WSR 99-01-149
EXPEDITED ADOPTION
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed December 22, 1998, 11:08 a.m.]
Title of Rule: Hazardous waste operations and emergency response: Chapter 296-62 WAC, General occupational health standards.
Purpose: The current standard contains requirements for both hazardous waste operations and emergency response to hazardous substance release. This causes confusion for employers when trying to determine which requirements apply to their specific industry or operation. We propose separating this single standard into two distinct sets of requirements related to hazardous waste operations and emergency response to hazardous substance release, in order to eliminate the confusion. There are no new requirements proposed.
Statutory Authority for Adoption: RCW 49.17.040.
Statute Being Implemented: RCW 49.17.010, [49.17].050, [49.17].060.
Summary: Currently, chapter 296-62 WAC, Part P, contains the requirements for two disciplines: Hazardous waste operations and emergency response. These requirements are commingled throughout Part P, which causes significant confusion for employers trying to comply with this rule. We are proposing to revise Part P so it only includes the requirements for hazardous waste operations, and create a new Part R that will contain only emergency response requirements. Simply stated: Those requirements that pertain to hazardous waste operations will remain in Part P, and those requirements that pertain to emergency response will be placed in the new Part R. Requirements that pertain to both hazardous waste and emergency response will be placed in both Part P and Part R.
Reasons Supporting Proposal: The revision was listed in the WISHA rules review schedule in support of Governor Locke's Executive Order 97-02 on regulatory reform. The revisions will clarify requirements for the two operations. This action should significantly simplify the process an employer must go through to determine which requirements apply.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.
Name of Proponent: Department of Labor and Industries, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This revision will divide the current chapter 296-62 WAC, Part P, into two parts: Part P will contain only the requirements for hazardous waste operations, treatment, storage and disposal facilities; and new Part R will contain only requirements pertaining to emergency response due for hazardous substance release. The current Part P commingles the requirements for both hazardous waste operations and emergency response which causes confusion for employers in deciphering which requirements apply to their industry or operation. This revision of the rule will eliminate the reason for this confusion.
Proposal Changes the Following Existing Rules: This proposal changes chapter 296-62 WAC, Part P, by:
(1) Extracting emergency response to hazardous substance release requirements and placing them in a newly created Part R.
(2) Retaining hazardous waste operations requirements within Part P.
(3) Using clear rule-writing principles.
(4) Renumbering sections accordingly within each part.
(5) Not changing requirements.
NOTICE
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Selwyn Walters, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001, AND RECEIVED BY February 20, 1999.
December 22, 1998
Gary Moore
Director
OTS-2650.2
PART P--HAZARDOUS WASTE OPERATIONS AND ((EMERGENCY RESPONSE))
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
AMENDATORY SECTION (Amending Order 94-07, filed 7/20/94, effective 9/20/94)
WAC 296-62-300 ((Scope, application, and definitions.))
Hazardous waste operations and treatment, storage, and disposal
facilities. (((1) Scope. This section covers employers who have
employees who work in the following operations:
(a) Clean-up operations required by a governmental body,
whether federal, state, local, or other involving hazardous
substances that are conducted at uncontrolled hazardous waste
sites (including, but not limited to, the EPA's National Priority
Site List (NPL), state priority site lists, sites recommended for
the EPA NPL, and initial investigations of government identified
sites which are conducted before the presence or absence of
hazardous substances has been ascertained);
(b) Corrective actions involving clean-up operations at
sites covered by the Resource Conservation and Recovery Act of
1976 (RCRA) as amended (42 U.S.C. 6901 et seq.);
(c) Voluntary clean-up operations at sites recognized by
federal, state, local, or other governmental bodies as
uncontrolled hazardous waste sites;
(d) Operations involving hazardous wastes that are conducted
at treatment, storage, and disposal (TSD) facilities regulated by
40 CFR Parts 264 and 265 pursuant to RCRA; or by agencies under
agreement with U.S.E.P.A. to implement RCRA regulations; and
(e) Emergency response operations for releases of, or
substantial threats of releases of, hazardous substances without
regard to the location of the hazard.
(2) Application.
(a) All requirements of this chapter and chapters 296-24 and
296-155 WAC apply pursuant to their terms to hazardous waste and
emergency response operations whether covered by this part or
not. If there is a conflict or overlap, the provision more
protective of employee safety and health shall apply.
(b) Hazardous substance clean-up operations within the scope
of subsection (1)(a), (b), and (c) of this section must comply
with all sections of this part except WAC 296-62-3112 and 296-62-3140.
(c) Operations within the scope of subsection (1)(d) of this
section must comply only with the requirements of WAC 296-62-3140.
(d) Emergency response operations for releases of, or
substantial threats of releases of hazardous substances which are
not covered by subsection (1)(a) through (d) of this section must
only comply with the requirements of WAC 296-62-3112.
(3) Definitions.
(a) "Buddy system" means a system of organizing employees
into work groups in such a manner that each employee of the work
group is designated to be observed by at least one other employee
in the work group. The purpose of the buddy system is to provide
rapid assistance to employees in the event of an emergency.
(b) "Clean-up operation" means an operation where hazardous
substances are removed, contained, incinerated, neutralized,
stabilized, cleared-up, or in any other manner processed or
handled with the ultimate goal of making the site safer for
people or the environment.
(c) "Contamination reduction zone" means the buffer between
the exclusion zone and the outermost clean zone.
(d) "Decontamination" means the removal of hazardous
substances from employees and their equipment to the extent
necessary to preclude the occurrence of foreseeable adverse
health effects.
(e) "Emergency response" or "responding to emergencies"
means a response effort by employees from outside the immediate
release area or by other designated responders (i.e., mutual aid
groups, local fire departments, etc.) to an occurrence which
results, or is likely to result, in an uncontrolled release of a
hazardous substance. Responses to incidental releases of
hazardous substances where the substance can be absorbed,
neutralized, or otherwise controlled at the time of release by
employees in the immediate release area or by maintenance
personnel are not considered to be emergency responses within the
scope of this standard. Responses to release of hazardous
substances where there is no potential safety or health hazard
(i.e., fire, explosion, or chemical exposure) are not considered
to be emergency responses.
(f) "Exclusion zone" means the innermost zone at a site
where contamination does occur.
(g) "Facility" means (i) any building structure,
installation, equipment, pipe or pipeline (including any pipe
into a sewer or publicly-owned treatment works), well, pit, pond,
lagoon, impoundment, ditch, storage container, motor vehicle,
rolling stock, or aircraft, or (ii) any site or area where a
hazardous substance has been deposited, stored, disposed of, or
placed, or otherwise come to be located; but does not include any
consumer product in consumer use or any water-borne vessel.
