How must personal protective equipment be used?

  (1) You must ensure that employees use personal protective equipment according to the manufacturer's instructions.

     (2) You must ensure that, before each use, employees inspect all personal protective equipment for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.

     (3) The employee must use personal protective equipment according to instructions and training received.

     (4) The employee shall notify you of any defects in personal protective equipment or when the equipment becomes contaminated.



[97-09-013, recodified as § 296-307-10015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-10015, filed 10/31/96, effective 12/1/96.]

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296-307-10020
What must an employer do to prevent heat-related illness?

  You must take appropriate measures to prevent heat-related illness that may be caused by employees wearing any required personal protective equipment.



[97-09-013, recodified as § 296-307-10020, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-10020, filed 10/31/96, effective 12/1/96.]

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296-307-10025
What instruction on personal protective equipment must an employer give to employees?

  You must instruct each employee in the proper use of personal protective equipment. The instruction must include any special limitations or precautions indicated by the manufacturer.



[97-09-013, recodified as § 296-307-10025, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-10025, filed 10/31/96, effective 12/1/96.]

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296-307-107
Federal worker protection standards — Washington state department of agriculture.

  This chapter contains the federal Environmental Protection Agency worker protection standards as listed in 40 C.F.R., Part 170. Revisions to the federal language have been incorporated into this chapter in order to be consistent with other requirements of Washington state law. These rules are adopted in conjunction with rules adopted by the Washington state department of labor and industries in chapter 296-307 WAC, Part I.



[Statutory Authority: RCW 49.17.050. 09-17-119, § 296-307-107, filed 8/18/09, effective 10/1/09. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-107, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-107, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-107, filed 9/30/96, effective 11/1/96.]

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296-307-110
Scope and purpose — Worker protection standards — 40 C.F.R., § 170.1.

  This part contains standards designed to reduce the risks of illness or injury resulting from workers' and handlers' occupational exposures to pesticides used in the production of agricultural plants on farms or in nurseries, greenhouses, and forests and also to reduce the accidental exposure of workers and other persons to such pesticides. It requires workplace practices designed to reduce or eliminate exposure to pesticides and establishes procedures for responding to exposure-related emergencies.



[97-09-013, recodified as § 296-307-110, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-110, filed 9/30/96, effective 11/1/96.]

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296-307-11005
Definitions — Worker protection standards — 40 C.F.R., § 170.3.

  Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this part, shall have the following meanings:

     "Agricultural emergency" means a sudden occurrence or set of circumstances which the agricultural employer could not have anticipated and over which the agricultural employer has no control, and which requires entry into a pesticide treated area during a restricted-entry interval, when no alternative practices would prevent or mitigate a substantial economic loss.

     "Agricultural employer" means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of or is responsible for the management or condition of an agricultural establishment that uses such workers.

Note:

This definition does not conflict with the definition of employer in WAC 296-307-012.

     "Agricultural establishment" means any farm, forest, nursery, or greenhouse.

     "Agricultural plant" means any plant grown or maintained for commercial or research purposes and includes, but is not limited to, food, feed, and fiber plants; trees; turfgrass; flowers, shrubs; ornamentals; and seedlings.

     "Animal premise" means the actual structure used to house, cage or confine animals such as: Barns, poultry houses, mink sheds, corrals, or structures used for shelter.

     "Chemigation" means the application of pesticides through irrigation systems.

     "Commercial pesticide handling establishment" means any establishment, other than an agricultural establishment, that:

     • Employs any person, including a self-employed person, to apply on an agricultural establishment, pesticides used in the production of agricultural plants.

     • Employs any person, including a self-employed person, to perform on an agricultural establishment, tasks as a crop advisor.

     "Crop advisor" means any person who is assessing pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants and who holds a current Washington state department of agriculture commercial consultant license in the agricultural areas in which they are advising. The term does not include any person who is performing hand labor tasks.

     "Early entry" means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired.

     "Farm" means any operation, other than a nursery or forest, engaged in the outdoor production of agricultural plants.

     "Forest" means any operation engaged in the outdoor production of any agricultural plant to produce wood fiber or timber products.

     "Fumigant" means any pesticide product that is a vapor or gas, or forms a vapor or gas on application, and whose method of pesticidal action is through the gaseous state.

     "Greenhouse" means any operation engaged in the production of agricultural plants inside any structure or space that is enclosed with nonporous covering and that is of sufficient size to permit worker entry. This term includes, but is not limited to, polyhouses, mushroom houses, rhubarb houses, and similar structures. It does not include such structures as malls, atriums, conservatories, arboretums, or office buildings where agricultural plants are present primarily for aesthetic or climatic modification.

     "Hand labor" means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with surfaces (such as plants, plant parts, or soil) that may contain pesticide residues. These activities include, but are not limited to, harvesting, detasseling, thinning, weeding, topping, planting, sucker removal, pruning, disbudding, roguing, and packing produce into containers in the field. Hand labor does not include operating, moving, or repairing irrigation or watering equipment or performing the tasks of crop advisors.

     "Handler" means any person, including a self-employed person:

     • Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which WAC 296-307-130 applies and who is:

     ▪ Mixing, loading, transferring, or applying pesticides.

     ▪ Disposing of pesticides or pesticide containers.

     ▪ Handling opened containers of pesticides.

     ▪ Acting as a flagger.

     ▪ Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues.

     ▪ Assisting with the application of pesticides.

     ▪ Entering a greenhouse or other enclosed area after the application and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling has been met:

     ♦ To operate ventilation equipment.

     ♦ To adjust or remove coverings used in fumigation.

     ♦ To monitor air levels.

     ▪ Entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins.

     ▪ Performing tasks as a crop advisor:

     ♦ During any pesticide application.

     ♦ Before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling has been met.

     ♦ During any restricted-entry interval.

     • The term does not include any person who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been subjected to triple-rinsing or its equivalent.

     "Handler employer" means any person who is self-employed as a handler or who employs any handler, for any type of compensation.

     "Immediate family" includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters.

     "Nursery" means any operation engaged in the outdoor production of any agricultural plant to produce cut flowers and ferns or plants that will be used in their entirety in another location. Such plants include, but are not limited to, flowering and foliage plants or trees; tree seedlings; live Christmas trees; vegetable, fruit, and ornamental transplants; and turfgrass produced for sod.

     "Owner" means any person who has a present possessory interest (fee, leasehold, rental, or other) in an agricultural establishment covered by this chapter. A person who has both leased such agricultural establishment to another person and granted that same person the right and full authority to manage and govern the use of such agricultural establishment is not an owner for purposes of this part.

     "Restricted-entry interval" means the time after the end of a pesticide application during which entry into the treated area is restricted.

     "Substantial economic loss" means a loss in profitability greater than that which would be expected based on the experience and fluctuations of crop yields in previous years. Only losses caused by the agricultural emergency specific to the affected site and geographic area are considered. The contribution of mismanagement cannot be considered in determining the loss.

     "Treated area" means any area to which a pesticide is being directed or has been directed.

     "Worker" means any person, including a self-employed person, who is employed for any type of compensation and who is performing activities relating to the production of agricultural plants on an agricultural establishment to which WAC 296-307-120 applies. While persons employed by a commercial pesticide handling establishment are performing tasks as crop advisors, they are not workers covered by the requirements of WAC 296-307-120.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-11005, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-11005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-11005, filed 9/30/96, effective 11/1/96.]

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296-307-11010
General duties and prohibited actions — Worker protection standards — 40 C.F.R., § 170.7.

  (1) General duties. The agricultural employer or the handler employer, as appropriate, shall:

     (a) Assure that each worker subject to WAC 296-307-120 or each handler subject to WAC 296-307-130 receives the protections required by this part.

     (b) Assure that any pesticide to which WAC 296-307-130 applies is used in a manner consistent with the labeling of the pesticide, including the requirements of this part.

     (c) Provide, to each person who supervises any worker or handler, information and directions sufficient to assure that each worker or handler receives the protections required by this part. Such information and directions shall specify which persons are responsible for actions required to comply with this part.

     (d) Require each person who supervises any worker or handler to assure compliance by the worker or handler with the provisions of this part and to assure that the worker or handler receives the protections required by this part.

     (2) Prohibited actions. The agricultural employer or the handler employer shall not take any retaliatory action for attempts to comply with this part or any action having the effect of preventing or discouraging any worker or handler from complying or attempting to comply with any requirement of this part.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-11010, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-11010, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-11010, filed 9/30/96, effective 11/1/96.]

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296-307-11015
Violations of this part — Worker protection standards — 40 C.F.R., § 170.9.

  (1) RCW 15.58.150 (2)(c) provides that it is unlawful for any person ". . . to use or cause to be used any pesticide contrary to label directions . . .." When 40 C.F.R., Part 170 is referenced on a label, users must comply with all of its requirements except those that are inconsistent with product specific instructions on the labeling. For purposes of this chapter, the term "use" is interpreted to include:

     (a) Preapplication activities, including, but not limited to:

     (i) Arranging for the application of the pesticide;

     (ii) Mixing and loading the pesticide; and

     (iii) Making necessary preparations for the application of the pesticide, including responsibilities related to worker notification, training of handlers, decontamination, use and care of personal protective equipment, emergency information, and heat stress management.

Note:

Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1.

     (b) Application of the pesticide.

     (c) Post-application activities necessary to reduce the risks of illness and injury resulting from handlers' and workers' occupational exposures to pesticide residues during the restricted-entry interval plus thirty days. These activities include, but are not limited to, responsibilities related to worker training, notification, and decontamination.

     (d) Other pesticide-related activities, including, but not limited to, providing emergency assistance, transporting or storing pesticides that have been opened, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

     (2) A person who has a duty under this chapter, as referenced on the pesticide product label, and who fails to perform that duty, violates RCW 15.58.330 and 17.21.315, and is subject to civil penalties under RCW 15.58.335, 15.58.260 and 17.21.315.

     (3) FIFRA section 14 (b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term "acting for" includes both employment and contractual relationships.

     (4) The requirements of this chapter, including the decontamination requirements, shall not, for the purposes of section 653 (b)(1) of Title 29 of the U.S. Code, be deemed to be the exercise of statutory authority to prescribe or enforce standards or regulations affecting the general sanitary hazards addressed by Field Sanitation, WAC 296-307-095, or other agricultural, nonpesticide hazards.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-11015, filed 3/18/09, effective 5/1/09; 05-01-166, § 296-307-11015, filed 12/21/04, effective 4/2/05. 97-09-013, recodified as § 296-307-11015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-11015, filed 9/30/96, effective 11/1/96.]

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296-307-120
Applicability of this section — Standards for workers — 40 C.F.R., § 170.102.

  Requirement. Except as provided by WAC 296-307-12005 and 296-307-12010, WAC 296-307-120 applies when any pesticide product is used on an agricultural establishment in the production of agricultural plants.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-120, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-120, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-120, filed 9/30/96, effective 11/1/96.]

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296-307-12005
Exceptions — Standards for workers — 40 C.F.R., § 170.103.

  This section does not apply when any pesticide is applied on an agricultural establishment in the following circumstances:

     (1) For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities.

     (2) On livestock or other animals, or in or about animal premises.

     (3) On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses.

     (4) On plants that are in ornamental gardens, parks, and public or private lawns and grounds that are intended only for aesthetic purposes or climatic modification.

     (5) By injection directly into agricultural plants. Direct injection does not include "hack and squirt," "frill and spray," chemigation, soil-incorporation, or soil-injection.

     (6) In a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights of way and in other noncrop areas, and pasture and rangeland use.

     (7) For control of vertebrate pests.

     (8) As attractants or repellents in traps.

     (9) On the harvested portions of agricultural plants or on harvested timber.

     (10) For research uses of unregistered pesticides.



[97-09-013, recodified as § 296-307-12005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12005, filed 9/30/96, effective 11/1/96.]

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296-307-12010
Exemptions — Standards for workers — 40 C.F.R., § 170.104.

  The workers listed in this section are exempt from the specified provisions of WAC 296-307-120.

     (1) Owners of agricultural establishments.

     (a) The owner of an agricultural establishment is not required to provide to himself/herself or members of his/her immediate family who are performing tasks related to the production of agricultural plants on their own agricultural establishment the protections of:

     (i) WAC 296-307-12020 (3)(e) through (i);

     (ii) WAC 296-307-12020 (3)(e) through (i); as referenced in WAC 296-307-12020 (4)(b)(iii) and (5);

     (iii) WAC 296-307-12025;

     (iv) WAC 296-307-12030;

     (v) WAC 296-307-12040;

     (vi) WAC 296-307-12045;

     (vii) WAC 296-307-12050;

     (viii) WAC 296-307-12055.

     (b) The owner of the agricultural establishment must provide the protections listed in (a)(i) through (viii) of this subsection to other workers and other persons who are not members of his/her immediate family.

     (2) Crop advisors.

     (a) Provided that the conditions of this section are met, a person who is certified or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a state or tribal lead agency for pesticide enforcement, and persons performing crop advising tasks under such qualified crop advisor's direct supervision, are exempt from the provisions of:

     (i) WAC 296-307-12050.

     (ii) WAC 296-307-12055.

     A person is under the direct supervision of a crop advisor when the crop advisor exerts the supervisory controls set out in (b)(iii) and (iv) of this subsection. Direct supervision does not require that the crop advisor be physically present at all times, but the crop advisor must be readily accessible to the employees at all times.

     (b) Conditions of exemption.

     (i) The certification or licensing program requires pesticide safety training that includes, at least, all the information in WAC 296-307-13025 (3)(d).

     (ii) Applies only when performing crop advising tasks in the treated area.

     (iii) The crop advisor must make specific determinations regarding the appropriate PPE, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands.

     (iv) Before entering a treated area, the certified or licensed crop advisor must inform, through an established practice of communication, each person under his/her direct supervision of the pesticide product and active ingredient(s) applied, method of application, time of application, the restricted entry interval which tasks to undertake, and how to contact the crop advisor.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-12010, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-12010, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-12010, filed 9/30/96, effective 11/1/96.]

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296-307-12015
Restrictions associated with pesticide applications — Standards for workers — 40 C.F.R., § 170.110.

  (1) Farms and forests. During the application of any pesticide on a farm or in a forest, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the treated area.

     (2) Nurseries. In a nursery, during any pesticide application described in column A of Table 1 of this section, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 1 of this section. After the application is completed, until the end of any restricted-entry interval, the entry-restricted area is the treated area.

Table 1. -- Entry-Restricted Areas in Nurseries During

Pesticide Applications

A. During Application of a Pesticide:		B. Workers are Prohibited in:
(1)(a) Applied:      (i) Aerially, or      (ii) In an upward direction, or      (iii) Using a spray pressure greater than 150 psi, or		Treated area plus 100 feet in all directions on the nursery
(b) Applied as a:      (i) Fumigant, or      (ii) Smoke, or      (iii) Mist, or      (iv) Fog, or      (v) Aerosol.
(2)(a) Applied downward using:      (i) A height of greater than 12 inches from the planting medium, or      (ii) A fine spray, or      (iii) A spray pressure greater than 40 psi and less than 150 psi.		Treated area plus 25 feet in all directions on the nursery
(b) Not as in 1 or 2(a) above but for which a respiratory protection device is required for application by the product labeling.
(3) Applied otherwise.		Treated area

     (3) Greenhouses.

     (a) When a pesticide application described in column A of Table 2 under (d) of this subsection takes place in a greenhouse, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 2 until the time specified in column C of Table 2 has expired.

     (b) After the time specified in column C of Table 2 under (d) of this subsection has expired, until the expiration of any restricted-entry interval, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area as specified in column D of Table 2 under (d) of this subsection, except as provided in WAC 296-307-12020.

     (c) When column C of Table 2 under (d) of this subsection specifies that ventilation criteria must be met, ventilation shall continue until the air concentration is measured to be equal to or less than the inhalation exposure level the labeling requires to be achieved. If no inhalation exposure level is listed on the labeling, ventilation shall continue until after:

     (i) Ten air exchanges are completed; or

     (ii) Two hours of ventilation using fans or other mechanical ventilating systems; or

     (iii) Four hours of ventilation using vents, windows or other passive ventilation; or

     (iv) Eleven hours with no ventilation followed by one hour of mechanical ventilation; or

     (v) Eleven hours with no ventilation followed by two hours of passive ventilation; or

     (vi) Twenty-four hours with no ventilation.

     (d) The following Table 2 applies to (a), (b) and (c) of this subsection.

Table 2. -- Greenhouse Entry Restrictions Associated With

Pesticide Applications

A. When a Pesticide is Applied:			B. Workers are Prohibited in:		C. Until:		D. After the Expiration of Time in Column C Until the Restricted-Entry Interval Expires, the Entry-Restricted Area is:
(1) As a fumigant			Entire greenhouse plus any adjacent structure that cannot be sealed off from the treated area		The ventilation criteria of (c) of this subsection are met		No entry restrictions after criteria in column C are met
(2) As a:			Entire enclosed area		The ventilation criteria of (c) of this subsection are met		Entire enclosed area is the treated area
(i) Smoke, or      (ii) Mist, or      (iii) Fog, or      (iv) Aerosol
(3)     Not in 1 or 2 above, and for which a respiratory protection device is required for application by the product labeling			Entire enclosed area		The ventilation criteria of (c) of this subsection are met		Treated area
(4)     Not in 1, 2, or 3 above,      and:			Treated area plus 25 feet in all directions in the enclosed area		Application is complete		Treated area
	(i)     From a height of greater than 12 in. from the planting medium, or (ii)     As a fine spray, or (iii)     Using a spray pressure greater than 40 psi
(5)     Otherwise			Treated area		Application is complete		Treated area

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-12015, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-12015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-12015, filed 9/30/96, effective 11/1/96.]

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296-307-12020
Entry restrictions — Standards for workers — 40 C.F.R., § 170.112.

  (1) General restrictions.

     (a) After the application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide labeling has expired, except as provided in this section.

     (b) Entry-restricted areas in greenhouses are specified in column D in Table 2 under WAC 296-307-12015 (3)(d).

     (c) When two or more pesticides are applied at the same time, the restricted-entry interval shall be the longest of the applicable intervals.

     (d) The agricultural employer shall assure that any worker who enters a treated area under a restricted-entry interval as permitted by subsections (3), (4), and (5) of this section uses the personal protective equipment specified in the product labeling for early entry workers and follows any other requirements on the pesticide labeling regarding early entry.

     (2) Exception for activities with no contact. A worker may enter a treated area during a restricted-entry interval if the agricultural employer assures that both of the following are met:

     (a) The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants; and

     (b) No such entry is allowed until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling have been met.

     (3) Exception for short-term activities. A worker may enter a treated area during a restricted-entry interval for short-term activities if the agricultural employer assures that the following requirements are met:

     (a) No hand labor activity is performed.

     (b) The time in treated areas under a restricted-entry interval for any worker does not exceed one hour in any twenty-four-hour period.

     (c) No such entry is allowed for the first four hours following the end of the application, and no such entry is allowed thereafter until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling have been met.

     (d) The personal protective equipment specified on the product labeling for early entry is provided to the worker. Such personal protective equipment shall conform to the following standards:

     (i) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

     (ii) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities.

     (iii) When "chemical-resistant" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use.

     (iv) When "waterproof" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use.

     (v) When a "chemical-resistant suit" is specified by the product labeling, it shall be a loose-fitting, one-piece or two-piece, chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.

     (vi) When "coveralls" are specified by the product labeling, they shall be a loose-fitting, one-piece or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over a layer of clothing. If a chemical-resistant suit is substituted for coveralls, it need not be worn over a layer of clothing.

     (vii)(A) Gloves shall be of the type specified on the pesticide product labeling. Gloves made of leather, cotton, or other absorbent materials must not be worn for early-entry activities, unless gloves made of these materials are listed as acceptable for such use on the product labeling. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, leather gloves may be worn on top of chemical-resistant gloves. However, once leather gloves have been worn for this use, they shall not be worn thereafter for any other purpose, they shall only be worn over chemical-resistant gloves.

     (B) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling specifically prohibits their use. Separable glove liners are defined as separate glove-like hand coverings made of lightweight material, with or without fingers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with nonseparable absorbent lining materials are prohibited.

     (C) If used, separable glove liners must be discarded immediately after a total of no more than ten hours of use or within twenty-four hours of when first put on, whichever comes first. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners shall not be reused. Contaminated liners must be disposed of in accordance with any federal, state, or local regulations.

     (viii) When "chemical-resistant footwear" is specified by the product labeling, it shall be one of the following types of footwear: Chemical-resistant shoes, chemical-resistant boots, or chemical-resistant shoe coverings worn over shoes or boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable for workers, then leather boots may be worn in such terrain.

     (ix) When "protective eyewear" is specified by the product labeling, it shall be one of the following types of eyewear: Goggles; face shield; safety glasses with front, brow, and temple protection; or a full-face respirator.

     (x) When "chemical-resistant headgear" is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim.

     (e) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use.

     (f) The agricultural employer shall assure that:

     (i) Workers wear the personal protective equipment correctly for its intended purpose and use personal protective equipment according to manufacturer's instructions.

     (ii) Before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.

     (iii) Personal protective equipment that cannot be cleaned properly is disposed of in accordance with any applicable federal, state, and local regulations.

     (iv) All personal protective equipment is cleaned according to manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water.

     (v) Before being stored, all clean personal protective equipment is dried thoroughly or is put in a well-ventilated place to dry.

     (vi) Personal protective equipment contaminated with pesticides is kept separately and washed separately from any other clothing or laundry.

     (vii) Any person who cleans or launders personal protective equipment is informed that such equipment may be contaminated with pesticides, of the potentially harmful effects of exposure to pesticides, and of the correct way(s) to handle and clean personal protective equipment and to protect themselves when handling equipment contaminated with pesticides.

     (viii) All clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas.

     (ix) Each worker is instructed how to put on, use, and remove the personal protective equipment and is informed about the importance of washing thoroughly after removing personal protective equipment.

     (x) Each worker is instructed in the prevention, recognition, and first-aid treatment of heat-related illness.

Note:

Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1.

     (xi) Workers have a clean place(s) away from pesticide-storage and pesticide-use areas for storing personal clothing not in use; putting on personal protective equipment at the start of any exposure period; and removing personal protective equipment at the end of any exposure period.

     (g) When personal protective equipment is required by the labeling of any pesticide for early entry, the agricultural employer shall assure that no worker is allowed or directed to perform the early entry activity without implementing, when appropriate, measures to prevent heat-related illness.

Note:

Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1.

     (h) During any early entry activity, the agricultural employer shall provide a decontamination site in accordance with WAC 296-307-12050.

     (i) The agricultural employer shall not allow or direct any worker to wear home or to take home personal protective equipment contaminated with pesticides.

     (4) Declaration of an agricultural emergency.

     (a) The director of the Washington state department of agriculture may declare the existence of circumstances causing an agricultural emergency on a particular establishment or establishments.

     (b) The director may declare an agricultural emergency based on the reasonably expected certainty of circumstances occurring based on weather or other forecasts that would create conditions that would normally be anticipated to cause an agricultural emergency.

     (c) The agricultural employer may determine if the establishment under his/her control is subject to the agricultural emergency declared by the director.

     (d) Emergency repair of equipment that is in use and sited within a pesticide treated area under a restricted-entry interval, such as frost protection devices, shall be considered to be an agricultural emergency.

     (e) Activities that require immediate response such as fire suppression, relocation of greenhouse plants due to power failure, and similar conditions, shall be considered to be agricultural emergencies.

     (5) Agricultural activities permitted under an agricultural emergency.

     (a) A worker may enter a pesticide treated area under a restricted-entry interval in an agricultural emergency to perform tasks, including hand labor tasks, necessary to mitigate the effects of the agricultural emergency if the agricultural employer assures that all the following requirements are met:

     (i) No entry is permitted for the first four hours after the pesticide application or the minimum reentry interval allowed by EPA for that product, whichever is less;

     (ii) The personal protective equipment specified on the product labeling for early entry is provided to the worker;

     (iii) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use;

     (iv) The agricultural employer shall assure that the worker wears the proper PPE and that the PPE is in operable condition and that the worker has been trained in its proper use;

     (v) The agricultural employer shall assure that measures have been taken, when appropriate, to prevent heat-related illness;

Note:

Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1.

     (vi) A decontamination site has been provided in accordance with EPA regulations;

     (vii) The agricultural employer shall not allow or direct any worker to wear home or take home personal protective equipment contaminated with pesticides.

     (b) If the agricultural emergency is due to equipment failure, then the agricultural employer shall assure that all the requirements in subsection (1) of this section are met plus the following additional requirement. The only permitted activity until the restricted-entry interval has elapsed is equipment repair that would mitigate the effect of the equipment failure.

     (6) Recordkeeping required for agricultural emergencies.

     (a) If the employer declares that his/her establishment is affected by an agricultural emergency and that activities regulated by the worker protection standard have been performed, the employer shall keep the following records for seven years from the date of the agricultural emergency:

     (i) Date of the agricultural emergency;

     (ii) Time of the agricultural emergency, start and end;

     (iii) Reason for the agricultural emergency, such as frost, fire, equipment failure, etc.;

     (iv) Crop/site;

     (v) Pesticide(s) - name, EPA number, REI;

     (vi) Name, date, time of entry and exit of early entry person(s);

     (vii) Estimated potential of economic loss which would have occurred had no early entry been allowed.

     (b) Records shall be completed within twenty-four hours of the early entry exposure and be available to the department and/or department of health and/or medical facility or treating physician if requested by the above or the employee.

     (7) Exception to entry restrictions requiring EPA approval. EPA may in accordance with 40 C.F.R., Part 170.112(e) grant an exception from the requirements of this section. A request for an exception must be submitted to the Director, Office of Pesticide Programs (H-7501C), Environmental Protection Agency, 401 "M" Street SW, Washington, DC 20460 and must be accompanied by two copies of the information specified in 40 C.F.R., Part 170.112(e).



[Statutory Authority: RCW 49.17.050. 09-17-119, § 296-307-12020, filed 8/18/09, effective 10/1/09. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-12020, filed 3/18/09, effective 5/1/09. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-12020, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-12020, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12020, filed 9/30/96, effective 11/1/96.]

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296-307-12025
Notice of applications — Standards for workers — 40 C.F.R., § 170.120.

  (1) Notification to workers of pesticide applications in greenhouses. The agricultural employer shall notify workers of any pesticide application in the greenhouse in accordance with this subsection.

     (a) All pesticide applications shall be posted in accordance with subsection (3) of this section.

     (b) If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall also provide oral notification of the application to the worker in accordance with subsection (4) of this section.

     (c) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met:

     (i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through the greenhouse; or

     (ii) The worker applied (or supervised the application of) the pesticide for which the notice is intended and is aware of all information required by subsection (4)(a) through (c) of this section.

     (2) Notification to workers on farms, in nurseries, or in forests of pesticide applications. The agricultural employer shall notify workers of any pesticide application on the farm or in the nursery or forest in accordance with this subsection.

     (a) If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall post signs in accordance with subsection (3) of this section and shall provide oral notification of the application to the worker in accordance with subsection (4) of this section.

     (b) For any pesticide other than those for which the labeling requires both posting and oral notification of applications, the agricultural employer shall give notice of the application to the worker either by the posting of warning signs in accordance with subsection (3) of this section or orally in accordance with subsection (4) of this section, and shall inform the workers as to which method of notification is in effect.

     (c) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met:

     (i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through on foot the treated area or any area within one-quarter mile of the treated area; or

     (ii) The worker applied (or supervised the application of) the pesticide for which the notice is intended and is aware of all information required by subsection (4)(a) through (c) of this section.

     (3) Posted warning signs. The agricultural employer shall post warning signs in accordance with the following criteria:

     (a) The warning sign shall have a background color that contrasts with red. The words "DANGER" and "PELIGRO," plus "PESTICIDES" and "PESTICIDAS," shall be at the top of the sign, and the words "KEEP OUT" and "NO ENTRE" shall be at the bottom of the sign. Letters for all words must be clearly legible. A circle containing an upraised hand on the left and a stern face on the right must be near the center of the sign. The inside of the circle must be red, except that the hand and a large portion of the face must be in a shade that contrasts with red. The length of the hand must be at least twice the height of the smallest letters. The length of the face must be only slightly smaller than the hand. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the appearance of the sign or change the meaning of the required information. A black and white example of a warning sign meeting these requirements, other than the size requirements, follows:




     (b) The standard sign shall be at least fourteen inches by sixteen inches with letters at least one inch in height. Farms and forests shall use the standard size sign unless a smaller sign is necessary because the treated area is too small to accommodate a sign of this size. In nurseries and greenhouses, the agricultural employer may, at any time, use a sign smaller than the standard size sign. Whenever a small sign is used on any establishment, there are specific posting distances depending on the size of the lettering and symbol on the sign. If a sign is used with DANGER and PELIGRO in letters at least 7/8 inch in height and the remaining letters at least 1/2 inch and a red circle at least three inches in diameter containing an upraised hand and a stern face, the signs shall be no further than fifty feet apart. If a sign is used with DANGER and PELIGRO in letters at least 7/16 inch in height and the remaining letters at least 1/4 inch in height and a red circle at least 1 1/2 inches in diameter containing an upraised hand and stern face, the signs shall be no further than twenty-five feet apart. A sign with DANGER and PELIGRO in letters less than 7/16 inch in height or with any words in letters less than 1/4 inch in height, or a red circle smaller than 1 1/2 inches in diameter containing an upraised hand and a stern face will not satisfy the requirements of the rule. All signs must meet the requirements of (a) of this subsection.

     (c) The employer may replace the Spanish portion of the warning sign with a non-English language read by the largest group of workers who do not read English. The replacement sign must be in the same format as the original sign and must be visible and legible.

     (d) On farms and in forests and nurseries, the signs shall be visible from all usual points of worker entry to the treated area, including at least each access road, each border with any labor camp adjacent to the treated area, and each footpath and other walking route that enters the treated area. When there are no usual points of worker entry, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility.

     (e) In greenhouses, the signs shall be posted so they are visible from all usual points of worker entry to the treated area including each aisle or other walking route that enters the treated area. When there are no usual points of worker entry to the treated area, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility.

     (f) The signs shall:

     (i) Be posted no sooner than twenty-four hours before the scheduled application of the pesticide.

     (ii) Remain posted throughout the application and any restricted-entry interval.

     (iii) Be removed within three days after the end of the application and any restricted-entry interval and before agricultural-worker entry is permitted, other than entry permitted by WAC 296-307-12020.

     (g) The signs shall remain visible and legible during the time they are posted.

     (h) When several contiguous areas are to be treated with pesticides on a rotating or sequential basis, the entire area may be posted. Worker entry, other than entry permitted by WAC 296-307-12020, is prohibited for the entire area while the signs are posted.

     (4) Oral warnings. The agricultural employer shall provide oral warnings to workers in a manner that the worker can understand. If a worker will be on the premises during the application, the warning shall be given before the application takes place. Otherwise, the warning shall be given at the beginning of the worker's first work period during which the application is taking place or the restricted-entry interval for the pesticide is in effect. The warning shall consist of:

     (a) The location and description of the treated area.

     (b) The time during which entry is restricted.

     (c) Instructions not to enter the treated area until the restricted-entry interval has expired.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-12025, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-12025, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-12025, filed 9/30/96, effective 11/1/96.]

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296-307-12030
Providing specific information about applications — Standards for workers — 40 C.F.R., § 170.122.

  When workers are on an agricultural establishment and, within the last thirty days, a pesticide covered by this part has been applied on the establishment or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, specific information about the pesticide.

     (1) Location, accessibility, and legibility. The information shall be displayed in the location specified for the pesticide safety poster in WAC 296-307-12045(4) and shall be accessible and legible, as specified in WAC 296-307-12045 (4) and (6).

     (2) Timing.

     (a) If warning signs are posted for the treated area before an application, the specific application information for that application shall be posted at the same time or earlier.

     (b) The information shall be posted before the application takes place, if workers will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any worker's first work period.

     (c) The information shall continue to be displayed for at least thirty days after the end of the restricted-entry interval (or, if there is no restricted-entry interval, for at least thirty days after the end of the application) or at least until workers are no longer on the establishment, whichever is earlier.

     (3) Required information. The information shall include:

     (a) The location and description of the treated area.

     (b) The product name, EPA registration number, and active ingredient(s) of the pesticide.

     (c) The time and date the pesticide is to be applied.

     (d) The restricted-entry interval for the pesticide.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-12030, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-12030, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-12030, filed 9/30/96, effective 11/1/96.]

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296-307-12035
Notice of applications to handler employers — Standards for workers — 40 C.F.R., § 170.124.

  Whenever handlers who are employed by a commercial pesticide handling establishment will be performing pesticide handling tasks on an agricultural establishment, the agricultural employer shall provide to the handler employer, or assure that the handler employer is aware of, the following information concerning any areas on the agricultural establishment that the handler may be in (or may walk within one-quarter mile of) and that may be treated with a pesticide or that may be under a restricted-entry interval while the handler will be on the agricultural establishment:

     (1) Specific location and description of any such areas; and

     (2) Restrictions on entering those areas.



[97-09-013, recodified as § 296-307-12035, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-08, § 296-306A-12035, filed 9/30/96, effective 11/1/96.]

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296-307-12040
Pesticide safety training — Standards for workers — 40 C.F.R., § 170.130.

  (1) General requirement.

     (a) Agricultural employer assurance. The agricultural employer shall assure that each worker, required by this section to be trained, has been trained according to this section during the last five years, counting from the end of the month in which the training was completed.

Note:

In addition to the training required by this section, the agricultural employer shall assure without exception, that all employees are trained in accordance with WAC 296-307-550, Employer chemical hazard communication.

     (b) Requirement for workers performing early entry activities. Before a worker enters a treated area on the agricultural establishment during a restricted-entry interval to perform early entry activities permitted by WAC 296-307-12020 and contacts anything that has been treated with the pesticide to which the restricted-entry interval applies, including but not limited to, soil, water, or surfaces of plants, the agricultural employer shall assure that the worker has been trained.

     (c) Requirements for other agricultural workers.

     (i) Information before entry. Except as provided in (b) of this subsection, before a worker enters any areas on the agricultural establishment where, within the last thirty days a pesticide to which this part applies has been applied or the restricted-entry interval for such pesticide has been in effect, the agricultural employer shall assure that the worker has been provided the pesticide safety information specified in subsection (3) of this section, in a manner that agricultural workers can understand, such as by providing written materials or oral communication or by other means. The agricultural employer must be able to verify compliance with this requirement.

     (ii) Training before the start of a work period. The agricultural employer shall assure that a worker has been trained before the worker enters any areas on the agricultural establishment where, within the last thirty days a pesticide to which this chapter applies has been applied or a restricted-entry interval for such pesticide has been in effect, the agricultural employer shall assure that the worker has been trained.

     (2) Exceptions. The following persons need not be trained under this section:

     (a) A worker who is currently certified as an applicator of restricted-use pesticides under chapter 17.21 RCW.

     (b) A worker who satisfies the training requirements of chapter 17.21 RCW.

     (c) A worker who satisfies the handler training requirements of WAC 296-307-13025(3).

     (d) A worker who is certified or licensed as a crop advisor by the Washington state department of agriculture under RCW 15.58.230: Provided, That a requirement for such certification or licensing is pesticide safety training that includes all the information set out in WAC 296-307-13025 (3)(d).

     (3) Training programs.

     (a) General pesticide safety information shall be presented to workers either orally from written materials or audiovisually. The information must be presented in a manner that the workers can understand (such as through a translator) using nontechnical terms. The presenter also shall respond to workers' questions.

     (b) The person who conducts the training shall meet at least one of the following criteria:

     (i) Be currently certified as an applicator of restricted-use pesticides under chapter 17.21 RCW; or

     (ii) Be currently designated as a trainer of certified applicators or pesticide handlers by the Washington state department of agriculture in accordance with chapters 15.58 and 17.21 RCW; or

     (iii) Have completed a pesticide safety train-the-trainer program approved by the Washington state department of agriculture in accordance with chapters 15.58 and 17.21 RCW; or

     (iv) Satisfy the training requirements in WAC 296-307-13025(3).

     (c) Any person who issues a Washington state department of agriculture-approved Worker Protection Standard worker training card must assure that the worker who receives the training card has been trained in accordance with subsection (4)(d) of this section.

     (d) The training materials shall convey, at a minimum, the following information:

     (i) Where and in what form pesticides may be encountered during work activities.

     (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization.

     (iii) Routes through which pesticides can enter the body, including information on wearing work clothing that protects the body from pesticide residues.

     (iv) Signs and symptoms of common types of pesticide poisoning.

     (v) Emergency first aid for pesticide injuries or poisonings.

     (vi) How to obtain emergency medical care.

     (vii) Routine and emergency decontamination procedures, including preventing pesticides from entering the body by:

     ▪ Emergency eyeflushing techniques;

     ▪ Washing work clothes separately from other clothes before wearing them again;

     ▪ Washing before eating, drinking, using chewing gum or tobacco, or using the toilet;

     ▪ Washing/showering with soap and water, shampooing hair, and putting on clean clothes after work; and

     ▪ Washing immediately in the nearest clean water if pesticides are spilled on the body. As soon as possible shower, shampoo, and change into clean clothes.

     (viii) Hazards from chemigation and drift.

     (ix) Hazards from pesticide residues on clothing.

     (x) Warnings about taking pesticides or pesticide containers home.

     (xi) Requirements of this part designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including application and entry restrictions, the design of the warning sign, posting of warning signs, oral warnings, the availability of specific information about applications, and the protection against retaliatory acts.

     (4) Verification of training.

     (a) Except as provided in subsection (4)(b) of this section, if the agricultural employer assures that a worker possesses a Washington state department of agriculture-approved Worker Protection Standard worker training card, then the requirements of subsection (1) of this section will have been met.

     (b) If the agricultural employer is aware or has reason to know that a Washington state department of agriculture-approved Worker Protection Standard worker training card has not been issued in accordance with this section, or has not been issued to the worker bearing the card, or the training was completed more than five years before the beginning of the current month, a worker's possession of that certificate does not meet the requirements of subsection (1) of this section.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 . 01-17-033, § 296-307-12040, filed 8/8/01, effective 9/1/01. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-12040, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-12040, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12040, filed 9/30/96, effective 11/1/96.]

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296-307-12045
Posted pesticide safety information — Standards for workers — 40 C.F.R., § 170.135.

  (1) Requirement. When workers are on an agricultural establishment and, within the last thirty days, a pesticide covered by this part has been applied on the establishment or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, pesticide safety information.