(h) "Hazardous materials response (HAZMAT) team" means an
organized group of employees, designated by the employer, who are
expected to perform work, to handle and control actual or
potential leaks or spills of hazardous substances requiring
possible close approach to the substance. The team members
perform responses to releases or potential releases of hazardous
substances for the purpose of control or stabilization of the
incident. A HAZMAT team is not a fire brigade nor is a typical
fire brigade a HAZMAT team. A HAZMAT team, however, may be a
separate component of a fire brigade or fire department.
(i) "Hazardous substance" means any substance designated or
listed under (i)(i) through (iv) of this subsection, exposure to
which results or may result in adverse effects on the health or
safety of employees:
(i) Any substance defined under section 101(14) of CERCLA;
(ii) Any biological agent and other disease-causing agent
which after release into the environment and upon exposure,
ingestion, inhalation, or assimilation into any person, either
directly from the environment or indirectly by ingestion through
food chains, will or may reasonably be anticipated to cause
death, disease, behavioral abnormalities, cancer, genetic
mutation, physiological malfunctions (including malfunctions in
reproduction) or physical deformations in such persons or their
offspring;
(iii) Any substance listed by the United States Department
of Transportation as hazardous materials under WAC 480-12-195;
and
(iv) Hazardous waste as herein defined.
(j) "Hazardous waste" means:
A waste or combination of wastes as defined in (m) of this
subsection.
(k) "Hazardous waste operation" means any operation
conducted within the scope of this standard.
(l) "Hazardous waste site" or "site" means any facility or
location within the scope of this standard at which hazardous
waste operations take place.
(m) "Health hazard" means a chemical, mixture of chemicals,
or a pathogen for which there is statistically significant
evidence based on at least one study conducted in accordance with
established scientific principles that acute or chronic health
effects may occur in exposed employees. The term "health hazard"
includes chemicals which are carcinogens, toxic or highly toxic
agents, reproductive toxins, irritants, corrosives, sensitizers,
hepatotoxins, nephrotoxins, neurotoxins, agents which act on the
hematopoietic system, and agents which damage the lungs, skin,
eyes, or mucous membranes. It also includes stress due to
temperature extremes. Further definition of the terms used above
can be found in Appendix A to chapter 296-62 WAC, Part C.
(n) "IDLH" or "immediately dangerous to life or health"
means any atmospheric concentration of any toxic, corrosive, or
asphyxiant substance that poses an immediate threat to life or
would cause irreversible or delayed adverse health effects or
would interfere with an individual's ability to escape from a
dangerous atmosphere.
(o) "Oxygen deficiency" means that concentration of oxygen
by volume below which atmosphere supplying respiratory protection
must be provided. It exists in atmospheres where the percentage
of oxygen by volume is less than 19.5 percent oxygen.
(p) "Permissible exposure limit" means the exposure,
inhalation, or dermal permissible limit specified in WAC 296-62-075 through 296-62-07515.
(q) "Published exposure level" means the exposure limits
published in "NIOSH Recommendations for Occupational Health
Standards" dated 1986 incorporated by reference, or if none is
specified, the exposure limits published in the standards
specified by the American Conference of Governmental Industrial
Hygienists in their publication "Threshold Limit Values and
Biological Exposure Indices for 1988-89" dated 1988 incorporated
by reference.
(r) "Post emergency response" means that portion of an
emergency response performed after the immediate threat of a
release has been stabilized or eliminated and clean-up of the
site has begun. If post emergency response is performed by an
employer's own employees who were part of the initial emergency
response, it is considered to be part of the initial response and
not post emergency response. However, if a group of an
employer's own employees, separate from the group providing
initial response, performs the clean-up operation, then the
separate group of employees would be considered to be performing
post-emergency response and subject to WAC 296-62-3112(11).
(s) "Qualified person" means a person with specific
training, knowledge, and experience in the area for which the
person has responsibility and the authority to control.
(t) "Site safety and health supervisor (or official)" means
the individual located on a hazardous waste site who is
responsible to the employer and has the authority and knowledge
necessary to implement the site safety and health plan and verify
compliance with applicable safety and health requirements.
(u) "Site work zones" means an exclusion zone, contamination
reduction zone, and a clean zone established at a hazardous waste
site before clean-up work begins to prevent or reduce the
movement of contaminants from the site to uncontaminated areas
and to control public, employee, and equipment exposure to
hazardous substances.
(i) The exclusion zone is the innermost of the zones and is
where contamination does occur. The contamination reduction zone
is the zone between the exclusion zone and the clean zone and
serves as a transition and buffer between the contaminated and
clean zone to further reduce the physical transfer of
contaminating substances to the public, employees, and equipment.
The clean zone is the outermost of the zones and is a
noncontaminated or clean area. The level of contamination in
these zones is not defined and some designated exclusion zones
can have very little contamination directly affecting employees.
(ii) The contaminated reduction corridors are the designated
areas within the contaminated reduction zone for the
decontamination of personnel and equipment.
(v) "Small quantity generator" means a generator of
hazardous wastes who in any calendar month generates no more than
1000 kilograms (2205 pounds) of hazardous waste in that month.
(w) "Uncontrolled hazardous waste site" means an area
identified as an uncontrolled hazardous waste site by a
governmental body, whether federal, state, local, or other where
an accumulation of hazardous substances creates a threat to the
health and safety of individuals or the environment or both.
Some sites are found on public lands, such as those created by
former municipal, county, or state landfills where illegal or
poorly managed waste disposal has taken place. Other sites are
found on private property, often belonging to generators or
former generators of hazardous substance waste. Examples of such
sites include, but are not limited to, surface impoundments,
landfills, dumps, and tank or drum farms. Normal operations at
TSD sites are not covered by this definition.))
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-62-300, filed 7/20/94, effective 9/20/94; 91-24-017 (Order 91-07), § 296-62-300, filed 11/22/91, effective 12/24/91; 90-20-091 (Order 90-14), § 296-62-300, filed 10/1/90, effective 11/15/90; 89-21-018 (Order 89-10), § 296-62-300, filed 10/10/89, effective 11/24/89; 88-21-002 (Order 88-23), § 296-62-300, filed 10/6/88, effective 11/7/88.]
NEW SECTION
WAC 296-62-30001 Scope and application. (1) Scope. This section covers employers who have employees who work in the following operations:
(a) Clean-up operations required by a governmental body, whether federal, state, local, or other involving hazardous substances that are conducted at uncontrolled hazardous waste sites (including, but not limited to, the EPA's National Priority Site List (NPL), state priority site lists, sites recommended for the EPA NPL, and initial investigations of government identified sites which are conducted before the presence or absence of hazardous substances has been ascertained);
(b) Corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.);
(c) Voluntary clean-up operations at sites recognized by federal, state, local, or other governmental bodies as uncontrolled hazardous waste sites;
(d) Operations involving hazardous wastes that are conducted at treatment, storage, and disposal (TSD) facilities regulated by 40 CFR Parts 264 and 265 under RCRA; or by agencies under agreement with U.S.E.P.A. to implement RCRA regulations.
(2) Application.