     (2) Pesticide safety poster. A safety poster must be displayed that conveys, at a minimum, the following basic pesticide safety concepts:

     (a) Help keep pesticides from entering your body. At a minimum, the following points shall be conveyed:

     (i) Avoid getting on your skin or into your body any pesticides that may be on plants and soil, in irrigation water, or drifting from nearby applications.

     (ii) Wash before eating, drinking, using chewing gum or tobacco, or using the toilet.

     (iii) Wear work clothing that protects the body from pesticide residues (long-sleeved shirts, long pants, shoes and socks, and a hat or scarf).

     (iv) Wash/shower with soap and water, shampoo hair, and put on clean clothes after work.

     (v) Wash work clothes separately from other clothes before wearing them again.

     (vi) Wash immediately in the nearest clean water if pesticides are spilled or sprayed on the body. As soon as possible, shower, shampoo, and change into clean clothes.

     (vii) Follow directions about keeping out of treated or restricted areas.

     (b) There are federal rules to protect workers and handlers, including a requirement for safety training.

     (3) Emergency medical care information.

     (a) The name, address, and telephone number of the nearest emergency medical care facility shall be on the safety poster or displayed close to the safety poster.

     (b) The agricultural employer shall inform workers promptly of any change to the information on emergency medical care facilities.

     (4) Location.

     (a) The information shall be displayed in a central location on the farm or in the nursery or greenhouse where it can be readily seen and read by workers.

     (b) The information shall be displayed in a location in or near the forest in a place where it can be readily seen and read by workers and where workers are likely to congregate or pass by, such as at a decontamination site or an equipment storage site.

     (5) Accessibility. Workers shall be informed of the location of the information and shall be allowed access to it.

     (6) Legibility. The information shall remain legible during the time it is posted.



[97-09-013, recodified as § 296-307-12045, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12045, filed 9/30/96, effective 11/1/96.]

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296-307-12050
Decontamination — Standards for workers — 40 C.F.R., § 170.150.

  (1) Requirements. The agricultural employer must provide decontamination supplies for workers in accordance with this section whenever:

     (a) Any worker on the agricultural establishment is performing an activity in the area where a pesticide was applied or a restricted-entry interval (REI) was in effect within the last thirty days; and

     (b) The worker contacts anything that has been treated with the pesticide including but not limited to soil, water, plants, plant surfaces, and plant parts;

     (c) Exception. The thirty-day time period established in (a) of this subsection shall not apply if the only pesticides used in the treated area are products with an REI of four hours or less on the label (but not a product without an REI on the label). When workers are in such treated areas, the agricultural employer shall provide decontamination supplies for not less than seven days following the expiration of any applicable REI.

     (2) General conditions.

     (a) The agricultural employer shall provide workers with adequate water for routine washing and emergency eyeflushing. At all times when the water is available to workers, the employer shall assure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed.

     (b) When water stored in a tank is to be used for mixing pesticides, it shall not be used for decontamination or eyeflushing, unless the tank is equipped with properly functioning valves or other mechanisms that prevent movement of pesticides into the tank.

     (c) The agricultural employer shall provide soap and single-use towels in quantities sufficient to meet workers' needs.

     (d) To provide for emergency eyeflushing, the agricultural employer shall assure that at least one pint of water is immediately available to each worker who is performing early entry activities permitted by WAC 296-307-12020 and for which the pesticide labeling requires protective eyewear. The eyeflush water shall be carried by the early entry worker, or shall be on the vehicle the early entry worker is using, or shall be otherwise immediately accessible.

     (3) Location.

     (a) The decontamination supplies shall be located together and shall be reasonably accessible to and not more than one-quarter mile from where workers are working.

     (b) For worker activities performed more than one-quarter mile from the nearest place of vehicular access:

     (i) The soap, single-use towels, and water may be at the nearest place of vehicular access.

     (ii) The agricultural employer may permit workers to use clean water from springs, streams, lakes, or other sources for decontamination at the remote work site, if such water is more accessible than the water located at the nearest place of vehicular access.

     (c) The decontamination supplies shall not be in an area being treated with pesticides.

     (d) The decontamination supplies shall not be maintained in an area that is under a restricted-entry interval, unless the workers for whom the decontamination supplies are provided are performing early entry activities permitted by WAC 296-307-12020 and involving contact with treated surfaces and the decontamination supplies would otherwise not be reasonably accessible to those workers.

     (4) Decontamination after early entry activities. At the end of any exposure period for workers engaged in early entry activities permitted by WAC 296-307-12020 and involving contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants, the agricultural employer shall provide, at the site where the workers remove personal protective equipment, soap, clean towels, and a adequate amount of water so that the workers may wash thoroughly. At least ten gallons of water for one employee and twenty gallons of water for two or more employees shall be provided at early entry sites that do not have running water.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-12050, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-12050, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-12050, filed 9/30/96, effective 11/1/96.]

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296-307-12055
Emergency assistance — Standards for workers — 40 C.F.R., § 170.160.

  If there is reason to believe that a person who is or has been employed on an agricultural establishment to perform tasks related to the production of agricultural plants has been poisoned or injured by exposure to pesticides used on the agricultural establishment, including, but not limited to, exposures from application, splash, spill, drift, or pesticide residues, the agricultural employer shall:

     (1) Make available to that person prompt transportation from the agricultural establishment, including any labor camp on the agricultural establishment, to an appropriate emergency medical facility.

     (2) Provide to that person or to treating medical personnel, promptly upon request, any obtainable information on:

     (a) Product name, EPA registration number, and active ingredients of any product to which that person might have been exposed.

     (b) Antidote, first-aid, and other medical information from the product labeling.

     (c) The circumstances of application or use of the pesticide on the agricultural establishment.

     (d) The circumstances of exposure of that person to the pesticide.



[97-09-013, recodified as § 296-307-12055, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12055, filed 9/30/96, effective 11/1/96.]

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296-307-130
Applicability of this section — Standards for pesticide handlers — 40 C.F.R., § 170.202.

  (1) Requirement. Except as provided by subsection (2) of this section, WAC 296-307-130 applies when any pesticide is handled for use on an agricultural establishment.

     (2) Exceptions. WAC 296-307-130 does not apply when any pesticide is handled for use on an agricultural establishment in the following circumstances:

     (a) For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities.

     (b) On livestock or other animals, or in or about animal premises.

     (c) On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses.

     (d) On plants that are in ornamental gardens, parks, and public or private lawns and grounds and that are intended only for aesthetic purposes or climatic modification.

     (e) In a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights of way and in other noncrop areas, and pasture and rangeland use.

     (f) For control of vertebrate pests.

     (g) As attractants or repellents in traps.

     (h) On the harvested portions of agricultural plants or on harvested timber.

     (i) For research uses of unregistered pesticides.

     (j) Exemptions. Except as provided by WAC 296-307-130 and 296-307-13005, WAC 296-307-130 applies when a pesticide is handled for an agricultural establishment.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-130, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-130, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-130, filed 9/30/96, effective 11/1/96.]

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296-307-13005
Exemptions — Standards for handlers — 40 C.F.R., § 170.204.

  The handlers listed in this section are exempt from the specified provisions of this part.

     (1) Owners of agricultural establishments.

     (a) The owner of an agricultural establishment is not required to provide to himself or members of his immediate family who are performing handling tasks on their own agricultural establishment the protections of:

     (i) WAC 296-307-13010 (2) and (3).

     (ii) WAC 296-307-13015.

     (iii) WAC 296-307-13025.

     (iv) WAC 296-307-13030.

     (v) WAC 296-307-13035.

     (vi) WAC 296-307-13040.

     (vii) WAC 296-307-13045 (5) through (7).

     (viii) WAC 296-307-13050.

     (ix) WAC 296-307-13055.

     (b) The owner of the agricultural establishment must provide the protections listed in subsection (1)(a)(i) through (ix) of this section to other handlers and other persons who are not members of his immediate family.

     (2) Crop advisors.

     (a) Provided that the conditions of (b) of this subsection are met, a person who is certified or licensed as a crop advisor by the Washington state department of agriculture under RCW 15.58.230, and persons performing crop advising tasks under such qualified crop advisor's direct supervision, are exempt from the provisions of:

     (i) WAC 296-307-13030.

     (ii) WAC 296-307-13045.

     (iii) WAC 296-307-13050.

     (iv) WAC 296-307-13055.

     A person is under the direct supervision of a crop advisor when the crop advisor exerts the supervisory controls set out in (b)(iv) and (v) of this subsection. Direct supervision does not require that the crop advisor be physically present at all times, but the crop advisor must be readily accessible to the employees at all times.

     (b) Conditions of exemption.

     (i) The certification or licensing program requires pesticide safety training that includes, at least, all the information in WAC 296-307-13025 (3)(d).

     (ii) No entry into the treated area occurs until after application ends.

     (iii) Applies only when performing crop advising tasks in the treated area.

     (iv) The crop advisor must make specific determinations regarding the appropriate PPE, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands.

     (v) Before entering a treated area, the certified or licensed crop advisor must inform, through an established practice of communication, each person under his direct supervision of the pesticide products and active ingredient(s) applied, method of application, time of application, the restricted-entry interval, which tasks to undertake, and how to contact the crop advisor.

     (c) Applies only when the persons are performing crop advising tasks in the treated area.

     (d) The crop advisor must make specific determinations regarding the appropriate PPE, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-13005, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-13005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-13005, filed 9/30/96, effective 11/1/96.]

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296-307-13010
Restrictions during applications — Standards for pesticide handlers — 40 C.F.R., § 170.210.

  (1) Contact with workers and other persons. The handler employer and the handler shall assure that no pesticide is applied so as to contact, either directly or through drift, any worker or other person, other than an appropriately trained and equipped handler.

     (2) Handlers handling highly toxic pesticides. The handler employer shall assure that any handler who is performing any handling activity with a product that has the skull and crossbones symbol on the front panel of the label is monitored visually or by voice communication at least every two hours.

     (3) Fumigant applications in greenhouses. The handler employer shall assure:

     (a) That any handler who handles a fumigant in a greenhouse, including a handler who enters the greenhouse before the acceptable inhalation exposure level or ventilation criteria have been met to monitor air levels or to initiate ventilation, maintains continuous visual or voice contact with another handler.

     (b) That the other handler has immediate access to the personal protective equipment required by the fumigant labeling for handlers in the event entry into the fumigated greenhouse becomes necessary for rescue.



[97-09-013, recodified as § 296-307-13010, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13010, filed 9/30/96, effective 11/1/96.]

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296-307-13015
Providing specific information about applications — Standards for pesticide handlers — 40 C.F.R., § 170.222.

  When handlers (except those employed by a commercial pesticide handling establishment) are on an agricultural establishment and, within the last thirty days, a pesticide covered by this part has been applied on the establishment or a restricted-entry interval has been in effect, the handler employer shall display, in accordance with this section, specific information about the pesticide.

     (1) Location, accessibility, and legibility. The information shall be displayed in the same location specified for the pesticide safety poster in WAC 296-307-13040(4) and shall be accessible and legible, as specified in WAC 296-307-13040 (5) and (6).

     (2) Timing.

     (a) If warning signs are posted for the treated area before an application, the specific application information for that application shall be posted at the same time or earlier.

     (b) The information shall be posted before the application takes place, if handlers (except those employed by a commercial pesticide handling establishment) will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any such handler's first work period.

     (c) The information shall continue to be displayed for at least thirty days after the end of the restricted-entry interval (or, if there is no restricted-entry interval, for at least thirty days after the end of the application) or at least until the handlers are no longer on the establishment, whichever is earlier.

     (3) Required information. The information shall include:

     (a) The location and description of the treated area.

     (b) The product name, EPA registration number, and active ingredient(s) of the pesticide.

     (c) The time and date the pesticide is to be applied.

     (d) The restricted-entry interval for the pesticide.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-13015, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-13015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-20-082, § 296-306A-13015, filed 9/30/96, effective 11/1/96.]

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296-307-13020
Notice of applications to agricultural employers — Standards for pesticide handlers — 40 C.F.R., § 170.224.

  Before the application of any pesticide on or in an agricultural establishment, the handler employer shall provide the following information to any agricultural employer for the establishment or shall assure that any agricultural employer is aware of:

     (1) Specific location and description of the treated area.

     (2) Time and date of application.

     (3) Product name, EPA registration number, and active ingredient(s).

     (4) Restricted-entry interval.

     (5) Whether posting and oral notification are required.

     (6) Any other product-specific requirements on the product labeling concerning protection of workers or other persons during or after application.



[97-09-013, recodified as § 296-307-13020, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13020, filed 9/30/96, effective 11/1/96.]

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296-307-13025
Pesticide safety training — Standards for pesticide handlers — 40 C.F.R., § 170.230.

  (1) Requirement. Before any handler performs any handling task, the handler employer shall assure that the handler has been trained in accordance with this section during the last five years, counting from the end of the month in which the training was completed.

Note:

In addition to the training required by this section, the agricultural employer shall assure, without exception, that all employees are trained in accordance with WAC 296-307-550, Employer chemical hazard communication.

     (2) Exceptions. The following persons need not be trained under this section:

     (a) A handler who is currently certified as an applicator of restricted-use pesticides under chapter 17.21 RCW.

     (b) A handler who is certified or licensed as a crop advisor by the Washington state department of agriculture under RCW 15.58.230: Provided, That a requirement for such certification or licensing is pesticide safety training that includes all the information set out in WAC 296-307-13025 (3)(d).

     (3) Training programs.

     (a) General pesticide safety information shall be presented to handlers either orally from written materials or audiovisually. The information must be presented in a manner that the handlers can understand (such as through a translator). The presenter also shall respond to handlers' questions.

     (b) The person who conducts the training shall meet at least one of the following criteria:

     (i) Be currently certified as an applicator of restricted-use pesticides under chapter 17.21 RCW; or

     (ii) Be currently designated as a trainer of certified applicators or pesticide handlers by the Washington state department of agriculture under chapters 15.58 or 17.21 RCW; or

     (iii) Have completed a pesticide safety train-the-trainer program approved by a state, federal, or tribal agency having jurisdiction.

     (c) Any person who issues a Washington state department of agriculture-approved worker protection standard handler training card must assure that the handler who receives the training card has been trained in accordance with (d) of this subsection.

     (d) The pesticide safety training materials must convey, at a minimum, the following information:

     (i) Format and meaning of information contained on pesticide labels and in labeling, including safety information such as precautionary statements about human health hazards.

     (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization.

     (iii) Routes by which pesticides can enter the body.

     (iv) Signs and symptoms of common types of pesticide poisoning.

     (v) Emergency first aid for pesticide injuries or poisonings.

     (vi) How to obtain emergency medical care.

     (vii) Routine and emergency decontamination procedures.

     (viii) Need for and appropriate use of personal protective equipment.

     (ix) Prevention, recognition, and first-aid treatment of heat-related illness.

     (x) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup.

     (xi) Environmental concerns such as drift, runoff, and wildlife hazards.

     (xii) Warnings about taking pesticides or pesticide containers home.

     (xiii) Requirements of this part that must be followed by handler employers for the protection of handlers and other persons, including the prohibition against applying pesticides in a manner that will cause contact with workers or other persons, the requirement to use personal protective equipment, the provisions for training and decontamination, and the protection against retaliatory acts.

     (4) Verification of training.

     (a) Except as provided in (b) of this subsection, if the handler employer assures that a handler possesses a Washington state department of agriculture-approved worker protection standard handler training card, then the requirements of subsection (1) of this section will have been met.

     (b) If the handler employer is aware or has reason to know that a Washington state department of agriculture-approved worker protection standard handler training card has not been issued in accordance with this section, or has not been issued to the handler bearing the card, or the handler training was completed more than five years before the beginning of the current month, a handler's possession of that card does not meet the requirements of subsection (1) of this section.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 . 01-17-033, § 296-307-13025, filed 8/8/01, effective 9/1/01. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-13025, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-13025, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13025, filed 9/30/96, effective 11/1/96.]

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296-307-13030
Knowledge of labeling and site-specific information — Standards for pesticide handlers — 40 C.F.R., § 170.232.

  (1) Knowledge of labeling information.

     (a) The handler employer shall assure that before the handler performs any handling activity, the handler either has read the product labeling or has been informed in a manner the handler can understand of all labeling requirements related to safe use of the pesticide, such as signal words, human hazard precautions, personal protective equipment requirements, first-aid instructions, environmental precautions, and any additional precautions pertaining to the handling activity to be performed.

     (b) The handler employer shall assure that the handler has access to the product labeling information during handling activities.

     (2) Knowledge of site-specific information. Whenever a handler who is employed by a commercial pesticide handling establishment will be performing pesticide handling tasks on an agricultural establishment, the handler employer shall assure that the handler is aware of the following information concerning any areas on the agricultural establishment that the handler may be in (or may walk within one-quarter mile of) and that may be treated with a pesticide or that may be under a restricted-entry interval while the handler will be on the agricultural establishment:

     (a) Specific location and description of any such areas; and

     (b) Restrictions on entering those areas.



[97-09-013, recodified as § 296-307-13030, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13030, filed 9/30/96, effective 11/1/96.]

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296-307-13035
Safe operation of equipment — Standards for pesticide handlers — 40 C.F.R., § 170.234.

  (1) The handler employer shall assure that before the handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment, including, when relevant, chemigation safety requirements and drift avoidance.

     (2) The handler employer shall assure that, before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or is replaced.

     (3) Before allowing any person to repair, clean, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the handler employer shall assure that pesticide residues have been removed from the equipment, unless the person doing the cleaning, repairing, or adjusting is a handler employed by the agricultural or commercial pesticide handling establishment. If pesticide residue removal is not feasible, the handler employer shall assure that the person who repairs, cleans, or adjusts such equipment is informed:

     (a) That such equipment may be contaminated with pesticides.

     (b) Of the potentially harmful effects of exposure to pesticides.

     (c) Of the correct way to handle such equipment.



[97-09-013, recodified as § 296-307-13035, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13035, filed 9/30/96, effective 11/1/96.]

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296-307-13040
Posted pesticide safety information — Standards for pesticide handlers — 40 C.F.R., § 170.235.

  (1) Requirement. When handlers (except those employed by a commercial pesticide handling establishment) are on an agricultural establishment and, within the last thirty days, a pesticide covered by this part has been applied on the establishment or a restricted-entry interval has been in effect, the handler employer shall display, in accordance with this section, pesticide safety information.

     (2) Pesticide safety poster. A safety poster must be displayed that conveys, at a minimum, the following basic pesticide safety concepts:

     (a) Help keep pesticides from entering your body. At a minimum, the following points shall be conveyed:

     (i) Avoid getting on your skin or into your body any pesticides that may be on plants and soil, in irrigation water, or drifting from nearby applications.

     (ii) Wash before eating, drinking, using chewing gum or tobacco, or using the toilet.

     (iii) Wear work clothing that protects the body from pesticide residues (long-sleeved shirts, long pants, shoes and socks, and a hat or scarf).

     (iv) Wash/shower with soap and water, shampoo hair, and put on clean clothes after work.

     (v) Wash work clothes separately from other clothes before wearing them again.

     (vi) Wash immediately in the nearest clean water if pesticides are spilled or sprayed on the body. As soon as possible, shower, shampoo, and change into clean clothes.

     (vii) Follow directions about keeping out of treated or restricted areas.

     (b) There are federal rules to protect workers and handlers including a requirement for safety training.

     (3) Emergency medical care information.

     (a) The name, address, and telephone number of the nearest emergency medical care facility shall be on the safety poster or displayed close to the safety poster.

     (b) The handler employer shall inform handlers promptly of any change to the information on emergency medical care facilities.

     (4) Location.

     (a) The information shall be displayed in a central location on the farm or in the nursery or greenhouse where it can be readily seen and read by handlers.

     (b) The information shall be displayed in a location in or near the forest in a place where it can be readily seen and read by handlers and where handlers are likely to congregate or pass by, such as at a decontamination site or an equipment storage site.

     (5) Accessibility. Handlers shall be informed of the location of the information and shall be allowed access to it.

     (6) Legibility. The information shall remain legible during the time it is posted.



[97-09-013, recodified as § 296-307-13040, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13040, filed 9/30/96, effective 11/1/96.]

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296-307-13045
Personal protective equipment — Standards for pesticide handlers — 40 C.F.R., § 170.240.

  (1) Requirement. Any person who performs tasks as a pesticide handler shall use the clothing and personal protective equipment specified on the labeling for use of the product.

     (2) Definition.

     (a) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

     (b) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities.

     (3) Provision. When personal protective equipment is specified by the labeling of any pesticide for any handling activity, the handler employer shall provide the appropriate personal protective equipment in clean and operating condition to the handler.

     (a) When "chemical-resistant" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use.

     (b) When "waterproof" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use.

     (c) When a "chemical-resistant suit" is specified by the product labeling, it shall be a loose-fitting, one-piece or two-piece chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.

     (d) When "coveralls" are specified by the product labeling, they shall be a loose-fitting, one-piece or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over another layer of clothing.

     (e)(i) Gloves shall be of the type specified on the pesticide product labeling. Gloves made of leather, cotton, or other absorbent material shall not be worn while mixing, loading, applying, or otherwise handling pesticides, unless gloves made of these materials are listed as acceptable for such use on the product labeling.

     (ii) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling specifically prohibits their use. Separable glove liners are defined as separate glove-like hand coverings, made of lightweight material, with or without fingers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with nonseparable absorbent lining materials are prohibited.

     (iii) If used, separable glove liners must be discarded immediately after a total of no more than ten hours of use or within twenty-four hours of when first put on, whichever comes first. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners shall not be reused. Contaminated liners must be disposed of in accordance with any federal, state, or local regulations.

     (f) When "chemical-resistant footwear" is specified by the product labeling, one of the following types of footwear must be worn:

     (i) Chemical-resistant shoes.

     (ii) Chemical-resistant boots.

     (iii) Chemical-resistant shoe coverings worn over shoes or boots.

     (g) When "protective eyewear" is specified by the product labeling, one of the following types of eyewear must be worn:

     (i) Goggles.

     (ii) Face shield.

     (iii) Safety glasses with front, brow, and temple protection.

     (iv) Full-face respirator.

     (h) When a "chemical-resistant apron" is specified by the product labeling, an apron that covers the front of the body from mid-chest to the knees shall be worn.

     (i) When a respirator is specified by the product labeling, it shall be appropriate for the pesticide product used and for the activity to be performed. The handler employer shall assure that the respirator fits correctly by using the procedures consistent with chapter 296-307 WAC, Part Y-5. If the label does not specify the type of respirator to be used, it shall meet the requirements of chapter 296-307 WAC, Part Y-5. The respiratory protection requirements of chapter 296-307 WAC, Part Y-5, shall apply.

     (j) When "chemical-resistant headgear" is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim.

     (4) Exceptions to personal protective equipment specified on product labeling.

     (a) Body protection.

     (i) A chemical-resistant suit may be substituted for "coveralls," and any requirement for an additional layer of clothing beneath is waived.

     (ii) A chemical-resistant suit may be substituted for "coveralls" and a chemical-resistant apron.

     (b) Boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable, then leather boots may be worn in such terrain.

     (c) Gloves. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, then during handling activities with roses or other plants with sharp thorns, leather gloves may be worn over chemical-resistant glove liners. However, once leather gloves are worn for this use, thereafter they shall be worn only with chemical-resistant liners and they shall not be worn for any other use.

     (d) Closed systems. If handling tasks are performed using properly functioning systems that enclose the pesticide to prevent it from contacting handlers or other persons, and if such systems are used and are maintained in accordance with that manufacturer's written operating instructions, exceptions to labeling-specified personal protective equipment for the handling activity are permitted as provided in (d)(i) and (ii) of this subsection.

     (i) Persons using a closed system to mix or load pesticides with a signal word of DANGER or WARNING may substitute a long-sleeved shirt, long pants, shoes, socks, chemical-resistant apron, and any protective gloves specified on the labeling for handlers for the labeling-specified personal protective equipment.

     (ii) Persons using a closed system to mix or load pesticides other than those in (d)(i) of this subsection or to perform other handling tasks may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment.

     (iii) Persons using a closed system that operates under pressure shall wear protective eyewear.

     (iv) Persons using a closed system shall have all labeling-specified personal protective equipment immediately available for use in an emergency.

     (e) Enclosed cabs. If handling tasks are performed from inside a cab that has a nonporous barrier which totally surrounds the occupants of the cab and prevents contact with pesticides outside of the cab, exceptions to personal protective equipment specified on the product labeling for that handling activity are permitted as provided in (e)(i) through (iv) of this subsection.

     (i) Persons occupying an enclosed cab may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If a respiratory protection device is specified on the pesticide product labeling for the handling activity, it must be worn.

     (ii) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer and by the Washington state department of labor and industries to provide respiratory protection equivalent to or greater than a dust/mist filtering respirator may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If a respiratory protection device other than a dust/mist-filtering respirator is specified on the pesticide product labeling, it must be worn.

     (iii) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer and by the Washington state department of labor and industries to provide respiratory protection equivalent to or greater than the vapor-removing or gas-removing respirator specified on pesticide product labeling may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If an air-supplying respirator or a self-contained breathing apparatus (SCBA) is specified on the pesticide product labeling, it must be worn.

     (iv) Persons occupying an enclosed cab shall have all labeling-specified personal protective equipment immediately available and stored in a chemical-resistant container, such as a plastic bag. They shall wear such personal protective equipment if it is necessary to exit the cab and contact pesticide-treated surfaces in the treated area. Once personal protective equipment is worn in the treated area, it must be removed before reentering the cab.

     (f) Aerial applications.

     (i) Use of gloves. The wearing of chemical-resistant gloves when entering or leaving an aircraft used to apply pesticides is optional, unless such gloves are required on the pesticide product labeling. If gloves are brought into the cockpit of an aircraft that has been used to apply pesticides, the gloves shall be kept in an enclosed container to prevent contamination of the inside of the cockpit.

     (ii) Open cockpit. Persons occupying an open cockpit shall use the personal protective equipment specified in the product labeling for use during application, except that chemical-resistant footwear need not be worn. A helmet may be substituted for chemical-resistant headgear. A visor may be substituted for protective eyewear.

     (iii) Enclosed cockpit. Persons occupying an enclosed cockpit may substitute a long-sleeved shirt, long pants, shoes, and socks for labeling-specified personal protective equipment.

     (g) Crop advisors. Crop advisors entering treated areas while a restricted-entry interval is in effect may wear the personal protective equipment specified on the pesticide labeling for early entry activities instead of the personal protective equipment specified on the pesticide labeling for handling activities, provided:

     (i) Application has been completed for at least four hours.

     (ii) Any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling have been met.

     (5) Use of personal protective equipment.

     (a) The handler employer shall assure that personal protective equipment is used correctly for its intended purpose and is used according to the manufacturer's instructions.

     (b) The handler employer shall assure that, before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.

     (6) Cleaning and maintenance.

     (a) The handler employer shall assure that all personal protective equipment is cleaned according to the manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water.

     (b) If any personal protective equipment cannot be cleaned properly, the handler employer shall dispose of the personal protective equipment in accordance with any applicable federal, state, and local regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with an undiluted pesticide that has the signal word DANGER or WARNING on the label shall be not be reused.

     (c) The handler employer shall assure that contaminated personal protective equipment is kept separately and washed separately from any other clothing or laundry.

     (d) The handler employer shall assure that all clean personal protective equipment shall be either dried thoroughly before being stored or shall be put in a well ventilated place to dry.

     (e) The handler employer shall assure that all personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas.

     (f) The handler employer shall assure that when dust/mist filtering respirators are used, the filters shall be replaced:

     (i) When breathing resistance becomes excessive.

     (ii) When the filter element has physical damage or tears.

     (iii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent.

     (iv) In the absence of any other instructions or indications of service life, at the end of each day's work period.

     (g) The handler employer shall assure that when gas-removing or vapor-removing respirators are used, the gas-removing or vapor-removing canisters or cartridges shall be replaced:

     (i) At the first indication of odor, taste, or irritation.

     (ii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent.

     (iii) In the absence of any other instructions or indications of service life, at the end of each day's work period.

     (h) The handler employer shall inform any person who cleans or launders personal protective equipment:

     (i) That such equipment may be contaminated with pesticides.

     (ii) Of the potentially harmful effects of exposure to pesticides.

     (iii) Of the correct way(s) to clean personal protective equipment and to protect themselves when handling such equipment.

     (i) The handler employer shall assure that handlers have a clean place(s) away from pesticide storage and pesticide use areas where they may:

     (i) Store personal clothing not in use.

     (ii) Put on personal protective equipment at the start of any exposure period.

     (iii) Remove personal protective equipment at the end of any exposure period.

     (j) The handler employer shall not allow or direct any handler to wear home or to take home personal protective equipment contaminated with pesticides.

     (7) Heat-related illness. When the use of personal protective equipment is specified by the labeling of any pesticide for the handling activity, the handler employer shall assure that no handler is allowed or directed to perform the handling activity unless appropriate measures are taken, if necessary, to prevent heat-related illness.

Note:

Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1.

[Statutory Authority: RCW 49.17.050. 09-17-119, § 296-307-13045, filed 8/18/09, effective 10/1/09. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 09-07-098, § 296-307-13045, filed 3/18/09, effective 5/1/09; 05-01-166, § 296-307-13045, filed 12/21/04, effective 4/2/05. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-13045, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-13045, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13045, filed 9/30/96, effective 11/1/96.]

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296-307-13050
Decontamination — Standards for pesticide handlers — 40 C.F.R., § 170.250.

  (1) Requirement. During any handling activity, the handler employer shall provide for handlers, in accordance with this section, decontamination supplies for washing off pesticides and pesticide residues.

     (2) General conditions.

     (a) The handler employer shall provide handlers with enough water for routine washing, for emergency eyeflushing, and for washing the entire body in case of an emergency. At all times when the water is available to handlers, the handler employer shall assure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. At least ten gallons of water for one employee and twenty gallons of water for two or more employees shall be provided at mixing and loading sites that do not have running water.

     (b) When water stored in a tank is to be used for mixing pesticides, it shall not be used for decontamination or eyeflushing, unless the tank is equipped with properly functioning valves or other mechanisms that prevent movement of pesticides into the tank.

     (c) The handler employer shall provide soap and single-use towels in quantities sufficient to meet handlers' needs.

     (d) The handler employer shall provide one clean change of clothing, such as coveralls for use in an emergency.

     (3) Location. The decontamination supplies shall be located together and reasonably accessible to and not more than one-quarter mile from each handler during the handling activity.

     (a) Exception for mixing sites. For mixing activities, the decontamination supplies shall be at the mixing site.

     (b) Exception for pilots. The decontamination supplies for a pilot who is applying pesticides aerially shall be in the airplane or at the aircraft loading site.

     (c) Exception for handling pesticides in remote areas. When handling activities are performed more than one-quarter mile from the nearest place of vehicular access:

     (i) The soap, single-use towels, clean change of clothing, and water may be at the nearest place of vehicular access.

     (ii) The handler employer may permit handlers to use clean water from springs, streams, lakes, or other sources for decontamination at the remote work site, if such water is more accessible than the water with the decontamination supplies located at the nearest place of vehicular access.

     (d) Decontamination supplies in treated areas. The decontamination supplies shall not be in an area being treated with pesticides or in an area under a restricted-entry interval, unless:

     (i) The decontamination supplies are in the area where the handler is performing handling activities;

     (ii) The soap, single-use towels, and clean change of clothing are in enclosed containers; and

     (iii) The water is running tap water or is enclosed in a container.

     (4) Emergency eyeflushing. To provide for emergency eyeflushing, the handler employer shall assure that at least one pint of water is immediately available to each handler who is performing tasks for which the pesticide labeling requires protective eyewear. The eyeflush water shall be carried by the handler, or shall be on the vehicle or aircraft the handler is using, or shall be otherwise immediately accessible.

     (5) A plumbed or portable emergency eyewash capable of delivering at least 1.5 liters (0.4 gals.) of water per minute for fifteen minutes shall be provided at all pesticide mixing and loading stations or handler decontamination sites when the label requires protective eyewear for mixing, loading or applying. A plumbed or portable system meeting the above requirements shall be provided at all permanent pesticide mixing and loading sites.

     (6) Decontamination after handling activities. At the end of any exposure period, the handler employer shall provide at the site where handlers remove personal protective equipment, soap, clean towels, and a sufficient amount of water so that the handlers may wash thoroughly. At least ten gallons of water for one employee and twenty gallons of water for two or more employees shall be provided at mixing and loading sites that do not have running water.



[97-09-013, recodified as § 296-307-13050, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13050, filed 9/30/96, effective 11/1/96.]

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296-307-13055
Emergency assistance — Standards for pesticide handlers — 40 C.F.R., § 170.260.

  If there is reason to believe that a person who is or has been employed by an agricultural establishment or commercial pesticide handling establishment to perform pesticide handling tasks has been poisoned or injured by exposure to pesticides as a result of that employment, including, but not limited to, exposures from handling tasks or from application, splash, spill, drift, or pesticide residues, the handler employer shall:

     (1) Make available to that person prompt transportation from the place of employment or the handling site to an appropriate emergency medical facility.

     (2) Provide to that person or to treating medical personnel, promptly upon request, any obtainable information on:

     (a) Product name, EPA registration number, and active ingredients of any product to which that person might have been exposed.

     (b) Antidote, first-aid, and other medical information from the product labeling.

     (c) The circumstances of handling of the pesticide.

     (d) The circumstances of exposure of that person to the pesticide.



[97-09-013, recodified as § 296-307-13055, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13055, filed 9/30/96, effective 11/1/96.]

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296-307-145
Pesticides recordkeeping.

  



[97-09-013, recodified as § 296-307-145, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-145, filed 10/31/96, effective 12/1/96.]

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296-307-14505
What records must an employer keep for pesticide applications?

  (1) If you apply pesticides, or have pesticides applied for you, related to the production of an agricultural crop, you must keep records for each application. The records must include the following:

     (a) The address or exact location where the pesticide was applied or stored;

Note:

If you apply pesticides to one acre or more, the location must be shown on the map on the required form for at least the first application.

     (b) The year, month, day, and time the pesticide was applied or stored;

     (c) The product name on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide that was applied or stored;

     (d) The crop or site to which the pesticide was applied (application crop or site);

     (e) The amount of pesticide applied per acre, or other appropriate measure;

     (f) The concentration of pesticide applied;

     (g) The total area to which pesticide was applied;

     (h) If applicable, the licensed applicator's name, address, and telephone number and the name of the individual(s) making the application;

     (i) The direction and estimated velocity of the wind at the time the pesticide was applied;

Exception:

Wind information does not have to be recorded for applications of baits in bait stations and pesticide applications within structures.

     (j) Any other reasonable information required by the department.

     (2) A commercial pesticide applicator must provide a copy of the pesticide application records to the owner or lessee of the lands to which the pesticide is applied. Pesticide application records may be provided on any form that includes all required information.

     (3) You must update records on the same day that a pesticide is applied. You may use a copy as the record of the pesticide application. You must maintain the records for at least seven years after the date of the application.

     (4) You must ensure that pesticide application records are readily accessible to employees and their designated representatives in a central location in the workplace. The records must be available beginning on the day the application is made and for at least thirty days after. You may view the pesticide application records and make your own record from that information.

     (5) New or newly assigned employees must be made aware of the accessibility of the application records before working with pesticides or in an area containing pesticides.

     (6) When storing pesticides, you must, at least once a year, perform an inventory of the pesticides stored in any work area.

     (7) The pesticide inventory records must include the following information:

     (a) The location where the pesticide is stored;

     (b) The year, month, day, and time the pesticide was first stored;

     (c) The product name used on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide that is stored; and

     (d) The amount of pesticide in storage at the time of the inventory.

     (8) You must maintain a record of pesticide purchases made between the annual inventory dates.

     (a) Instead of this purchase record, you may obtain from distributors from whom you buy pesticides, a statement obligating the distributor to maintain the purchase records on your behalf to meet the requirements of this section.

     (b) We may require you to submit all purchase records covering the purchases during a specified period of time or in a specified geographical area.

     (9) When you end all pesticide activities, you must file the records with us. Anyone who succeeds or replaces you must retain the records required by this section, but that person is not liable for any violations you commit.

     (10) You must ensure that the records required under this section are readily accessible to us for inspection. You must also provide copies of the records on request, to:

     (a) An employee or the employee's designated representative in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries;

     (b) Treating health care personnel; or

     (c) The pesticide incident reporting and tracking review panel.

     (11) The designated representative or treating health care personnel are not required to identify the employee represented or treated.

     (12) We will keep the name of any affected employee confidential according to RCW 49.17.080(1).

     (13) When treating health care personnel request records under this section, and the record is required to determine treatment, you must provide copies of the record immediately. Information for treating health care personnel must be made immediately available by telephone, if requested, with a copy of the records provided within twenty-four hours. For all other requests, you must provide copies of the records within seventy-two hours.

     (14) If requested, you must provide copies of records on a form provided by the department.

     (15) If you suspect that an employee is ill or injured because of an exposure to one or more pesticides, you must immediately provide the employee with a copy of the relevant pesticide application records.

     (16) If you refuse to provide a copy of a requested record, the requester may notify the department of the request and your refusal.

     (a) Within seven working days, we will request that you provide us with all pertinent copies of the records, except that in a medical emergency we will request within two working days.

     (b) You must provide copies of the records to us within twenty-four hours after we request.

     (17) We inspect for the records required under this section as part of any on-site inspection of a workplace conducted under this chapter or chapter 49.17 RCW. We will determine, during the inspection, whether the records are readily transferable to a form adopted by the department, and readily accessible to employees. However, your records will not be inspected more than once in any calendar year, unless a previous inspection has found recordkeeping violations. If recordkeeping violations are found, we may conduct reasonable multiple inspections, according to department rules. Nothing in this section limits our inspection of records pertaining to pesticide-related injuries, illnesses, fatalities, accidents, or complaints.

     (18) If you fail to maintain the records, or provide access to or copies of the records required under this section, you will be subject to penalties authorized under RCW 49.17.180.

     (19) The department of labor and industries and the department of agriculture will jointly adopt by rule, forms that satisfy the information requirements of this section and RCW 17.21.100. Pesticide application record forms can be found in chapter 16-228 WAC, General pesticide rules.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-13-129, § 296-307-14505, filed 6/22/04, effective 8/1/04. Statutory Authority: RCW 49.17.010,[49.17].040 , and [49.17].050. 01-17-033, § 296-307-14505, filed 8/8/01, effective 9/1/01. 97-09-013, recodified as § 296-307-14505, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-14505, filed 10/31/96, effective 12/1/96.]