(a) All requirements of this chapter and chapters 296-24 and 296-155 WAC apply to hazardous waste operations whether covered by this part or not. If there is a conflict or overlap, the provision more protective of employee safety and health must apply.
(b) Hazardous substance clean-up operations within the scope of subsection (1)(a), (b), and (c) of this section must comply with all sections of WAC 296-62-410, Part R, Emergency response to hazardous substance release.
(c) Operations within the scope of subsection (1)(d) of this section must comply only with the requirements of WAC 296-62-3140 through 296-62-31430.
Notes and Exceptions:
(i) All provisions of WAC 296-62-3140 through 296-62-31430 cover any treatment, storage, or disposal (TSD) operation regulated by 40 CFR Parts 264 and 265 or by state law authorized under RCRA, and required to have a permit or interim status from EPA under 40 CFR 270.1 or from a state agency under RCRA.
(ii) Employers who are not required to have a permit or interim status because they are conditionally exempt small quantity generators under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for exemptions from regulation under 40 CFR Parts 264, 265, and 270 ("excepted employers") are not covered by WAC 296-62-31405 through 296-62-31445. Excepted employers who are required by the EPA or state agency to have their employees engage in emergency response or who direct their employees to engage in emergency response are covered by WAC 296-62-31450 through 296-62-31470 and cannot be exempted by WAC 296-62-31455. Excepted employers who are not required to have employees engage in emergency response, who direct their employees to evacuate in the case of such emergencies and who meet the requirements of WAC 296-62-31455 are exempt from the balance of WAC 296-62-31450 through 296-62-31470.
(iii) If an area is used primarily for treatment, storage or disposal, any emergency response operations in that area must comply with WAC 296-62-31410 through 296-62-31470. In other areas not used primarily for treatment, storage or disposal, any emergency response operations must comply with WAC 296-62-410, Part R, Emergency response to hazardous substance release. Compliance with the requirements of WAC 296-62-410, Part R, Emergency response to hazardous substance release must be deemed to be in compliance with the requirements of WAC 296-62-31450 through 296-62-31470.
[]
NEW SECTION
WAC 296-62-30003 Definitions. "Buddy system" means a system of organizing employees into work groups in such a manner that each employee of the work group is designated to be observed by at least one other employee in the work group. The purpose of the buddy system is to provide rapid assistance to employees in the event of an emergency.
"Clean-up operation" means an operation where hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared-up, or in any other manner processed or handled with the ultimate goal of making the site safer for people or the environment.
"Contamination reduction zone" means the buffer between the exclusion zone and the outermost clean zone.
"Decontamination" means the removal of hazardous substances from employees and their equipment to the extent necessary to preclude the occurrence of foreseeable adverse health effects.
"Emergency response" or "responding to emergencies" means a response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area or by maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to release of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.
"Exclusion zone" means the innermost zone at a site where contamination does occur.
"Facility" means:
Any building structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, storage container, motor vehicle, rolling stock, or aircraft; or
Any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any water-borne vessel.
"Hazardous substance" means any substance designated or listed under this definition, exposure to which results or may result in adverse effects on the health or safety of employees:
Any substance defined under section 101(14) of CERCLA;
Any biological agent and other disease-causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such persons or their offspring;
Any substance listed by the United States Department of Transportation as hazardous materials under WAC 480-12-195; and
Hazardous waste as herein defined.
"Hazardous waste" means:
A waste or combination of wastes as defined as a "health hazard."
"Hazardous waste operation" means any operation conducted within the scope of this standard.
"Hazardous waste site" or "site" means any facility or location within the scope of this standard at which hazardous waste operations take place.
"Health hazard" means a chemical, mixture of chemicals, or a pathogen for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. It also includes stress due to temperature extremes. Further definition of the terms used above can be found in Appendix A to chapter 296-62 WAC, Part C.
"IDLH" or "immediately dangerous to life or health" means any atmospheric concentration of any toxic, corrosive, or asphyxiant substance that poses an immediate threat to life or would cause irreversible or delayed adverse health effects or would interfere with an individual's ability to escape from a dangerous atmosphere.
"Oxygen deficiency" means that concentration of oxygen by volume below which atmosphere supplying respiratory protection must be provided. It exists in atmospheres where the percentage of oxygen by volume is less than 19.5 percent oxygen.
"Permissible exposure limit" means the exposure, inhalation, or dermal permissible limit specified in WAC 296-62-075 through 296-62-07515.
"Published exposure level" means the exposure limits published in "NIOSH Recommendations for Occupational Health Standards" dated 1986 incorporated by reference, or if none is specified, the exposure limits published in the standards specified by the American Conference of Governmental Industrial Hygienists in their publication "Threshold Limit Values and Biological Exposure Indices for 1988-89" dated 1988 incorporated by reference.
"Postemergency response" means that portion of an emergency response performed after the immediate threat of a release has been stabilized or eliminated and clean-up of the site has begun. If postemergency response is performed by an employer's own employees who were part of the initial emergency response, it is considered to be part of the initial response and not postemergency response. However, if a group of an employer's own employees, separate from the group providing initial response, performs the clean-up operation, then the separate group of employees would be considered to be performing postemergency response and subject to chapter 296-62 WAC, Part R.
"Qualified person" means a person with specific training, knowledge, and experience in the area for which the person has responsibility and the authority to control.
"Site safety and health supervisor (or official)" means the individual located on a hazardous waste site who is responsible to the employer and has the authority and knowledge necessary to implement the site safety and health plan and verify compliance with applicable safety and health requirements.
"Site work zones" means an exclusion zone, contamination reduction zone, and a clean zone established at a hazardous waste site before clean-up work begins to prevent or reduce the movement of contaminants from the site to uncontaminated areas and to control public, employee, and equipment exposure to hazardous substances.
The exclusion zone is the innermost of the zones and is where contamination does occur. The contamination reduction zone is the zone between the exclusion zone and the clean zone and serves as a transition and buffer between the contaminated and clean zone to further reduce the physical transfer of contaminating substances to the public, employees, and equipment. The clean zone is the outermost of the zones and is a noncontaminated or clean area. The level of contamination in these zones is not defined and some designated exclusion zones can have very little contamination directly affecting employees.
The contaminated reduction corridors are the designated areas within the contaminated reduction zone for the decontamination of personnel and equipment.
"Small quantity generator" means a generator of hazardous wastes who in any calendar month generates no more than 1000 kilograms (2205 pounds) of hazardous waste in that month.
"Uncontrolled hazardous waste site" means an area identified as an uncontrolled hazardous waste site by a governmental body, whether federal, state, local, or other where an accumulation of hazardous substances creates a threat to the health and safety of individuals or the environment or both. Some sites are found on public lands, such as those created by former municipal, county, or state landfills where illegal or poorly managed waste disposal has taken place. Other sites are found on private property, often belonging to generators or former generators of hazardous substance waste. Examples of such sites include, but are not limited to, surface impoundments, landfills, dumps, and tank or drum farms. Normal operations at TSD sites are not covered by this definition.
[]
AMENDATORY SECTION (Amending WSR 95-04-007, filed 1/18/95, effective 3/1/95)
WAC 296-62-3010 Overview of a written safety and health program.
Note: Safety and health programs developed and implemented to meet other federal, state, or local regulations are considered acceptable in meeting this requirement if they cover or are modified to cover the topics required in this section. An additional or separate safety and health program is not required by this section.
(((1) General.
(a))) Employers ((shall)) must develop and implement a
written safety and health program for their employees involved in
hazardous waste operations. The program ((shall)) must be
designed to identify, evaluate, and control safety and health
hazards and provide for emergency response for hazardous waste
operations.
(((b) The written safety and health program shall
incorporate the following:
(i) An organizational structure;
(ii) A comprehensive workplan;
(iii) A site-specific safety and health plan which need not
repeat the employer's standard operating procedures required in
(b)(vi) of this subsection;
(iv) The safety and health training program;
(v) The medical surveillance program;
(vi) The employer's standard operating procedures for safety
and health; and
(vii) Any necessary interface between general program and
site specific activities.
(c) Site excavation. Site excavations created during
initial site preparation or during hazardous waste operations
shall be shored or sloped as appropriate to prevent accidental
collapse in accordance with subpart N of chapter 296-155 WAC.
(d) Contractors and subcontractors. An employer who retains
contractor or subcontractor services for work in hazardous waste
operations shall inform those contractors, subcontractors, or
their representatives of the site emergency response procedures
and any potential fire, explosion, health, safety, or other
hazards of the hazardous waste operation that have been
identified by the employer, including those identified in the
employer's information program.
(e) Program availability. The written safety and health
program shall be made available to any contractor or
subcontractor or their representative who will be involved with
the hazardous waste operation; to employees; to employee
designated representatives; to WISHA personnel, and to personnel
of other federal, state, or local agencies with regulatory
authority over the site.
(2) Organizational structure part of the site program.
(a) The organizational structure part of the program shall
establish the specific chain of command and specify the overall
responsibilities of supervisors and employees. It shall include
at a minimum, the following elements:
(i) A general supervisor who has the responsibility and
authority to direct all hazardous waste operations.
(ii) A site safety and health supervisor who has the
responsibility and authority to develop and implement the site
safety and health plan and verify compliance.
(iii) All other personnel needed for hazardous waste site
operations and emergency response and their general functions and
responsibilities.
(iv) The lines of authority, responsibility, and
communication.
(b) The organizational structure shall be reviewed and
updated as necessary to reflect the current status of waste site
operations.
(3) Comprehensive workplan part of the site program. The
comprehensive workplan shall address the tasks and objectives of
site operations and the logistics and resources required to reach
those tasks and objectives.
(a) The comprehensive workplan shall address anticipated
clean-up activities as well as normal operating procedures which
need not repeat the employers procedures available elsewhere.
(b) The comprehensive workplan shall define work tasks and
objectives and identify the methods for accomplishing those tasks
and objectives.
(c) The comprehensive workplan shall establish personnel
requirements for implementing the plan.
(d) The comprehensive workplan shall provide for the
implementation of the training required in WAC 296-62-3040.
(e) The comprehensive workplan shall provide for the
implementation of the required informational programs required in
WAC 296-62-3080.
(f) The comprehensive workplan shall provide for the
implementation of the medical surveillance program described in
WAC 296-62-3050.
(4) Site-specific safety and health plan part of the
program.
(a) General. The site safety and health plan, which must be
kept on site, shall address the safety and health hazards of each
phase of site operation; and include the requirements and
procedures for employee protection.
(b) Elements. The site safety and health plan, as a
minimum, shall address the following:
(i) Names of key personnel and alternates responsible for
site safety and health, including a site safety and health
supervisor.
(ii) A safety and health risk or hazard analysis for each
site task and operation found in the workplan.
(iii) Employee training assignments to assure compliance
with WAC 296-62-3040.
(iv) Personal protective equipment to be used by employees
for each of the site tasks and operations being conducted as
required by the personal protective equipment program in WAC 296-62-3060(5).
(v) Medical surveillance requirements in accordance with the
program in WAC 296-62-3050.
(vi) Frequency and types of air monitoring, personnel
monitoring, and environmental sampling techniques and
instrumentation to be used, including methods of maintenance and
calibration of monitoring and sampling equipment to be used.
(vii) Site control measures in accordance with the site
control program required in WAC 296-62-3030.
(viii) Decontamination procedures in accordance with WAC
296-62-3100.
(ix) An emergency response plan meeting the requirements of
WAC 296-62-3110 for safe and effective responses to emergencies,
including the necessary PPE and other equipment.
(x) Confined space and permit-required confined space entry
procedures as addressed in chapter 296-62 WAC, Part M.
(xi) A spill containment program meeting the requirements of
WAC 296-62-3090.
(c) Preentry briefing. The site specific safety and health
plan shall provide for preentry briefings to be held prior to
initiating any site activity, and at such other times as
necessary to ensure that employees are apprised of the site
safety and health plan and that this plan is being followed. The
information and data obtained from site characterization and
analysis work required in WAC 296-62-3020 shall be used to
prepare and update the site safety and health plan.
(d) Effectiveness of site safety and health plan.
Inspections shall be conducted by the site safety and health
supervisor or, in the absence of that individual, another
individual who is knowledgeable in occupational safety and health
acting on behalf of the employer as necessary to determine the
effectiveness of the site safety and health plan. Any
deficiencies in the effectiveness of the site safety and health
plan shall be corrected by the employer.))
[Statutory Authority: Chapter 49.17 RCW. 95-04-007, § 296-62-3010, filed 1/18/95, effective 3/1/95; 89-21-018 (Order 89-10), § 296-62-3010, filed 10/10/89, effective 11/24/89; 88-21-002 (Order 88-23), § 296-62-3010, filed 10/6/88, effective 11/7/88.]
NEW SECTION
WAC 296-62-30105 Elements of a safety and health program. The written safety and health program must include the following elements:
(1) An organizational structure;
(2) A comprehensive workplan;
(3) A site-specific safety and health plan which need not repeat the employer's standard operating procedures required in subsection (7) of this section;
(4) The safety and health training program;
(5) The medical surveillance program;
(6) The employer's standard operating procedures for safety and health; and
(7) Any necessary interface between general program and site specific activities.
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NEW SECTION
WAC 296-62-30110 Safety considerations during the initial site excavation. Site excavations created during initial site preparation or during hazardous waste operations must be shored or sloped as appropriate to prevent accidental collapse in accordance with subpart N of chapter 296-155 WAC.