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296-307-14510
Sample pesticide storage record.

  





[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-13-129, § 296-307-14510, filed 6/22/04, effective 8/1/04. 97-09-013, recodified as § 296-307-14510, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-14510, filed 10/31/96, effective 12/1/96.]

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296-307-148
Scope and summary.

  

     Your responsibility:

     To implement a monitoring program for your employees who, as part of their job duties, handle category I or II organophosphate or N-methyl-carbamate pesticides with the words "DANGER" or "WARNING" on the label.

     Definition:

     The terms handle and handler refer to employees who are engaged in the job duties listed in the definition of "handler" contained in WAC 296-307-11005, Pesticides (worker protection standard).

     IMPORTANT:

     Whenever there is reason to believe that an employee has been poisoned or injured by exposure to pesticides while on the job, you need to provide the medical services required by WAC 296-307-13055.

     You must:

     Maintain handling records for covered pesticides

     WAC 296-307-14805.

     Implement a medical monitoring program

     WAC 296-307-14810.

     Identify a physician or licensed health care professional

     WAC 296-307-14815.

     Make cholinesterase testing available

     WAC 296-307-14820.

     Respond to depressed cholinesterase levels

     WAC 296-307-14825.

     Provide medical removal protection benefits

     WAC 296-307-14830.

     Maintain records

     WAC 296-307-14835.

     Provide training

     WAC 296-307-14840.

     Implementation plan

     WAC 296-307-14845.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-24-105, § 296-307-148, filed 12/3/03, effective 2/1/04.]

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296-307-14805
Maintain handling records for covered pesticides.

  

     You must:

     • Maintain accurate records of all time that each employee spends handling category I or II organophosphate or N-methyl-carbamate pesticides (this includes employees who do not meet the handling hour thresholds in WAC 296-307-14810).

     • Provide a completed CHOLINESTERASE MONITORING HANDLING HOURS REPORT (F413-065-000) to the physician or other licensed health care professional (LHCP) for each employee receiving a periodic cholinesterase blood test and make sure the report is submitted to the laboratory with each periodic cholinesterase test.

     • Provide the employee with a copy of the CHOLINESTERASE MONITORING HANDLING HOURS REPORT upon request.

     • Retain pesticide handling records for seven years.

     • Make sure that pesticide-handling records are readily accessible to employees, their designated representatives, and treating health care professionals.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-01-074, § 296-307-14805, filed 12/20/05, effective 2/1/06; 03-24-105, § 296-307-14805, filed 12/3/03, effective 2/1/04.]

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296-307-14810
Implement a medical monitoring program.

  

     You must:

     • Implement a medical monitoring program for your employees who handle or will be expected to handle category I or II organophosphate or N-methyl-carbamate pesticides for thirty or more hours in any consecutive thirty-day period.

Note:	• You do not need to count time spent mixing and loading using closed systems (as defined in WAC 296-307-13045 (4)(d)) in determining the need for periodic testing. Closed cabs are not "closed systems." Time using closed systems is still counted for purposes of establishing coverage under this rule and determining the need for obtaining baseline cholinesterase levels.
	• The first thirty consecutive day period begins on the first day of handling organophosphate or N-methyl-carbamate pesticides after obtaining the baseline cholinesterase test.
	• There is nothing in this rule that prohibits employers from providing cholinesterase monitoring to employees who handle organophosphate or N-methyl-carbamate pesticides for fewer than thirty hours in any consecutive thirty-day period.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-01-074, § 296-307-14810, filed 12/20/05, effective 2/1/06; 03-24-105, § 296-307-14810, filed 12/3/03, effective 2/1/04.]

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296-307-14815
Identify a physician or other licensed health care professional.

  

     You must:

     • Identify a physician or other licensed health care professional (LHCP) who will:

     – Provide baseline and periodic cholinesterase testing through the department of health public health laboratory or a laboratory approved by the department of labor and industries.

     – Interpret cholinesterase tests.

     – Provide you with a written recommendation for each employee's blood test and evaluation.

     • Obtain the LHCP's written recommendation for each employee's blood test and evaluation (including baseline tests) and make sure that the employee receives a copy of the LHCP's written recommendation, either through you or directly through the LHCP, within five business days after you receive the recommendation.

     • Make sure the LHCP's written recommendation for each employee's blood test and evaluation is limited to the following information:

     – The employee's cholinesterase status based on the LHCP's evaluation.

     – Identification of changes in cholinesterase levels requiring a work practice evaluation for the employee.

     – Identification of changes in cholinesterase levels requiring the employee to be removed from handling and other exposure to organophosphate and N-methyl-carbamate pesticides.

     – Guidance on medical monitoring.

     – Any other relevant information concerning an employee's workplace exposure to organophosphate and N-methyl-carbamate pesticides.

Note:

All testing for an employee should be conducted through the same laboratory. This will allow for accurate comparison between baseline and periodic tests.

     You must:

     • Instruct the LHCP to NOT reveal in writing or in any other communication with you any other personally identifiable medical information.

    

Note:

If the LHCP written recommendation contains specific findings or diagnoses unrelated to occupational exposure, you should send it back and obtain a revised version without the additional information.

     You must:

     • Make sure the LHCP is familiar with the requirements of this rule (for example, by providing a copy of the rule or by confirming that the provider has attended training on the rule).

     • Post the name, address, and telephone number of the LHCP you have identified at the locations where employees usually start their work day.

     • Make sure written recommendations from the LHCP are maintained for seven years.

Note:

You may only obtain the employee's actual test results if the employee provides the LHCP with written consent to share these results with you.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-01-074, § 296-307-14815, filed 12/20/05, effective 2/1/06; 03-24-105, § 296-307-14815, filed 12/3/03, effective 2/1/04.]

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296-307-14820
Make cholinesterase testing available.

  

     You must:

     • Make medical monitoring available to employees who will meet the handling hour threshold of thirty or more hours in any consecutive thirty-day period (WAC 296-307-14810) at no cost and at a reasonable time and place, as follows:

     – Provide annual baseline red blood cell (RBC) and serum cholinesterase tests that are taken at least thirty days after the employee last handled organophosphate or N-methyl-carbamate pesticides.

     – Provide periodic RBC and serum cholinesterase testing:

     ▪ Within three days after the end of each thirty-day period where the employee meets the handling hour threshold in WAC 296-307-14810; however, testing is not required more often than every thirty days;

     OR

     ▪ At least every thirty days for those employees who may meet the handling hour threshold in WAC 296-307-14810.

     – Follow the recommendations of the LHCP regarding continued employee pesticide handling or removal from handling until a thirty-day exposure free baseline can be established.

Exemption:

You do not need to provide baseline or periodic testing for those employees whose work exposure is limited to handling only N-methyl-carbamate pesticides.

Note:	• For employees who have had exposure to organophosphate or N-methyl-carbamate pesticides in the thirty days prior to the test obtain a working baseline. For example, a worker who initially declines cholinesterase testing and later chooses to participate in testing would obtain a "working baseline."
	• For new employees, the LHCP may accept previous baselines, if they are obtained according to this rule.

     You must:

     • Obtain a signed declination statement from the LHCP for each employee who declines cholinesterase testing.

     – Employees may decline cholinesterase testing only after they receive training about cholinesterase inhibiting pesticides and discuss the risks and benefits of participation with the LHCP.

     – An employee may change his or her mind and elect to participate or decline to continue participation in the testing program at any time.

     • Make sure the employee receives a copy of the signed declination statement, either through you or directly through the LHCP, within five business days after you receive the declination statement.

Note:

If employers discourage participation in cholinesterase monitoring, or in any way interfere with an employee's decision to continue with this program, this interference may represent unlawful discrimination under RCW 49.17.160, Discrimination against employee filing, instituting proceedings, or testifying prohibited -- Procedure -- Remedy.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-01-074, § 296-307-14820, filed 12/20/05, effective 2/1/06; 03-24-105, § 296-307-14820, filed 12/3/03, effective 2/1/04.]

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296-307-14825
Respond to depressed cholinesterase levels.

  

     You must:

     • Respond to an employee's depressed cholinesterase levels by:

     – Taking the actions required in Table 1;

     AND

     – Following any additional occupational health recommendations from the LHCP.

Table 1

Required Responses to an Employee's Depressed Cholinesterase Levels

When:	Action to be taken:	Methods:
An employee's RBC or serum cholinesterase levels fall more than twenty percent below the baseline	Evaluate the employee's workplace and work practices to identify and correct potential sources of pesticide exposure	Review:
		•	Personal protective equipment (PPE) and its condition
		•	Employees' PPE usage
		•	General sanitation and decontamination practices and availability of decontamination facilities required by WAC 296-307-13050
		•	Pesticide handling practices
		•	Pesticide label requirements
An employee's RBC cholinesterase level falls thirty percent or more from the baseline	Remove the employee from handling and other work exposures to organophosphate and N-methyl-carbamate pesticides such as thinning and harvesting in recently treated areas	•	When available, provide the employee with other duties that do not include handling and other work exposures to organophosphate and N-methyl-carbamate pesticides
OR	AND	•	Provide medical monitoring and cholinesterase testing as recommended by the LHCP
		•	Provide salary and benefits as if employee was continuing pesticide application activities
An employee's serum cholinesterase level falls forty percent or more from the baseline	Evaluate the employee's work practices to identify and correct potential sources of pesticide exposure
A removed employee's cholinesterase levels return to twenty percent or less below baseline	The employee may return to handling class I and II organophosphate and N-methyl-carbamate pesticides	Continue periodic cholinesterase monitoring

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-01-074, § 296-307-14825, filed 12/20/05, effective 2/1/06; 03-24-105, § 296-307-14825, filed 12/3/03, effective 2/1/04.]

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296-307-14830
Provide medical removal protection benefits.

  

     You must:

     • Provide medical removal protection benefits for a maximum of three months on each occasion:

     – An employee is temporarily removed from work due to depressed cholinesterase levels;

     OR

     – Assigned to other duties due to depressed cholinesterase levels.

     • Provide medical removal protection benefits that include maintenance of the same pay, seniority and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to organophosphate or N-methyl-carbamate pesticides or otherwise limited.

Note:	The following are examples of how a worker's pay could be maintained while medically removed from exposure to cholinesterase-inhibiting pesticides:
	• A removed worker is assigned to work eight hours a day but the employer's pesticide handlers are working ten hours a day. The removed worker would be paid for ten hours at the handler's pay rate.
	• The farmer pays workers two dollars more per hour when they are handling organophosphate or N-methyl-carbamate pesticides. The removed worker will be paid this premium when the pesticides are being handled on the farm; however, the worker will be paid at their usual pay rate when the pesticides are not being handled on the farm.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-01-074, § 296-307-14830, filed 12/20/05, effective 2/1/06; 03-24-105, § 296-307-14830, filed 12/3/03, effective 2/1/04.]

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296-307-14835
Maintain records.

  

     You must:

     • Make sure that the following records are maintained:

     – The name, address, and telephone number of the physician or LHCP.

     – Written recommendations and opinions received from the physician or LHCP.

     – Findings of all work practice investigations.

     – Dates when employees were medically removed from their duties and dates when employees are returned to duties that include handling organophosphate or N-methyl-carbamate pesticides.

     – Signed declination statements.

     • Maintain records for seven years.

     • Make sure that all records are readily accessible to the employee and his or her designated representative.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-24-105, § 296-307-14835, filed 12/3/03, effective 2/1/04.]

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296-307-14840
Provide training.

  

     You must:

     • Make sure employees have received training before initial medical monitoring. The training must include at least the following:

     – The human health hazards and physical symptoms of overexposure to organophosphate and N-methyl-carbamate cholinesterase-inhibiting pesticides.

     – The purpose and requirements for medical monitoring.

Note:

Training required by this rule may be combined with other pesticide handler training as required by WAC 296-307-13025, Pesticide safety training -- Standards for pesticide handlers.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-24-105, § 296-307-14840, filed 12/3/03, effective 2/1/04.]

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296-307-14845
Implementation plan.

  The department will implement and complete an evaluation of this rule by doing the following:

     • Organize a scientific team to oversee collection and analysis of data collected during 2004 and 2005. L&I will select representatives of the University of Washington, Washington State University, as well as other interested members of the academic and scientific communities, to participate on the team. The team will provide an initial analysis of testing data and any appropriate recommendations directly to L&I and to the cholinesterase monitoring advisory committee by November 1, 2004, and a further analysis and any appropriate recommendations by November 1, 2005. A final report and recommendations will be completed by September 30, 2006.

     • Establish a cholinesterase stakeholder advisory committee to evaluate issues related to rule implementation and provide recommendations to the department regarding implementation of the rule and any possible modifications to it. L&I will invite representatives of growers, labor and other affected state agencies to participate on the advisory committee. The committee will have an opportunity to comment on the analysis completed by the scientific team and to make any appropriate recommendations before December 1, 2004, and again before December 1, 2005. In addition, the committee will review the scientific committee's final report and recommendations and provide advice to L&I prior to December 1, 2006.

     • Review reports from the scientific team and stakeholder advisory committee, and other relevant information and make modifications to the rule as appropriate.

     • Make efforts to defray the costs of medical testing during 2004.

     • Prepare and distribute provider guidelines.

     • Develop and make available a model employee training program.

     • Publish a list of trained providers and certified laboratories on the internet.

     • Coordinate recordkeeping requirements with the department of agriculture.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-24-105, § 296-307-14845, filed 12/3/03, effective 2/1/04.]

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296-307-150
Employees working near overhead lines.

  



[97-09-013, recodified as § 296-307-150, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-150, filed 10/31/96, effective 12/1/96.]

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296-307-15003
What does this section cover?

  WAC 296-307-150 does not apply to the construction, reconstruction, operation, or maintenance of overhead electrical conductors (and their supporting structures and associated equipment) by authorized and qualified electrical employees. It also does not apply to authorized and qualified employees engaged in the construction, reconstruction, operations and maintenance of overhead electrical circuits or conductors (and their supporting structures and associated equipment) of rail transportation systems, or electrical generating, transmission, distribution, and communication systems.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-15003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-15003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-15003, filed 10/31/96, effective 12/1/96.]

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296-307-15006
What clearance and safeguards are required to protect employees working near overhead lines?

  (1) All exposed overhead conductors must be isolated from accidental contact by employees or equipment.

     (2) Irrigation pipe must not be stored within one hundred feet of overhead conductors.

     (3) Upending irrigation pipe within one hundred feet of overhead conductors is prohibited.

     (4) Water and irrigation systems, and other devices that discharge a conductive liquid, must be set up and operated so that the discharge from the system is directed more than ten feet away from overhead high-voltage lines, and avoids contact with any exposed electrical power conductor.

     (5) Employees are prohibited from entering or working in proximity to high-voltage lines, unless there are guards to prevent accidental contact.

Note:

Voltage 600V and higher is considered high voltage.

     (6) The following are prohibited if it is possible to bring these objects within ten feet of high-voltage lines:

     (a) Operating, erecting, or transporting tools, equipment, or a moving part;

     (b) Handling, transporting, or storing materials; or

     (c) Moving a building near high-voltage lines.

     (7) Equipment or machines must be operated near power lines according to the following:

     (a) For lines rated 50 kv. or below, minimum clearance between the lines and any part of the object must be ten feet;

     (b) For lines rated over 50 kv. minimum clearance between the lines and any part of the object must be ten feet plus four tenths of an inch for each 1 kv., over 50 kv., or twice the length of the line insulator but never less than ten feet;

     (c) In transit, the clearance must be a minimum of four feet for voltages less than 50 kv., ten feet for voltages over 50 kv. up to and including 345 kv., and sixteen feet for voltages up to and including 750 kv.;

     (d) You must designate someone to observe clearance and give warning for operations where it is difficult for the operator to see well enough to maintain the necessary clearance.

Exception:

You are exempt from this requirement if electrical distribution and transmission lines have been deenergized and visibly grounded at point of work; or if insulating barriers, not a part of or an attachment to the equipment or machinery, have been erected to prevent physical contact with the lines.

[97-09-013, recodified as § 296-307-15006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-15006, filed 10/31/96, effective 12/1/96.]

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296-307-15009
What signs must an employer post to warn employees working near overhead lines?

  You must post and maintain in plain view of the operator on each derrick, power-shovel, drilling-rig, hay loader, hay stacker, or similar apparatus with parts that are capable of vertical, lateral or swinging motion, a durable warning sign legible at twelve feet that says, "unlawful to operate this equipment within ten feet of high-voltage lines."



[97-09-013, recodified as § 296-307-15009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-15009, filed 10/31/96, effective 12/1/96.]

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296-307-15012
When must an employer notify the utility of employees working near overhead lines?

  The employer must notify the operator of high-voltage lines when any operations are to be performed, tools or materials handled, or equipment is to be moved or operated within ten feet of any high-voltage line. All required safety measures must be completed before proceeding with any work that would reduce the clearance requirements of this section.



[97-09-013, recodified as § 296-307-15012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-15012, filed 10/31/96, effective 12/1/96.]

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296-307-161
Temporary worker housing.

  



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-161, filed 3/1/00, effective 3/1/00.]

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296-307-16101
Purpose and applicability.

  (1) Purpose. This part is adopted by the Washington state department of labor and industries to implement the provisions of chapter 49.17 RCW and establish minimum health and safety requirements for temporary worker housing.

     (2) Applicability.

     (a) This part applies only to operators of temporary worker housing. Operators using tents within the cherry harvest season must refer to WAC 296-307-163, Part L-1, or chapter 246-361 WAC.

     (b) Operators with ten or more occupants are required to be licensed under this part. Operators with nine or less employees are not required to be licensed, but must comply with these standards.

     (c) For department of health licensing, on-site survey, water test fees, etc., see WAC 246-358-990.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16101, filed 3/1/00, effective 3/1/00.]

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296-307-16103
Definitions.

  For the purposes of this part, the following words and phrases will have the following meanings unless the context clearly indicates otherwise:

     "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.

     "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.

     "Building" means any structure used or intended to be used for supporting or sheltering any use or occupancy that may include cooking, eating, sleeping, and sanitation facilities.

     "Common food-handling facility" means an area designated by the operator for occupants to store, prepare, cook, and eat their own food supplies.

     "Current certificate (first aid)" means a first-aid training certificate that has not expired.

     "Department" means the Washington state department of health and/or the department of labor and industries.

     "Dining hall" means a cafeteria-type eating place with food furnished by and prepared under the direction of the operator for consumption, with or without charge, by occupants.

     "Drinking fountain" means a fixture equal to a nationally recognized standard or a designed-to-drain faucet, which provides potable drinking water under pressure. "Drinking fountain" does not mean a bubble-type water dispenser.

     "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, which is:

     • Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and

     • Physically separated from other sleeping and common-use areas.

     "First-aid qualified" means that the person holds a current certificate of first-aid training from the American Red Cross or another course with equivalent content or hours.

     "Food-handling facility" means a designated, enclosed area for preparation of food.

     "Group A water system" means a public water system and includes community and noncommunity water systems.

     (a) A community water system means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving at least twenty-five year-round (i.e., more than one hundred eighty days per year) residents.

     (b) A noncommunity water system means a Group A water system that is not a community water system. Noncommunity water systems are further defined as:

     (i) Nontransient (NTNC) water system that provides service opportunity to twenty-five or more of the same nonresidential people for one hundred eighty or more days within a calendar year.

     (ii) Transient (TNC) water system that serves:

     • Twenty-five or more of the same people each day for sixty or more days within a calendar year;

     • Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days within a calendar year; or

     • One thousand or more people for two or more consecutive days within a calendar year.

     "Group B water system" means a public water system:

     (a) Constructed to serve less than fifteen residential services regardless of the number of people; or

     (b) Constructed to serve an average nonresidential population of less than twenty-five per day for sixty or more days within a calendar year; or

     (c) Any number of people for less than sixty days within a calendar year.

     "Habitable room" means a room or space in a structure with a minimum seven-foot ceiling used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

     "Health officer" means the individual appointed as such for a local health department under chapter 70.05 RCW or appointed as the director of public health of a combined city-county health department under chapter 70.08 RCW.

     "Livestock" means horses, cows, pigs, sheep, goats, poultry, etc.

     "Livestock operation" means any place, establishment, or facility consisting of pens or other enclosures in which livestock is kept for purposes including, but not limited to, feeding, milking, slaughter, watering, weighing, sorting, receiving, and shipping. Livestock operations include, among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards. Operations where livestock can roam on a pasture over a distance may be treated as outside the definition.

     "MSPA" means the Migrant and Seasonal Agricultural Worker Protection Act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.).

     "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site.

     "Operating license" means a document issued annually by the department of health or contracted health officer authorizing the use of temporary worker housing.

     "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the temporary worker housing.

     "Recreational park trailers" means a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that meets the following criteria:

     • Built on a single chassis, mounted on wheels;

     • Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode; and

     • Certified by the manufacturer as complying with ANSI A119.5.

     "Recreational vehicle" means a vehicular-type unit primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive of power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers, but does not include pickup trucks with camper shells, canopies, or other similar coverings.

     "Refuse" means solid wastes, rubbish, or garbage.

     "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site.

     "Temporary worker housing" or "housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees for temporary, seasonal occupancy.

     "WISHA" means the Washington Industrial Safety and Health Act, chapter 49.17 RCW, administered by the Washington state department of labor and industries.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16103, filed 3/1/00, effective 3/1/00.]

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296-307-16105
Operating license.

  The operator:

     (1) Must request a license from the department of health or health officer when:

     (a) Housing consists of:

     (i) Five or more dwelling units; or

     (ii) Any combination of dwelling units, or spaces that house ten or more occupants.

     (b) Compliance with MSPA requires a license; or

     (c) Construction of camp buildings requires a license under chapter 246-359 WAC, Temporary worker housing construction standard.

     (2) Must apply for an operating license at least forty-five days prior to either the use of housing or the expiration of an existing operating license by submitting to the department of health or health officer:

     (a) A completed application on a form provided by the department of health or health officer;

     (b) Proof water system is current with all water tests required by chapters 246-290 or 246-291 WAC; and

     (c) A fee as specified in WAC 246-358-990.

     (3) Will receive an operating license for the maximum number of occupants as determined by WAC 246-358-029 when:

     (a) The application requirements from subsection (2) of this section are met;

     (b) The housing is in compliance with this part as demonstrated by:

     (i) A licensing survey completed by the department of health; or

     (ii) A self-survey completed by the operator and approved by the department of health; and

     (c) The operator complies with the corrective action plan established by the department.

     (4) May allow the use of housing without a renewed license when all of the following conditions exist:

     (a) The operator applied for renewal of an operating license in accordance with subsection (2) of this section at least forty-five days before occupancy, as evidenced by the post mark;

     (b) The department of health or health officer has not inspected the housing or issued an operating license;

     (c) Other local, state, or federal laws, rules, or codes do not prohibit use of the housing; and

     (d) The operator provides and maintains housing in compliance with this part.

     (5) Must post the operating license in a place readily accessible to occupants of the housing.

     (6) Must notify the department of health or health officer of a transfer of ownership.

     (7) Must cooperate with the department or health officer during on-site inspections.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16105, filed 3/1/00, effective 3/1/00.]

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296-307-16110
Requirements for self-survey program.

  If a licensed operator meets the requirements provided in this section, then the operator may participate in the self-survey program. This means an operator is allowed to conduct a self-survey for two years. On the third year the department of health will conduct an on-site verification survey to assure compliance with this chapter and determine if the temporary worker housing still meets the requirements of the self-survey program.

     (1) To be in the self-survey program the operator must:

     (a) Meet the requirements of WAC 246-358-025;

     (b) Not have had any valid complaints;

     (c) Have had two consecutive years without any deficiencies or have had very minor deficiencies (for example one or two screens torn, missing a few small trash cans, etc.); and

     (d) Be recommended by the health surveyor.

     (2) For a licensed operator to remain in the self-survey program the licensed operator must:

     (a) Continue to comply with subsection (1) of this section;

     (b) Continue to not have any deficiencies or very minor deficiencies; and

     (c) Not have a change in ownership.

     (3) When licensed temporary worker housing changes ownership, the new licensed operator must comply with the requirements of subsection (1) of this section before being eligible to be on the self-survey program.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16110, filed 3/1/00, effective 3/1/00.]

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296-307-16115
Maximum housing occupancy.

  (1) The maximum occupancy for operator-supplied housing will be based on:

     (a) The square footage of the housing facility; and

     (b) The number of bathing, food handling, handwashing, laundry, and toilet facilities.

     (2) The maximum occupancy for worker-supplied housing will be based on:

     (a) The number of spaces designated for worker-supplied housing by the operator; and

     (b) The number of bathing, food handling, handwashing, laundry, and toilet facilities in excess of those facilities required for operator-supplied housing.

Note:

Worker-supplied housing includes recreational park trailers, recreation vehicles, OSHA compliant tents, or other structures that meet the requirements of this part.

[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16115, filed 3/1/00, effective 3/1/00.]

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296-307-16120
Variance and procedure.

  Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute means must provide equal protection in accordance with the requirements of chapter 49.17 RCW and chapter 296-350 WAC, variances.

     Applications for variances will be reviewed and may be investigated by the department of labor and industries and the department of health. Variances granted will be limited to the specific case or cases covered in the application and may be revoked for cause. The variance shall remain prominently posted on the premises while in effect.

     Variance application forms may be obtained from the Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625 or the Department of Health, P.O. Box 47852, Olympia, Washington 98504-7852, upon request. Requests for variances from safety and health standards shall be made in writing to the director or the assistant director, Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625. (Reference RCW 49.17.080 and 49.17.090.)



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16120, filed 3/1/00, effective 3/1/00.]

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296-307-16125
Temporary worker housing sites.

  The operator must:

     (1) Locate and operate a site to prevent a health or safety hazard that is:

     (a) Adequately drained and any drainage from and through the housing must not endanger any domestic or public water supply;

     (b) Free from periodic flooding and depressions in which water may become a nuisance;

     (c) At least two hundred feet from a swamp, pool, sink hole, or other surface collection of water unless there is a mosquito prevention program for those areas;

     (d) Large enough to prevent overcrowding of necessary structures. The principal housing area for sleeping and for food preparation and eating must be at least five hundred feet from where livestock are kept; and

     (e) The grounds and open areas surrounding the shelters must be in a clean and sanitary condition.

     (2) Must develop and implement a temporary worker housing management plan and rules for operators with ten or more occupants, to assure that the housing is operated in a safe and secure manner and is kept within the approved capacity. Additionally, the licensed operator must:

     (a) Inform occupants of the rules, in a language the occupant understands by providing individual copies of the rules to each occupant or posting the rules in the housing area;

     (b) Restrict the number of occupants in the temporary worker housing to the capacity as determined by the department.

     (3) When closing housing permanently or for the season, complete the following:

     (a) Dispose of all refuse to prevent nuisance;

     (b) Fill all abandoned toilet pits with earth; and

     (c) Leave the grounds and buildings in a clean and sanitary condition.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16125, filed 3/1/00, effective 3/1/00.]

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296-307-16130
Water supply.

  The operator must:

     (1) Provide a water system that is:

     (a) Approved as a Group A public water system in compliance with chapter 246-290 WAC if the water system supplies fifteen or more connections or twenty-five or more people at least sixty days per year or provide proof the temporary worker housing receives water from an approved Group A public water system; or

     (b) Approved as a Group B water system in compliance with chapter 246-291 WAC if the water system supplies less than fifteen connections and does not supply twenty-five or more people at least sixty days per year.

     Note: A "same farm exemption" applies to a public water system with four or fewer connections all of which serve residences on the same farm. "Same farm" means a parcel of land or series of parcels that are connected by covenants and devoted to the production of livestock or agricultural commodities for commercial purposes and does not qualify as a Group A water system.

	Avg. of less than 25 people	Avg. of 25 or more people
At least 60 days or more	Group B	Group A TNC
59 days or less	Group B	Group B

     Note: If a system has fifteen or more connections, regardless of the population, it is a Group A water system.

     (2) Provide an adequate and convenient hot and cold water supply for drinking, cooking, bathing, and laundry purposes.

     Note: An "adequate water supply" means the storage capacity of the potable water system must meet the requirements of ASHRAE 1999 Applications Handbook, chapter 48, Water Systems.

     (3) Ensure that the distribution lines are able to maintain the working pressure of the water piping system at not less than fifteen pounds per square inch after allowing for friction and other pressure losses.

     (4) When water is not piped to each dwelling unit, provide cold, potable, running water under pressure within one hundred feet of each dwelling unit.

     (5) When water sources are not available in each individual dwelling unit, provide one or more drinking fountains for each one hundred occupants or fraction thereof. Prohibit the use of common drinking cups or containers from which water is dipped or poured.

     (6) When water is unsafe for drinking purposes and accessible to occupants, post a sign by the source reading "Do not drink. Do not use for washing. Do not use for preparing food" printed in English and in the native language of the persons occupying the housing, or marked with easily understood pictures or symbols.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16130, filed 3/1/00, effective 3/1/00.]

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296-307-16135
Sewage disposal.

  The operator must:

     (1) Provide sewage disposal systems in accordance with local health jurisdictions.

     (2) Connect all drain, waste, and vent systems from buildings to:

     (a) Public sewers, if available; or

     (b) Approved on-site sewage disposal systems that are designed, constructed, and maintained as required in chapters 246-272 and 173-240 WAC, and local ordinances.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16135, filed 3/1/00, effective 3/1/00.]

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296-307-16140
Electricity and lighting.

  The operator must ensure that:

     (1) Electricity is supplied to all dwelling units, kitchen facilities, shower/bathroom facilities, common areas, and laundry facilities;

     (2) All electrical wiring, fixtures and electrical equipment must comply with the electric standards of the department of labor and industries regulations, chapter 19.28 RCW, and local ordinances, and be maintained in a safe condition;

     (3) Each habitable room must have at least one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet;

     (4) Laundry, toilet rooms, shower/bathroom facilities, and rooms where people congregate have at least one ceiling-type or wall-type fixture;

     (5) General lighting and task lighting is adequate to carry on normal daily activities;

     (6) Adequate lighting is provided for safe passage for occupants to handwashing sinks and toilets. Note: Lighting requirements may be met by natural or artificial means.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16140, filed 3/1/00, effective 3/1/00.]

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296-307-16145
Building requirements and maintenance.

  An operator must:

     (1) Construct buildings to provide protection against the elements and comply with:

     (a) The State Building Code, chapter 19.27 RCW, or Temporary worker housing construction standard, chapter 246-359 WAC;

     (b) State and local ordinances, codes, regulations; and

     (c) This part. Any shelter meeting these requirements is acceptable.

     (2) Identify each dwelling unit and space used for shelter by posting a number at each site.

     (3) Maintain buildings in good repair and sanitary condition.

     (4) Provide exits that are unobstructed and remain free of any material or matter where its presence would obstruct or render the exit hazardous.

     (5) Provide a ceiling height of at least seven feet for each habitable room. If a building has a sloped ceiling, no portion of the room measuring less than seven feet from the finished floor to the finished ceiling will be included in any computation of the minimum floor space.

     (6) Provide at least seventy square feet of floor space for the first occupant and at least fifty square feet of floor space for each additional occupant in each dwelling unit.

     (7) Provide each room used for sleeping purposes with at least fifty square feet of floor space for each occupant.

     (8) Provide floors in accordance with the State Building Code, chapter 19.27 RCW, or Temporary worker housing construction standard, chapter 246-359 WAC, that are tightly constructed and in good repair.

     (9) Ensure wooden floors are at least one foot above ground level or meet the requirements in the State Building Code, chapter 19.27 RCW or Temporary worker housing construction standard, chapter 246-359 WAC.

     (10) Provide habitable rooms that have:

     (a) Windows covering a total area equal to at least one-tenth of the total floor area and at least one-half of each window can be opened to the outside for ventilation; or

     (b) Mechanical ventilation in accordance with applicable ASHRAE standards.

     (11) Provide sixteen-mesh screening on all exterior openings and screen doors with self-closing devices.

     (12) Install all heating, cooking, and water heating equipment according to state and local ordinances, codes, and regulations and maintain in a safe condition.

     (13) Provide adequate heating equipment if habitable rooms, including bathrooms, are used during cold weather.

     (14) Ensure that all recreational vehicles and park trailers meet the requirements of chapters 296-150P and 296-150R WAC.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16145, filed 3/1/00, effective 3/1/00.]

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296-307-16150
Laundry facilities.

  An operator must:

     (1) Provide one laundry tray or tub or one mechanical washing machine for every thirty persons;

     (2) Provide facilities for drying clothes;

     (3) Provide sloped, coved floors of nonslip impervious materials with floor drains;

     (4) Maintain laundry facilities in a clean and sanitary condition.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16150, filed 3/1/00, effective 3/1/00.]

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296-307-16155
Handwashing and bathing facilities.

  An operator must:

     (1) Provide one handwash sink for each family dwelling unit or for every six persons in centralized facilities. Handwash sinks must be adjacent to toilets;

     (2) Provide one showerhead for each family dwelling unit or for every ten persons in centralized facilities;

     (3) Provide one "service sink" in each building used for centralized laundry, handwashing, or bathing;

     (4) Provide sloped, coved floors of nonslip impervious materials with floor drains;

     (5) Ensure shower room walls are smooth and nonabsorbent to the height of four feet. If used, partitions must be smooth and nonabsorbent to the height of four feet;

     (6) Provide all showers, baths, or shower rooms with floor drains to remove wastewater;

     (7) Provide cleanable, nonabsorbent waste containers;

     (8) Maintain centralized bathing and handwashing facilities in a clean and sanitary condition, cleaned at least daily;

     (9) Request occupants of family dwelling units to maintain bathing and handwashing facilities in a clean and sanitary condition;

     (10) Ensure shower facilities provide privacy from the opposite sex and the public; and

     (11) Make showers and bathing facilities available when needed.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16155, filed 3/1/00, effective 3/1/00.]

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296-307-16160
Toilet facilities.

  (1) General toilet requirements. Operators must provide flush toilets unless chemical toilets or pit privies are specifically approved by the department of health or health officer according to requirements in chapter 246-272 WAC and ensure the following:

     (a) Flush toilets, chemical toilets, and urinals must not be located in any sleeping room, dining room, cooking or food-handling facility.

     (b) When chemical toilets are approved, they must be:

     (i) Located at least fifty feet from any dwelling unit or food-handling facility;

     (ii) Maintained by a licensed waste disposal company; and

     (iii) Comply with local ordinances;

     (c) When urinals are provided:

     (i) There must be one urinal or two linear feet of urinal trough for each twenty-five men;

     (ii) The floors and the walls surrounding a urinal and extending out at least fifteen inches on all sides must be constructed of materials which will not be adversely affected by moisture;

     (iii) The urinal must have an adequate water flush where water under pressure is available; and

     (iv) Urinal troughs are prohibited in pit privies.

     (d) When pit privies are approved they must be:

     (i) At least one hundred feet away from any sleeping room, dining room, cooking, or food-handling facilities; and

     (ii) Constructed to exclude insects and rodents from the pit.

     (2) Centralized toilet facilities. The operator must meet the following requirements when centralized toilet facilities are provided:

     (a) Provide toilet rooms with:

     (i) One toilet for every fifteen persons;

     (ii) One handwashing sink for every six persons;

     (iii) Either a window of at least six square feet opening directly to the outside, or be satisfactorily ventilated; and

     (iv) All outside openings screened with sixteen-mesh material;

     (b) Locate toilet rooms so that:

     (i) Toilets are within two hundred feet of the door of each sleeping room; and

     (ii) No person has to pass through a sleeping room to reach a toilet room.

     (c) Maintain toilets in a clean and sanitary condition, cleaned at least daily;

     (d) Provide each toilet compartment with an adequate supply of toilet paper;

     (e) When shared facilities will be used for both men and women:

     (i) Provide separate toilet rooms for each sex with a minimum of one toilet room for each sex and meet the required ratio as defined in (a) of this subsection;

     (ii) Identify each room for "men" and "women" with signs printed in English and in the native language of the persons occupying the camp, or identified with easily understood pictures or symbols; and

     (iii) Separate facilities by solid walls or partitions extending from the floor to the roof or ceiling when facilities for each sex are located in the same building.

     (3) Individual family/unit dwelling toilet requirements. If providing flush toilets in individual cabins, apartments, or houses, the operator must:

     (a) Provide one toilet for each individual family dwelling unit or fifteen persons;

     (b) Provide one handwashing sink for each six persons. The sink must be located in the toilet room or immediately adjacent;

     (c) Provide a window of at least six square feet opening directly to the outside, or be satisfactorily ventilated;

     (d) Ensure all outside openings screened with sixteen-mesh material;

     (e) Ensure toilet facilities are cleaned prior to occupancy and request occupants to maintain the facilities in a clean and sanitary condition.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16160, filed 3/1/00, effective 3/1/00.]

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296-307-16165
Cooking and food-handling facilities.

  The operator must provide enclosed or screened cooking and food-handling facilities for all occupants. The operator must provide adequate tables and seating for occupants.

     (1) If cooking facilities are located in dwelling units, the operator must provide:

     (a) An operable cook stove or hot plate with at least one cooking surface for every two occupants;

     (b) A sink with hot and cold running potable water under pressure;

     (c) At least two (2) cubic feet of dry food storage space per occupant;

     (d) Nonabsorbent, easily cleanable food preparation counters situated off the floor;

     (e) Mechanical refrigeration conveniently located and able to maintain a temperature of forty-five degrees Fahrenheit or below, with at least two (2) cubic feet of storage space per occupant;

     (f) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;

     (g) Nonabsorbent, easily cleanable floors; and

     (h) Adequate ventilation for cooking facilities.

     (2) In common food-handling facilities, the operator must provide:

     (a) A room or building, adequate in size, separate from any sleeping quarters;

     (b) No direct openings to living or sleeping areas from the common food-handling facility;

     (c) An operable cook stove or hot plate with at least one cooking surface for every four occupants, or four cooking surfaces for every two families;

     (d) Sinks with hot and cold running potable water under pressure;

     (e) At least two (2) cubic feet of dry food storage space per occupant;

     (f) Nonabsorbent, easily cleanable food preparation counters situated off the floor;

     (g) Mechanical refrigeration conveniently located and able to maintain a temperature of forty-five degrees Fahrenheit or below, with at least two (2) cubic feet of storage space per occupant;

     (h) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;

     (i) Nonabsorbent, easily cleanable floors; and

     (j) Adequate ventilation for cooking facilities.

     (3) The operator must ensure that centralized dining hall facilities comply with chapter 246-215 WAC, Food service.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16165, filed 3/1/00, effective 3/1/00.]

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296-307-16170
Cots, beds, bedding, and personal storage.

  The operator must:

     (1) Provide beds, cots, or bunks furnished with clean mattresses in good condition for the maximum occupancy approved by the department of health or health officer for operator-supplied housing;

     (2) Maintain bedding, if provided by the operator, in a clean and sanitary condition;

     (3) Provide sufficient clearance between each cot, bed or bunk and the floor or a commercially available cot, bed, or bunk;

     (4) Allow space to separate beds laterally and end-to-end by at least thirty-six inches when single beds are used;

     (5) Meet the following requirements when bunk beds are used:

     (a) Allow space to separate beds laterally and end-to-end by at least forty-eight inches;

     (b) Maintain a minimum space of twenty-seven inches between the upper and lower bunks; and

     (c) Prohibit triple bunks; and

     (6) Provide storage facilities for clothing and personal articles in each room used for sleeping.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16170, filed 3/1/00, effective 3/1/00.]

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296-307-16175
First aid and safety.

  The operator must:

     (1) Comply with chapters 15.58 and 17.21 RCW and chapters 16-228 and 296-307 WAC, Parts I and J, and pesticide label instructions when using pesticides in and around the housing;

     (2) Prohibit, in the housing area, the use, storage, and mixing of flammable, volatile, or toxic substances other than those intended for household use;

     (3) Provide readily accessible first-aid equipment;

     (4) Ensure that a first-aid qualified person is readily accessible to administer first aid at all times;

     (5) Store or remove unused refrigerator units to prevent access by children.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16175, filed 3/1/00, effective 3/1/00.]

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296-307-16180
Refuse disposal.

  The operator must:

     (1) Comply with local sanitation codes for removing and disposing of refuse from housing areas;

     (2) Protect against rodent harborage, insect breeding, and other health hazards while storing, collecting, transporting, and disposing of refuse;

     (3) Store refuse in fly-tight, rodent-tight, impervious, and cleanable or single-use containers;

     (4) Keep refuse containers clean;

     (5) Provide a container on a wooden, metal, or concrete stand within one hundred feet of each dwelling unit;

     (6) Empty refuse containers at least twice each week, and when full.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16180, filed 3/1/00, effective 3/1/00.]

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296-307-16185
Insect and rodent control.

  The operator must take effective measures to prevent and control insect and rodent infestation.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16185, filed 3/1/00, effective 3/1/00.]

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296-307-16190
Disease prevention and control.

  The operator must:

     (1) Report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease;

     (2) Report immediately to the local health officer:

     (a) Suspected food poisoning;

     (b) An unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice; or

     (c) Productive cough, or when weight loss is a prominent symptom among occupants;

     (3) Prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in dining halls.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16190, filed 3/1/00, effective 3/1/00.]

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296-307-163
Cherry harvest camps.

  



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-163, filed 3/1/00, effective 3/1/00.]

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296-307-16301
Purpose and applicability.

  (1) Purpose. This part is adopted by the Washington state department of labor and industries, to implement the provisions of chapter 49.17 RCW and establish minimum health and safety requirements for cherry harvest camps.

     (2) Applicability.

     (a) This part applies only to operators of cherry harvest camps using tents during the cherry harvest season. Operators using other housing must refer to WAC 296-307-161, Part L, or chapter 246-358 WAC.

     (b) Operators with ten or more occupants are required to be licensed under this part. Operators with nine or less employees are not required to be licensed, but must comply with these standards.

     (c) For department of health licensing, on-site survey, and water test fees, see WAC 246-361-990.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16301, filed 3/1/00, effective 3/1/00.]

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296-307-16303
Definitions.

  For the purposes of this part, the following words and phrases will have the following meanings unless the context clearly indicates otherwise:

     "Building" means any structure used or intended to be used for supporting or sheltering any use or occupancy that may include cooking, eating, sleeping, and sanitation facilities.

     "Cherry harvest camp" or "camp" means a place, area, or piece of land where dwelling units or campsites are provided by an operator during the cherry harvest.

     "Common food-handling facility" means an area designated by the operator for occupants to store, prepare, cook, and eat their own food supplies.

     "Current certificate (first aid)" means a first-aid training certificate that has not expired.

     "Department" means the Washington state department of health and/or the department of labor and industries.

     "Dining hall" means a cafeteria-type eating place with food furnished by and prepared under the direction of the operator for consumption, with or without charge, by occupants.

     "Drinking fountain" means a fixture equal to a nationally recognized standard or a designed-to-drain faucet, which provides potable drinking water under pressure. "Drinking fountain" does not mean a bubble-type water dispenser.

     "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, which is:

     • Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and

     • Physically separated from other sleeping and common-use areas.

     Note: For the purpose of this Part L1, a "tent" is considered a dwelling unit.

     "First-aid qualified" means that the person holds a current certificate of first-aid training from the American Red Cross or another course with equivalent content or hours.

     "Food-handling facility" means a designated, enclosed area for preparation of food.

     "Group A water system" means a public water system and includes community and noncommunity water systems.

     (a) A community water system means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving at least twenty-five year-round (i.e., more than one hundred eighty days per year) residents.

     (b) A noncommunity water system means a Group A water system that is not a community water system. Noncommunity water systems are further defined as:

     (i) Nontransient (NTNC) water system that provides service opportunity to twenty-five or more of the same nonresidential people for one hundred eighty or more days within a calendar year.

     (ii) Transient (TNC) water system that services:

     • Twenty-five or more different people each day for sixty or more days within a calendar year;

     • Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days within a calendar year; or

     • One thousand or more people for two or more consecutive days within a calendar year.

     "Group B water system" means a public water system:

     (a) Constructed to serve less than fifteen residential services regardless of the number of people; or

     (b) Constructed to serve an average nonresidential population of less than twenty-five per day for sixty or more days within a calendar year; or

     (c) Any number of people for less than sixty days within a calendar year.

     "Health officer" means the individual appointed as such for a local health department under chapter 70.05 RCW or appointed as the director of public health of a combined city-county health department under chapter 70.08 RCW.

     "Livestock" means horses, cows, pigs, sheep, goats, poultry, etc.

     "Livestock operation" means any place, establishment, or facility consisting of pens or other enclosures in which livestock is kept for purposes including, but not limited to, feeding, milking, slaughter, watering, weighing, sorting, receiving, and shipping. Livestock operations include, among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards. Operations where livestock can roam on a pasture over a distance may be treated as outside the definition.

     "MSPA" means the Migrant and Seasonal Agricultural Worker Protection Act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.).

     "Occupant" means a temporary worker or a person who resides with a temporary worker at the campsite.

     "Operating license" means a document issued annually by the department of health or contracted health officer authorizing the use of temporary worker housing.

     "Operator" means a person holding legal title to the land on which the camp is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the camp.

     "Recreational park trailers" means a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that meets the following criteria:

     • Built on a single chassis, mounted on wheels;

     • Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode; and

     • Certified by the manufacturer as complying with ANSI A119.5.

     "Recreational vehicle" means a vehicular-type unit primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own mode of power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers, but does not include pickup trucks with camper shells, canopies or other similar coverings.

     "Refuse" means solid wastes, rubbish, or garbage.

     "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site.

     "Tent" means an enclosure or shelter constructed of fabric or pliable material composed of rigid framework to support tensioned membrane that provides the weather barrier.

     "WISHA" means the Washington Industrial Safety and Health Act, chapter 49.17 RCW, administered by the Washington state department of labor and industries.



[Statutory Authority: RCW 49.17.010, [49.17].040,[49.17].050 , and [49.17].060. 02-23-072, § 296-307-16303, filed 11/19/02, effective 1/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050 and 1999 c 374. 00-06-081, § 296-307-16303, filed 3/1/00, effective 3/1/00.]

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296-307-16305
Technical assistance.

  An operator may request technical assistance from the department of health or the department of labor and industries to assist in compliance with this part.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16305, filed 3/1/00, effective 3/1/00.]

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296-307-16310
Operating license.

  A cherry tent camp license is limited to one week before the commencement through one week following the conclusion of the cherry harvest within the state.

     The operator:

     (1) Must request a license from the department of health or health officer when:

     (a) The camp will house ten or more occupants;

     (b) Compliance with MSPA requires a license; or

     (c) Construction of camp buildings requires a license under chapter 246-359 WAC, Temporary worker housing construction standard.

     (2) Must apply for an operating license at least forty-five days prior to either the use of the camp or the expiration of an existing operating license by submitting to the department of health or health officer:

     (a) A completed application on a form provided by the department or health officer;

     (b) Proof water system is current with all water tests required by chapter 246-290 or 246-291 WAC; and

     (c) A fee as specified in WAC 246-361-990.

     (3) Will receive an operating license for the maximum number of occupants as determined by WAC 246-361-030 when:

     (a) The application requirements from subsection (2) of this section are met;

     (b) The site is in compliance with this part as demonstrated by a licensing survey completed by the department; and

     (c) The operator complies with the corrective action plan established by the department.

     (4) Must post the operating license in a place readily accessible to workers.

     (5) Must notify the department of health in the event of a transfer of ownership.

     (6) Must cooperate with the department during on-site inspections.



[Statutory Authority: RCW 49.17.010, [49.17].040,[49.17].050 , and [49.17].060. 02-23-072, § 296-307-16310, filed 11/19/02, effective 1/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050 and 1999 c 374. 00-06-081, § 296-307-16310, filed 3/1/00, effective 3/1/00.]

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296-307-16315
Maximum camp occupancy.

  The maximum occupancy for a camp will be based on:

     (1) The number of shelters provided; and

     (2) The number of bathing, food handling, handwashing, laundry, and toilet facilities.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16315, filed 3/1/00, effective 3/1/00.]

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296-307-16320
Variance and procedure.

  Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute means must provide equal protection in accordance with the requirements of chapter 49.17 RCW and chapter 296-350 WAC, variances.

     Applications for variances will be reviewed and may be investigated by the department of labor and industries and the department of health. Variances granted will be limited to the specific case or cases covered in the application and may be revoked for cause. The variance must remain prominently posted on the premises while in effect.

     Variance application forms may be obtained from the Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625 or the Department of Health, P.O. Box 47852, Olympia, Washington 98504-7852, upon request. Requests for variances from safety and health standards must be made in writing to the director or the assistant director, Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625. (Reference RCW 49.17.080 and 49.17.090.)



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16320, filed 3/1/00, effective 3/1/00.]

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296-307-16325
Cherry harvest campsites.

  The operator must:

     (1) Locate and operate a site to prevent a health or safety hazard that is:

     (a) Adequately drained and any drainage from and through the camp must not endanger any domestic or public water supply;

     (b) Free from periodic flooding and depressions in which water may become a nuisance;

     (c) At least two hundred feet from a swamp, pool, sink hole, or other surface collection of water unless there is a mosquito prevention program for those areas;

     (d) Large enough to prevent overcrowding of necessary structures. The principal camp area for sleeping and for food preparation and eating must be at least five hundred feet from where livestock are kept; and

     (e) Maintained in a clean and sanitary condition.

     (2) Develop and implement a cherry harvest camp management plan and rules for camps with ten or more occupants, to assure that the camp is operated in a safe and secure manner and is kept within the approved capacity. Additionally, the licensed operator must:

     (a) Inform residents of the rules, in a language the resident understands by providing individual copies of the rules to each camp resident or posting the rules in the camp area; and

     (b) Restrict the number of occupants in the camp to the capacity as determined by the department.

     (3) When closing the camp permanently or for the season, complete the following:

     (a) Dispose of all refuse to prevent nuisance;

     (b) Fill all abandoned toilet pits with earth; and

     (c) Leave the grounds and buildings in a clean and sanitary condition.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16325, filed 3/1/00, effective 3/1/00.]

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296-307-16330
Water supply.

  The operator must:

     (1) Provide a water system that is:

     (a) Approved as a Group A public water system in compliance with chapter 246-290 WAC if the water system supplies fifteen or more connections or twenty-five or more people at least sixty days per year or provide proof the camp receives water from an approved Group A public water system; or

     (b) Approved as a Group B water system in compliance with chapter 246-291 WAC if the water system supplies less than fifteen connections and does not supply twenty-five or more people at least sixty days per year.

     Note: A "same farm exemption" applies to a public water system with four or fewer connections all of which serve residences on the same farm. "Same farm" means a parcel of land or series of parcels that are connected by covenants and devoted to the production of livestock or agricultural commodities for commercial purposes and does not qualify as a Group A water system.

	Avg. of less than 25 people	Avg. of 25 or more people
At least 60 days or more	Group B	Group A TNC
59 days or less	Group B	Group B

     Note: If a system has 15 or more connections, regardless of the population, it is a Group A water system.

     (2) Provide an adequate and convenient hot and cold water supply for drinking, cooking, bathing, and laundry purposes.

     Note: An "adequate water supply" means the storage capacity of the potable water system must meet the requirements of ASHRAE 1999 Applications Handbook, chapter 48, Water Systems.

     (3) Ensure that the distribution lines are able to maintain the working pressure of the water piping system at not less than fifteen pounds per square inch after allowing for friction and other pressure losses.

     (4) When water is not piped to each dwelling unit, provide cold, potable, running water under pressure within one hundred feet of each dwelling unit.

     (5) When water sources are not available in each individual tent, provide one or more drinking fountains for each one hundred occupants or fraction thereof. Prohibit the use of common drinking cups or containers from which water is dipped or poured.

     (6) When water is unsafe for drinking purposes and accessible to occupants, post a sign by the source reading "Do not drink. Do not use for washing. Do not use for preparing food" printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16330, filed 3/1/00, effective 3/1/00.]

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296-307-16335
Sewage disposal.

  An operator must:

     (1) Provide sewage disposal systems in accordance with local health jurisdictions.

     (2) Connect all drain, waste, and vent systems from buildings to:

     (a) Public sewers, if available; or

     (b) Approved on-site sewage disposal systems that are designed, constructed, and maintained as required in chapters 246-272 and 173-240 WAC, and local ordinances.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16335, filed 3/1/00, effective 3/1/00.]

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296-307-16340
Electricity and lighting.

  (1) General electricity requirements.

     (a) The operator must supply electricity to all dwelling units, kitchen facilities, bathroom facilities, common areas, and laundry facilities.

     (b) All electrical wiring, fixtures and electrical equipment must comply with department of labor and industries regulations, chapter 19.28 RCW and local ordinances, and maintained in a safe condition.

     (2) Electricity requirements in tents.

     (a) Each individual tent must have at least one separate floor-type or wall-type convenience outlet. If the operator provides a refrigerator in the tent, a dedicated outlet must be provided for it.

     (b) All electrical wiring and equipment installed in tents must meet the requirements of WAC 296-45-045.

     (c) All electrical appliances to be connected to the electrical supply must meet the requirements for the load calculations as required by chapter 19.28 RCW.

     (d) Electrical wiring exiting the tent to connect to the GFI outside outlet must be placed in approved flexible conduit not to exceed six feet in length.

     (e) All wiring located inside the tent must be placed in conduit for protection and connected to a surface to secure the wiring to prevent movement. Wiring must be located to prevent tripping or safety hazards.

     (f) Receptacles and lighting fixtures must be UL Listed and approved by the department for use in the tent.

     (3) General lighting requirements.

     (a) The operator must provide adequate lighting sufficient to carry on normal daily activities in all common use areas.

     (b) Laundry and toilet rooms and rooms where people congregate must have at least one ceiling-type or wall-type fixture. Where portable toilets are used, lighting requirements can be met by area illumination.

     (c) The operator must provide adequate lighting for safe passage for camp occupants to handwashing sinks and toilets.

     (d) The operator must provide adequate lighting for shower rooms during hours of operation.

     Note: Lighting requirements may be met by natural or artificial means.

     (4) Lighting requirements in tents.

     (a) Tents must have adequate lighting sufficient to carry on all normal daily activities. For example: Three 100-watt bulbs located at the top ridge of the frame and are UL Listed or equivalent.

     (b) Each tent must have at least one ceiling-type light fixture.

     (c) Food preparation areas, if located in the tent, must have at least one lighting fixture located to provide task lighting over the food preparation area.

     (d) Alternate lighting appliances must provide adequate lighting. In addition, if using two or more propane, butane, or white gas lighting appliances, a carbon monoxide monitor must be provided and located not more than thirty inches from the floor.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-16340, filed 12/21/04, effective 4/2/05. Statutory Authority: RCW 49.17.010,[49.17].040 , and [49.17].050 and 1999 c 374. 00-06-081, § 296-307-16340, filed 3/1/00, effective 3/1/00.]

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296-307-16345
Tents.

  (1) Tents must provide protection from the elements.

     (2) Structural stability and floors.

     (a) Tents and their supporting framework must be adequately braced and anchored to prevent weather related collapse. Documentation of the structural stability must be furnished to the department.

     (b) Floors must be smooth, flat, and without breaks or holes to provide a hard, stable walking surface. Nonrigid flooring supported by grass, dirt, soil, gravel, etc., are not acceptable. Floors that are constructed of wood or concrete must comply with the building code, chapter 19.27 RCW or temporary worker housing construction standard, chapter 246-359 WAC.

     (c) Floor systems must be designed to prevent the entrance of snakes and rodents.

     (3) Flame-retardant treatments.

     (a) The sidewalls, drops, and tops of tents must be composed of flame-resistant material or treated with a flame retardant in an approved manner.

     (b) Floor coverings, which are integral to the tent, and the bunting must be composed of flame-resistant material or treated with a flame retardant in an approved manner and in accordance with Uniform Building Code, Standard 31.1.

     (c) All tents must have a permanently affixed label bearing the following information:

     (i) Identification of tent size and fabric or material type;

     (ii) For flame-resistant materials, the necessary information to determine compliance with this section and National Fire Protection Association Standard 701, Standard Methods of Fire Tests for Flame-resistant Textiles and Films;

     (iii) For flame-retardant materials, the date that the tent was last treated with an approved flame-retardant;

     (iv) The trade name and type of flame-retardant utilized in the flame-retardant treatment; and

     (v) The name of the person and firm that applied the flame retardant.

     (4) Means of egress.

     (a) At least one door must lead to the outside of the tent and the area designated for refuge must be accessible and remain clear of storage materials or hazards.

     (b) The door must not be obstructed in any manner and must remain free of any material or matter where its presence would obstruct or render the exit hazardous.

     (c) If cooking facilities are provided in tents, the window located opposite the door must have a means to open the window or provide an easily openable space. For example, a zipper which opens downward toward the floor.

     (5) Floor area. The operator must:

     (a) If cooking facilities are provided in the tent, provide at least seventy square feet of floor space for one occupant and fifty square feet for each additional occupant; or

     (b) If cooking facilities are not provided in the tent, provide at least fifty square feet of floor space for each occupant in rooms used for sleeping purposes.

     (6) Ceiling height.

     (a) If the tent has a sloped ceiling, a ceiling height of at least seven feet is required in fifty percent of the total area.

     (b) No portion of the tent measuring less than six feet from the flooring to the ceiling will be included in any computation of the minimum floor area.

     (7) Windows and ventilation.

     (a) Provide a window area equal to one-tenth of the total floor area in each habitable room which opens at least halfway or more directly to the outside for cross-ventilation and has sixteen-mesh screens on all exterior openings.

     (b) The windows must have weather-resistant flaps, which will cover the window area and a means of fastening the flaps to provide protection from the elements and allow privacy for the occupants.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16345, filed 3/1/00, effective 3/1/00.]

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296-307-16350
Recreational vehicles.

  The operator must ensure that all recreational vehicles and park trailers meet the requirements of chapters 296-150P and 296-150R WAC.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16350, filed 3/1/00, effective 3/1/00.]

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296-307-16355
Laundry facilities.

  An operator must:

     (1) Provide one laundry tray or tub or one mechanical washing machine for every thirty persons;

     (2) Provide facilities for drying clothes;

     (3) Provide sloped, coved floors of nonslip impervious materials with floor drains;

     (4) Maintain laundry facilities in a clean and sanitary condition.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16355, filed 3/1/00, effective 3/1/00.]

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296-307-16360
Handwashing and bathing facilities.

  An operator must:

     (1) Provide one handwash sink for every six persons in centralized facilities. Handwash sinks must be adjacent to toilets;

     (2) Provide one showerhead for every ten persons in centralized facilities;

     (3) Provide one "service sink" in each building used for centralized laundry, handwashing, or bathing;

     (4) Provide sloped, coved floors of nonslip impervious materials with floor drains;

     (5) Provide walls that are smooth and nonabsorbent to the height of four feet. If partitions are used, they must be smooth and nonabsorbent to the height of four feet;

     (6) Provide all showers, baths, and shower rooms with floor drains to remove wastewater;

     (7) Provide cleanable, nonabsorbent waste containers;

     (8) Maintain bathing and handwashing facilities in a clean and sanitary condition, cleaned at least daily;

     (9) Ensure shower facilities provide privacy from the opposite sex and the public;

     (10) Make showers and bathing facilities available when needed.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16360, filed 3/1/00, effective 3/1/00.]

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296-307-16365
Toilet facilities.

  (1) General toilet requirements. Operators must provide flush toilets, chemical toilets, or pit privies. The department of health or health officer, according to requirements in chapter 246-272 WAC, must approve pit privies. The operator must comply with the following:

     (a) Flush toilets, chemical toilets, and urinals must not be located in any tent.

     (b) When chemical toilets are provided, they must be:

     (i) Located at least fifty feet from any dwelling unit or food-handling facility;

     (ii) Maintained by a licensed waste disposal company; and

     (iii) Comply with local ordinances.

     (c) When urinals are provided:

     (i) There must be one urinal or two linear feet of urinal trough for each twenty-five men;

     (ii) The floors and walls surrounding a urinal and extending out at least fifteen inches on all sides must be constructed of materials which will not be adversely affected by moisture;

     (iii) The urinal must have an adequate water flush where water under pressure is available; and

     (iv) Urinal troughs are prohibited in pit privies.

     (d) When pit privies are approved they must be:

     (i) At least one hundred feet away from any dwelling unit or food-handling facility; and

     (ii) Constructed to exclude insects and rodents from the pit.

     (2) Centralized toilet facilities. The operator must meet the following requirements when centralized toilet facilities are provided:

     (a) Provide toilet rooms with:

     (i) One toilet for every fifteen persons;

     (ii) One handwashing sink for every six persons;

     (iii) Either a window of at least six square feet opening directly to the outside, or be satisfactorily ventilated; and

     (iv) All outside openings screened with sixteen-mesh material.

     (b) Locate toilet rooms so that:

     (i) Toilets are within two hundred feet of the door of each tent; and

     (ii) No person has to pass through a sleeping room to reach a toilet room;

     (c) Maintain toilets in a clean and sanitary condition, cleaned at least daily;

     (d) Provide each toilet compartment with an adequate supply of toilet paper;

     (e) When shared facilities will be used for both men and women:

     (i) Provide separate toilet rooms for each sex with a minimum of one toilet room for each sex and meet the required ratios as defined in (a) of this subsection;

     (ii) Identify each room "men" and "women" with signs printed in English and in the native language of the persons occupying the camp, or identified with easily understood pictures or symbols; and

     (iii) Separate facilities by solid walls or partitions extending from the floor to the roof or ceiling when facilities for each sex are located in the same building.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16365, filed 3/1/00, effective 3/1/00.]

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296-307-16370
Cooking and food-handling facilities.

  The operator must provide enclosed or screened cooking and food-handling facilities for all occupants. The operator must provide adequate tables and seating for occupants.

     (1) If the operator provides cooking facilities in tents, the operator must provide:

     (a) An operable cook stove or hot plate with at least one cooking surface for every four occupants;

     (b) A sink with hot and cold running potable water under pressure at each tent site;

     (c) At least two cubic feet of dry food storage space per occupant;

     (d) Nonabsorbent, easily cleanable food preparation counters situated off the floor;

     (e) Mechanical refrigeration conveniently located and able to maintain a temperature of forty-five degrees Fahrenheit or below, with at least one cubic foot of storage space per occupant; and

     (f) Adequate ventilation for cooking facilities.

     (2) If the operator provides common food-handling facilities, the operator must provide:

     (a) A room or building, adequate in size, separate from any tent;

     (b) No direct openings to living or sleeping areas from the common food-handling facility;

     (c) An operable cook stove or hot plate with at least one cooking surface for every four occupants, or four cooking surfaces for every two families;

     (d) Sinks with hot and cold running potable water under pressure;

     (e) At least two cubic feet of dry food storage space per occupant;

     (f) Nonabsorbent, easily cleanable food preparation counters situated off the floor;

     (g) Mechanical refrigeration conveniently located and able to maintain a temperature of forty-five degrees Fahrenheit or below, with at least one cubic foot of storage space per occupant;

     (h) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;

     (i) Nonabsorbent, easily cleanable floors; and

     (j) Adequate ventilation for cooking facilities.

     (3) The operator must ensure that dining hall facilities comply with chapter 246-215 WAC, Food service.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16370, filed 3/1/00, effective 3/1/00.]

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296-307-16375
Cots, beds, bedding, and personal storage.

  The operator must provide cots, beds, or bunks for each occupant, not to exceed the maximum occupancy approved by the department or health officer.

     (1) Beds or bunks must be furnished with clean mattresses and maintained in a clean and sanitary condition.

     (2) The operator must:

     (a) Provide sufficient clearance between each cot, bed, or bunk and the floor or a commercially available cot, bed, or bunk; and

     (b) Allow space to separate beds laterally and end-to-end by at least thirty-six inches when single beds are used.

     (3) When bunk beds are used the operator must:

     (a) Allow space to separate beds laterally and end-to-end by at least forty-eight inches; and

     (b) Maintain a minimum space of twenty-seven inches between the upper and lower bunks.

     (4) Locate cots, beds, or bunks at least thirty inches or more from cooking surfaces.

     (5) The use of triple bunk beds is prohibited.

     (6) The operator must provide suitable storage facilities for clothing and personal articles in each tent.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16375, filed 3/1/00, effective 3/1/00.]

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296-307-16380
First aid and safety.

  The operator must:

     (1) Comply with chapters 15.58 and 17.21 RCW and chapters 16-228 and 296-307 WAC, Part I and J, and pesticide label instructions when using pesticides in and around the camp;

     (2) Prohibit, in the housing area, the use, storage, and mixing of flammable, volatile, or toxic substances other than those intended for household use;

     (3) Provide readily accessible first-aid equipment;

     (4) Ensure that a first-aid qualified person is readily accessible to administer first aid at all times;

     (5) Store or remove unused refrigerator units to prevent access by children.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16380, filed 3/1/00, effective 3/1/00.]

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296-307-16385
Refuse disposal.

  The operator must:

     (1) Comply with local sanitation codes for removing refuse from camp areas and disposing of refuse;

     (2) Protect against rodent harborage, insect breeding, and other health hazards while storing, collecting, transporting, and disposing of refuse;

     (3) Store refuse in fly-tight, rodent-tight, impervious, and cleanable or single-use containers;

     (4) Keep refuse containers clean;

     (5) Provide a container on a wooden, metal, or concrete stand within one hundred feet of each dwelling unit;

     (6) Empty refuse containers at least twice each week, and when full.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16385, filed 3/1/00, effective 3/1/00.]

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296-307-16390
Insect and rodent control.

  The operator must take effective measures to prevent and control insect and rodent infestation.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16390, filed 3/1/00, effective 3/1/00.]

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296-307-16395
Disease prevention and control.

  The operator must:

     (1) Report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease;

     (2) Report immediately to the local health officer:

     (a) Suspected food poisoning;

     (b) An unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice; or

     (c) Productive cough, or when weight loss is a prominent symptom among occupants.

     (3) Prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in dining halls.



[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 and 1999 c 374. 00-06-081, § 296-307-16395, filed 3/1/00, effective 3/1/00.]

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296-307-18005
How must fan blades be guarded?

  You must guard the blades of a fan located less than seven feet above the floor or working level. The guard must have maximum openings of one-half inch.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18005, filed 12/1/98, effective 3/1/99.]

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296-307-18010
How must constant-running drives be guarded?

  Shields, guards, and access doors that will prevent accidental contact with rotating machine parts on constant-running drives must be in place when the machine is running.

Exception:

This requirement does not apply to combines when guards could create fire hazards.

     "Constant-running drives" means drives that continue to rotate when the engine is running and all clutches are disengaged.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18010, filed 12/1/98, effective 3/1/99.]

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296-307-18015
What training must an employer provide for employees who use agricultural equipment?

  At the time of initial assignment and at least annually thereafter, you must instruct every employee in the safe operation and servicing of all equipment that the employee will use, including at least the following:

     (1) Keep all guards in place when the machine is in operation.

     (2) Only persons required for instruction or machine operation may ride on equipment, unless a passenger seat or other protective device is provided.

     (3) Stop engine, disconnect the power source, and wait for all machine movement to stop before servicing, adjusting, cleaning, or unclogging the equipment.

Exception:

When the machine must be running to be properly serviced or maintained, you must instruct employees in the steps and procedures necessary to safely service or maintain the equipment.

     (4) Make sure everyone is clear of machinery before starting the engine, engaging power, or operating the machine.

     (5) Lock out electrical power before performing maintenance or service on farmstead equipment.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18015, filed 12/1/98, effective 3/1/99.]

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296-307-18020
What requirements apply to machine controls?

  (1) If machine operation requires the presence of an operator on the machine, a "stop button" must be provided on the machine within reach of the operator.

     (2) Power control devices must be marked to indicate the function and machine they control. "On" and "off" must be marked.

     (3) "Stop" buttons must be red or orange. Each machine must have one or more stop buttons according to the working position of the operators.

     (4) Power control devices must be located or guarded to prevent unexpected or accidental movement of the control. "Start" buttons must be recessed.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18020, filed 12/1/98, effective 3/1/99.]

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296-307-18025
How must steam pipes be guarded?

  (1) All steam pipes or pipes hot enough to burn a person (other than coil pipes, radiators for heating rooms or buildings, or pipes on portable steam engines and boilers) must be guarded with a standard safeguard, unless guarded by location.

     (2) All exposed hot pipes within seven feet of the floor or working platform, or within fifteen inches measured horizontally from stairways, ramps, or fixed ladders, must be covered with insulating material or be guarded to prevent contact.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18025, filed 12/1/98, effective 3/1/99.]

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296-307-185
Guarding powered saws.

  





[97-09-013, recodified as § 296-307-185, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-185, filed 10/31/96, effective 12/1/96.]

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296-307-18503
What general requirements apply to powered saws?

  (1) You must ensure that all cracked saw blades are removed from service, except as indicated in WAC 296-307-18515(6).

     (2) Inserting a wedge between a saw disk and its collar to form a "wobble saw" for rabbeting or dadoing is prohibited.

Exception:

This does not apply to properly designed adjustable rabbeting blades.

     (3) You must provide and ensure that employees use push sticks or push blocks in sizes and types suitable for the work to be done.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18503, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-18503, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-18503, filed 10/31/96, effective 12/1/96.]

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296-307-18506
How must band saws be guarded?

  (1) You must ensure that all band wheels are completely encased or guarded on both sides. Guards must be constructed of at least No. 14 U.S. gauge metal, nominal two-inch wood material, or mesh or perforated metal of at least U.S. gauge No. 20 with maximum openings of three-eighths inch.

     (2) You must ensure that all nonworking portions of the band saw blade are enclosed or guarded. The working side of the blade between the guide and the table may be left open to work on the stock.

     (3) You must ensure that the guard for the portion of the blade between the sliding guide and the upper-saw-wheel guard protects the saw blade at the front and outer side.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18506, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-18506, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-18506, filed 10/31/96, effective 12/1/96.]

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296-307-18509
How must radial arm saws be guarded?

  (1) You must ensure that the upper hood completely encloses the upper portion of the blade, including the end of the saw arbor. The upper hood must be constructed to protect the operator from flying material, and to deflect sawdust. The sides of the lower exposed portion of the blade must be guarded to the full diameter of the blade by a device that will automatically adjust itself to the thickness of the stock and remain in contact with stock. You may use an alternative lower blade guard if it provides equivalent protection.

     (2) You must provide an adjustable stop to prevent the forward travel of the blade beyond the position necessary to complete the cut.

     (3) You must equip a radial arm-saw with a mechanism to return the saw and keep it in position at the back of the table or behind the rip fence.

     For example: You may use a counter-weight or a saw retractor device, or tilt the front of the radial arm saw unit up enough to maintain the blade at the back of the table or behind the rip fence when the pull handle is released by the operator.

     (4) You must ensure that ripping and ploughing are permitted only against the direction in which the saw turns. Mark the direction of the saw rotation on the hood, and attach a permanent warning sign to the rear of the guard that prohibits ripping or ploughing from that position. (Where the blade teeth exit the upper hood when set up for ripping would be the rear of the saw in this case.) Each radial arm saw used for ripping must be provided with antikickback fingers or dogs to prevent the saw from throwing the material or stock back at the operator.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18509, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-18509, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-18509, filed 10/31/96, effective 12/1/96.]

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296-307-18512
How must table saws be guarded?

  (1) You must ensure that each circular blade table saw used for ripping or crosscutting is guarded by a standard hood that covers the saw blade above the material completely at all times during the cut. The hood must adjust itself automatically to the thickness of, and must remain in contact with, the material being cut.

Exception:

When finished surfaces of stock may be marred by the guard, it may be raised slightly to avoid contact. The hood must be designed to protect the operator from flying material.

     (2) You must ensure that any table saw used for ripping has antikickback fingers or dogs and a spreader.

     (3) While used for rabbeting, ploughing, grooving or dadoing a table saw may be used without an antikickback device and a spreader. Upon completion, the antikickback device and spreader must be replaced immediately.

     (4) You must ensure that the part of the table saw that is beneath the table is fully guarded to prevent employee contact with the portion of the blade below the table.

     (5) Power transmission components of table saws must be guarded according to WAC 296-307-280.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18512, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-18512, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-18512, filed 10/31/96, effective 12/1/96.]

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296-307-18515
How must circular fuel-wood saws be guarded?

  (1) You must ensure that fuel-wood saws are guarded by a standard guard that completely encloses the blade to the depth of the teeth, except for the area where material is fed into the blade.

     (2) You must ensure that the tables of fuel-wood saws is constructed so that material being sawed is supported on both sides of the blade.

     (3) You must provide a mechanism that will prevent the leading edge of the saw from passing the front edge of the table or roll case.

     (4) You must provide tilting tables of fuel-wood saws with a backrest for the full length of the table. The backrest must extend upward from the table platform at least to the height of the saw opening. An opening in a backrest must be a maximum of two inches. The backrest frame and filler must be constructed of material strong and rigid enough to prevent distortion under normal use.

     (5) Power transmission components of fuel-wood saws must be guarded according to WAC 296-307-280.

     (6) When a circular fuel-wood saw blade develops a crack, you must discontinue its use until properly repaired, according to the following measurements.

Length of crack	Diameter of saw in inches
1/2"	12"
1"	24"
1-1/2"	36"

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-18515, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-18515, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-18515, filed 10/31/96, effective 12/1/96.]

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296-307-190
Guarding bench grinders, abrasive wheels, and portable grinders.

  



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-190, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-190, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-190, filed 10/31/96, effective 12/1/96.]

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296-307-19003
What definitions apply to this section?

  "Abrasive wheel" means a cutting tool consisting of abrasive grains held together by organic or inorganic bonds. This includes diamond and reinforced wheels.

     "Flanges" means collars, discs, or plates between which wheels are mounted. Also referred to as adapter, sleeve, or back.

     "Mounted wheels" means wheels of various dimensions that are usually 2 inches in diameter or smaller. They can be either organic or inorganic bonded abrasive wheels. They are secured to plain or threaded steel mandrels.

     "Off-hand grinding" means grinding material or a part that is held in the operator's hand.

     "Portable grinding" means the grinding machine is hand-held and may be easily moved from one location to another.

     "Reinforced wheels" means a class of organic wheels that contain strengthening fabric or filament. "Reinforced" does not mean wheels using such mechanical additions as steel rings, steel cup backs, or wire or tape winding.

     "Safety guard" means an enclosure designed to restrain the pieces of the grinding wheel and protect the operator in the event that the wheel is broken in operation.



[97-09-013, recodified as § 296-307-19003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19003, filed 10/31/96, effective 12/1/96.]

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296-307-19006
What rules apply to guarding abrasive wheels?

  (1) Abrasive wheels must be used only on machines provided with safety guards.

Exception:

This requirement does not apply to the following:

	(a) Wheels used for internal work while the wheel is within the work being ground.
	(b) Mounted wheels 2 inches and smaller in diameter, used in portable operations.
	(c) Types 16, 17, 18, 18R, and 19 cones, plugs, and threaded hole pot balls where the work offers protection.
	(d) Specially shaped "sickle grinding" wheels mounted in mandrel-type bench or floor stands.

     (2) The safety guard must cover the spindle end, nut, and flange projections.

Exceptions:

(a) When the work provides protection to the operator, the spindle end, nut, and outer flange may be exposed. When the work entirely covers the side of the wheel, the side covers of the guard may be omitted. (b) The spindle end, nut, and outer flange may be exposed on portable machines designed for, and used with, type 6, 11, 27, and 28 abrasive wheels, cutting off wheels, and tuck pointing wheels. (c) The spindle end, nut, and outer flange may be exposed on machines designed as portable saws.

     (3) The guard must cover the sides and periphery of the wheel.

Exceptions:

(a) Bench and floor stands; (i) The maximum permissible angle of exposure is 90°. This exposure must begin at a point not more than 65° above the horizontal plane of the wheel spindle. (ii) Wherever the nature of the work requires contact with the wheel below the horizontal plane of the spindle, the exposure must not exceed 125°. This exposure must begin at a point not more than 65° above the horizontal plane of the wheel spindle. (b) Swing-frame grinders may only be exposed on the bottom half; the top half of the wheel must be enclosed at all times. (c) Where the work is applied to the top of the wheel, the exposure of the grinding wheel periphery must not exceed 60°. (d) When the work entirely covers the side of the wheel, the side covers of the guard may be omitted.

     (4) The safety guard must be mounted to maintain proper alignment with the wheel, and the strength of the fastenings must exceed the strength of the guard.

     (5) Take care to see that the safety guard is properly positioned before starting the mounted wheel.

     (6) Abrasive wheel machinery guards must meet the design specifications of ANSI B7.1-1970.

     (7) Exception: WAC 296-307-19006 does not apply to natural sandstone wheels and metal, wooden, cloth, or paper discs, with a layer of abrasive on the surface.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-19006, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-19006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19006, filed 10/31/96, effective 12/1/96.]