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NEW SECTION
WAC 296-62-30115 Notifying contractors and subcontractors of procedures and hazards. An employer who retains contractor or subcontractor services for work in hazardous waste operations must inform those contractors, subcontractors, or their representatives of the site emergency response procedures and any potential fire, explosion, health, safety, or other hazards of the hazardous waste operation that have been identified by the employer, including those identified in the employer's information program.
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NEW SECTION
WAC 296-62-30120 Availability of the safety and health program. The written safety and health program must be made available to any contractor or subcontractor or their representative who will be involved with the hazardous waste operation; to employees; to employee designated representatives; to WISHA personnel, and to personnel of other federal, state, or local agencies with regulatory authority over the site.
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NEW SECTION
WAC 296-62-30125 Organizational structure of the site safety and health program. (1) The organizational structure of the site safety and health program must establish the specific chain of command and specify the overall responsibilities of supervisors and employees. It must include at a minimum, the following elements:
(a) A general supervisor who has the responsibility and authority to direct all hazardous waste operations.
(b) A site safety and health supervisor who has the responsibility and authority to develop and implement the site safety and health plan and verify compliance.
(c) All other personnel needed for hazardous waste site operations and emergency response and their general functions and responsibilities.
(d) The lines of authority, responsibility, and communication.
(2) The organizational structure shall be reviewed and updated as necessary to reflect the current status of waste site operations.
[]
NEW SECTION
WAC 296-62-30130 Comprehensive workplan of the site program. The comprehensive workplan must address the tasks and objectives of site operations and the logistics and resources required to reach those tasks and objectives. The comprehensive workplan must:
(1) Address anticipated clean-up activities as well as normal operating procedures which need not repeat the employers procedures available elsewhere.
(2) Define work tasks and objectives and identify the methods for accomplishing those tasks and objectives.
(3) Establish personnel requirements for implementing the plan.
(4) Provide for the implementation of the training required in WAC 296-62-3040.
(5) Provide for the implementation of the required informational programs required in WAC 296-62-3080.
(6) Provide for the implementation of the medical surveillance program described in WAC 296-62-3050 through 296-62-30535.
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NEW SECTION
WAC 296-62-30135 Overview of a site-specific safety and health plan. (1) A written site-specific safety and health plan, must be kept on site. It must address the safety and health hazards of each phase of site operation and include the requirements and procedures for employee protection.
(2) Elements of a site-specific safety and health plan. The site-specific safety and health plan must include the following elements:
(a) The names of key personnel and alternates responsible for site safety and health, including a site safety and health supervisor.
(b) A safety and health risk or hazard analysis for each site task and operation found in the workplan.
(c) Employee training assignments to assure compliance with WAC 296-62-3040 through 296-62-30465.
(d) Personal protective equipment to be used by employees for each of the site tasks and operations being conducted as required by the personal protective equipment program in WAC 296-62-30615.
(e) A medical surveillance program meeting the requirements in WAC 296-62-3050 through 296-62-30535.
(f) Frequency and types of air monitoring, personnel monitoring, and environmental sampling techniques and instrumentation to be used, including methods of maintenance and calibration of monitoring and sampling equipment to be used.
(g) Site control measures in WAC 296-62-3030 through 296-62-30315.
(h) Decontamination procedures in WAC 296-62-3100 through 296-62-31015.
(i) An emergency response plan meeting the requirements of chapter 296-62 WAC, Part R for safe and effective responses to emergencies, including the necessary PPE and other equipment.
(j) Confined space and permit-required confined space entry procedures as addressed in chapter 296-62 WAC, Part M.
(k) A spill containment program meeting the requirements of WAC 296-62-3090 through 296-62-30940.
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NEW SECTION
WAC 296-62-30140 Preentry briefing of the site-specific safety and health plan. The site-specific safety and health plan must provide for preentry briefings to be held prior to initiating any site activity, and at such other times as necessary to ensure that employees are apprised of the site safety and health plan and that this plan is being followed. The information and data obtained from site characterization and analysis work required in WAC 296-62-3020 through 296-62-30235 must be used to prepare and update the site safety and health plan.
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NEW SECTION
WAC 296-62-30145 Effectiveness of site safety and health plan. Inspections must be conducted by the site safety and health supervisor or, in the absence of that individual, another individual who is knowledgeable in occupational safety and health acting on behalf of the employer as necessary to determine the effectiveness of the site safety and health plan. Any deficiencies in the effectiveness of the site safety and health plan must be corrected by the employer.
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AMENDATORY SECTION (Amending WSR 94-16-145, filed 8/3/94, effective 9/12/94)
WAC 296-62-3020 Site characterization and analysis. (((1)
General.)) Hazardous waste sites ((shall)) must be evaluated in
accordance with this section to identify specific site hazards
and to determine the appropriate safety and health control
procedures needed to protect employees from the identified
hazards.
(((2) Preliminary evaluation. A preliminary evaluation of a
site's characteristics shall be performed prior to site entry by
a qualified person in order to aid in the selection of
appropriate employee protection methods prior to site entry.
Immediately after initial site entry, a more detailed evaluation
of the site's specific characteristics shall be performed by a
qualified person in order to further identify existing site
hazards and to further aid in the selection of the appropriate
engineering controls and personal protective equipment for the
tasks to be performed.
(3) Hazard identification. All suspected conditions that
may pose inhalation or skin absorption hazards that are
immediately dangerous to life or health (IDLH), or other
conditions that may cause death or serious harm, shall be
identified during the preliminary survey and evaluated during the
detailed survey. Examples of such hazards include, but are not
limited to, confined space entry, potentially explosive or
flammable situations, visible vapor clouds, or areas where
biological indicators such as dead animals or vegetation are
located.
(4) Required information. The following information to the
extent available shall be obtained by the employer prior to
allowing employees to enter a site:
(a) Location and approximate size of the site.
(b) Description of the response activity and/or the job task
to be performed.
(c) Duration of the planned employee activity.
(d) Site topography and accessibility by air and roads.
(e) Safety and health hazards expected at the site.
(f) Pathways for hazardous substance dispersion.
(g) Present status and capabilities of emergency response
teams that would provide assistance to hazardous waste clean-up
site employees at the time of an emergency.
(h) Hazardous substances and health hazards involved or
expected at the site and their chemical and physical properties.
(5) Personal protective equipment. Personal protective
equipment (PPE) shall be provided and used during initial site
entry in accordance with the following requirements:
(a) Based upon the results of the preliminary site
evaluation, an ensemble of PPE shall be selected and used during
initial site entry which will provide protection to a level of
exposure below established permissible exposure limits and
published exposure levels for known or suspected hazardous
substances and health hazards, and which will provide protection
against other known and suspected hazards identified during the
preliminary site evaluation. If there is no permissible exposure
limit or published exposure level, the employer may use other
published studies and information as a guide to appropriate
personal protective equipment. Level A and Level B personal
protective equipment is required for the most hazardous actual or
potential exposures.