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296-307-19009
What are the use, mounting, and guarding rules for abrasive wheels?

  (1) Immediately before mounting, the operator must closely inspect and sound (ring test) all wheels to make sure they are not damaged. Before mounting the wheel, the operator must check the spindle speed of the machine to be certain that it does not exceed the maximum operating speed marked on the wheel.

     "Ring test" means to tap the wheel gently with a light nonmetallic implement, such as the handle of a screwdriver for light wheels, or a wooden mallet for heavier wheels.

     (2) Grinding wheels must fit freely on the spindle and remain free under all grinding conditions. The wheel hole must be made suitably oversized to ensure that heat and pressure do not create a hazard.

     (3) All contact surfaces of wheels, blotters, and flanges must be flat and free of foreign matter.

     (4) Bushings used in the wheel hole must not exceed the width of the wheel and must not contact the flanges.

     (5) On offhand grinding machines, work rests must be used to support the work. The work rest must be rigid and adjustable to compensate for wheel wear. Work rests must be kept adjusted closely to the wheel with a maximum opening of one-eighth inch to prevent the work from jamming between the wheel and the rest. The work rest must be securely clamped after each adjustment and shall not be adjusted with the wheel in motion.

     (6) Goggles or face shields must be used when grinding.

     (7) Nonportable grinding machines must be securely mounted on substantial floors, benches, foundations, or other adequate structures.

     (8) After mounting, abrasive wheels must be run at operating speed with the safety guard in place and properly adjusted, or in a protected enclosure for at least one minute before applying work. During this time, no one may stand in front of or in line with the wheel.

     (9) Grinders or abrasive wheels that vibrate or are out of balance must be repaired before use.

     (10) Abrasive wheels not designed for the machine or guard must not be mounted on a grinder.

     (11) Side grinding must only be performed with wheels designed for this purpose.

Note:

Light grinding on the side of straight wheels is permitted only when very delicate pressure is applied.

     (12) Where the operator may stand in front of the opening, safety guards must be adjustable to compensate for wheel wear. The distance between the wheel periphery and the adjustable tongue or the guard above the wheel must not exceed one-quarter inch.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-19009, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-19009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19009, filed 10/31/96, effective 12/1/96.]

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296-307-19012
What requirements apply to flanges?

  (1) Grinding machines must have flanges.

     (2) All abrasive wheels must be mounted between flanges that are at least one-third the diameter of the wheel. Regardless of flange type used, the wheel must always be guarded. Blotters must be used according to this section.

     (3) Design and material requirements include:

     (a) Flanges must be designed to transmit the driving torque from the spindle to the grinding wheel.

     (b) Flanges must be made of steel, cast iron, or other material of equal or greater strength and rigidity.

     (4) An abrasive wheel that is designed to be held by flanges must not be operated without them. Except for those types requiring flanges of a special design, flanges must be at least one-third the diameter of the wheel.

     (5) Facings of compressible material (blotters) must be inserted between the abrasive wheel and flanges to ensure uniform distribution of flange pressure.

     (6) All flanges must be maintained in good condition. When the bearing surfaces become damaged, they should be trued or refaced. When refacing or truing, exercise care to make sure that proper relief and rigidity is maintained before starting the wheel.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-19012, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-19012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19012, filed 10/31/96, effective 12/1/96.]

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296-307-19015
How must vertical portable grinders be guarded?

  Safety guards on right angle head or vertical portable grinders must have a maximum exposure angle of 180°, and the guard must be between the operator and the wheel during use. The guard must be adjusted so that pieces of an accidentally broken wheel will be deflected away from the operator.



[97-09-013, recodified as § 296-307-19015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19015, filed 10/31/96, effective 12/1/96.]

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296-307-19018
How must other portable grinders be guarded?

  Other portable grinding machines must be guarded so that only the bottom half of the wheel is exposed. The top half of the wheel must be enclosed at all times.



[97-09-013, recodified as § 296-307-19018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19018, filed 10/31/96, effective 12/1/96.]

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296-307-195
What rules apply to grounding and "dead man" controls for hand-held portable power tools?

  (1) Each hand-held, power-driven tool must have a "dead man" control, such as a spring-actuated switch, valve, or equivalent device, so that the power will be automatically shut off whenever the operator releases the control.

     (2) The frames and all exposed, noncurrent-carrying metal parts of portable electric machinery, operated at more than fifty volts to ground, must be grounded. Other hand-held portable motors driving electric tools must be grounded if they operate at more than fifty volts to ground. The ground must use a separate ground wire and polarized plug and receptacle.

Exception:

Double insulated tools that are designed and used according to the requirements of Article 250-45 of the National Electrical Code (1971 edition) are exempt from the grounding requirements.

[97-09-013, recodified as § 296-307-195, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-195, filed 10/31/96, effective 12/1/96.]

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296-307-200
Compressed air.

  



[97-09-013, recodified as § 296-307-200, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-200, filed 10/31/96, effective 12/1/96.]

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296-307-20005
May compressed air be used for cleaning?

  Using compressed air for cleaning purposes is prohibited, except where the pressure is reduced to less than 30 psi and then only with effective chip guarding and personal protective equipment.



[97-09-013, recodified as § 296-307-20005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-20005, filed 10/31/96, effective 12/1/96.]

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296-307-20010
What requirements apply to compressed air tools?

  (1) When using compressed air tools, use care to prevent the tool from being shot from the gun.

     (2) When momentarily out of use, the gun should be laid so that the tool cannot fly out if the pressure is accidentally released. When not in use, all tools should be removed from the gun.

     (3) When disconnecting a compressed air tool from the air line, first shut off the pressure and then operate the tool to release the pressure remaining in the hose.

     (4) Compressed air hose or guns must not be pointed at or brought into contact with the body of any person.



[97-09-013, recodified as § 296-307-20010, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-20010, filed 10/31/96, effective 12/1/96.]

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296-307-205
Guarding portable powered tools.

  



[97-09-013, recodified as § 296-307-205, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-205, filed 10/31/96, effective 12/1/96.]

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296-307-20505
What requirements apply to guarding portable powered tools?

  (1) All portable, power-driven circular saws with a blade diameter greater than 2 inches must have guards above and below the base plate or shoe.

     (a) The upper guard must cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts.

     (b) The lower guard must cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work.

     (c) When the tool is withdrawn from the work, the lower guard must automatically and instantly return to covering position.

     (2) Portable belt sanding machines must have guards at each nip point where the sanding belt runs onto a pulley. These guards must prevent the hands or fingers of the operator from coming in contact with the nip points. The unused run of the sanding belt must be guarded against accidental contact.

     (3) Portable electric powered tools must meet the electrical requirements of chapter 296-307 WAC Part T.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-20505, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-20505, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-20505, filed 10/31/96, effective 12/1/96.]

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296-307-20510
What requirements apply to switches and controls on portable powered tools?

  (1) The following powered tools must have a constant pressure switch or control that will shut off the power when the pressure is released:

     • All hand-held powered circular saws with a blade diameter-greater than 2 inches;

     • Electric, hydraulic or pneumatic chain saws; and

     • Percussion tools without positive accessory holding means.

     All hand-held gasoline powered chain saws must have a constant pressure throttle control that will shut off the power to the saw chain when the pressure is released.

     (2) The following powered tools must have a constant pressure switch or control:

     • All hand-held powered drills, tappers, fastener drivers, and horizontal, vertical, and angle grinders with wheels greater than 2 inches in diameter;

     • Disc sanders with discs greater than 2 inches in diameter;

     • Belt sanders;

     • Reciprocating saws;

     • Saber, scroll, and jig saws with blade shanks greater than a nominal 1/4 inch; and

     • Other similarly operating powered tools.

     These tools may have a lock-on control if they can be turned off by a single motion of the same finger or fingers that turn it on.

     (3) The following powered tools must have either a positive on-off control, or other controls as described above:

     • All other hand-held powered tools, including:

     • Platen sanders;

     • Grinders with wheels 2 inches in diameter or less;

     • Disc sanders with discs 2 inches in diameter or less;

     • Routers;

     • Planers;

     • Laminate trimmers;

     • Nibblers;

     • Shears; and

     • Saber, scroll, and jig saws with blade shanks a nominal 1/4 inch wide or less.

     (a) Saber, scroll, and jig saws with nonstandard blade holders may use blades with shanks that are nonuniform in width, if the narrowest portion of the blade shank is an integral part in mounting the blade.

     (b) Blade shank width must be measured at the narrowest portion of the blade shank when saber, scroll, and jig saws have nonstandard blade holders.

     (c) "Nominal" in this section means .05 inch.

     (4) The operating control on hand-held power tools must be located to minimize the possibility of accidental operation that would constitute a hazard to employees.

Exception:

This section does not apply to concrete vibrators, concrete breakers, powered tampers, jack hammers, rock drills, garden appliances, household and kitchen appliances, personal care appliances, or to fixed machinery.

[97-09-013, recodified as § 296-307-20510, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-20510, filed 10/31/96, effective 12/1/96.]

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296-307-20515
What requirements apply to pneumatic powered tools and hose?

  (1) The operating trigger on portable pneumatic powered tools must be located to minimize the possibility of accidental operation and arranged to close the air inlet valve automatically when the operator removes pressure.

     (2) A tool retainer must be installed on each tool that would otherwise be ejected from the hose.

     (3) Hose and hose connections used for conducting compressed air to utilization equipment must be designed for the pressure and service to which they are subjected.



[97-09-013, recodified as § 296-307-20515, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-20515, filed 10/31/96, effective 12/1/96.]

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296-307-220
Power lawnmowers.

  



[97-09-013, recodified as § 296-307-220, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-220, filed 10/31/96, effective 12/1/96.]

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296-307-22003
What definitions apply to this section?

  "Blade tip circle" means the path described by the outermost point of the blade as it rotates about its shaft axis.

     "Catcher assembly" means a part that provides a means for collecting grass clippings or debris.

     "Deadman control" means a control designed to automatically interrupt power to a drive when the operator releases the control.

     "Guard" means a part for shielding a hazardous area of a machine.

     "Lowest blade position" means the lowest blade position when the mower is not in use.

     "Operator area" (walk-behind mowers) means a circular area behind the mower that is no smaller than 30 inches in diameter, the center of which is 30 inches behind the nearest blade tip circle.

     "Power reel mower" means a lawn-cutting machine with a power source that rotates one or more helically formed blades about a horizontal axis and creates a shearing action with a stationary cutter bar or bed knife.

     "Power rotary mower" means a lawn-cutting machine with a power source that rotates one or more cutting blades about a vertical axis.

     "Riding mower" means a powered, self-propelled lawn-cutting vehicle on which the operator rides and controls the machine.

     "Sulky type mower" means a walk-behind mower that has been converted to a riding mower by the addition of a sulky.

     "Walk-behind mower" means a mower either pushed or self-propelled and normally guided by the operator walking behind the unit.



[97-09-013, recodified as § 296-307-22003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22003, filed 10/31/96, effective 12/1/96.]

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296-307-22006
What are the general guarding requirements for power lawnmowers?

  (1) Walk-behind, riding-rotary, and reel power lawnmowers designed for use by employees must meet the design specifications in ANSI B71.1-1968.

Exception:

These specifications do not apply to sulky-type mowers, flail mowers, sickle-bar mowers, or mowers designed for commercial use.

     (2) All power-driven chains, belts, and gears must be positioned or guarded to prevent accidental contact with the operator during normal starting, mounting, and operation of the machine.

     (3) The motor must have a shutoff device that requires manual and intentional reactivation to restart the motor.

     (4) All positions of the operating controls must be clearly identified.

     (5) The words, "Caution -- Be sure the operating control(s) is in neutral before starting the engine," or similar wording must be clearly visible at an engine starting control point on self-propelled mowers.

     (6) All power lawn mowers must be used according to the manufacturer's instructions.



[97-09-013, recodified as § 296-307-22006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22006, filed 10/31/96, effective 12/1/96.]

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296-307-22009
What rules apply to walk-behind and riding rotary mowers?

  (1) The mower blade must be enclosed except on the bottom and the enclosure must extend to or below the lowest blade position.

     (2) Guards that must be removed to install a catcher assembly must meet the following requirements:

     (a) Warning instructions are attached to the mower near the opening stating that the mower must not be used without either the catcher assembly or the guard in place.

     (b) The mower is used only with either the catcher assembly or the guard in place.

     (c) The catcher assembly is properly and completely installed.

     (3) The word "caution" or stronger wording must be placed on the mower at or near each discharge opening.

     (4) Blade(s) must stop rotating from the manufacturer's specified maximum speed within 15 seconds after declutching, or shutting off power.



[97-09-013, recodified as § 296-307-22009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22009, filed 10/31/96, effective 12/1/96.]

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296-307-22012
What rules apply to walk-behind rotary mowers?

  (1) The horizontal angle of the grass discharge opening(s) in the blade enclosure must not contact the operator area.

     (2) There must be one of the following at all grass discharge openings:

     (a) A minimum of 3 inches between the end of the discharge chute and the blade tip circle; or

     (b) A rigid bar fastened across the discharge opening, secured to prevent removal without the use of tools. The bottom of the bar must be no higher than the bottom edge of the blade enclosure.

     (3) The highest point(s) on the blade enclosure front, except discharge-openings, must be a maximum of 1-1/4 inches above the lowest blade position. Mowers with a swingover handle are considered to have no front in the blade enclosure and therefore must comply with WAC 296-307-22009(1).

     (4) The mower handle must be fastened to the mower to prevent loss of control by unintentional uncoupling while in operation.

     (5) Mower handles must be locked in the normal operating position(s) so that they cannot be accidentally disengaged during normal mower operation.

     (6) A swingover handle must meet the requirements of this section.

     (7) Wheel drive disengaging controls, except deadman controls, must move opposite to the direction of the vehicle motion in order to disengage the drive. Deadman controls may operate in any direction to disengage the drive.

     (8) You must ensure that each walk-behind rotary mower has a positive constant-pressure device that requires the operator to hold the device in the "on" position to operate the mower. Using rope or string or other material to tie the constant pressure device in the "on" position is prohibited.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-22012, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-22012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22012, filed 10/31/96, effective 12/1/96.]

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296-307-22015
What rules apply to riding rotary mowers?

  (1) The highest point(s) of all openings in the blade enclosure front must be a maximum of 1 1/4 inches above the lowest blade position.

     (2) Opening(s) must not allow grass or debris to discharge directly toward the operator seated in normal operator position.

     (3) There must be one of the following at all grass discharge openings:

     (a) A minimum of 6 inches between the end of the discharge chute and the blade tip circle; or

     (b) A rigid bar fastened across the discharge opening secured to prevent removal without the use of tools. The bottom of the bar must be no higher than the bottom edge of the blade enclosure.

     (4) Mowers must have stops to prevent jackknifing or locking of the steering mechanism.

     (5) The mower must have brakes.

     (6) Hand-operated wheel drive disengaging controls must move opposite to the direction of vehicle motion in order to disengage the drive. Foot-operated wheel drive disengaging controls must be depressed to disengage the drive. Deadman controls, both hand and foot operated, may operate in any direction to disengage the drive.



[97-09-013, recodified as § 296-307-22015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22015, filed 10/31/96, effective 12/1/96.]

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296-307-225
Jacks.

  



[97-09-013, recodified as § 296-307-225, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-225, filed 10/31/96, effective 12/1/96.]

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296-307-22503
What definitions apply to this section?

  "Jack" means an appliance for lifting and lowering or moving horizontally a load using a pushing force.

Note:

Jack types include lever and ratchet, screw, and hydraulic.

     "Rating" means the maximum working load for which a jack is designed to lift the load safely throughout its travel.



[97-09-013, recodified as § 296-307-22503, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22503, filed 10/31/96, effective 12/1/96.]

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296-307-22506
How shall the rated load be marked on a jack?

  (1) The operator must make sure that the jack used has a load rating sufficient to lift and sustain the load.

     (2) The rated load must be legibly and permanently marked in a prominent location on the jack by casting, stamping, or other suitable means.

Note:

You should follow the manufacturer's specifications to raise the rated load of a jack.

[97-09-013, recodified as § 296-307-22506, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22506, filed 10/31/96, effective 12/1/96.]

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296-307-22509
What rules apply to the operation and maintenance of jacks?

  (1) If the foundation is not firm, you must block the base of the jack. If the cap might slip, you must place a block in between the cap and the load.

     (2) The operator must watch the stop indicator, which must be kept clean, in order to determine the limit of travel. The indicated limit must not be overrun.

     (3) After the load has been raised, it must immediately be cribbed, blocked, or otherwise secured. Working under a load raised only with jacks is prohibited.

     (4) Hydraulic jacks exposed to freezing temperatures must be supplied with an adequate antifreeze liquid.

     (5) All jacks must be properly lubricated at regular intervals. The lubricating instructions of the manufacturer should be followed, and only lubricants recommended by the manufacturer should be used.

     (6) You must ensure that each jack is thoroughly inspected according to the service conditions and at least:

     (a) For constant or intermittent use at one locality, once every 6 months;

     (b) For jacks sent out of shop for special work, when sent out and when returned;

     (c) For a jack subjected to abnormal load or shock, immediately before and immediately thereafter.

     (7) Repair or replacement parts must be examined for possible defects.

     (8) Jacks that are out of order must be tagged, and not be used until repaired.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-22509, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-22509, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22509, filed 10/31/96, effective 12/1/96.]

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296-307-230
What are the general requirements for materials handling and storage?

  (1) Safe clearances of three feet must be allowed for aisles, loading docks, doorways, and wherever turns or passage must be made. Passageways must be kept clear and in good repair, with no obstructions.

     (2) Bags, bales, boxes, and other containers stored in tiers must be made secure against sliding or collapse.

     (3) Storage areas must be kept free from any accumulation of materials that could cause tripping, fire, or explosion.

     (4) Employees must be instructed in proper lifting or moving techniques and methods. Mechanical devices or assistance in lifting must be used when moving heavy objects.

     (5) When removing material stored in piles, employees must remove material in a manner that maintains the stability of the pile and prevents collapse.

     (6) Storage areas must have proper drainage.

     (7) You must provide clearance signs to warn of clearance limits.

     (8) For powered industrial truck (forklift) requirements, see WAC 296-307-520.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-230, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-230, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-230, filed 10/31/96, effective 12/1/96.]

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296-307-232
What requirements apply to conveyors?

  Conveyors must be constructed, operated, and maintained according to ANSI B 20.1-1957.

     (1) When the return strand of a conveyor operates within seven feet of the floor, there must also be a trough strong enough to carry the weight resulting from a broken chain.

     (2) If the strands are over a passageway, a means must be provided to catch and support the ends of the chain in the event of a break.

     (3) When the working strand of a conveyor crosses within three feet of the floor level in passageways, a bridge must be provided for employees to cross over the conveyor.

     (4) Whenever conveyors pass adjacent to or over working areas or passageways, protective guards must be installed. These guards must be designed to catch and hold any load or materials that may fall off or dislodge and injure an employee.

     (5) Employees must be prohibited from walking on the rolls of roller-type conveyors. If employees must walk on roller-type conveyors because of an emergency, the conveyor must be shut off first.

     (6) Guards, screens, or barricades that are strong enough to prevent material from falling must be installed on all sides of the shaftway of elevator-type conveyors except at openings where material is loaded or unloaded. Automatic shaftway gates or suitable barriers must be installed at each floor level where material is loaded or unloaded from the platform.

     (7) Conveyors must have an emergency stopping device that can be reached from the conveyor. The device must be located near the material entrance to each chopper, mulcher, saw, or similar equipment. The device must be located so that it can stop the conveyor before an employee enters the point of operation of the machine fed by the conveyor.

Exception:

The emergency stopping device is not required where the conveyor leading into the equipment is under constant control of an operator with full view of the material entrance and the conveyor is located where the operator cannot fall onto it.

     (8) Where conveyors are over seven feet high, means must be provided to safely permit essential inspection and maintenance operations.

     (9) Any part showing signs of significant wear must be inspected carefully and replaced before it creates a hazard.

     (10) Replacement parts must be equal to or exceed the manufacturer's specifications.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-232, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-232, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-232, filed 10/31/96, effective 12/1/96.]

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296-307-240
Sanitation for fixed, indoor workplaces.

  



[97-09-013, recodified as § 296-307-240, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-240, filed 10/31/96, effective 12/1/96.]

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296-307-24001
Must an employer comply with state health regulations?

  You must comply with the rules and regulations of the state board of health governing sanitation in the workplace. We enforce these regulations according to RCW 43.20.050.



[97-09-013, recodified as § 296-307-24001, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24001, filed 10/31/96, effective 12/1/96.]

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296-307-24003
What does this section cover?

  WAC 296-307-240 covers sanitation for employees who normally work in fixed, indoor places of agricultural employment.

     A "fixed, indoor workplace" is one where the employees perform a majority of their duties at that site.

     This does not cover field employees who only occasionally enter a shop or other farm building as part of their normal duties. Field employees are covered by the field sanitation requirements of WAC 296-307-095.

     This section does not cover measures for the control of toxic materials.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-24003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-24003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24003, filed 10/31/96, effective 12/1/96.]

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296-307-24006
What definitions apply to this section?

  "Lavatory" means a basin used exclusively for washing hands, arms, face, and head.

     "Personal service room" means a room used for activities not directly connected with the business function of the employer. Such activities include but are not limited to, first aid, medical services, dressing, showering, toilet use, washing, and eating.

     "Potable water" means water that meets state or local quality standards for drinking water, or water that meets the quality standards of the Environmental Protection Agency's "National Interim Primary Drinking Water Regulations," published in 40 C.F.R., Part 141, and 40 C.F.R. 147.2400.

     "Toilet facility" means a fixture maintained within a toilet room for the purpose of defecation or urination, or both.

     "Toilet room" means a room maintained within or on the premises of any place of employment, containing toilet facilities for employee use.

     "Toxic material" means a material that exceeds a regulatory limit (such as in chapter 296-62 WAC), or toxicity that causes or is likely to cause death or serious physical harm.

     "Urinal" means a toilet facility maintained within a toilet room for the sole purpose of urination.

     "Water closet" means a toilet facility maintained within a toilet room for the purpose of both defecation and urination and which is flushed with water.

     "Wet process" means any process or operation in a workroom that normally results in walking or standing surfaces becoming wet.



[97-09-013, recodified as § 296-307-24006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24006, filed 10/31/96, effective 12/1/96.]

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296-307-24009
What housekeeping requirements apply to fixed, indoor workplaces?

  (1) You must ensure that all places of employment are kept clean to the extent that the work allows.

     (2) You must ensure that the floor of every workroom is kept as dry as possible. Where wet processes are used, you must maintain drainage. You must provide false floors, platforms, mats, or other dry standing places where practical, or provide appropriate waterproof footgear.

     (3) To facilitate cleaning, every floor, working place, and passageway must be kept free from protruding nails, splinters, loose boards and unnecessary holes and openings.

     (4) Cleaning and sweeping must be done to minimize dust in the air and when practical, done outside of working hours.



[97-09-013, recodified as § 296-307-24009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24009, filed 10/31/96, effective 12/1/96.]

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296-307-24012
How must the potable water supply be maintained?

  (1) You must provide potable water in all places of employment, for drinking, washing of the person, cooking, washing food, washing cooking or eating utensils, washing food preparation or processing premises, and for personal service rooms.

     (2) Potable drinking water dispensers must be maintained in sanitary condition, be closeable, and have a tap.

     (3) Open containers for drinking water from which the water must be dipped or poured, even if fitted with a cover, are prohibited.

     (4) A common drinking cup and other common utensils are prohibited.



[97-09-013, recodified as § 296-307-24012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24012, filed 10/31/96, effective 12/1/96.]

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296-307-24015
How must the nonpotable water supply be maintained?

  (1) You must ensure that nonpotable water is marked as unsafe and is not used for drinking, washing of the person, cooking, washing food, washing cooking or eating utensils, washing food preparation or processing premises, or personal service rooms, or for washing clothes.

     (2) Nonpotable water used for cleaning any other work premises must be free of concentrations of chemicals, fecal coliform, or other substances that could create unsanitary conditions or be harmful to employees.

     (3) Nonpotable water systems or systems carrying any other nonpotable substance must be constructed to prevent backflow or backsiphonage into a potable water system.



[97-09-013, recodified as § 296-307-24015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24015, filed 10/31/96, effective 12/1/96.]

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296-307-24018
What toilet facilities must an employer provide?

  (1) You must provide toilet facilities, with separate toilet rooms for each sex, according to the requirements in the table below. You must provide facilities for each sex based on the number of employees of that sex for whom facilities are furnished.

     (2) Where single-occupancy rooms have more than one toilet facility, only one facility in each toilet room counts toward these requirements.

     In this table, "number of employees" means the maximum number of employees present at any one time on a regular shift.

Number of employees	Minimum number of water closets
1 to 15	1
16 to 35	2
36 to 55	3
56 to 80	4
81 to 110	5
111 to 150	6
Over 150	One additional fixture for each additional 40 employees

     (3) Where toilet rooms are occupied by one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided.

     (4) Where toilet facilities will not be used by women, urinals may be provided instead of water closets, except that the number of water closets must not be less than 2/3 of the minimum specified.

     (5) The sewage disposal method must not endanger the health of employees.

     (6) Toilet paper with holder must be provided for every water closet.

     (7) Each water closet must occupy a separate compartment with a door and walls or partitions between fixtures high enough to ensure privacy.



[97-09-013, recodified as § 296-307-24018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24018, filed 10/31/96, effective 12/1/96.]

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296-307-24021
What washing facilities must an employer provide?

  You must provide facilities for maintaining personal cleanliness in the workplace. The facilities must be convenient for employees and maintained in a sanitary condition.



[97-09-013, recodified as § 296-307-24021, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24021, filed 10/31/96, effective 12/1/96.]

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296-307-24024
What requirements apply to lavatories?

  (1) You must ensure that lavatories are available in all workplaces.

     (2) Each lavatory must have hot and cold running water, or tepid running water.

     (3) You must provide hand soap or similar cleansing agent.

     (4) You must provide individual hand towels, warm air blowers, or clean individual sections of continuous cloth toweling convenient to the lavatories.



[97-09-013, recodified as § 296-307-24024, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24024, filed 10/31/96, effective 12/1/96.]

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296-307-24027
When must an employer provide change rooms?

  (1) Whenever employees are required by a WISHA standard to wear protective clothing because of the possibility of contamination with toxic materials, you must provide change rooms with separate storage facilities for street clothes and for the protective clothing.

     (2) If you provide work clothes for employees, they must be dry.



[97-09-013, recodified as § 296-307-24027, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24027, filed 10/31/96, effective 12/1/96.]

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296-307-24030
What requirements apply to consumption of food and beverages in the workplace?

  (1) This section applies to workplaces where employees may consume food, beverages, or both on the premises.

     (2) No employee may consume food or beverages in a toilet room nor in any area exposed to a toxic material.

     (3) If your workplace exposes employees to injurious dusts or other toxic materials, you must provide a separate lunchroom unless it is convenient for employees to lunch away from the premises. The size of the lunchroom must be based on the maximum number of persons using the room at one time, according to the following table.

Number of persons	Square feet per person
25 and less	13
26 - 74	12
75 - 149	11
150 and over	10

     (4) You must provide receptacles of smooth, corrosion resistant, easily cleanable, or disposable materials for the disposal of waste food. You must provide enough receptacles to encourage their use and to prevent overfilling. Receptacles must be emptied at least once a working day and maintained in sanitary condition. Receptacles must have a solid tight-fitting cover unless sanitary condition can be maintained without a cover.

     (5) No food or beverages may be stored in toilet rooms or in an area exposed to toxic material.

     (6) All employee food service facilities and operations must follow sound hygienic principles. If all or part of the food service is provided, the food dispensed must be wholesome and free from spoilage. Food must be processed, prepared, handled, and stored so as to prevent contamination.



[97-09-013, recodified as § 296-307-24030, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24030, filed 10/31/96, effective 12/1/96.]

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296-307-24033
How must waste be stored and removed?

  (1) You must ensure that any receptacle used for waste or garbage that may rot is constructed so that it does not leak and can be thoroughly cleaned and maintained in a sanitary condition. A receptacle must have a solid tight-fitting cover, unless it can be maintained in a sanitary condition without a cover. Receptacles designed to maintain sanitary condition may be used in place of this requirement.

     (2) All sweepings, solid or liquid wastes, refuse, and garbage must be removed to avoid creating a health menace, and as often as necessary to maintain the workplace in a sanitary condition.



[97-09-013, recodified as § 296-307-24033, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24033, filed 10/31/96, effective 12/1/96.]

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296-307-24036
When must an employer have a vermin control program?

  Every building with personal service, food preparation, or eating rooms must be constructed, equipped, and maintained to restrict infestation by rodents, insects, and other vermin. You must have a continuing and effective extermination program where vermin are present.



[97-09-013, recodified as § 296-307-24036, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24036, filed 10/31/96, effective 12/1/96.]

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296-307-250
Walking working surfaces, elevated walkways, and platforms.

  



[97-09-013, recodified as § 296-307-250, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-250, filed 10/31/96, effective 12/1/96.]

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296-307-25003
What definitions apply to this section?

  "Floor hole" means an opening with the smallest dimension between one and 12 inches, in any floor, platform, pavement, or yard, through which materials may fall but not people. Examples are a belt hole, pipe opening, or slot opening.

     "Floor opening" means an opening with the smallest dimension of 12 inches or more, in any floor, platform, pavement, or yard, through which people may fall. Examples are a hatchway, stair or ladder opening, pit, or large manhole. Floor openings occupied by elevators, dumb waiters, conveyors, machinery, or containers are excluded from this definition.

     "Handrail" means a single bar or pipe supported on brackets from a wall or partition to furnish persons with a handhold in case of tripping.

     "Platform" means a working space for people that is elevated above the surrounding floor or ground, such as a balcony or platform for the operation of machinery and equipment.

     "Runway" means a passageway used by people that is elevated above the surrounding floor or ground level, such as a footwalk along shafting or a walkway between buildings.

     "Standard railing" means a vertical barrier along exposed edges of a floor opening, wall opening, ramp, platform, or runway to prevent people from falling.

     "Standard strength and construction" means any construction of railings, covers, or other guards that meets the requirements of this section.

     "Stair railing" means a vertical barrier along exposed sides of a stairway to prevent people from falling.

     "Toeboard" means a vertical barrier at floor level along exposed edges of a floor opening, wall opening, platform, runway, or ramp to prevent materials from falling.

     "Wall hole" means an opening between one and 30 inches high, of any width, in any wall or partition, such as a ventilation hole or drainage scupper.

     "Wall opening" means an opening at least 30 inches high and 18 inches wide, in any wall or partition, through which people may fall, such as a yard-arm doorway or chute opening.



[97-09-013, recodified as § 296-307-25003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25003, filed 10/31/96, effective 12/1/96.]

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296-307-25006
When may railings be omitted?

  Railings may be omitted from sections of open-sided floors, platforms, or walkways where guard rails impair operations, if railings are replaced when they no longer impair operations.



[97-09-013, recodified as § 296-307-25006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25006, filed 10/31/96, effective 12/1/96.]

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296-307-25009
What protection must an employer provide for floor openings?

  (1) Every stairway floor opening must be guarded by a standard railing constructed according to this section. The railing must guard all exposed sides (except the entrance to the stairway). Infrequently used stairways where traffic across the opening prevents using a fixed standard railing (as when located in aisle spaces, etc.), may use an alternate guarding method. In these cases, the guard must have a hinged floor opening cover of standard strength and construction and removable standard railings on all exposed sides (except at the entrance to the stairway).

     (2) Every ladderway floor opening or platform must be guarded by a standard railing with standard toeboard on all exposed sides (except at the entrance to the opening). The passage through the railing must have either a swinging gate or offset so that a person cannot walk directly into the opening.

     (3) Every hatchway and chute floor opening must be guarded by one of the following:

     (a) A hinged floor opening cover of standard strength and construction with standard railings, or a permanent cover with only one side exposed. When the opening is not in use, the cover must be closed or the exposed side must be guarded at both the top and middle by removable standard railings.

     (b) A removable railing with toeboard on a maximum of two sides of the opening and with fixed standard railings and toeboards on all other exposed sides. The removable railings must be kept in place when the opening is not in use and should be hinged or mounted to be easily replaced.

     (4) When employees must feed material into any hatchway or chute opening, you must provide protection to prevent people from falling through the opening.

     (5) When practical, the area under floor openings must be fenced off. Otherwise, the area must be plainly marked with yellow lines and telltales hanging within 5-1/2 feet of the ground or floor level.

     (6) Where floor openings are used to drop materials from one level to another, audible warning systems must be installed and used to indicate to employees on the lower level when material is dropped.

     (7) Every skylight opening and hole must be guarded by a standard skylight screen or a fixed standard railing on all exposed sides.

     (8) Every infrequently used pit and trapdoor floor opening must be guarded by a floor opening cover of standard strength and construction that should be hinged in place. When the cover is not in place, the pit or trap opening must be constantly attended or protected on all exposed sides by removable standard railings.

     (9) Every manhole floor opening must be guarded by a standard manhole cover. The manhole cover may be left unhinged. When the cover is removed, the manhole opening must be constantly attended or protected by removable standard railings.

     (10) Every temporary floor opening must have standard railings or must be constantly attended.

     (11) Every floor hole that people can accidentally walk into must be guarded by either:

     (a) A standard railing with standard toeboard on all exposed sides; or

     (b) A floor hole cover of standard strength and construction that should be hinged in place. While the cover is not in place, the floor hole must be constantly attended or protected by a removable standard railing.

     (12) Every floor hole surrounded by fixed machinery, equipment, or walls that prevent people from walking into it, must be protected by a cover that leaves openings a maximum of one inch wide. The cover must be securely held in place to prevent tools or materials from falling through.

     (13) Where doors or gates open directly on a stairway, a platform must be provided so that the swing of the door does not reduce the platform width to less than 20 inches.



[97-09-013, recodified as § 296-307-25009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25009, filed 10/31/96, effective 12/1/96.]

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296-307-25012
What protection must an employer provide for wall openings and holes?

  (1) Every wall opening from which there is a drop of more than 4 feet must be guarded by one of the following:

     (a) A rail, roller, picket fence, half door, or equivalent barrier.

     The guard may be removable but should be hinged or mounted so it can be easily replaced. When employees working below the opening are exposed to falling materials, a removable toeboard or the equivalent must also be provided. When the opening is unused, the guard must be kept in position even with a door on the opening. In addition, a grab handle must be provided on each side of the opening with its center approximately 4 feet above floor level and of standard strength and mounting.

     (b) An extension platform onto which materials can be hoisted for handling, and that has side rails or equivalent guards of standard specifications.

     (2) Every chute wall opening from which there is a drop of more than 4 feet must be guarded according to subsection (1) of this section or as required by the conditions.

     (3) Every window wall opening at a stairway landing, floor, platform, or balcony, from which there is a drop of more than 4 feet, and where the bottom of the opening is less than 3 feet above the platform or landing, must be guarded by standard slats, standard grillwork according to WAC 296-307-25042(3), or a standard railing.

     Where the window opening is below the landing, or platform, a standard toeboard must be provided.

     (4) Every temporary wall opening must have adequate guards that may be of less than standard construction.

     (5) Where there is a hazard of materials falling through a wall hole, and the lower edge of the near side of the hole is less than 4 inches above the floor, and the far side of the hole is more than 5 feet above the next lower level, the hole must be protected by a standard toeboard or a solid enclosing screen, or according to WAC 296-307-25042(3).



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-25012, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-25012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25012, filed 10/31/96, effective 12/1/96.]

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296-307-25015
What protection must an employer provide for open-sided floors, platforms, and runways?

  (1) Every open-sided floor or platform 4 feet or more above an adjacent floor or ground level must be guarded by a standard railing (or the equivalent according to WAC 296-307-25027) on all open sides, except where there is an entrance to a ramp, stairway, or fixed ladder. The railing must have a toeboard wherever, beneath the open sides:

     (a) A person can pass; or

     (b) There is moving machinery; or

     (c) Materials falling onto equipment would create a hazard.

     (2) Every runway must be guarded by a standard railing (or the equivalent according to WAC 296-307-25027) on all open sides that are 4 feet or more above floor or ground level. Wherever tools, machine parts, or materials are likely to be used on the runway, a toeboard must also be provided on each exposed side.

     Runways used exclusively for special purposes (such as oiling, shafting, or filling tank cars) may have the railing on one side omitted when operating conditions require, if the hazard is minimized by using a runway at least 18 inches wide. Where people entering runways become exposed to machinery, electrical equipment, or hazards other than from falling, additional guarding may be necessary.

     (3) Regardless of height, all open-sided floors, walkways, platforms, or runways above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units, or similar hazardous equipment, must be guarded with a standard railing and toeboard.

     (4) Tools and loose materials must not be left on overhead platforms and scaffolds.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-25015, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-25015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25015, filed 10/31/96, effective 12/1/96.]

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296-307-25018
What requirements apply to stairway railings and guards?

  (1) Every flight of stairs having four or more risers must have standard stair railings or standard handrails as follows (stairway widths measured clear of all obstructions except handrails):

     (a) Stairways less than 44 inches wide with both sides enclosed must have at least one handrail, preferably on the right side descending.

     (b) Stairways less than 44 inches wide with one side open must have at least one stair railing on the open side.

     (c) Stairways less than 44 inches wide with both sides open must have one stair railing on each side.

     (d) Stairways more than 44 inches wide but less than 88 inches wide must have one handrail on each enclosed side and one stair railing on each open side.

     (e) Stairways 88 or more inches wide must have one handrail on each enclosed side, one stair railing on each open side, and one intermediate stair railing at the approximate middle.

Exception:

Vehicle service pit stairways are exempt from this requirement if hand or stair rails would prevent vehicle movement into position over the pit.

     (2) Winding stairs must have a handrail that prevents walking on all portions of the treads that are less than 6 inches wide.

     (3) Nonindustrial and "monumental" steps are exempt from the requirements of this section. However, public and private building steps at loading or receiving docks, in maintenance areas, etc., and stairs used exclusively by employees, must meet the requirements of this section.



[97-09-013, recodified as § 296-307-25018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25018, filed 10/31/96, effective 12/1/96.]

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296-307-25021
How must a standard railing be constructed?

  A standard railing must meet the following requirements:

     (1) The railing has a top rail, intermediate rail, and posts.

     (2) The railing height is between thirty-six and forty-two inches nominal from the upper surface of the top rail to the floor, platform, runway, or ramp level.

     (3) The top rail is smooth.

     (4) The intermediate rail is approximately halfway between the top rail and the floor, platform, runway, or ramp.

     (5) The ends of the rails do not overhang the terminal posts except where the overhang does not create a hazard.

     (6) Guardrails taller than 42 inches are constructed so they do not create a hazard. Additional mid-rails are installed so that openings beneath the top rail prevent a spherical object with a 19-inch or larger diameter from falling through.



[97-09-013, recodified as § 296-307-25021, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25021, filed 10/31/96, effective 12/1/96.]

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296-307-25024
How must a stair railing be constructed?

  A stair railing must be constructed similar to a standard railing. The stair railing must be between 34 and 30 inches tall measured from the top of the top rail to the tread surface meeting the face of the riser at the forward edge of the tread.



[97-09-013, recodified as § 296-307-25024, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25024, filed 10/31/96, effective 12/1/96.]

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296-307-25027
What are the requirements for railing dimensions?

  Standard railings must meet the following requirements:

     (1) For wood railings:

     (a) The posts are of at least two inch by four inch nominal stock spaced six feet apart or less; and

     (b) The top and intermediate rails are of at least two inch by four inch nominal stock.

     (c) If the top rail is made of two right-angle pieces of 1-inch by 4-inch stock, posts are spaced on 8-foot centers, with 2-inch by 4-inch intermediate rail.

     (2) For pipe railings:

     (a) The posts and top and intermediate railings are at least 1-1/2 inches nominal diameter (outside diameter); and

     (b) The posts are spaced on centers of eight feet or less.

     (3) For structural steel railings:

     (a) The posts and top and intermediate rails are of 2-inch by 2-inch by 3/8-inch angles or other metal shapes of equivalent bending strength; and

     (b) The posts are spaced on centers of eight feet or less.

     (4) Post anchors and framing parts for all railings are constructed so that the completed structure can withstand a load of at least two hundred pounds applied in any direction at any point on the top rail.

     (5) Other types, sizes, and arrangements of railing construction that meet the following requirements are acceptable:

     (a) The top rail is smooth;

     (b) The top rail is between thirty-six and forty-two inches nominal above the floor, platform, runway, or ramp level;

     (c) The railing is strong enough to withstand two hundred pounds of pressure on the top rail;

     (d) The railing provides protection between the top rail and the floor, platform, runway, ramp, or stair treads, equivalent to that of a standard intermediate rail;

     (e) There are no overhanging rail ends unless the overhang does not create a hazard; such as baluster railings, scrollwork railings, or paneled railings.

Note:

The dimensions specified are based on the U.S. Department of Agriculture Wood Handbook, No. 72, 1955 (No. 1 (S4S) Southern Yellow Pine (Modulus of Rupture 7,400 psi)) for wood; ANSI G 41.5-1970, American National Standard Specifications for Structural Steel, for structural steel; and ANSI B 125.1-1970, American National Standard Specifications for Welded and Steamless Steel Pipe, for pipe.

[97-09-013, recodified as § 296-307-25027, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25027, filed 10/31/96, effective 12/1/96.]

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296-307-25030
What requirements apply to toeboards?

  (1) Standard toeboard height is at least four inches nominal from its top edge to the level of the floor, platform, runway, or ramp. The toeboard must be securely fastened in place and with a maximum of 1/4 inch clearance above floor level. It must be made of any substantial material that is either solid or with openings that are a maximum of one inch in diameter.

     (2) Where material is piled high enough that a standard toeboard does not provide protection, paneling from the floor to the intermediate rail, or to the top rail, must be provided.



[97-09-013, recodified as § 296-307-25030, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25030, filed 10/31/96, effective 12/1/96.]

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296-307-25033
How must handrails and railings be constructed?

  (1) A handrail must have a horizontal part mounted directly on a wall or partition by brackets attached to the lower side of the handrail. The brackets must be attached to ensure that there is a smooth surface along the top and both sides of the handrail. The handrail must be rounded or otherwise provide an adequate handhold for anyone grasping it to avoid falling. The ends of the handrail should be turned in to the supporting wall or arranged to prevent a projection hazard.

     (2) Handrails must be a maximum of thirty-four inches high and at least thirty inches from the upper surface of the handrail to the surface of the tread in line with the face of the riser or to the surface of the ramp.

     (3) The size of handrails must be:

     (a) For hardwood, at least two inches in diameter.

     (b) For metal pipe, at least 1-1/2 inches in diameter.

     (4) Brackets must be spaced a maximum of eight feet apart.

     (5) Handrail mounting must be strong enough to withstand a load of at least two hundred pounds applied in any direction at any point on the rail.

     (6) All handrails and railings shall have a clearance of at least 1-1/2 inches between the handrail or railing and the wall or any other object.



[97-09-013, recodified as § 296-307-25033, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25033, filed 10/31/96, effective 12/1/96.]

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296-307-25036
What materials may be used for floor opening covers?

  Floor opening covers must be made of any material that meets the following strength requirements:

     (1) Trench or conduit covers and their supports, when located in plant roadways, must be designed to carry a truck rear-axle load of at least 20,000 pounds.

     (2) Manhole covers and their supports, when located in plant roadways, must meet local standard highway requirements if any; otherwise, they must be designed to carry a truck rear-axle of at least 20,000 pounds.

     (3) Other floor opening covers must be made of any material that can carry a truck rear-axle load of at least 20,000 pounds. Covers may project a maximum of one inch above the floor level if all edges are chamfered to a maximum angle with the horizontal of thirty degrees. All hinges, handles, bolts, or other parts must set flush with the floor or cover surface.



[97-09-013, recodified as § 296-307-25036, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25036, filed 10/31/96, effective 12/1/96.]

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296-307-25039
How must skylight screens be constructed and mounted?

  Skylight screens must be constructed and mounted to withstand a load of at least two hundred pounds applied perpendicularly anywhere on the screen. Skylight screen must be constructed and mounted so that, under ordinary loads or impacts, they will not deflect downward enough to break the glass below them. They must be constructed of grillwork with openings a maximum of four inches long or of slatwork with openings a maximum of two inches wide and any length.



[97-09-013, recodified as § 296-307-25039, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25039, filed 10/31/96, effective 12/1/96.]

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296-307-25042
What protection must an employer provide for wall openings?

  (1) Wall opening barriers (rails, rollers, picket fences, and half doors) must be constructed and mounted, to withstand a load of at least two hundred pounds applied in any direction (except upward) at any point on the top rail.

     (2) Wall opening grab handles must be at least twelve inches long and must be mounted to give 1-1/2 inches clearance from the side framing of the wall opening. The size, material, and anchoring of the grab handle must form a structure that can withstand a load of at least two hundred pounds applied in any direction at any point of the handle.

     (3) Wall opening screens must be constructed and mounted to withstand a load of at least two hundred pounds applied horizontally anywhere on the near side of the screen. They must be of solid construction, of grillwork with openings a maximum of four inches long, or of slatwork with openings a maximum of two inches wide and any length.



[97-09-013, recodified as § 296-307-25042, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25042, filed 10/31/96, effective 12/1/96.]

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296-307-260
Fixed industrial stairs.

  



[97-09-013, recodified as § 296-307-260, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-260, filed 10/31/96, effective 12/1/96.]

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296-307-26003
What does this section cover?

  WAC 296-307-260 covers the safe design and construction of fixed general industrial stairs. Fixed general industrial stairs includes interior and exterior stairs around machinery, tanks, and other equipment, and stairs leading to or from floors, platforms, or pits.

     This section does not apply to stairs used for fire exits, to construction operations, to private buildings or residences, or to articulated stairs that are installed on floating roof tanks or on dock facilities, where the angle changes with the rise and fall of the base support.

     Stairs of public and private buildings at loading or receiving docks, in maintenance areas, etc., or stairs that are used exclusively by employees, are considered "fixed industrial steps" and must meet these requirements.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-26003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-26003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26003, filed 10/31/96, effective 12/1/96.]

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296-307-26006
What definitions apply to this section?

  "Nose or nosing" means the part of a tread projecting beyond the face of the riser immediately below.

     "Open riser" means the air space between the treads of stairways without risers.

     "Platform" means an extended step or landing breaking a continuous run of stairs.

     "Railing" means a vertical barrier erected along exposed sides of stairways and platforms to prevent people from falling. The top part of the railing usually serves as a handrail.

     "Rise" means the vertical distance from the top of a tread to the top of the next higher tread.

     "Riser" means the upright part of a step at the back of a lower tread and near the leading edge of the next higher tread.

     "Stairs or stairway" means a series of steps. A series of steps and landings having three or more risers constitutes stairs or a stairway.

     "Tread" means the horizontal part of a step.

     "Tread run" means the horizontal distance from the leading edge of a tread to the leading edge of an adjacent tread.

     "Tread width" means the horizontal distance from front to back of tread, including nosing.



[97-09-013, recodified as § 296-307-26006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26006, filed 10/31/96, effective 12/1/96.]

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296-307-26009
Where are fixed stairs required?

  Fixed stairs must be provided for:

     (1) Employee access from one structure level to another where operations require regular travel between levels.

     (2) Employee access to operating platforms on any equipment that requires regular attention during operations.

     (3) Employees that need daily access to elevations, or access at each shift, for purposes such as gauging, inspection, regular maintenance, etc., where:

     (a) The work may expose employees to acids, caustics, gases, or other harmful substances; or

     (b) Employees must normally carry tools or equipment by hand.

Note:

This section does not prohibit the use of fixed ladders for access to elevated tanks, towers, and similar structures, overhead traveling cranes, etc., where the use of fixed ladders is common practice.

[97-09-013, recodified as § 296-307-26009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26009, filed 10/31/96, effective 12/1/96.]

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296-307-26012
Where are spiral stairs prohibited?

  Spiral stairways are prohibited except for special limited use and secondary access when a conventional stairway is not practical. Winding stairways may be installed on tanks and similar round structures where the diameter of the structure is a minimum of five feet.



[97-09-013, recodified as § 296-307-26012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26012, filed 10/31/96, effective 12/1/96.]

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296-307-26015
How strong must fixed stairs be?

  Fixed stairways must be designed and constructed to carry a load of five times the normal live load anticipated, and must be at least strong enough to carry safely a moving concentrated load of 1,000 pounds.



[97-09-013, recodified as § 296-307-26015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26015, filed 10/31/96, effective 12/1/96.]

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296-307-26018
How wide must fixed stairs be?

  Fixed stairways must be at least 22 inches wide.



[97-09-013, recodified as § 296-307-26018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26018, filed 10/31/96, effective 12/1/96.]

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296-307-26021
What angles may stairways be installed at?

  (1) Fixed stairs must be installed at angles to the horizontal of between thirty and fifty degrees. Any uniform combination of rise/tread dimensions may be used that will provide a stairway at an angle within the permissible range.

     The following table lists examples of rise/tread dimensions that will produce a stairway within the permissible range. Rise/tread combinations are not limited to those in the table.

	Angle to horizontal	Rise (in inches)	Tread run (in inches)
	30°35'	6-1/2	11
	32°08'	6-3/4	10-3/4
	33°41'	7	10-1/2
	35°16'	7-1/4	10-1/4
	36°52'	7-1/2	10
	38°29'	7-3/4	9-3/4
	40°08'	8	9-1/2
	41°44'	8-1/4	9-1/4
	43°22'	8-1/2	9
	45°00'	8-3/4	8-3/4
	46°38'	9	8-1/2
	48°16'	9-1/4	8-1/4
	49°54'	9-1/2	8

     (2) A permanent stairway may be installed at an angle above the fifty degree critical angle when space limitations require. Such installations (commonly called inclined ladders or ships ladders) must have handrails on both sides and open risers. They must be capable of sustaining a live load of one hundred pounds per square foot with a safety factor of four. The following preferred and critical angles from the horizontal are recommended for inclined ladders and ships ladders:

     (a) 35 to 60 degrees -- Preferred angle from horizontal.

     (b) 60 to 70 degrees -- Critical angle from horizontal.



[97-09-013, recodified as § 296-307-26021, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26021, filed 10/31/96, effective 12/1/96.]

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296-307-26024
What requirements apply to stair treads?

  (1) When risers are used, each tread and the top landing of a stairway should have a nose extending 1/2 to one inch beyond the face of the lower riser.

     (2) Noses should have an even leading edge.

     (3) All treads must be reasonably slip-resistant and the nosings must be of nonslip finish. Welded bar grating treads without nosings are acceptable if the leading edge can easily be identified by employees descending the stairway and the tread is serrated or is nonslip.

     (4) Rise height and tread width must be uniform throughout any flight of stairs including any foundation structure used as one or more treads of the stairs.



[97-09-013, recodified as § 296-307-26024, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26024, filed 10/31/96, effective 12/1/96.]

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296-307-26027
What requirements apply to the length of stairways?

  Long flights of stairs, unbroken by landings or intermediate platforms, should be avoided. You should consider providing intermediate platforms where practical and for frequently used stairways. Stairway platforms must be at least as wide as the stairway and at least 30 inches long, measured in the direction of travel.



[97-09-013, recodified as § 296-307-26027, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26027, filed 10/31/96, effective 12/1/96.]

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296-307-26030
What requirements apply to railings and handrails on fixed stairs?

  Standard railings must be provided on the open sides of all exposed stairways and stair platforms. Handrails must be provided on at least one side of closed stairways, preferably on the right side descending. Stair railings and handrails must be installed according to WAC 296-307-250.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-26030, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-26030, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26030, filed 10/31/96, effective 12/1/96.]

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296-307-26033
What requirements apply to alternating tread-type stairs?

  "Alternating tread-type stairs" means stairs with a series of steps between 50 and 70 degrees from horizontal, attached to a center support rail in an alternating manner so that a user of the stairs never has both feet at the same level at the same time.

     (1) Alternating tread-type stairs must be designed, installed, used, and maintained according to the manufacturer's specifications, and must have the following:

     (a) Stair rails on all open sides;

     (b) Handrails on both sides of enclosed stairs;

     (c) Stair rails and handrails that provide an adequate handhold for a user grasping it to avoid a fall;

     (d) A minimum of 17 inches between handrails;

     (e) A minimum width of 22 inches overall;

     (f) A minimum tread depth of 8 inches;

     (g) A minimum tread width of 7 inches; and

     (h) A maximum rise of 9 1/2 inches to the tread surface of the next alternating tread.

     (2) Alternating tread-type stairs must have a maximum 20-foot continuous rise. Where more than a 20-foot rise is necessary to reach the top of a required stair, one or more intermediate platforms must be provided according to WAC 296-307-26027.

     (3) Stairs and platforms must be installed so the top landing of the alternating tread stair is flush with the top of the landing platform.

     (4) Stair design and construction must sustain a load of at least five times the normal live load, and be at least strong enough to carry safely a moving concentrated load of 1,000 pounds.

     (5) Treads must have slip-resistant surfaces.

     (6) Where a platform or landing is used, the width must be at least as wide as the stair and at least 30-inches deep in the direction of travel. Stairs must be flush with the top of the landing platform.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-26033, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-26033, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26033, filed 10/31/96, effective 12/1/96.]

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296-307-26036
What other requirements apply to fixed stairs?

  (1) Vertical clearance above any stair tread to an overhead obstruction must be at least 7 feet measured from the leading edge of the tread.

     (2) Stairs with treads less than 9 inches wide should have open risers.

     (3) Open grating type treads are desirable for outside stairs.



[97-09-013, recodified as § 296-307-26036, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26036, filed 10/31/96, effective 12/1/96.]

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296-307-270
Aerial manlift equipment.

  



[97-09-013, recodified as § 296-307-270, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-270, filed 10/31/96, effective 12/1/96.]

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296-307-27005
What requirements apply to aerial manlift equipment?

  (1) We will accept safety factor test data on working or structural components from one of the following as evidence that a manlift meets minimum safety requirements:

     (a) The manufacturer;

     (b) A competent testing laboratory;

     (c) A registered engineering firm; or

     (d) A registered engineer.

     If, after use, it appears doubtful whether this equipment will meet the above requirements, we may require that tests be conducted, and we may order that you make corrections.

     (2) All aerial manlifts must have working brake systems.

     (3) Automatic apertures must be installed in the hydraulic systems of aerial manlifts to maintain the boom in position in case any part of the hydraulic pressure system fails.

     (4) Controls must be guarded by partial enclosures to minimize accidental contact.

     (5) The manufacturer's recommended maximum load limit must be posted conspicuously near the controls and must be kept in a legible condition.

     (6) All critical hydraulic and pneumatic components must meet the provisions of ANSI A92.2-1969, Section 4.9 Bursting Safety Factor. Critical components are those which, in case of failure, would cause a free fall or free rotation of the boom. All noncritical components must have a bursting safety factor of at least two to one.



[97-09-013, recodified as § 296-307-27005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-27005, filed 10/31/96, effective 12/1/96.]

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296-307-27010
What requirements apply to using aerial manlift equipment?

  (1) The manufacturer's instructional manual, if any, must be used to establish the proper operational sequences and maintenance procedures. If there is no manual, you must develop instructions. The instructions must be available for reference by operators.

     (2) The assigned operator must make a daily visual inspection and perform the tests recommended by the manufacturer.

     (3) Only employees qualified by training or experience may operate aerial manlifts.

     (4) Employees must report defective aerial manlift equipment to you as soon as identified. Using defective equipment is prohibited when the defect may cause an accident.

     (5) When moving to and from the job site, the basket of the manlift must be in the low position.

     (6) Unsafe practices are prohibited, such as, sitting or standing on the basket edge, standing on material placed across the basket, or working from a ladder set inside the basket.

     (7) The basket must not be rested on a fixed object so that the weight of the boom is supported by the basket.

     (8) The employee and the aerial manlift equipment must maintain distance from high voltage lines according to WAC 296-307-150.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-27010, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-27010, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-27010, filed 10/31/96, effective 12/1/96.]

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296-307-280
Guarding power transmission machinery.

  



[97-09-013, recodified as § 296-307-280, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-280, filed 10/31/96, effective 12/1/96.]

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296-307-28002
What power transmission belts are covered by this section?

  WAC 296-307-280 covers all types and shapes of power transmission belts.

Exception:

The following power transmission belts are exempt from WAC 296-307-280 when operating at 250 feet per minute or less:

	(1) Flat belts that are one inch wide or less.
	(2) Flat belts that are 2" wide or less and are free from metal lacings or fasteners.
	(3) Round belts that are 1/2" in diameter or less.
	(4) Single strand V-belts that are 13/32" wide or less.

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28002, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28002, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-28002, filed 10/31/96, effective 12/1/96.]

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296-307-28004
What does "guarded by location" mean?

  "Guarded by location" means that the location of a component eliminates potential hazards. A component seven feet or more above a working surface is considered guarded by location.



[97-09-013, recodified as § 296-307-28004, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28004, filed 10/31/96, effective 12/1/96.]

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296-307-28006
What general requirements apply to machine guarding?

  (1) All power transmission components must be guarded according to the requirements of this section.

     (2) You must protect employees from coming into contact with moving machinery parts by:

     (a) A guard or shield or guarding by location; or

     (b) A guardrail or fence whenever a guard or shield or guarding by location is infeasible.

     (3) Strength and design of guards.

     (a) Guards must be designed and located to prevent inadvertent contact with the hazard.

     (b) Unless otherwise specified, each guard and its supports must be strong enough to withstand the force that a 250 pound person would exert leaning on or falling against the guard.

     (c) Guards must be securely fastened to the equipment or building.

     (4) A guard or shield on stationary equipment must be provided at the mesh point or pinch point where the chain or belt contacts the sprocket or pulley.

     (5) Machines that will throw stock, material, or objects must be covered or provided with a device designed and constructed to minimize this action. (Machines such as rip saws, rotary mowers and beaters, rotary tillers are included in this classification.)

     (6) For requirements relating to the control of hazardous energy (lockout-tagout) see WAC 296-307-320.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28006, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-28006, filed 10/31/96, effective 12/1/96.]

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296-307-28014
What requirements apply to prime-mover guards?

  "Flywheels" include flywheels, balance wheels, and flywheel pulleys mounted and revolving on crankshaft of engine or other shafting.

     "Prime movers" include steam, gas, oil, and air engines, motors, steam and hydraulic turbines, and other equipment used as a source of power.

     (1) Unless guarded by location, flywheels must be guarded according to the following requirements:

     (a) Guard enclosures are made of sheet, perforated, or expanded metal, or woven wire.

     (b) Guard rails are between 15 and 20 inches from the rim. When a flywheel extends into a pit or is within 12 inches of the floor, a standard toeboard is provided.

     (c) When the upper rim of a flywheel extends through a working floor, it is surrounded by a guardrail and toeboard.

     (d) Exception: When a flywheel with a smooth rim 5 feet or less in diameter cannot be guarded by the above methods, you must guard by meeting the following requirements:

     On the exposed side, cover the flywheel spokes with a disk that makes a smooth surface and edge, and provides for inspection. You may leave an open space, less than 4 inches wide, between the outside edge of the disk and the rim of the wheel, to turn the wheel over. If you use a disk, keys or other projections left uncovered by the projections shall be cut off or covered.

Note:

This exception does not apply to flywheels with solid web centers.

     (e) At the flywheel of a gas or oil engine, you may provide an adjustable guard for starting the engine or for running adjustment. A slot opening for a jack bar is permitted.

     (f) For flywheels above working areas, you must install guards that are strong enough to hold the weight of the flywheel if the shaft or wheel mounting fails.

     (2) Cranks and connecting rods, when exposed to contact, must be guarded according to WAC 296-307-28046 and 296-307-28048, or by a guardrail according to WAC 296-307-28060.

     (3) Tail rods or extension piston rods must be guarded according to WAC 296-307-28046 and 296-307-28048, or by a guardrail on the sides and end, with a clearance of between 15 and 20 inches when rod is fully extended.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28014, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28014, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28014, filed 10/31/96, effective 12/1/96.]

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296-307-28016
What requirements apply to guarding shafting?

  Revolving shafts must be guarded by a standard safeguard unless guarded by location.

     (1) All shafting must be secured against excessive end movement.

     (2) Guarding horizontal shafting.

     (a) Unless guarded by location, all exposed parts of horizontal shafting, must be enclosed in a guard that covers the shafting completely or by a trough that covers the sides and top or sides and bottom of the shafting as location requires.

     (b) Shafting under bench machines must be enclosed by a guard that covers the shafting completely or by a trough that covers the sides and top or sides and bottom of the shafting as location requires. The sides of the trough must extend to at least 6 inches from the underside of table. If shafting is near the floor, the trough must extend to at least 6 inches from the floor. In every case, the sides of trough must extend at least 2 inches beyond the shafting or projection.

Exception:

Maintenance runways are exempt from this requirement. "Maintenance runway" means any permanent runway or platform used for oiling, maintenance, running adjustment, or repair work, but not for passageway.

     (3) Unless guarded by location, vertical and inclined shafting must be enclosed according to WAC 296-307-28046 and 296-307-28050 through 296-307-28060.

Exception:

Maintenance runways are exempt from this requirement.

     (4) Projecting shaft ends.

     (a) Projecting shaft ends must have a smooth edge and end and must not project more than one-half the diameter of the shaft unless guarded by nonrotating caps or safety sleeves.

     (b) Unused keyways must be filled up or covered.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28016, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28016, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28016, filed 10/31/96, effective 12/1/96.]

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296-307-28018
What requirements apply to guarding pulleys?

  (1) Unless guarded by location, pulleys must be guarded according to WAC 296-307-28046 and 296-307-28050 through 296-307-28060. Pulleys serving as balance wheels (e.g., punch presses) on which the point of contact between belt and pulley is more than 6 feet 6 inches from the floor or platform may be guarded with a disk covering the spokes.

     (2) If the distance to the nearest fixed pulley, clutch, or hanger is equal to or less than the width of the belt, then you must provide a guide to prevent the belt from leaving the pulley on the side where insufficient clearance exists.

     (3) Where there are overhanging pulleys on line, jack, or countershafts with no bearing between the pulley and the outer end of the shaft, you should provide a guide to prevent the belt from running off the pulley.

     (4) Pulleys with cracks, or pieces broken out of rims are prohibited.

     (5) Pulleys must be designed and balanced for the operating speed.

     (6) Composition or laminated wood pulleys must not be installed where they are likely to deteriorate.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28018, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28018, filed 10/31/96, effective 12/1/96.]

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296-307-28020
What requirements apply to guarding horizontal belt, rope, and chain drives?

  "Belts" include all power transmission belts, such as flat belts, round belts, V-belts, etc., unless otherwise specified.

     (1) Where both runs of horizontal belts are 7 feet or less from the floor level, the guard must extend to at least 15 inches above the belt or to a standard height. (See Table P-1.)

Exception:

Where both runs of a horizontal belt are 42 inches or less from the floor, the belt must be fully enclosed according to WAC 296-307-28046 and 296-307-28050 through 296-307-28060.

     (2) In power development rooms, a guardrail may be used instead of the guard.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28020, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28020, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28020, filed 10/31/96, effective 12/1/96.]

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296-307-28022
What requirements apply to guarding overhead horizontal belt, rope, and chain drives?

  (1) Unless guarded by location, overhead horizontal belts must be guarded on the sides and bottom according to WAC 296-307-28054.

     (2) Unless guarded by location, horizontal overhead belts must be guarded for their entire length when:

     (a) Located over passageways or work places and traveling 1,800 feet or more per minute.

     (b) The center to center distance between pulleys is 10 feet or more.

     (c) The belt is 8 inches wide or more.

     (3) Where the upper and lower runs of horizontal belts are located so that employees can pass between them, the passage must be either:

     (a) Completely barred according to WAC 296-307-28046 and 296-307-28050 through 296-307-28060; or

     (b) In a passage that employees must use, there must be a platform over the lower run guarded on either side by a railing that is completely filled in with wire mesh or other filler, or by a solid barrier. The upper run must be guarded to prevent contact by the employee or by objects carried by the employee.

     (4) Overhead chain and link belt drives must be guarded according to the same requirements as overhead horizontal belts.

     (5) American or continuous system rope drives located where the condition of the rope (particularly the splice) cannot be constantly and conveniently observed, must have an alarm (preferably electric-bell type) that will warn when the rope begins to fray.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28022, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28022, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28022, filed 10/31/96, effective 12/1/96.]

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296-307-28024
What requirements apply to guarding vertical and inclined belts?

  (1) Vertical and inclined belts must be guarded according to WAC 296-307-28044 and 296-307-28050 through 296-307-28060.

     (2) All guards for inclined belts must provide a minimum clearance of 7 feet between belt and floor at any point outside of the guard.

     (3) A vertical or inclined belt may be guarded with a nip-point belt and pulley guard, if it is:

     (a) 2-1/2 inches wide or less;

     (b) Running at a speed of less than one thousand feet per minute; and

     (c) Free from metal lacings or fastenings.

     "Nip-point belt and pulley guard" means a device that encloses the pulley and has rounded or rolled edge slots through which the belt passes.

     (4) Vertical belts running over a lower pulley more than seven feet above floor or platform must be guarded according to the same requirements as horizontal overhead belts, if the belt is:

     (a) Located over passageways or work places and traveling 1,800 feet or more per minute;

     (b) Eight inches wider or more.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28024, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28024, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28024, filed 10/31/96, effective 12/1/96.]

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296-307-28026
What requirements apply to guarding cone-pulley belts?

  (1) The cone belt and pulley must have a belt shifter that adequately guards the nip point of the belt and pulley. If the frame of the belt shifter does not adequately guard the nip point of the belt and pulley, the nip point must be protected by a vertical guard in front of the pulley that extends at least to the top of the largest step of the cone.

     "Belt shifter" means a device for mechanically shifting belts from tight to loose pulleys or vice versa, or for shifting belts on cones of speed pulleys.

     (2) If the belt is endless or laced with rawhide laces, and no belt shifter is used, the belt may be guarded according to the following:

     (a) The nip point of the belt and pulley is protected by a nip point guard in front of the cone;

     (b) The guard extends at least to the top of the largest step of the cone; and

     (c) The guard is formed to show the contour of the cone.

     (3) If the cone is less than 3 feet from the floor or working platform, the cone pulley and belt must be guarded to a height of 3 feet regardless of whether the belt is endless or laced with rawhide.



[97-09-013, recodified as § 296-307-28026, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28026, filed 10/31/96, effective 12/1/96.]

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296-307-28028
What requirements apply to guarding belt tighteners?

  (1) Suspended counterbalanced belt tighteners and all components must be substantially constructed and securely fastened. The bearings must be securely capped. You must provide a mechanism to prevent the tightener from falling in case the belt breaks.

     (2) Unless guarded by location, suspended counterweights must be encased to prevent accident.

     (3) Belt tighteners used for starting and stopping machinery, unless held by gravity in the "off" or "out of service" position, must have a mechanism that will hold the belt tightener away from the belt when not in use. The mechanism must automatically grip, latch or otherwise fasten itself to and hold the belt tightener in "off" or "out of service" position until released by hand.



[97-09-013, recodified as § 296-307-28028, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28028, filed 10/31/96, effective 12/1/96.]

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296-307-28030
What requirements apply to guarding gears, sprockets, and chains?

  (1) Gears must be guarded by one of the following methods:

     (a) A complete enclosure; or

     (b) A standard guard according to WAC 296-307-28050 through296-307-28060 , at least 7 feet high extending 6 inches above the mesh point of the gears; or

     (c) A band guard covering the face of gear. The guard must have flanges extended inward beyond the root of the teeth on the exposed side or sides. If a part of the train of gears guarded by a band guard is less than 6 feet from the floor, the gear must be guarded by a disk guard or by a complete enclosure at least 6 feet tall.

     (2) Hand-operated gears used only to adjust hand-powered machine parts may be unguarded. However, we recommend guarding these gears.

     (3) Unless guarded by location, all sprocket wheels and chains must be enclosed. Where the drive extends over other machine or working areas, you must provide protection against falling parts.

Exception:

This section does not apply to manually operated sprockets.

     (4) When gears require frequent oiling, you must provide openings with hinged or sliding self-closing covers. All points not readily accessible must have oil feed tubes if lubricant is added while machinery is in motion.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28030, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28030, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28030, filed 10/31/96, effective 12/1/96.]

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296-307-28032
What requirements apply to guarding friction drives?

  When exposed to contact, the driving point of all friction drives must be guarded. All arm or spoke friction drives and all web friction drives with holes in the web must be entirely enclosed. When exposed to contact, all projecting belts on friction drives must be guarded.



[97-09-013, recodified as § 296-307-28032, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28032, filed 10/31/96, effective 12/1/96.]

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296-307-28034
What requirements apply to guarding keys, set screws, and other projections?

  (1) All projecting keys, set screws, and other projections in revolving parts must be removed, or made flush, or guarded by metal covers.

     (2) Projections, such as exposed bolts, keys, or set screws that are part of sprockets, grooved pulleys or pulleys on stationary equipment must be shielded unless guarded by location.

Exception:

This section does not apply to keys or set screws within gear or sprocket casings or other enclosures, nor to keys, set screws, or oilcups in hubs of pulleys less than 20 inches in diameter where they are within the plane of the rim of the pulley.

Note:

We recommend that you not use projecting set screws or oilcups in any revolving pulley or part of machinery.

[97-09-013, recodified as § 296-307-28034, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28034, filed 10/31/96, effective 12/1/96.]

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296-307-28036
What requirements apply to guarding collars and couplings?

  (1) All revolving collars, including split collars, must be cylindrical. Screws or bolts used in collars must not project beyond the largest periphery of the collar.

     (2) Shaft couplings must be constructed to prevent hazard from bolts, nuts, set screws, or revolving surfaces. Bolts, nuts, and set screws are permitted where they are covered with safety sleeves or where they are used parallel with the shafting and are countersunk or where they do not extend beyond the flange of the coupling.



[97-09-013, recodified as § 296-307-28036, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28036, filed 10/31/96, effective 12/1/96.]

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296-307-28038
Must self-lubricating bearings be used?

  We recommend that you use self-lubricating bearings. All drip cups and pans must be securely fastened.



[97-09-013, recodified as § 296-307-28038, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28038, filed 10/31/96, effective 12/1/96.]

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296-307-28040
What requirements apply to guarding clutches, cutoff couplings, and clutch pulleys?

  (1) Unless guarded by location, clutches, cutoff couplings, or clutch pulleys with projecting parts must be enclosed by a stationary guard constructed according to WAC 296-307-28046. You may use a "U" type guard.

     (2) In enginerooms, a guardrail, preferably with toeboard, may be used instead of the guard if the room is only occupied by engineroom attendants.

     (3) A bearing support next to a friction clutch or cutoff coupling must have self-lubricating bearings that require infrequent maintenance.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28040, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28040, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28040, filed 10/31/96, effective 12/1/96.]

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296-307-28042
What requirements apply to guarding belt shifters, clutches, shippers, poles, perches, and fasteners?

  "Belt pole" (sometimes called a "belt shipper" or "shipper pole") means a device used in shifting belts on and off fixed pulleys on line or countershaft where there are no loose pulleys.

     (1) Tight and loose pulleys must have a permanent belt shifter with a mechanical means to prevent the belt from creeping from loose to tight pulley.

     (2) Belt shifter and clutch handles must be rounded. They must be as far as possible from danger of accidental contact, but within easy reach of the operator. Where belt shifters are not directly over a machine or bench, the handles must be cut off 6 feet 6 inches above floor level.

     (3) All belt and clutch shifters of the same type in each shop should move in the same direction to stop machines, i.e., either all right or all left.

Exception:

This requirement does not apply to a friction clutch on a countershaft carrying two clutch pulleys with open and crossed belts. In this case the shifter handle has three positions and the machine is at a standstill when the clutch handle is in the neutral or center position.

     (4) When belt poles must be used as a substitute for mechanical shifters, they must be big enough for employees to grasp them securely. Poles must be smooth and preferably of straight grain hardwood, such as ash or hickory. The edges of rectangular poles should be rounded. Poles should extend from the top of the pulley to within approximately 40 inches of the floor or working platform.

     (5) Where loose pulleys or idlers are not practical, belt perches such as brackets, rollers, etc., must be used to keep idle belts away from the shafts. Perches should be substantial and designed for safe belt shifting.

     (6) Belts that must be shifted by hand and belts within seven feet of the floor or working platform that are not guarded according to WAC 296-307-28046 must not be fastened with metal, nor with any other fastening that creates a hazard.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28042, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28042, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28042, filed 10/31/96, effective 12/1/96.]

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296-307-28044
What materials must be used for standard guards?

  (1) Standard guards must be made of the following materials:

     (a) Expanded metal;

     (b) Perforated or solid sheet metal;

     (c) Wire mesh on a frame of angle iron; or

     (d) Iron pipe securely fastened to the floor or the frame of the machine.

     (2) Wire mesh should have wires that are securely fastened at every cross point either by welding, soldering, or galvanizing.

Exception:

Diamond or square wire mesh made of No. 14 gauge wire, 3/4-inch mesh or heavier is exempt from this requirement.

[97-09-013, recodified as § 296-307-28044, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28044, filed 10/31/96, effective 12/1/96.]

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296-307-28046
How must standard guards be manufactured?

  (1) Guards must be free from burrs, sharp edges, and sharp corners.

     (2) Expanded metal, sheet or perforated metal, and wire mesh must be securely fastened to the frame by one of the following methods:

     (a) Rivets or bolts spaced not more than five inches center to center. In case of expanded metal or wire mesh, metal strips or clips must be used to form a washer for rivets or bolts.

     (b) Welding to frame every four inches.

     (c) Weaving through channel or angle frame, or, if No. 14 gauge 3/4-inch mesh or heavier is used, by bending entirely around rod frames.

     (d) To fill openings in pipe railing with expanded metal, wire mesh, or sheet metal, make the filler material into panels with rolled edges or edges bound with "V" or "U" edging. The edging must be of at least No. 24 gauge sheet metal fastened to the panels with bolts or rivets spaced a maximum of 5 inches center to center. The bound panels must be fastened to the railing by sheet-metal clips spaced a maximum of 5 inches center to center.

     (e) Diamond or square mesh made of crimped wire fastened into channels, angle iron, or round-iron frames may also be used as a filler in guards. Size of mesh must correspond to Table P-1.

     (3) Where guard design requires filler material greater than 12 square feet, additional frame members must be provided to ensure that the panel area is a maximum of 12 square feet.

     (4) All joints of framework must be as strong as the material of the frame.



[97-09-013, recodified as § 296-307-28046, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28046, filed 10/31/96, effective 12/1/96.]

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296-307-28048
What requirements apply to disk, shield, and U-guards?

  (1) A disk guard must have a sheet-metal disk of at least No. 22 gauge fastened by U-bolts or rivets to the spokes of pulleys, flywheels, or gears. To prevent contact with sharp edges of the disk, the edge must be rolled or wired. In all cases, the nuts must have locknuts on the unexposed side of the wheel.

     (2) A shield guard must have a frame filled in with wire mesh or expanded, perforated, or solid sheet metal.

     (3) If the shield area is less than six square feet, the wire mesh or expanded metal may be fastened in a framework of 3/8-inch solid rod, 3/4-inch by 3/4-inch by 1/8-inch angle iron, or a metal construction of equivalent strength. Metal shields may have edges entirely rolled around a 3/8-inch solid iron rod.

     (4) A U-guard consisting of a flat surface with edge members must cover the under surface and lower edge of a belt, multiple chain, or rope drive. It must be constructed of materials specified in Table P-1, and must meet the requirements of WAC 296-307-28054 through 296-307-28058. Edges must be smooth and, if the size of the guard requires, be reinforced by rolling, wiring, or by binding with angle or flat iron.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28048, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28048, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28048, filed 10/31/96, effective 12/1/96.]

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296-307-28050
What materials must be used for guards?

  The materials and dimensions specified in this section apply to all guards. The materials and dimensions specified are minimum requirements. You may choose to provide stronger guards.

Exception:

Horizontal overhead belts, rope, cable, or chain guards more than 7 feet above floor, or platform must meet the requirements outlined in Table P-2.

     (1) The framework of all guards must have minimum dimensions of 1-inch by 1-inch by 1/8-inch for angle iron, 3/4-inch inside diameter for metal pipe, or metal construction of equivalent strength.

Exception:

Guards thirty inches tall or less with a total surface area of ten square feet or less may have a framework of 3/8-inch solid rod, 3/4-inch by 3/4-inch by 1/8-inch angle iron, or metal construction of equivalent strength. The filling material must correspond to the requirements of Table 1.

     (a) All guards must be rigidly braced every 3 feet of their height to some fixed part of machinery or building structure. Where a guard is exposed to contact with moving equipment additional strength may be necessary.