(b) If positive-pressure self-contained breathing apparatus
is not used as part of the entry ensemble, and if respiratory
protection is warranted by the potential hazards identified
during the preliminary site evaluation, an escape self-contained
breathing apparatus of at least five minute's duration shall be
carried by employees during initial site entry.
(c) If the preliminary site evaluation does not produce
sufficient information to identify the hazards or suspected
hazards of the site an ensemble providing protection equivalent
to Level B PPE shall be provided as minimum protection and direct
reading instruments shall be used as appropriate for identifying
IDLH conditions. (See WAC 296-62-3170 - Appendix B for a
description of Level B hazards and the recommendations for Level
B protective equipment.)
(d) Once the hazards of the site have been identified, the
appropriate PPE shall be selected and used in accordance with WAC
296-62-3060.
(6) Monitoring. The following monitoring shall be conducted
during initial site entry when the site evaluation produces
information that shows the potential for ionizing radiation or
IDLH conditions, or when the site information is not sufficient
to rule out these possible conditions:
(a) Monitoring with direct reading instruments for hazardous
levels of ionizing radiation.
(b) Monitoring the air with appropriate direct reading
equipment (i.e., combustible gas meters, detector tubes) for IDLH
and other conditions that may cause death or serious harm
(combustible or explosive atmospheres, oxygen deficiency, toxic
substances).
(c) Visually observing for signs of actual or potential IDLH
or other dangerous conditions.
(d) An ongoing air monitoring program in accordance with WAC
296-62-3070 shall be implemented after site characterization has
determined the site is safe for the start-up of operations.
(7) Risk identification. Once the presence and
concentrations of specific hazardous substances and health
hazards have been established, the risks associated with these
substances shall be identified. Employees who will be working on
the site shall be informed of any risks that have been
identified. In situations covered by chapter 296-62 WAC, Part C,
training required by those standards need not be duplicated.
Note: Risks to consider include, but are not limited to:
(a) Exposures exceeding the permissible exposure limits and published exposure levels.
(b) IDLH concentrations.
(c) Potential skin absorption and irritation sources.
(d) Potential eye irritation sources.
(e) Explosion sensitivity and flammability ranges.
(f) Oxygen deficiency.
(8) Employee notification. Any information concerning the
chemical, physical, and toxicologic properties of each substance
known or expected to be present on site that is available to the
employer and relevant to the duties an employee is expected to
perform shall be made available to all employees prior to the
commencement of their work activities. The employer may utilize
information developed for the hazard communication standard,
chapter 296-62 WAC, Part C, for this purpose.))
[Statutory Authority: Chapter 49.17 RCW. 94-16-145, § 296-62-3020, filed 8/3/94, effective 9/12/94; 90-20-091 (Order 90-14), § 296-62-3020, filed 10/1/90, effective 11/15/90; 89-21-018 (Order 89-10), § 296-62-3020, filed 10/10/89, effective 11/24/89; 88-21-002 (Order 88-23), § 296-62-3020, filed 10/6/88, effective 11/7/88.]
NEW SECTION
WAC 296-62-30205 Preliminary evaluation. A preliminary evaluation of a site's characteristics must be performed prior to site entry by a qualified person in order to aid in the selection of appropriate employee protection methods prior to site entry. Immediately after initial site entry, a more detailed evaluation of the site's specific characteristics must be performed by a qualified person in order to further identify existing site hazards and to further aid in the selection of the appropriate engineering controls and personal protective equipment for the tasks to be performed.
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NEW SECTION
WAC 296-62-30210 Hazard identification. All suspected conditions that may pose inhalation or skin absorption hazards that are immediately dangerous to life or health (IDLH), or other conditions that may cause death or serious harm, must be identified during the preliminary survey and evaluated during the detailed survey. Examples of such hazards include, but are not limited to, confined space entry, potentially explosive or flammable situations, visible vapor clouds, or areas where biological indicators such as dead animals or vegetation are located.
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NEW SECTION
WAC 296-62-30215 Required information. The following information to the extent available must be obtained by the employer prior to allowing employees to enter a site:
(1) Location and approximate size of the site.
(2) Description of the response activity and/or the job task to be performed.
(3) Duration of the planned employee activity.
(4) Site topography and accessibility by air and roads.
(5) Safety and health hazards expected at the site.
(6) Pathways for hazardous substance dispersion.
(7) Present status and capabilities of emergency response teams that would provide assistance to hazardous waste clean-up site employees at the time of an emergency.
(8) Hazardous substances and health hazards involved or expected at the site and their chemical and physical properties.
[]
NEW SECTION
WAC 296-62-30220 Personal protective equipment. Personal protective equipment (PPE) must be provided and used during initial site entry in accordance with the following requirements:
(1) Based upon the results of the preliminary site evaluation, an ensemble of PPE must be selected and used during initial site entry which will provide protection to a level of exposure below established permissible exposure limits and published exposure levels for known or suspected hazardous substances and health hazards, and which will provide protection against other known and suspected hazards identified during the preliminary site evaluation. If there is no permissible exposure limit or published exposure level, the employer may use other published studies and information as a guide to appropriate personal protective equipment. Level A and Level B personal protective equipment is required for the most hazardous actual or potential exposures.
(2) If positive-pressure self-contained breathing apparatus is not used as part of the entry ensemble, and if respiratory protection is warranted by the potential hazards identified during the preliminary site evaluation, an escape self-contained breathing apparatus of at least five minute's duration must be carried by employees during initial site entry.
(3) If the preliminary site evaluation does not produce sufficient information to identify the hazards or suspected hazards of the site an ensemble providing protection equivalent to Level B PPE must be provided as minimum protection and direct reading instruments must be used as appropriate for identifying IDLH conditions. (See WAC 296-62-3170 - Appendix B for a description of Level B hazards and the recommendations for Level B protective equipment.)
(4) Once the hazards of the site have been identified, the appropriate PPE must be selected and used in accordance with WAC 296-62-3060 through 296-62-30615.
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NEW SECTION
WAC 296-62-30225 Monitoring. The following monitoring must be conducted during initial site entry when the site evaluation produces information that shows the potential for ionizing radiation or IDLH conditions, or when the site information is not sufficient to rule out these possible conditions:
(1) Monitoring with direct reading instruments for hazardous levels of ionizing radiation.
(2) Monitoring the air with appropriate direct reading equipment (i.e., combustible gas meters, detector tubes) for IDLH and other conditions that may cause death or serious harm (combustible or explosive atmospheres, oxygen deficiency, toxic substances).
(3) Visually observing for signs of actual or potential IDLH or other dangerous conditions.
(4) An ongoing air monitoring program in accordance with WAC 296-62-30710 and 296-62-30715 must be implemented after site characterization has determined the site is safe for the start-up of operations.
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NEW SECTION
WAC 296-62-30230 Risk identification. Once the presence and concentrations of specific hazardous substances and health hazards have been established, the risks associated with these substances must be identified. Employees who will be working on the site must be informed of any risks that have been identified. In situations covered by chapter 296-62 WAC, Part C, training required by those standards need not be duplicated.