     (b) The framework for all guards fastened to the floor or working platform and without other support or bracing must consist of 1-1/2-inch by 1-1/2-inch by 1/8-inch angle iron, metal pipe of 1-1/2-inch inside diameter, or metal construction of equivalent strength. All rectangular guards must have at least four upright frame members that extend to the floor and are securely fastened. Cylindrical guards must have at least three supporting members that extend to the floor.

     (2) Where guards are exposed to unusual wear, deterioration, or impact, heavier material and construction should be used to protect against the specific hazards involved.



[97-09-013, recodified as § 296-307-28050, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28050, filed 10/31/96, effective 12/1/96.]

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296-307-28052
When may wood guards be used?

  Wood guards may be used where fumes would cause rapid deterioration of metal guards and outdoors where extreme cold or extreme heat make metal guards and railings undesirable.

     (1) Wood must be sound, tough, and without loose knots.

     (2) Guards must be made of planed lumber not less than 1-inch rough board measure, with rounded edges and corners.

     (3) Wood guards must be securely fastened together with wood screws, hardwood dowel pins, bolts, or rivets.

     (4) Wood guards must be equal in strength and rigidity to metal guards specified in WAC 296-307-28050 and Table P-1.

Note:

Requirements for the construction of standard wood railings are in WAC 296-307-28060.

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28052, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28052, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28052, filed 10/31/96, effective 12/1/96.]

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296-307-28054
What materials may be used for guarding horizontal overhead belts?

  (1) Guards for horizontal overhead belts must run the entire length of the belt and follow the line of the pulley to the ceiling or extend to the nearest wall.

Exception:

Where belts are located so that it is impractical to extend the guard to wall or ceiling, the guard must completely enclose the top and bottom runs of the belt and the face of pulleys.

     (2) The guard and its supporting parts must be securely fastened to the wall or ceiling by gimlet-point lag screws or through bolts. In masonry, expansion bolts must be used. We recommend using bolts placed horizontally through floor beams or ceiling rafters.

     (3) When necessary, suitable reinforcement must be provided for the ceiling rafters or overhead floor beams to sustain safely the weight and stress imposed by the guard.

     (4) The interior surface of all guards must be smooth and free from projections.

Exception:

Where construction demands it, protruding shallow roundhead rivets may be used.

[97-09-013, recodified as § 296-307-28054, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28054, filed 10/31/96, effective 12/1/96.]

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296-307-28056
What clearance must be maintained between guards and power transmission machinery?

  (1) Overhead belt guards must be at least one-quarter wider than the belt they protect, with a maximum clearance of 6 inches on each side. Overhead rope-drive and block and roller-chain-drive guards must be at least six inches wider than the drive on each side.

     (2) Overhead silent chain-drive guards with the chain held on sprockets must have side clearance of:

     (a) On drives of 20-inch centers or less, at least 1/4 inch from the nearest moving chain part, and

     (b) On drives of over 20-inch centers, a minimum of 1/2 inch from the nearest moving chain part.

     (3) Table 2 gives the sizes of materials and construction specifications for guards for belts that are 10 inches wide or more. All materials for overhead belt guards must be at least the size specified in Table 2 for belts 10 to 14 inches wide, even if the overhead belt is less than 10 inches wide. However, No. 20 gauge sheet metal may be used as a filler on guards for belts less than 10 inches wide. Expanded metal, because of the sharp edges, should not be used as a filler in horizontal belt guards.

     (4) For clearance between guards and belts, ropes, or chains see Table P-2.



[97-09-013, recodified as § 296-307-28056, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28056, filed 10/31/96, effective 12/1/96.]

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296-307-28058
How must overhead rope and chain-drive guards be constructed?

  (1) Overhead-rope and chain-drive guard construction must meet the requirements for overhead-belt guard construction of similar width.

Exception:

The filler material must be solid, according to Table P-2, unless fire hazard demands the use of open construction.

     (2) A side guard member of the same solid filling material should extend 2 inches above the level of the lower run of the rope or chain drive and 2 inches within the periphery of the pulleys that the guard encloses, forming a trough.

     (3) The side filler members should be reinforced on the edges with 1-1/2-inch by 1/4-inch flat steel, riveted to the filling material at 8 inch centers or less. The reinforcing strip should be fastened or bolted to all guard supporting members with at least one 3/8-inch rivet or bolt at each intersection, and the ends should be secured to the ceiling with lag screws or bolts.

     (4) The filling material must be fastened to the framework of the guard and the filler supports by 3/16-inch rivets spaced on 4-inch centers. Measure the width of a multiple drive from the outside of the first to the outside of the last rope or chain in the group accommodated by the pulley.



[97-09-013, recodified as § 296-307-28058, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28058, filed 10/31/96, effective 12/1/96.]

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296-307-28060
What materials must be used for guardrails and toeboards?

  (1) A guardrail used to guard power transmission parts must be 42 inches tall, with a midrail between the top rail and the floor.

     (2) Posts must be 8 feet apart or less. They must be permanent and substantial, smooth, and free from protruding nails, bolts, and splinters. If made of pipe, the post must be at least 1-1/4 inches inside diameter. If posts are made of metal shapes or bars, the section must be as strong as posts made of 1-1/2 by 1-1/2 by 3/16-inch angle iron. If posts are made of wood, the posts must be at least 2 by 4 inches. The upper rail must be 2 by 4 inches, or two 1 by 4 inch strips, one at the top and one at the side of the posts. The midrail must be at least 1 by 4 inches.

     (3) The rails (metal shapes, metal bars, or wood), should be on the side of the posts that gives the best protection and support. Where panels are fitted with expanded metal or wire mesh (as noted in Table 1) the middle rails may be omitted. Where guard is exposed to contact with moving equipment, additional strength may be necessary.

     (4) Toeboards must be at least 4 inches tall, of wood, metal, or metal grill of a maximum 1-inch mesh. Toeboards at flywheel pits should be placed as close to edge of the pit as possible.


Table P-1

TABLE OF STANDARD MATERIALS AND DIMENSIONS

Material	Clearance from moving part at all points (inches)	Largest mesh or opening allowable (inches)	Minimum gauge (U.S. Standard) or thickness (inches)	Minimum height of guard from floor or platform level (feet)
Woven wire	Under 2 2-4 Under 4 4-15	3/8 1/2 1/2 2	No. 16 No. 16 No. 16 No. 12	7 7 7 7
Expanded metal	Under 4 4-15	1/2 2	No. 18 No. 13	7 7
Perforated metal	Under 4 4-15	1/2 2	No. 20 No. 14	7 7
Sheet metal	Under 4 4-15		No. 22 No. 22	7 7
Wood or metal strip crossed	Under 4 4-15	3/8 2	Wood 3/4 Metal No. 16 Wood 3/4 Metal No. 16	7 7
Wood or metal strip not crossed	Under 4 4-15	1/2 width 1 width	Wood 3/4 Metal No. 16 Wood 3/4 Metal No. 16	7 7
Standard rail	Min. 15 Max. 20

Table P-2

HORIZONTAL OVERHEAD BELTS, ROPES, AND CHAINS

7 FEET OR MORE ABOVE FLOOR OR PLATFORM

	Width 0"-14" inclusive		Material
MEMBERS
Framework	1 1/2" x 1 1/2" x 1/4"		Angle iron
Filler (belt guards)	1 1/2" x 3/16"		Flat iron
Filler and vertical side member	No. 20 A.W.G.		Solid sheet metal
Filler supports	2" x 5/16" flat iron		Flat and angle
Guard supports	2" x 5/16"		Flat iron
FASTENINGS
Filler supports to framework	(2) 3/16"		Rivets
Filler flats to supports (belt guards)	(1) 5/16"		Flush rivets
Filler to frame and supports (chain guards)	3/16"		Rivets spaced
Guard supports to framework	(2) 3/6"		Rivets or bolts
Guard and supports to overheard ceiling	1/4" x 3 1/2" lag screws or 1/2" bolts		Lag screws or bolts
DETAILS-SPACING, ETC.
Width of guards		One-quarter wider than belt, rope, or chain drive
Spacing between filler supports		20" center to center
Spacing between filler flats (belt guards)		2" apart
Spacing between guard supports		36" center to center
OTHER BELT GUARD FILLING PERMITTED
Sheet metal fastened as in chain guards		No. 20 A.W.G.	Solid or perforated
Woven Wire, 2" mesh		No. 12 A.W.G.
CLEARANCE FROM OUTSIDE OF BELT, ROPE, OR CHAIN DRIVE TO GUARD
Distance center to center of shafts		Up to 15' inclusive		Over 40'
Clearance from belt, or chain to guard		16"		120"
	Width over 14" to 24" inclusive		Material
MEMBERS
Framework	2" x 2" x 5/16"		Angle iron
Filler (belt guards)	2" x 3/16"		Flat iron
Filler and vertical side member	No. 18 A.W.G.		Solid sheet metal
Filler supports	2" x 3/8" flat iron		Flat and angle
Guard supports	2" x 3/8"		Flat iron
FASTENINGS
Filler supports to framework	(2) 3/6"		Rivets
Filler flats to supports (belt guards)	(1) 5/16"		Flush rivets
Filler to frame and supports (chain guards)	8" centers on sides and 4" centers on bottom
Guard supports to framework	(2) 7/16"		Rivets or bolts
Guard and supports to overheard ceiling	5/8" x 4" lag screws or 5/8" bolts		Lag screws or bolts
DETAILS-SPACING, ETC.
Width of guards
Spacing between filler supports		16" C. to C
Spacing between filler flats (belt guards)		2 1/2" apart
Spacing between guard supports		36" C. to C
OTHER BELT GUARD FILLING PERMITTED
Sheet metal fastened as in chain guards	No. 18 A.W.G.		Solid or perforated
Woven wire, 2" mesh	No. 10 A.W.G.
CLEARANCE FROM OUTSIDE OF BELT, ROPE, OR CHAIN DRIVE TO GUARD
Distance center to center of shafts	Over 15' to 25'		Over 40' inclusive
Clearance from belt/chain to guard	10"		20"
	Width over 24"		Material
MEMBERS
Framework	3" x 3" x 3/8"		Angle iron
Filler (belt guards)	2" x 5/16"		Flat iron
Filler and vertical side member	No. A.W.G.		Solid sheet metal
Filler supports	2 1/2" x 2 1/2" x 1/4" angle		Flat and angle
Guard supports	2 1/2" x 3/8"		Flat iron
FASTENINGS
Filler supports to framework	(3) 1/2"		Rivets
Filler flats to supports (belt guards)	(2) 3/8"		Flush rivets
Filler to frame and supports (chain guards)
Guard supports to frame work	(2) 5/8"		Rivets or bolts
Guard and supports to overhead ceiling	3/4" x 6" lag screws or 3/4" bolt		Lag screws or bolts
DETAILS-SPACING, ETC.
Width of guards
Spacing between filler supports		16" C. to C.
Spacing between filler flats (belt guards)		4" apart
Spacing between guard supports		36" C. to C.
OTHER BELT GUARD FILLING PERMITTED
Sheet metal fastened as in chain guards	No. 18 A.W.G.		Solid or perforated
Woven wire, 2" mesh	No. 8 A.W.G.
CLEARANCE FROM OUTSIDE OF BELT, ROPE, OR CHAIN DRIVE TO GUARD
Distance center to center of shafts	Over 25' to 40' inclusive		Over 40'
Clearance from belt, or chain to guard	15"		20"

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-28060, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-28060, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-28060, filed 10/31/96, effective 12/1/96.]

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296-307-28062
How must shafting be maintained?

  (1) Shafting must be kept in alignment, and free from rust and excess oil or grease.

     (2) Where explosives, explosive dusts, flammable vapors or flammable liquids exist, guards must take into account the hazard of static sparks from shafting.



[97-09-013, recodified as § 296-307-28062, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28062, filed 10/31/96, effective 12/1/96.]

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296-307-28064
How must pulleys be maintained?

  (1) Pulleys must be kept in proper alignment to prevent belts from running off.

     (2) Any pulley carrying a nonshifting belt should have a crowned face.

     (3) Cast-iron pulleys should be tested frequently with a hammer to detect cracks in rim or spokes. The sound is different depending on whether the belt is or is not on the pulley.

     (4) Split pulleys should be inspected to be sure that all bolts holding together the sections of the pulley are tight.



[97-09-013, recodified as § 296-307-28064, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28064, filed 10/31/96, effective 12/1/96.]

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296-307-28066
How must belts be maintained?

  (1) Quarter-twist belts without an idler can be used on drives running in one direction only. They will run off a pulley when direction is reversed.

     (2) You must inspect belts, lacings, and fasteners to be sure they are kept in good repair.

     (3) Dressing should not be applied when the belt or rope is in motion; but, when necessary, it should be applied where belts or rope leave the pulley, not where they approach. The same precautions apply to lubricating chains. In the case of V-belts, belt dressing is neither necessary nor advisable.



[97-09-013, recodified as § 296-307-28066, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28066, filed 10/31/96, effective 12/1/96.]

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296-307-28068
How must other equipment be maintained?

  (1) You must inspect all power-transmission equipment at least every sixty days and ensure that it is kept in good working condition at all times.

     (2) Bearings must be kept in alignment and properly adjusted.

     (3) Hangers must be inspected to ensure that all supporting bolts and screws are tight and that supports of hanger boxes are adjusted properly.

     (4) The oilers must wear tightfitting clothing and should use cans with long spouts to keep their hands out of danger. Machinery must be oiled when not in motion, wherever possible.



[97-09-013, recodified as § 296-307-28068, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28068, filed 10/31/96, effective 12/1/96.]

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296-307-290
Auger conveying equipment.

  



[97-09-013, recodified as § 296-307-290, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-290, filed 10/31/96, effective 12/1/96.]

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296-307-29005
What requirements apply to auger conveying equipment?

  "Augers" means screw conveyors and related accessories designed primarily for conveying agricultural materials on farms.

     (1) Power take-off shafts must be guarded according to WAC 296-307-28046.

     (2) All augers must be covered or guarded when exposed to contact.

     (3) You must ensure that each sweep auger has its top half shielded by a guard. All guard openings must be no larger than 4 3/4 inches across.

     (4) You must ensure that the exposed auger at the hopper and the intake is guarded or designed to prevent accidental contact with the rotating inlet area. The guard must extend at least 2 1/2 inches above and below the exposed auger. Openings in the guard, for the free flow of material, must be no larger than 4 3/4 inches across and must be strong enough to support 250 pounds at mid span.

     (5) The hand raising winch must have a control that will hold the auger at any angle, and that will only respond to the control. You must ensure that the operator is able to lower the auger without disengaging the control. The maximum force required on the handle to raise or lower the auger manually must be 50 pounds.

     (6) The wire rope lifting pulleys must be grooved to fit the wire rope used.

     (7) In order to avoid separation, you must provide a positive restraint between the auger tube and the under-carriage lifting arm. You must provide stops that restrict the maximum raised angle and minimum lowered angle.

     (8) Wire ropes (cables) must be rust resistant and selected for the design load and service intended.

     (9) You must provide the auger operator with service and operation instructions that include safe operation and servicing practices.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-29005, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-29005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-29005, filed 10/31/96, effective 12/1/96.]

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296-307-29010
What other requirements apply to auger conveying equipment manufactured after October 25, 1976?

  You must ensure that auger conveying equipment manufactured after October 25, 1976, is guarded as follows:

     (1) Sweep-arm material-gathering mechanisms used on the top surface of materials within silo structures are guarded. The lower or leading edge of the guard is no more than 12 inches above the material surface and no less than 6 inches in front of the leading edge of the rotating member of the gathering mechanism. The guard is parallel to and extends the fullest practical length of the material gathering mechanism.

     (2) Exposed auger flighting on portable grain augers is guarded with either grating type guards or solid baffle style covers as follows:

     (a) The largest dimensions or openings in grating type guards through which materials flow is 4-3/4 inches. The opening area is a maximum of 10 square inches. The opening is least 2-1/2 inches from the rotating flighting.

     (b) Slotted openings in solid baffle style covers are a maximum of 1-1/2 inches wide, or less than 3-1/2 inches from the exposed flighting.



[97-09-013, recodified as § 296-307-29010, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-29010, filed 10/31/96, effective 12/1/96.]

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296-307-300
Guarding farmstead equipment.

  



[97-09-013, recodified as § 296-307-300, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-300, filed 10/31/96, effective 12/1/96.]

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296-307-30003
What does this section cover?

  WAC 296-307-300 applies to the guarding and care of farmstead equipment.

     "Farmstead equipment" means agricultural equipment normally used in a stationary manner. This includes, but is not limited to, materials handling equipment and accessories for such equipment whether or not the equipment is an integral part of a building.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-30003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-30003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-30003, filed 10/31/96, effective 12/1/96.]

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296-307-30006
How must power takeoff shafts of farmstead equipment be guarded?

  (1) You must ensure that all power takeoff shafts, including rear-mounted, mid-mounted or side-mounted shafts, are guarded either by a master shield or by other protective guarding. The master shield must be strong enough to prevent damaging the shield when a 250-pound operator mounts or dismounts the tractor using the shield as a step.

     (2) Power takeoff driven equipment must be guarded to prevent employee contact with rotating parts of the power drive system. Where power takeoff driven equipment requires removal of the tractor master shield, the equipment must also include protection from any portion of the tractor power takeoff shaft that protrudes from the tractor.

     (3) Signs must be placed at prominent locations on power takeoff driven equipment specifying that power drive system safety shields must be kept in place.



[97-09-013, recodified as § 296-307-30006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-30006, filed 10/31/96, effective 12/1/96.]

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296-307-30009
How must other power transmission components of farmstead equipment be guarded?

  (1) All power transmission parts must be guarded according to WAC 296-307-280.

     (2) Smooth shafts and shaft ends (without any projecting bolts, keys, or set screws) may be unguarded if they:

     (a) Revolve at less than 10 RPM; and

     (b) Are part of feed handling equipment used on the top surface of materials in bulk storage facilities.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-30009, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-30009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-30009, filed 10/31/96, effective 12/1/96.]

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296-307-30012
How must functional components of farmstead equipment be guarded?

  The following functional components must be shielded to a degree consistent with the intended function and operator's vision of the component:

     • Snapping or husking rolls;

     • Straw spreaders and choppers;

     • Cutterbars;

     • Flail rotors;

     • Rotary beaters;

     • Mixing augers;

     • Feed rolls;

     • Rotary tillers; and

     • Similar units that must be exposed for proper function.



[97-09-013, recodified as § 296-307-30012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-30012, filed 10/31/96, effective 12/1/96.]

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296-307-30015
When may guards be removed on farmstead equipment?

  (1) Guards, shields and access doors must be in place when the equipment is in operation.

     (2) Where removal of a guard or access door will expose an employee to any component that continues to rotate after the power is disengaged, you must provide in the immediate area, a safety sign warning the employee:

     (a) To look and listen for evidence of rotation; and

     (b) To refrain from removing the guard or access door until all components have stopped.

     (3) On equipment manufactured after October 25, 1976, a readily visible or audible warning of rotation is required.



[97-09-013, recodified as § 296-307-30015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-30015, filed 10/31/96, effective 12/1/96.]

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296-307-30018
What requirements apply to electrical control for maintaining and servicing farmstead equipment?

  (1) You must ensure that only the employee maintaining or servicing equipment has control of the electrical power source by:

     (a) Providing an exclusive, positive locking means on the main switch that can be operated only by the employee performing the maintenance or service; or

     (b) For material handling equipment in a bulk storage structure, by providing on the equipment an electrical or mechanical means to disconnect the power. Minimum lockout means must meet the requirements of WAC 296-307-320.

     (2) All circuit protection devices, including those that are an integral part of a motor, must have a manual reset, except where:

     (a) A manual reset is infeasible because of the nature of the operation, distances involved, and the amount of time normally spent by employees in the area of the affected equipment;

     (b) An electrical disconnect switch is available to the employee within fifteen feet of the equipment being maintained or serviced; and

     (c) A sign, prominently posted near each hazardous component, warns the employee that unless the electrical disconnect switch is utilized, the motor could automatically reset while the employee is working on the hazardous component.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-30018, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-30018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-30018, filed 10/31/96, effective 12/1/96.]

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296-307-30021
What additional guarding requirements apply to farmstead equipment?

  (1) You must ensure that carton or bag stitching machines are properly safeguarded to prevent anyone from coming in contact with the stitching head and other pinch or nip points.

     (2) The point of operation of all machines must be guarded. The guard must be designed and constructed to prevent the operator from having any part of the body in the danger zone during the operating cycle.

Note:

The distance from the point-of-operation guards to the danger line depends on the size of the opening. The required distances are outlined in the table below:

Guarding line or distance of opening from point of operation hazard (inches)	Maximum width of opening (inches)
1/2 to 1 1/2	1/4
1 1/2 to 2 1/2	3/8
2 1/2 to 3 1/2	1/2
3 1/2 to 5 1/2	5/8
5 1/2 to 6 1/2	3/4
6 1/2 to 7 1/2	7/8
7 1/2 to 12 1/2	1 1/4
12 1/2 to 15 1/2	1 1/2
15 1/2 to 17 1/2	1 7/8
17 1/2 to 31 1/2	2 1/8

[97-09-013, recodified as § 296-307-30021, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-30021, filed 10/31/96, effective 12/1/96.]

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296-307-320
Control of hazardous energy (lockout-tagout).

  



[97-09-013, recodified as § 296-307-320, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-320, filed 10/31/96, effective 12/1/96.]

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296-307-32001
What does this section cover?

  (1) WAC 296-307-320 covers the servicing and maintenance of machines and equipment in which the unexpected start up of the machine or equipment or release of stored energy could cause injury to employees. This standard establishes minimum performance requirements for the control of such hazardous energy.

     (2) Normal production operations are not covered by this standard. Servicing and/or maintenance that takes place during normal production operations is covered by this standard only if:

     (a) An employee is required to remove or bypass a guard or other safety device; or

     (b) An employee is required to place a body part into a point of operation or where an associated danger zone exists during a machine operating cycle.

Exception:

Minor servicing activities, that take place during normal production operations, are not covered by this standard if they are routine, repetitive, and integral to the use of the equipment for production, provided that the work is performed using alternative measures that provide effective protection.

[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-32001, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-32001, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-08-051A, § 296-306A-32001, filed 3/31/97, effective 5/1/97; 96-22-048, § 296-306A-32001, filed 10/31/96, effective 12/1/96.]

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296-307-32003
When does this section not apply?

  (1) WAC 296-307-320 does not apply to work on cord and plug connected electric equipment when:

     (a) Unexpected energization or start up of the equipment is controlled by unplugging the equipment from the energy source; and

     (b) The plug is under the exclusive control of the employee performing the servicing or maintenance.

     (2) WAC 296-307-320 does not apply to hot tap operations involving transmission and distribution systems for substances such as gas, steam, water, or petroleum products when they are performed on pressurized pipelines, when:

     (a) Continuity of service is essential;

     (b) Shutdown of the system is impractical; and

     (c) Documented procedures are followed, and special equipment is used that will provide proven effective protection for employees.

     (3) WAC 296-307-320 does not cover exposure to electrical hazards from work on, near, or with conductors or equipment in electric utilization installations. These hazards are covered in chapter 296-307 WAC Part T.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-32003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-32003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32003, filed 10/31/96, effective 12/1/96.]

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296-307-32005
What definitions apply to this section?

  "Affected employee" means an employee who uses a machine or equipment while it is serviced or maintained under lockout or tagout, or who works where such servicing or maintenance is being performed.

     "Authorized employee" means a person who locks out or tags out machines or equipment in order to perform servicing or maintenance on that machine or equipment. An affected employee becomes an authorized employee when that employee's duties include performing servicing or maintenance covered under this part.

     "Capable of being locked out" means an energy isolating device that has a hasp or other means for a lock to be affixed, or has a locking mechanism built into it. It also means that the device can be locked out without dismantling, rebuilding, or replacing the energy isolating device or permanently altering its energy control capability.

     "Energized" means connected to an energy source or containing residual or stored energy.

     "Energy isolating device" means a mechanical device that physically prevents the transmission or release of energy, including but not limited to the following:

     • A manually operated electrical circuit breaker;

     • A disconnect switch;

     • A manually operated switch with conductors of circuit that can be disconnected from all ungrounded supply conductors and allows no pole to operate independently;

     • A line valve;

     • A block; and

     • Any similar device used to block or isolate energy.

     Push buttons, selector switches, and other control circuit devices are not energy isolating devices.

     "Energy source" means any source of electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other energy, including gravity.

     "Hot tap" means a procedure used in repair, maintenance, and service activities that involves welding on a piece of equipment (pipelines, vessels, or tanks) under pressure, in order to install connections or accessories. It is commonly used to replace or add sections of pipeline without the interruption of service for air, gas, water, steam, and petrochemical distribution systems.

     "Lockout" means placing a lockout device on an energy isolating device, in accordance with an established procedure, to ensure that the energy isolating device and the equipment being controlled cannot be operated until the lockout device is removed.

     "Lockout device" means a device with a positive means such as a lock (key or combination type) to hold an energy isolating device in the safe position and prevents the energizing of a machine or equipment. Blank flanges and bolted slip blinds are included.

     "Normal production operations" means using a machine or equipment for its intended production function.

     "Servicing and/or maintenance" means workplace activities such as constructing, installing, setting up, adjusting, inspecting, modifying, and maintaining and/or servicing machines or equipment. These activities include lubrication, cleaning, or unjamming of machines or equipment and making adjustments or tool changes, where the employee may be exposed to the unexpected energization or start up of the equipment or release of hazardous energy.

     "Setting up" means any work performed to prepare a machine or equipment to perform its normal production operation.

     "Tagout" means placing a tagout device on an energy isolating device, according to an established procedure, to indicate that the energy isolating device and the equipment being controlled must not be operated until the tagout device is removed.

     "Tagout device" means a prominent warning device, such as a tag and attachment, that can be securely fastened to an energy isolating device according to an established procedure, to indicate that the energy isolating device and the equipment being controlled must not be operated until the tagout device is removed.



[97-09-013, recodified as § 296-307-32005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32005, filed 10/31/96, effective 12/1/96.]

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296-307-32007
What are the required elements of an energy control program?

  You must establish a written energy control program consisting of:

     • An energy control procedure;

     • Employee training; and

     • Periodic inspections.

     The purpose of the program is to ensure that before any employee services or maintains a machine or equipment where the unexpected energizing, start up, or release of stored energy could occur and cause injury, the machine or equipment is isolated from the energy source, and rendered inoperative.



[97-09-013, recodified as § 296-307-32007, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32007, filed 10/31/96, effective 12/1/96.]

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296-307-32009
How does an employer determine when to use lockout vs. tagout?

  (1) If an energy isolating device is not capable of being locked out, your energy control program must use a tagout system.

     (2) If an energy isolating device is capable of being locked out, your energy control program must use lockout unless a tagout system will provide full employee protection according to WAC 296-307-32011.

     (3) Whenever major replacement or major repair, renovation, or modification of a machine or equipment is performed, and whenever new machines or equipment are installed, energy isolating devices for such machines or equipment must be designed to accept a lockout device.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-32009, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-32009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32009, filed 10/31/96, effective 12/1/96.]

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296-307-32011
What requirements must be met to substitute tagout for lockout?

  (1) You must ensure that when a tagout device is used on an energy isolating device that is capable of being locked out, the tagout device is attached at the same location that the lockout device would have been attached. You must also ensure that the tagout program will provide safety that is equivalent to a lockout program.

     (2) To demonstrate that a tagout program provides safety that is equivalent to a lockout program, you must demonstrate full compliance with all tagout requirements and any other measures necessary to provide equivalent safety. Other measures include:

     (a) Implementing additional safety measures such as the removal of an isolating circuit element;

     (b) Blocking a controlling switch;

     (c) Opening an extra disconnecting device; or

     (d) Removing a valve handle to reduce the likelihood of inadvertent energization.



[97-09-013, recodified as § 296-307-32011, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32011, filed 10/31/96, effective 12/1/96.]

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296-307-32013
What are the required elements of energy control procedures?

  (1) You must develop, document, and use procedures to control potentially hazardous energy when employees are engaged in activities covered by this section.

Exception:	You are exempt from documenting procedures for a particular machine or equipment only when all of the following elements exist:
	(a) The machine or equipment has no potential for stored or residual energy or reaccumulation of stored energy after shut down that could endanger employees;
	(b) The machine or equipment has a single energy source that can be readily identified and isolated;
	(c) The isolation and locking out of that energy source will completely deenergize and deactivate the machine or equipment;
	(d) The machine or equipment is isolated from that energy source and locked out during servicing or maintenance;
	(e) A single lockout device will achieve lockout;
	(f) The lockout device is under the exclusive control of the authorized employee performing the servicing or maintenance;
	(g) The servicing or maintenance does not create hazards for other employees; and
	(h) The worksite has experienced no accidents involving the unexpected activation or reenergization of the machine or equipment during servicing or maintenance.

     (2) The procedures must clearly and specifically outline the scope, purpose, authorization, rules, and techniques for the control of hazardous energy, and the means to enforce compliance including, but not limited to, the following:

     (a) A specific statement of the intended use of the procedure;

     (b) Specific procedural steps for shutting down, isolating, blocking, and securing machines or equipment to control hazardous energy;

     (c) Specific procedural steps for the placement, removal, and transfer of lockout devices or tagout devices and the responsibility for them; and

     (d) Specific requirements for testing a machine or equipment to determine and verify the effectiveness of lockout devices, tagout devices, and other energy control measures.



[97-09-013, recodified as § 296-307-32013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32013, filed 10/31/96, effective 12/1/96.]

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296-307-32015
What requirements apply to lockout and tagout devices and materials?

  (1) You must provide locks, tags, chains, wedges, key blocks, adapter pins, self-locking fasteners, or other hardware for isolating, securing, or blocking machines or equipment from energy sources.

     (2) Lockout and tagout devices must be singularly identified; must be the only device(s) used for controlling energy; must not be used for other purposes.

     (3) Lockout and tagout devices must be durable and meet the following requirements:

     (a) Lockout and tagout devices must be able to withstand the environment to which they are exposed for the maximum period of time that exposure is expected.

     (b) Tagout devices must be constructed and printed so that exposure to weather conditions or wet and damp locations will not deteriorate the tag or make the tag's message illegible.

     (c) Tags must not deteriorate when used in corrosive environments such as areas where acid and alkali chemicals are handled and stored.

     (4) Lockout and tagout devices must be the same within the facility in at least color, shape, or size. Also, tagout devices must have the same print and format.

     (5) Lockout and tagout devices must be substantial and meet the following requirements:

     (a) Lockout devices must be substantial enough to prevent removal without the use of excessive force or unusual techniques, such as with the use of bolt cutters or other metal cutting tools.

     (b) Tagout devices and their means of attachment must be substantial enough to prevent accidental removal. Tagout device attachment means must be single-use, attachable by hand, self-locking, releasable with an unlocking strength of at least 50 pounds, and having the general design and basic characteristics of being at least equivalent to a one-piece, all-environment-tolerant nylon cable tie.

     (c) Lockout and tagout devices must indicate the name of employee applying the device(s).

     (6) Tagout devices must warn against hazardous conditions if the machine or equipment is energized and must include a message such as: "Do not start," "do not open," "do not close," "do not energize," "do not operate."



[97-09-013, recodified as § 296-307-32015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32015, filed 10/31/96, effective 12/1/96.]

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296-307-32017
How often must the energy control procedure be inspected?

  (1) You must conduct an inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are followed.

     (a) An authorized employee, other than the one(s) using the energy control procedure, must perform the inspection.

     (b) The inspection must be conducted to correct any deviations or inadequacies identified.

     (c) Where lockout is used for energy control, the inspection must include a review, between the inspector and each authorized employee, of that employee's responsibilities under the energy control procedure.

     (d) Where tagout is used for energy control, the inspection must include a review, between the inspector and each authorized and affected employee, of that employee's responsibilities under the energy control procedure, and the elements of WAC 296-307-32021.

     (2) You must certify that the inspections have been performed. The certification must identify the machine or equipment on which the energy control procedure was being used, the date of the inspection, the employees included in the inspection, and the person performing the inspection.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-32017, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-32017, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32017, filed 10/31/96, effective 12/1/96.]

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296-307-32019
What general requirements apply to energy control program training and communication?

  You must provide training to ensure that employees understand the purpose and function of the energy control program, and that employees have the knowledge and skills required for the safe application, use, and removal of the energy controls. The training must include the following:

     (1) Each authorized employee must receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control.

     (2) Each affected employee must be instructed in the purpose and use of the energy control procedure.

     (3) All other employees who work in an area where energy control procedures must be used, must be instructed about the procedure and the prohibition against attempting to restart or reenergize machines or equipment that are locked out or tagged out.



[97-09-013, recodified as § 296-307-32019, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32019, filed 10/31/96, effective 12/1/96.]

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296-307-32021
What additional requirements apply to tagout training and communication?

  When tagout systems are used, employees must also be trained in the following limitations of tags:

     (1) Tags are warning devices affixed to energy isolating devices, and do not provide the physical restraint on those devices that is provided by a lock.

     (2) When a tag is attached to an energy isolating means, it is not to be removed without approval of the authorized person responsible for it, and it is never to be bypassed, ignored, or otherwise defeated.

     (3) Tags must be legible and understandable by all authorized, affected, and other employees working in the area.

     (4) Tags and their means of attachment must be made of materials that will withstand the environmental conditions encountered in the workplace.

     (5) Tags may create a false sense of security, and their meaning needs to be understood as part of the overall energy control program.

     (6) Tags must be securely attached to energy isolating devices so that they cannot be accidentally detached during use.



[97-09-013, recodified as § 296-307-32021, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32021, filed 10/31/96, effective 12/1/96.]

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296-307-32023
What requirements apply to employee retraining?

  (1) Authorized and affected employees must be retrained whenever there is a change in job assignments, machines, equipment, or processes that present a new hazard, or when there is a change in the energy control procedures.

     (2) Additional retraining must also be provided whenever an inspection reveals, or whenever you believe, that the employee's knowledge or use of the energy control procedures is inadequate.

     (3) Retraining must reestablish employee proficiency and introduce new or revised control methods and procedures, as necessary.



[97-09-013, recodified as § 296-307-32023, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32023, filed 10/31/96, effective 12/1/96.]

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296-307-32025
What training records must an employer keep?

  You must keep records that certify that employee training has been completed and is up to date. The records must contain each employee's name and dates of training.



[97-09-013, recodified as § 296-307-32025, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32025, filed 10/31/96, effective 12/1/96.]

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296-307-32027
Who may perform lockout or tagout?

  Lockout or tagout must be performed only by authorized employees performing the service or maintenance.



[97-09-013, recodified as § 296-307-32027, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32027, filed 10/31/96, effective 12/1/96.]

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296-307-32029
Who must be notified of lockout and tagout?

  Affected employees must be notified of the application and removal of lockout or tagout devices. Notification must be given before controls are applied and after they are removed.



[97-09-013, recodified as § 296-307-32029, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32029, filed 10/31/96, effective 12/1/96.]

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296-307-32031
What order of events must lockout or tagout procedures follow?

  The established lockout or tagout procedures must cover the following elements in the following sequence:

Machinery or equipment shutdown before lockout or tagout:

     (1) Before an authorized or affected employee turns off a machine or equipment, the authorized employee must have knowledge of the type and magnitude of the energy, the hazards of the energy to be controlled, and the method or means to control the energy.

     (2) The machine or equipment must be turned off or shut down using the procedures established for the machine or equipment. The shutdown must be done in the prescribed order to avoid increased hazards to employees.

     (3) All necessary energy isolating devices must be physically located and operated in such a manner as to isolate the machine or equipment from the energy source.

Application of the lockout or tagout device:

     (4) Lockout or tagout devices must be affixed to each energy isolating device by authorized employees.

     (5) Lockout devices, where used, must be affixed in a manner that will hold the energy isolating devices in a "safe" or "off" position.

     (6) Tagout devices, where used, must be affixed in such a manner as will clearly indicate that the operation or movement of energy isolating devices from the "safe" or "off" position is prohibited.

     (a) Where tagout devices are used with energy isolating devices designed with the capability of being locked, the tag attachment must be fastened at the same point at which the lock would have been attached.

     (b) Where a tag cannot be affixed directly to the energy isolating device, the tag must be located as close as safely possible to the device, in a position that will be immediately obvious to anyone attempting to operate the device.

Eliminating the hazards of stored energy:

     (7) After applying lockout or tagout devices to energy isolating devices, all potentially hazardous stored or residual energy must be relieved, disconnected, restrained, and otherwise rendered safe.

     (8) If there is a possibility of reaccumulation of stored energy to a hazardous level, verification of isolation must be continued until the servicing or maintenance is completed, or until the possibility of such accumulation no longer exists.

Before beginning service or maintenance:

     (9) Prior to starting work on machines or equipment that have been locked out or tagged out, the authorized employee must verify that the machine or equipment has been isolated and deenergized.



[97-09-013, recodified as § 296-307-32031, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32031, filed 10/31/96, effective 12/1/96.]

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296-307-32033
What order of events must be followed to remove lockout or tagout devices?

  (1) Before removing lockout or tagout devices, the authorized employee must complete the following procedures:

     (a) Inspect the work area to ensure that nonessential items have been removed and to ensure that machine or equipment components are operationally intact.

     (b) Check the work area to ensure that all employees have been safely positioned or removed.

     (2) After lockout or tagout devices have been removed and before a machine or equipment is started, affected employees must be notified that the lockout or tagout device(s) have been removed.

     (3) Each lockout or tagout device must be removed from each energy isolating device by the authorized employee who applied the device.

Exception:

When the authorized employee who applied the lockout or tagout device is not available to remove it, that device may be removed under your direction, if specific procedures and training for such removal have been developed, documented, and incorporated into the energy control program.

     You must ensure that the specific procedure provides equivalent safety to the removal of the device by the authorized employee who applied it. The specific procedure must include at least the following elements:

     (a) Verification by the employer that the authorized employee who applied the device is not at the facility;

     (b) Making all reasonable efforts to inform the authorized employee that the lockout or tagout device has been removed; and

     (c) Ensuring that the authorized employee has this knowledge before resuming work at that facility.



[97-09-013, recodified as § 296-307-32033, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32033, filed 10/31/96, effective 12/1/96.]

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296-307-32035
What requirements apply to testing and positioning machines and equipment?

  When lockout or tagout devices must be temporarily removed from the energy isolating device and the machine or equipment energized to test or position the machine or equipment, the following sequence of actions must be followed:

     (1) Clear the machine or equipment of tools and materials according to WAC 296-307-32033 (1)(a).

     (2) Remove employees from the machine or equipment area according to WAC 296-307-32033 (1)(b).

     (3) Remove the lockout or tagout devices as specified in WAC 296-307-32033(3).

     (4) Energize and proceed with testing or positioning.

     (5) Deenergize all systems and reapply energy control measures in accordance with WAC 296-307-32031 to continue the servicing and/or maintenance.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-32035, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-32035, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32035, filed 10/31/96, effective 12/1/96.]

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296-307-32037
What requirements apply to outside servicing contractors?

  (1) Whenever outside servicing contractors are to be engaged in activities covered by this standard, you and the outside employer must inform each other of your respective lockout or tagout procedures.

     (2) The outside employer must ensure that employees understand and comply with the restrictions and prohibitions of your energy control program.



[97-09-013, recodified as § 296-307-32037, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32037, filed 10/31/96, effective 12/1/96.]

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296-307-32039
What requirements apply to group lockout or tagout?

  (1) When servicing and/or maintenance is performed by a crew or other group, they must use a procedure that provides a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device.

     (2) Group lockout or tagout devices must be used according to the procedures required by WAC 296-307-32013 including, but not limited to, the following:

     (a) An authorized employee has primary responsibility for a set number of employees working under the protection of a group lockout or tagout device (such as an operations lock); and

     (b) A method for the authorized employee to determine if individual group members are exposed to release of stored energy hazards; and

     (c) When more than one crew or group is involved, assignment of overall lockout or tagout control responsibility to an authorized employee designated to coordinate individual group members and ensure continuity of protection; and

     (d) Each authorized employee must affix a personal lockout or tagout device to the group lockout device when beginning work, and must remove those devices when the work is complete.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-32039, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-32039, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32039, filed 10/31/96, effective 12/1/96.]

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296-307-32041
What requirements apply to lockout/tagout during shift changes?

  During shift or personnel changes, you must ensure that employees follow specific procedures to ensure the continuity of lockout or tagout protection. The procedures must include orderly transfer of lockout or tagout protection between off-going and oncoming employees, to minimize exposure to hazards from the unexpected energization or start up of the machine or equipment, or release of stored energy.



[97-09-013, recodified as § 296-307-32041, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-32041, filed 10/31/96, effective 12/1/96.]

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296-307-330
Safety color coding; accident prevention signs and tags.

  



[97-09-013, recodified as § 296-307-330, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-330, filed 10/31/96, effective 12/1/96.]

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296-307-33001
What definitions apply to this section?

  "Accident prevention sign" ("sign") means a surface with text or pictographs, meant to warn or instruct employees who may be exposed to hazards. Safety posters and education bulletins are not included in this definition.

     "Accident prevention tag" ("tag") means a card that identifies a hazardous condition, generally related to unsafe equipment.

     "Major message" means the sign's or tag's text that is more specific than the signal word and that identifies the specific hazardous condition or safety instruction. Examples include: "High Voltage," "Close Clearance," "Do Not Start," or "Do Not Use" or a corresponding pictograph.

     "Pictograph" means a pictorial representation that identifies a specific hazardous condition or safety instruction.

     "Signal word" means the sign's or tag's text that contains the word, usually "danger" or "caution" that is intended to capture the employee's immediate attention.



[97-09-013, recodified as § 296-307-33001, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-33001, filed 10/31/96, effective 12/1/96.]

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296-307-33003
What does red identify in safety color coding?

  Use red to identify:

     (1) Fire protection equipment;

     (2) Safety cans or other portable containers of flammable liquids;

     (3) Danger signs and tags;

     (4) Emergency stop bars on hazardous machines; and

     (5) Stop buttons or electrical switches used to stop machinery in an emergency;

     Red lights must be provided at barricades and at temporary obstructions, as specified in ANSI Safety Code for Building Construction, A10.2-1944.



[97-09-013, recodified as § 296-307-33003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-33003, filed 10/31/96, effective 12/1/96.]

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296-307-33005
What does yellow identify in safety color coding?

  Use yellow to identify:

     (1) Caution signs and tags; and

     (2) Physical hazards.



[97-09-013, recodified as § 296-307-33005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-33005, filed 10/31/96, effective 12/1/96.]

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296-307-33007
When should signs and tags use "danger" versus "caution"?

  (1) Danger signs and tags.

     (a) Use danger signs and tags when an immediate hazard presents a threat of death or serious injury to employees.

     (b) Instruct all employees that danger signs and tags indicate immediate danger and that special precautions are necessary.

     (2) Caution signs and tags.

     (a) Use caution signs and tags to warn against potential hazards or to caution against unsafe practices.

     (b) Instruct all employees that caution signs and tags indicate a possible hazard against which proper precaution should be taken.



[97-09-013, recodified as § 296-307-33007, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-33007, filed 10/31/96, effective 12/1/96.]

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296-307-33009
What are the design and color specifications for accident prevention signs?

  (1) All signs must have rounded or blunt corners and be free from sharp edges. The ends or heads of bolts or other fastening devices must be located so that they do not constitute a hazard.

     (2) Danger, caution, directional, informational, exit, and safety instruction signs must comply with the specification of safety colors of the ANSI Z53.1-1971.



[97-09-013, recodified as § 296-307-33009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-33009, filed 10/31/96, effective 12/1/96.]

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296-307-33011
What are the proper uses of accident prevention tags?

  (1) Use tags as a temporary means of warning employees of a hazardous condition, especially defective equipment. Tags are not a complete warning method, but should be used until the hazard can be eliminated.

     For example: You may use a "do not start" tag on power equipment for a short time until the switch in the system can be locked out; you may use a "defective equipment" tag on a damaged ladder while arrangements are made for the ladder to be taken out of service and repaired.

     (2) Use of accident prevention tags.

     (a) Use tags as a warning to prevent accidental injury or illness to employees who are exposed to hazardous or potentially hazardous conditions, equipment or operations that are out of the ordinary, unexpected or not readily apparent.

     (b) Use tags until the identified hazard is eliminated or the hazardous operation is completed. Tags are not necessary if signs, guarding, or other protection is used.

     (c) Place "do not start" tags in a conspicuous location and, if possible, so that they block the starting mechanism that would cause hazardous conditions if the equipment was energized.

     (3) General accident prevention tag specifications.

     (a) Tags must contain a signal word and a major message. The signal word must be either "danger" or "caution."

     (b) The signal word must be readable at least five feet from the hazard.

     (c) The signal word and the major message must be understandable to all employees who may be exposed to the identified hazard.

     (d) Inform all employees of the meaning of the tags used throughout the workplace and what special precautions are necessary.

     (e) Attach tags as closely as is safely possible to the hazard. Attach the tags so as to prevent loss or unintentional removal.

     (f) The tag and attachment method must be constructed of material that is not likely to deteriorate.

     (4) You may use warning tags to represent a hazard level between "caution" and "danger," instead of the required "caution" tag, if they have a signal word of "warning" and an appropriate major message.

     (5) Use "out of order" tags only to indicate that a piece of equipment, machinery, etc., is out of order and that it might present a hazard if used.



[97-09-013, recodified as § 296-307-33011, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-33011, filed 10/31/96, effective 12/1/96.]

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296-307-340
Portable fire extinguishers.

  



[97-09-013, recodified as § 296-307-340, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-340, filed 10/31/96, effective 12/1/96.]

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296-307-34003
What does this section cover?

  (1) WAC 296-307-340 applies to the placement, use, maintenance, and testing of portable fire extinguishers provided for employee use. WAC 296-307-34012 does not apply to extinguishers provided for employee use on the outside of workplace buildings or structures. If you do not intend for employees to use extinguishers, and your emergency action plan and fire prevention plan meet the requirements of WAC 296-307-35018, then only the requirements of WAC 296-307-34015 and 296-307-34018 apply.

     (2) All standpipe and hose systems, automatic sprinkler systems, fixed extinguishing systems, dry-chemical fixed extinguishing systems, water-spray and foam, and fire detection systems, must be installed according to state and local ordinances, codes, and regulations governing such installations.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-34003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-34003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34003, filed 10/31/96, effective 12/1/96.]

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296-307-34006
Who is exempt from the requirements of this section?

  (1) You are exempt from all requirements of this section, if:

     (a) You have implemented a written fire safety policy that requires all employees to evacuate immediately when the fire alarm sounds; and

     (b) You have an emergency action plan and a fire prevention plan meeting the requirements of WAC 296-307-35015 and 296-307-35018; and

     (c) Extinguishers are not available for employee use in the workplace.

Note:

If you are covered by one of the following sections requiring you to provide a portable fire extinguisher, then you may not apply this exemption:

▪	WAC 296-307-07013(12) -- Transporting employees;
▪	WAC 296-307-34009(8) -- Storage of flammables; or
▪	WAC 296-307-49503(2) -- Welding.

     (2) You are exempt from the distribution requirements in WAC 296-307-34012, if:

     (a) You have an emergency action plan meeting the requirements of WAC 296-307-35015 that authorizes only certain employees to use the available portable fire extinguishers; and

     (b) The plan requires all other employees to evacuate immediately when the fire alarm sounds.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-34006, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-34006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34006, filed 10/31/96, effective 12/1/96.]

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296-307-34009
What general requirements apply to portable fire extinguishers?

  (1) You must provide portable fire extinguishers that are readily accessible to employees without subjecting the employees to possible injury.

     (2) You must only use approved portable fire extinguishers.

     (3) Portable fire extinguishers using carbon tetrachloride or chlorobromomethane extinguishing agents are prohibited.

     (4) Water type fire extinguishers with a soldered or riveted shell that use self-generating soda acid or self-generating foam or gas cartridges are prohibited.

     (5) You must ensure that all portable fire extinguishers are fully charged, operable, and kept in their designated places at all times except during use.

     (6) You must ensure that all portable fire extinguishers are tested, constructed, and used according to the National Fire Protection Association's pamphlet No. 10A-1970.

Note:

The supplier of the extinguisher or local fire official can furnish this information.

     (7) You must post "no smoking" signs in areas where fire or explosion hazards exist. You must prohibit smoking within fifty feet of all refueling operations. Take precautions to prevent open flames, sparks, or electric arcs in refueling areas.

     (8) You must keep a portable fire extinguisher with a rating of at least 12-B units outside the door of any room used to store flammables or combustibles. This extinguisher must not be more than ten feet from the door.



[97-09-013, recodified as § 296-307-34009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34009, filed 10/31/96, effective 12/1/96.]

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296-307-34012
How should portable fire extinguishers be selected and distributed?

  (1) You must select and distribute portable fire extinguishers based on the classes of anticipated workplace fires and on the size and degree of hazard that would affect their use.

     (2) Distribution of portable fire extinguishers.

     (a) For Class A fires: You must distribute portable fire extinguishers so that no employee must travel more than 75 feet (22.9 m) to a fire extinguisher.

Exception:	You may use uniformly spaced standpipe systems or hose stations connected to a sprinkler system for emergency use by employees instead of Class A portable fire extinguishers, if:
	• The system meets all regulatory requirements governing total coverage of the area to be protected; and
	• Employees are trained at least annually in their use.

     (b) For Class B fires: You must distribute portable fire extinguishers so that no employee must travel more than 50 feet (15.2 m) to a fire extinguisher.

     (c) For Class C fires: You must distribute portable fire extinguishers on the basis of the appropriate pattern for the existing Class A or Class B hazards.

     (d) For Class D fires: You must distribute portable fire extinguishers or other containers of Class D extinguishing agent so no employee must travel more than 75 feet (22.9 m) from the combustible metal working area to any extinguishing agent. Portable fire extinguishers for Class D hazards are required in those combustible metal working areas where combustible metal powders, flakes, shavings, or similarly sized products are generated at least once every two weeks.



[97-09-013, recodified as § 296-307-34012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34012, filed 10/31/96, effective 12/1/96.]

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296-307-34015
What are the requirements for inspection, maintenance and testing of portable fire extinguishers?

  (1) You are responsible for the inspection, maintenance, and testing of all portable fire extinguishers in the workplace.

     (2) You must visually inspect portable extinguishers or hose at least once a month.

     (3) You must ensure that portable fire extinguishers receive an annual maintenance check. You must keep records of the maintenance dates for one year after the previous entry or the life of the shell, whichever comes first. You must provide us with a copy of the record if we ask for it.

     (4) You must ensure that stored-pressure dry chemical extinguishers that require a twelve-year hydrostatic test are emptied and undergo applicable maintenance procedures every six years.

Exception:

Dry chemical extinguishers with nonrefillable disposable containers are exempt from this requirement.

     The six years begins when recharging or hydrostatic testing is performed.

     (5) You must ensure that alternate equivalent protection is provided when portable fire extinguishers are removed from service for maintenance and recharging.



[97-09-013, recodified as § 296-307-34015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34015, filed 10/31/96, effective 12/1/96.]

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296-307-34018
What requirements apply to hydrostatic testing?

  (1) You must ensure that a trained person performs hydrostatic testing with suitable testing equipment and facilities.

     (2) You must ensure that portable extinguishers are hydrostatically tested at the intervals listed in the table below.

Type of Extinguishers	Test interval (years)
Soda acid (stainless steel shell)	5
Cartridge operated water and/or antifreeze	5
Stored pressure water and/or antifreeze	5
Wetting agent	5
Foam (stainless steel shell)	5
Aqueous film forming form (AFFF)	5
Loaded stream	5
Dry chemical with stainless steel	5
Carbon dioxide	5
Dry chemical, stored pressure, with mild steel, brazed brass or aluminum shells	12
Dry chemical, cartridge or cylinder operated, with mild steel shells	12
Halon 1211	12
Halon 1301	12
Dry powder, cartridge or cylinder operated, with mild steel shell	12

Exception:

Extinguishers must not be hydrostatically tested if the following conditions exist:

(a)	When the unit has been repaired by soldering, welding, brazing, or use of patching compounds;
(b)	When the cylinder or shell threads are damaged;
(c)	When there is corrosion that has caused pitting, including corrosion under removable name plate assemblies;
(d)	When the extinguisher has been burned in a fire; or
(e)	When a calcium chloride extinguishing agent has been used in a stainless steel shell.

     (3) In addition to an external visual examination, you must ensure that the cylinders and shells are examined internally before the hydrostatic testing.

     (4) You must ensure that portable fire extinguishers are hydrostatically tested whenever they show new evidence of corrosion or mechanical injury.

     (5) You must ensure that hydrostatic tests are performed on extinguisher hose assemblies that are equipped with a shut-off nozzle at the discharge end of the hose. The test interval must be the same as specified for the extinguisher on which the hose is installed.

     (6) Carbon dioxide hose assemblies with a shut-off nozzle must be hydrostatically tested at 1,250 psi (8,620 kPa).

     (7) Dry chemical and dry powder hose assemblies with a shut-off nozzle must be hydrostatically tested at 300 psi (2,070 kPa).

     (8) Hose assemblies passing a hydrostatic test do not require any type of recording or stamping.

     (9) You must ensure that hose assemblies for carbon dioxide extinguishers that require a hydrostatic test are tested within a protective cage device.

     (10) You must ensure that carbon dioxide extinguishers and nitrogen or carbon dioxide cylinders used with wheeled extinguishers are tested every five years at 5/3 of the service pressure as stamped into the cylinder. Nitrogen cylinders that comply with 29 C.F.R. 173.34(e)(15) may be hydrostatically tested every ten years.

     (11) You must ensure that all stored pressure and Halon 1211 types of extinguishers are hydrostatically tested at the factory test pressure not to exceed two times the service pressure.

     (12) You must ensure that self-generating type soda acid and foam extinguishers are tested at 350 psi (2,410 kPa).

     (13) Air or gas pressure used for hydrostatic testing is prohibited.

     (14) You must remove from the workplace all extinguisher shells, cylinders, or cartridges that fail a hydrostatic pressure test, or that are not fit for testing.

     (15)(a) Water-jacket equipment must be used for testing compressed gas type cylinders. The equipment must have an expansion indicator that operates with an accuracy within one percent of the total expansion or 0.1 cc (.1 mL) of liquid.

     (b) The following equipment must be used to test noncompressed gas type cylinders:

     (i) A hydrostatic test pump, hand or power operated, capable of producing not less than one hundred fifty percent of the test pressure, which must include appropriate check valves and fittings;

     (ii) A flexible connection for attachment to fittings to test through the extinguisher nozzle, test bonnet, or hose outlet, as is applicable; and

     (iii) A protective cage or barrier for personal protection of the tester, designed to provide visual observation of the extinguisher under test.

     (16) You must maintain records of the hydrostatic testing. Your records must include:

     • The date of test;

     • The test pressure used;

     • The serial number, or other identifier of the fire extinguisher that was tested; and

     • The person or agency performing the test.

     You must keep the records until the next testing, or until the extinguisher is taken out of service, whichever comes first. You must provide us with copies of the records if we ask for them.



[97-09-013, recodified as § 296-307-34018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34018, filed 10/31/96, effective 12/1/96.]

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296-307-34021
What are the training requirements for portable fire extinguishers?

  (1) If you provide portable fire extinguishers for employee use, then you must also provide training to familiarize employees with the general principles of fire extinguisher use and the hazards involved in fighting fires when they first appear.

     You must provide the training when the employee is first hired and at least annually thereafter.

     (2) For employees who have been designated to use firefighting equipment as part of an emergency action plan, you must provide training in the use of the appropriate equipment.

     You must provide the training upon initial assignment to the designated group of employees and at least annually thereafter.



[97-09-013, recodified as § 296-307-34021, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34021, filed 10/31/96, effective 12/1/96.]

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296-307-345
Employee alarm systems.

  



[97-09-013, recodified as § 296-307-345, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-345, filed 10/31/96, effective 12/1/96.]

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296-307-34503
What does this section cover?

  (1) WAC 296-307-345 applies to all emergency employee alarms required by a specific WAC chapter. This section does not apply to discharge or supervisory alarms required on various fixed extinguishing systems or to supervisory alarms on fire suppression, alarm or detection systems unless they are intended to be employee alarm systems.

     (2) The maintenance, testing, and inspection requirements of this section apply to all local fire alarm signaling systems used for alerting employees regardless of the other functions of the system.

     (3) All predischarge employee alarms required by this chapter must meet the requirements of WAC 296-307-34506 and 296-307-34512.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-34503, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-34503, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34503, filed 10/31/96, effective 12/1/96.]

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296-307-34506
What general requirements apply to employee alarm systems?

  (1) Your employee alarm system must provide warning for necessary emergency action called for in the emergency action plan, or safe escape of employees from the workplace.

     (2) You must ensure that all employees can see or hear your employee alarm above normal noise or light levels in the workplace. You may use tactile devices to alert employees who can not see or hear the alarm.

     (3) You must ensure that your employee alarm is recognizable as an evacuation signal or signal to perform actions designated under the emergency action plan.

     (4) You must explain to each employee how to report emergencies. For example: They may use manual pull box alarms, public address systems, radio or telephones. You must post emergency telephone numbers near telephones, or employee notice boards when telephones serve as a means of reporting emergencies. When your communication system also serves as the employee alarm system, you must ensure that all emergency messages have priority over all nonemergency messages.

     (5) You must establish procedures for sounding emergency alarms in the workplace. If you have ten or fewer employees in a workplace, direct voice communication is an acceptable procedure for sounding the alarm if all employees can hear it. In this case, you do not need a back-up system.



[97-09-013, recodified as § 296-307-34506, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34506, filed 10/31/96, effective 12/1/96.]

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296-307-34509
What are the installation and restoration requirements for employee alarm systems?

  (1) You must ensure that all systems installed to comply with this standard are approved. Steam whistles, air horns, strobe lights or similar lighting devices, or tactile devices meeting the requirements of this section must also be approved.

     (2) After each test or alarm, you must ensure that all employee alarm systems are restored to normal operating condition as soon as possible. You must ensure that you have spare alarm components available in sufficient quantities and locations for prompt restoration of the system.



[97-09-013, recodified as § 296-307-34509, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34509, filed 10/31/96, effective 12/1/96.]

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296-307-34512
How must employee alarm systems be maintained and tested?

  (1) You must ensure that all employee alarm systems are maintained in operating condition except when undergoing repairs or maintenance.

     (2) You must ensure that a test of the reliability and adequacy of nonsupervised employee alarm systems is made every two months. You must use a different actuation device in each test of a multiactuation device system so that no individual device is used for two consecutive tests.

     (3) You must maintain or replace power supplies as often as necessary to ensure fully operational condition. You must provide back-up alarms, such as employee runners or telephones, when systems are out of service.

     (4) You must ensure that supervised employee alarm circuitry is supervised and that it will provide positive notification to assigned personnel whenever a deficiency exists in the system. You must ensure that all supervised employee alarm systems are tested at least annually for reliability and adequacy.

     (5) You must ensure that employee alarms are serviced, maintained, and tested by someone trained in the operation and functions necessary for reliable and safe operation of the system.



[97-09-013, recodified as § 296-307-34512, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34512, filed 10/31/96, effective 12/1/96.]

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296-307-34515
Where must manually operated devices be located?

  You must ensure that manually operated actuation devices used with employee alarms are easy to find and accessible.



[97-09-013, recodified as § 296-307-34515, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-34515, filed 10/31/96, effective 12/1/96.]

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296-307-350
Exit routes.

  



[97-09-013, recodified as § 296-307-350, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-350, filed 10/31/96, effective 12/1/96.]

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296-307-35003
What does this section cover?

  WAC 296-307-350 requires you to provide exit routes for employees to leave the workplace safely during emergencies. This section does not apply to mobile workplaces, such as vehicles or vessels.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-35003, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-35003, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-35003, filed 10/31/96, effective 12/1/96.]

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296-307-35006
What definitions apply to this section?

  "Exit" means the portion of an exit route that is generally separated from other areas to provide a protected way of travel out of the workplace.

     "Exit route" means a continuous and unobstructed path of exit travel from any point within a workplace to safety outside. An exit route generally consists of three parts: Access to an exit; the area which provides a way of travel out of the workplace; and the way from the exit to the outside. An exit route includes all vertical and horizontal areas.



[97-09-013, recodified as § 296-307-35006, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-35006, filed 10/31/96, effective 12/1/96.]

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296-307-35009
What are the design requirements for exit routes?

  You must ensure that each workplace meets each of the following requirements:

     (1) Each exit is a permanent part of the workplace.

     (2) Two exit routes, remote from one another, are available to provide alternate means for employees to safely leave the workplace during an emergency.

     (a) A single exit route is permitted where the number of employees, the size of the building, its occupancy, or the arrangement of the workplace indicate that a single exit will allow all employees to exit safely during an emergency. Other means of escape, such as fire exits or accessible windows, should be available where fewer than two exit routes are provided.

     (b) More than two exit routes are available to allow employees to safely leave the workplace during an emergency where the number of employees, the size of the building, its occupancy, or the arrangement of the workplace reasonably suggest that reliance on two exit routes could endanger employees.

     (3) An exit has only those openings necessary to permit access to, or exit from, occupied areas of the workplace. An opening into an exit is protected by a self-closing fire door that remains closed. Each fire door, its frame, and hardware are listed or approved by a nationally recognized testing laboratory.

     (4) Construction materials used to separate an exit have a 1-hour fire resistance rating if the exit connects three or fewer stories. Construction materials used to separate an exit have a 2-hour fire resistance rating if the exit connects 4 or more stories.

     (5) Free and unobstructed access to each exit route is provided to ensure safe exit during an emergency.

     (a) The exit route is free of material or equipment.

     (b) Employees are not required to travel through a room that can be locked, such as a bathroom, or toward a dead end to reach an exit.

     (c) Stairs or a ramp are used if the exit route is not substantially level.

     (6) An exit leads directly outside or to a street, walkway, refuge area, or to an open space with access to the outside.

     (a) The street, walkway, refuge area, or open space to which an exit leads is large enough to accommodate all building occupants likely to use that exit.

     (b) A refuge area is:

     (i) A space along an exit route protected from the effects of fire either by separation from other spaces within the building or by its location; or

     (ii) A floor with at least two spaces separated by smoke-resistant partitions, in a building where each floor is protected by an automatic sprinkler system. An automatic sprinkler system complies with NFPA No. 13, Automatic Sprinkler Systems.

     (c) Exit stairs that continue beyond the floor of exit discharge are interrupted by doors, partitions, or other effective means.

     (7) Where a doorway or corner of a building is located near a railroad or trolley track so that an employee is liable to walk upon the track in front of an approaching engine or cars, a standard safeguard must be installed with a warning sign.

     (8) An exit door can be readily opened from the inside without keys, tools, or special knowledge. A device, such as a panic bar, that locks only from the outside is permitted. An exit door is free of any device or alarm that, if it fails, can restrict emergency use of an exit.

Note:

An exit door may be locked or blocked from the inside in a mental, penal, or correctional institution, if supervisory personnel are continually on duty and a plan exists to remove occupants during an emergency.

     (9) The opening device on all doors of walk-in refrigerated or freezer rooms must be the type, when locked from the outside with a lock, can be opened from inside.

     (10) A side-hinged exit door is used to connect any room to an exit route. A door that connects any room to an exit route swings out if the room may be occupied by more than 50 persons or highly flammable or explosive materials may be used inside.

     (11) Each exit route supports the maximum-permitted occupant load for each floor served by the exit route. The capacity of an exit does not decrease with the direction of exit travel.

     (12) Minimum height and width requirements:

     (a) Make sure the exit route has a minimum ceiling height of 7 feet 6 inches and that no projection from the ceiling is less than 6 feet 8 inches from the floor.

     (b) Objects that stick out into the exit route, such as fans hanging from the ceilings or cabinets on walls, must not reduce the minimum height of the exit route to less than 6 feet 8 inches from the floor.

     (c) The width of an exit route is at least 28 inches wide at all points between handrails. An exit route is wider than 28 inches if necessary to accommodate the expected occupant load.

     (d) Objects that project into the exit route do not reduce the minimum height and width of an exit route.

     (13) An outdoor exit route is permitted if it meets the requirements for an indoor exit route and the following additional requirements.

     (a) The exit has guardrails to protect exposed sides.

     (b) The exit route is covered if accumulation of snow or ice is likely and is not removed regularly.

     (c) The exit route is reasonably straight with smooth, solid, substantially level floors.

     (d) The exit route has no dead ends longer than 20 feet.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and chapter 49.17 RCW. 11-04-080, § 296-307-35009, filed 2/1/11, effective 4/1/11. 97-09-013, recodified as § 296-307-35009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-35009, filed 10/31/96, effective 12/1/96.]

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296-307-35012
What are the operation and maintenance requirements for exit routes?

  You must ensure that each workplace meets the following requirements:

     (1) The workplace exit route is maintained to minimize danger to employees during an emergency.

     (a) The workplace exit route is free of explosive or highly flammable furnishings or decorations.

     (b) Accumulations of flammable or combustible waste materials are controlled.

     (c) An exit route does not require employees to travel toward materials that burn very quickly, emit poisonous fumes, or are explosive, unless those materials are effectively shielded from the exit route.

     (2) Each exit route is adequately lit.

     (3) Each exit is clearly visible and is marked by a distinctive sign reading "exit."

     (a) An exit door is free of signs or decorations that obscure its visibility.

     (b) Signs are posted along the exit route indicating the direction of travel to the nearest exit.

     (c) The line-of-sight to an exit sign is uninterrupted.

     (d) Any doorway or passage that might be mistaken for an exit is marked "not an exit" or with an indication of its actual use.

     (e) An exit sign is illuminated to a surface value of at least 5 foot candles by a reliable light source and shows a designated color. Self-luminous or electroluminescent signs have a minimum luminance surface value of .06 footlamberts.

     (4) Fire retardant paints or other coatings used in the workplace are maintained.

     (5) Each safeguard to protect employees during an emergency is maintained in proper working order.

     (6) Employees do not occupy a workplace under construction until an exit route that meets these requirements is available for the portion of the workplace to be occupied.

     (a) Employees do not occupy a workplace during repair or alteration unless either all exits and existing fire protection are maintained or alternate fire protection is provided that ensures an equivalent level of safety.

     (b) Flammable or explosive materials used during construction or repair do not expose employees to hazards not otherwise present in the workplace or impede emergency escape from the workplace.

     (7) An operable employee alarm system with a distinctive signal to warn employees of fire or other emergencies is installed and maintained. No employee alarm system is required if employees can see or smell a fire or other hazard so that it would provide adequate warning to them. The employee alarm system complies with the requirements of WAC 296-307-345.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-35012, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-35012, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-35012, filed 10/31/96, effective 12/1/96.]

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296-307-35015
What are the requirements for an emergency action plan?

  (1) You must develop an emergency action plan for each part of the workplace as required by WAC 296-307-030 (3)(d).

     (a) The plan must be in writing, kept in the workplace, and made available to employees on request.

     (b) An employer of 10 or fewer employees may communicate the plan orally to employees rather than develop a written plan.

     (2) An emergency action plan must include:

     (a) Procedures for emergency evacuation, including exit route assignments;

     (b) Procedures to account for all employees after evacuation;

     (c) Procedures for reporting a fire or other emergency;

     (d) Procedures to follow for emergency operation or shut down of critical equipment before evacuation;

     (e) Procedures to follow for rescue and medical duties;

     (f) Procedures for operating and maintaining an emergency alarm system; and

     (g) Names or job titles of employees to be contacted to get more information about what to do in an emergency.

     (3) You must designate employees to assist in the safe emergency evacuation of other employees. You must ensure that the designated employees receive training in emergency evacuation procedures.

     (4) You must review the emergency action plan with each employee covered by the plan:

     (a) When the plan is developed or the employee is assigned initially to the job;

     (b) When the employee's responsibilities under the plan change; and

     (c) When the plan is changed.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-35015, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-35015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-35015, filed 10/31/96, effective 12/1/96.]

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296-307-35018
What are the requirements for a fire prevention plan?

  (1) You must develop a fire prevention plan for each part of the workplace if required by WAC 296-307-34006(1).

     (a) The plan must be in writing, kept in the workplace, and made available to employees on request.

     (b) An employer of ten or fewer employees may communicate the plan orally to employees rather than develop a written plan.

     (2) A fire prevention plan must include:

     (a) A list of all major fire hazards, including proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard;

     (b) Procedures to control accumulations of flammable and combustible waste materials;

     (c) Procedures for regular maintenance of safeguards installed on heat producing equipment to prevent accidental ignition of combustible materials;

     (d) Names or job titles of employees responsible for maintaining equipment to prevent or control sources of ignition or fires;

     (e) Names or job titles of employees responsible for control of fuel source hazards.

     (3) You must:

     (a) Inform employees of the fire hazards to which they are exposed; and

     (b) Review with each employee those parts of the fire prevention plan necessary for self-protection upon initial assignment to a job.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-35018, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-35018, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 96-22-048, § 296-306A-35018, filed 10/31/96, effective 12/1/96.]

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296-307-360
Electrical.

  



[97-09-013, recodified as § 296-307-360, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-360, filed 10/31/96, effective 12/1/96.]

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296-307-36005
What does this part cover?

  (1) Chapter 296-307 WAC Part T covers methods to protect against electrical hazards in agricultural workplaces.

     (2) Chapter 296-307 WAC Part T does not cover:

     • Installations in watercraft, or automotive vehicles; or

     • Electric welding. (See chapter 296-307 WAC Part V.)

     (3) Unless otherwise provided in this chapter all electrical work, installation, and wire capacities must be according to the National Electrical Code, NFPA 70-1973; ANSI C1-1971, and all other applicable standards administered by the department of labor and industries.



[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-36005, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-36005, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-36005, filed 10/31/96, effective 12/1/96.]

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296-307-36010
What definitions apply to this part?

  The following definitions apply to this part:

     "Acceptable" means an installation or equipment that is acceptable to the department and meets the requirements of this section. An installation or equipment is acceptable if:

     (1) It is accepted, certified, listed, labeled, or otherwise determined to be safe by a nationally recognized testing laboratory; or

     (2) For installations or equipment that no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, it is inspected or tested by another federal agency, or by state, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Code, and complies with the provisions of the National Electrical Code, and complies with the provisions of the National Electrical Code as applied in this section; or

     (3) For custom-made equipment or related installations that are designed, fabricated for, and intended for use by a particular customer, it is determined to be safe for its intended use by its manufacturer on the basis of test data that you keep and make available for our inspection.

     "Accepted" means an installation that has been inspected and certified by a nationally recognized testing laboratory to meet specified plans or procedures of applicable codes.

     "Bonding jumper" means a reliable conductor that provides the correct electrical conductivity between metal parts that are required to be electrically connected.

     "Branch circuits" means the part of a wiring system extending beyond the final overcurrent device protecting the circuit. A device not approved for branch circuit protection, such as thermal cutout or motor overload protective device, is not considered as the overcurrent device protecting the circuit.

     "Certified" means equipment that:

     • Has been tested and found by a nationally recognized testing laboratory to meet nationally recognized standards, or to be safe for use in a specified manner; or

     • Is a kind whose production is periodically inspected by a nationally recognized testing laboratory; and

     • Bears a label, tag, or other record of certification.

     "Exposed" means a live part that can be accidentally touched or approached nearer than a safe distance. This term applies to parts that are not suitably guarded, isolated, or insulated.

     "Fixed equipment" means equipment fastened or connected by permanent wiring methods.

     "Ground" means a conducting connection, whether intentional or accidental, between an electrical circuit or equipment and earth, or to some conducting body that serves in place of the earth.

     "Grounded" means connected to earth or to some conducting body that serves in place of the earth.

     "Isolated" means equipment that is not readily accessible except through special means of access.

     "Labeled" means equipment that has an attached label, symbol, or other identifying mark of a nationally recognized testing laboratory that:

     • Makes periodic inspections of the production of such equipment; and

     • Whose labeling indicates compliance with nationally recognized standards or tests to determine safe use in a specified manner.

     "Qualified person" means a person who is familiar with the construction and operation of the equipment and the hazards involved.

Note 1:	Whether an employee is considered a "qualified person" depends on various circumstances in the workplace. It is possible and likely for an individual to be considered "qualified" with regard to certain equipment in the workplace, but "unqualified" as to other equipment.
Note 2:	An employee undergoing on-the-job training and who, in the course of such training, has demonstrated an ability to perform duties safely at his or her level of training and who is under the direct supervision of a qualified person is considered a qualified person for the performance of those duties.

     "Shock hazard" exists at an accessible part in a circuit between the part and ground, or other accessible parts if the potential is more than 42.4 volts peak and the current through a 1,500 ohm load is more than 5 milliamperes.

     "Weatherproof" means constructed or protected so that exposure to the weather does not interfere with successful operation. Rainproof, raintight, or watertight equipment may be considered weatherproof where weather conditions other than wetness, such as snow, ice, dust, or temperature extremes, are not a factor.



[97-09-013, recodified as § 296-307-36010, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-36010, filed 10/31/96, effective 12/1/96.]

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296-307-362
General electrical requirements.

  



[97-09-013, recodified as § 296-307-362, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-362, filed 10/31/96, effective 12/1/96.]

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296-307-36203
What electrical equipment must be approved?

  The conductors and equipment required or permitted by this section must be approved.



[97-09-013, recodified as § 296-307-36203, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-36203, filed 10/31/96, effective 12/1/96.]

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296-307-36206
How must electrical equipment safety be determined?

  (1) Electrical equipment must be free from hazards to employees. Safety of equipment must be determined using the following considerations:

     (a) Suitability for installation and use according to the requirements of this part. Suitability of equipment for a specific purpose may be shown by listing or labeling for that purpose.

     (b) Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the adequacy of the protection provided.

     (c) Electrical insulation.

     (d) Heating effects under conditions of use.

     (e) Arcing effects.

     (f) Classification by type, size, voltage, current capacity, specific use.

     (g) Other factors that contribute to the practical safeguarding of employees using or likely to come in contact with the equipment.

     (2) Listed or labeled equipment must be used or installed according to any instructions included in the listing or labeling.



[97-09-013, recodified as § 296-307-36206, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-36206, filed 10/31/96, effective 12/1/96.]

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296-307-36209
What requirements apply to guarding live parts?

  (1) Unless otherwise indicated, live parts of electric equipment operating at 50 volts or more must be guarded against accidental contact by an approved cabinet or other form of approved enclosure, or by any of the following:

     (a) Location in a room, vault, or similar enclosure that is accessible only to qualified persons.

     (b) Suitable permanent substantial partitions or screens arranged so that only qualified persons have access to the area within reach of the live parts. Any openings in such partitions or screens must be small enough and located so that employees are not likely to come into accidental contact with live parts or to bring conducting objects into contact with them.

     (c) Location on a suitable balcony, gallery, or platform elevated and accessible only to qualified persons.

     (d) Elevation of eight feet or more above the floor or other working surface.

     (2) In locations where electric equipment would be exposed to physical damage, enclosures or guards must be arranged and be strong enough to prevent damage.

     (3) Entrances to rooms and other guarded locations containing exposed live parts must be marked with conspicuous warning signs forbidding unqualified persons to enter.

     (4) Electrical repairs must be made only by qualified persons that you authorize.

     (5) Fuse handling equipment, insulated for the circuit voltage, must be used to remove or install fuses when the fuse terminals are energized.

     (6) Employees must be prohibited from working closely enough to an electric power circuit to contact it unless the employee is protected against electric shock.

Note:

The circuit must be protected by deenergizing the circuit and grounding it, by guarding it, by effective insulation, or other means.

     (7) In work areas where the exact location of underground electric power lines is unknown, employees using jack-hammers, bars or other hand tools that may contact a line must have insulated protective gloves.



[97-09-013, recodified as § 296-307-36209, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-36209, filed 10/31/96, effective 12/1/96.]

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296-307-36212
What workspace must be provided?

  (1) When parts are exposed, the minimum clearance for the workspace must be at least six feet six inches high, or at least a radius of three feet wide.

     (2) There must be enough clearance to permit at least a 90° opening of all doors or hinged panels.



[97-09-013, recodified as § 296-307-36212, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-36212, filed 10/31/96, effective 12/1/96.]

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296-307-36215
What general requirements apply to splices?

  Conductors must be spliced or joined with splicing devices suitable for the use or by brazing, welding, or soldering with a fusible metal or alloy. Soldered splices must first be spliced or joined so they are mechanically and electrically secure without solder and then soldered. (Rosin-core solder should be used instead of acid core solder when joining electrical conductors.) All splices and joints and the free ends of conductors must be covered with an insulation equivalent to that of the conductors or with an insulating device suitable for the purpose.



[97-09-013, recodified as § 296-307-36215, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040,[49.17.]050 and