Note: Risks to consider include, but are not limited to:
(1) Exposures exceeding the permissible exposure limits and published exposure levels.
(2) IDLH concentrations.
(3) Potential skin absorption and irritation sources.
(4) Potential eye irritation sources.
(5) Explosion sensitivity and flammability ranges.
(6) Oxygen deficiency.
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NEW SECTION
WAC 296-62-30235 Employee notification. Any information concerning the chemical, physical, and toxicologic properties of each substance known or expected to be present on site that is available to the employer and relevant to the duties an employee is expected to perform must be made available to all employees prior to the commencement of their work activities. The employer may use information developed for the hazard communication standard, chapter 296-62 WAC, Part C, for this purpose.
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AMENDATORY SECTION (Amending Order 89-10, filed 10/10/89, effective 11/24/89)
WAC 296-62-3030 Site control. (((1) General.))
Appropriate site control procedures ((shall)) must be implemented
to control employee exposure to hazardous substances before
clean-up work begins.
(((2) Site control program. A site control program for
protecting employees which is part of the employer's site safety
and health program required in WAC 296-62-3010 shall be developed
during the planning stages of a hazardous waste clean-up
operation and modified as necessary as new information becomes
available.
(3) Elements of the site control program. The site control
program shall, as a minimum, include: A site map; site work
zones; the use of a "buddy system"; site communications including
alerting means for emergencies; the standard operating procedures
or safe work practices; and, identification of nearest medical
assistance. Where these requirements are covered elsewhere they
need not be repeated.
(4) Site work zones.
(a) The site work zones shall be the exclusion zone,
contamination reduction zone, and the clean zone.
(b) Decontamination procedures shall take place in the
contamination reduction corridor consisting, if practical, of
separate corridors for personnel and for equipment.
(c) An entry and exit check point must be established at the
boundary of the exclusion zone to regulate the flow of personnel
and equipment into and out of the zone. Exit from the exclusion
zone must be through a contamination reduction corridor.
(d) Access to the contamination reduction zone from the
clean zone is through a control point. Personnel entering or
working in the contamination zone shall wear the prescribed
personnel protective equipment, if required, for working in this
zone. Entering the clean zone requires removal of any protective
equipment worn in the contamination reduction zone.))
[Statutory Authority: Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-62-3030, filed 10/10/89, effective 11/24/89; 88-21-002 (Order 88-23), § 296-62-3030, filed 10/6/88, effective 11/7/88.]
NEW SECTION
WAC 296-62-30305 Site control program. A site control program for protecting employees which is part of the employer's site safety and health program required in WAC 296-62-3010 through 296-62-30145 must be developed during the planning stages of a hazardous waste clean-up operation and modified as necessary as new information becomes available.
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NEW SECTION
WAC 296-62-30310 Elements of the site control program. The site control program must, as a minimum, include: A site map; site work zones; the use of a "buddy system"; site communications including alerting means for emergencies; the standard operating procedures or safe work practices; and, identification of nearest medical assistance. Where these requirements are covered elsewhere they need not be repeated.
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NEW SECTION
WAC 296-62-30315 Site work zones. (1) The site work zones must be the exclusion zone, contamination reduction zone, and the clean zone.
(2) Decontamination procedures must take place in the contamination reduction corridor consisting, if practical, of separate corridors for personnel and for equipment.
(3) An entry and exit check point must be established at the boundary of the exclusion zone to regulate the flow of personnel and equipment into and out of the zone. Exit from the exclusion zone must be through a contamination reduction corridor.
(4) Access to the contamination reduction zone from the clean zone is through a control point. Personnel entering or working in the contamination zone must wear the prescribed personnel protective equipment, if required, for working in this zone. Entering the clean zone requires removal of any protective equipment worn in the contamination reduction zone.
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AMENDATORY SECTION (Amending WSR 95-04-007, filed 1/18/95, effective 3/1/95)
WAC 296-62-3040 General training requirements and the
employees covered. (1) ((General.
(a))) All employees working on site (such as but not limited
to equipment operators, general laborers, and others) exposed to
hazardous substances, health hazards, or safety hazards, and
their supervisors and management responsible for the site,
((shall)) must receive training meeting the requirements of this
subsection before they are permitted to engage in hazardous waste
operations that could expose them to hazardous substances,
safety, or health hazards, and they ((shall)) must review
training as specified in this subsection.
(((b))) (2) Employees ((shall)) must not be permitted to
participate in or supervise field activities until they have been
trained to a level required by their job function and
responsibility.
(((2) Elements to be covered. The training shall thoroughly
cover the following:
(a) Names of personnel and alternates responsible for site
safety and health;
(b) Safety, health, and other hazards present on the site;
(c) Use of personal protective equipment;
(d) Work practices by which the employee can minimize risks
from hazards;
(e) Safe use of engineering controls and equipment on the
site;
(f) Medical surveillance requirements including recognition
of symptoms and signs which might indicate overexposure to
hazards; and
(g) The contents of items (vii) through (x) of the site
safety and health plan set forth in WAC 296-62-3010 (4)(b).
(3) Initial training. General site workers (such as
equipment operators, general laborers, and supervisory personnel)
engaged in hazardous substance removal or other activities which
expose or potentially expose workers to hazardous substances and
health hazards shall receive the following required training:
(a) General site workers required to wear Level A or Level B
personal protective equipment because of the types of hazards to
which they are exposed or have the potential for being exposed
are required to have 80 hours of training and a minimum of three
days actual field experience under the direct supervision of a
trained, experienced supervisor.
(b) General site workers required to wear Level C or D
personal protective equipment, equipment operators or transport
vehicle operators, are required to have 40 hours of training and
a minimum of three days actual field experience under the direct
supervision of a trained, experienced supervisor.
(c) General site workers on site only occasionally for
specific limited tasks, and supervisors not working in the two
inner zones are required to have 24 hours of training. For
example, certain Environmental Protection Agency, and department
of ecology employees, labor and industries inspectors and other
short-term monitoring and surveying personnel would be required
to only have 24 hours of training if they are on-site only
occasionally for a specific limited task and are unlikely to be
exposed over permissible exposure levels and published exposure
limits. A minimum of one day actual field experience under
direct supervision is also required.
(d) Workers regularly on site who work in areas which have
been monitored and fully characterized indicating that exposures
are under permissible exposure limits and published exposure
limits where respirators are not necessary, and the
characterization indicates that there are no health hazards or
the possibility of an emergency developing, shall receive a
minimum of 24 hours of instruction off the site and the minimum
of one day actual field experience under the direct supervision
of a trained, experienced supervisor.
(e) Workers with 24 hours of training who are covered by (c)
and (d) of this subsection, and who become general site workers
or who are required to wear respirators, shall have the
additional 16 hours and two days of training necessary to total
the training specified in (b) of this subsection.
(4) Management and supervisor training. On-site management
and supervisors directly responsible for, or who supervise
employees engaged in, hazardous waste operations shall receive
the same initial training as listed in subsection (3) of this
section, and three days of supervised field experience and at
least eight additional hours of specialized training at the time
of job assignment on such topics as, but not limited to, the
employer's safety and health program and the associated employee
training program, personal protective equipment program, spill
containment program, and health hazard monitoring procedure and
techniques.
(5) Law enforcement at illicit drug labs.
Exception: WISHA did not intend application of the 80 hour training requirement to law enforcement personnel required
to enter illicit drug labs, secure the premise, and obtain necessary evidence for law enforcement purposes.
Attendance at a specific 40 hours course, such as that presented by the criminal justice training commission, is
acceptable.
Note: If cleanup activities are conducted by law enforcement personnel, then appropriate hazardous waste cleanup
training would be required.
(6) Training course content.
(a) 40 and 80 hour hazardous waste cleanup courses. As a
minimum, the training course content for the 40 hour and 80 hour
training program shall include the following topics:
(i) Overview of the applicable sections of Part P of chapter
296-62 WAC and the elements of an employer's effective
occupational safety and health program.
(ii) Effect of chemical exposure to hazardous substances
(i.e., toxicity, carcinogens, irritants, sensitizers, etc.).
(iii) Effects of biological and radiological exposures.
(iv) Fire and explosion hazards (i.e., flammable and
combustible liquids, reactive materials).
(v) General safety hazards, including electrical hazards,
powered equipment hazards, walking-working surface hazards and
those hazards associated with hot and cold temperature extremes.
(vi) Permit-required confined space, tank, and vault hazards
and entry procedures.
(vii) Names of personnel and alternates, where appropriate,
responsible for site safety and health at the site.
(viii) Specific safety, health, and other hazards that are
to be addressed at a site and in the site safety and health plan.
(ix) Use of personal protective equipment and the
implementation of the personal protective equipment program.
(x) Work practices that will minimize employee risk from
site hazards.
(xi) Safe use of engineering controls and equipment and any
new relevant technology or procedure.
(xii) Content of the medical surveillance program and
requirements, including the recognition of signs and symptoms of
overexposure to hazardous substances.
(xiii) The contents of an effective site safety and health
plan.
(xiv) Use of monitoring equipment with "hands-on" experience
and the implementation of the employee and site monitoring
program.
(xv) Implementation and use of the information program.
(xvi) Drum and container handling procedures and the
elements of a spill containment program.
(xvii) Selection and use of material handling equipment.
(xviii) Methods for assessment of risk and handling of
radioactive wastes.
(xix) Methods for handling shock-sensitive wastes.
(xx) Laboratory waste pack handling procedures.
(xxi) Container sampling procedures and safeguards.
(xxii) Safe preparation procedures for shipping and
transport of containers.
(xxiii) Decontamination program and procedures.
(xxiv) Emergency response plan and procedures including
first aid.
(xxv) Safe site illumination levels.
(xxvi) Site sanitation procedures and equipment for employee
needs.
(xxvii) Review of the applicable appendices to Part P of
chapter 296-62 WAC.
(xxviii) Overview and explanation of WISHA's hazard
communication standard Part C of chapter 296-62 WAC.
(xxix) Sources of reference, additional information and
efficient use of relevant manuals and hazard coding systems.
(xxx) Principles of toxicology and biological monitoring.
(xxxi) Rights and responsibilities of employees and
employers under WISHA and CERCLA.
(xxxii) "Hands-on" field exercises and demonstrations.
(b) 24-hour hazardous waste cleanup course. As a minimum,
the 24-hour training course required in WAC 296-62-3040 (3)(c)
and (d) for employees engaged in occasional visits to
uncontrolled hazardous waste sites shall include the following
topics where they are applicable to the job function to be
performed:
(i) Overview of applicable sections of Part P of chapter
296-62 WAC and the elements of the employer's effective
occupational safety and health program.
(ii) Employee rights and responsibilities under WISHA and
CERCLA.
(iii) Overview of relevant chemical exposures to hazardous
substances (i.e., toxics, carcinogens, irritants, sensitizers,
etc.).
(iv) Overview of the principles of toxicology and biological
monitoring.
(v) Use of monitoring equipment with hands-on practice and
an overview of a site monitoring program.
(vi) Overview of site hazards including fire and explosion,
confined spaces, oxygen deficiency, electrical hazards, powered
equipment hazards, walking-working surface hazards.
(vii) The contents of an effective site safety and health
plan.
(viii) Use of personal protective equipment and the
implementation of the personal protective equipment program.
(ix) Work practices that will minimize employee risk from
site hazards.
(x) Site simulations with "hands-on" exercises and practice.
(xi) Emergency response planning and response including
first aid.
(xii) Content of the medical surveillance program and
requirements, including the recognition of signs and symptoms of
overexposure to hazardous substances.
(xiii) Decontamination programs and procedures.
(xiv) Safe use of engineering controls and equipment.
(xv) Sources of references and efficient use of relevant
manuals and knowledge of hazard coding systems.
(c) 16-hour supplemental training for hazardous waste sites.
As a minimum, employees who have received 24 hours of training
for hazardous waste site operations shall receive training in the
following topics before they are allowed to work as general site
workers or if they are required to wear respirators:
(i) Relevant chemical exposures to hazardous substances
beyond that previously covered.
(ii) Site hazards including fire and explosion, confined
spaces, oxygen deficiency, electrical, powered equipment, and
walking-working surfaces beyond that previously covered.
(iii) Names of personnel and alternates responsible for site
safety and health at the site, where appropriate.
(iv) Use of monitoring equipment and the implementation of
the employee and the site monitoring program beyond that
previously covered.
(v) Implementation and use of the informational program.
(vi) Drum and container handling procedures and the elements
of a spill containment program.
(vii) Selection and use of material handling equipment.
(viii) Methods for assessment of risk and handling of
radioactive wastes.
(ix) Methods for handling shock-sensitive wastes.
(x) Laboratory waste pack handling procedures.
(xi) Container sampling procedures and safeguards.
(xii) Safe preparation procedures for shipping and transport
of containers.
(xiii) Decontamination program and procedures.
(xiv) Safety site illumination levels.
(xv) Site sanitation procedures and equipment.
(xvi) Review of the applicable appendices to Part P of
chapter 296-62 WAC.
(xvii) Overview and explanation of WISHA's Hazard
communication standard Part C of chapter 296-62 WAC.
(xviii) Sources of reference and additional information.
(d) Additional 8 hours of training for supervisors and
managers. Supervisors and managers shall receive an additional
eight hours of training in the following subjects:
(i) Management of hazardous wastes and their disposal.
(ii) Federal, state, and local agencies to be contacted in
the event of a release of hazardous substances.
(iii) Management of emergency procedures in the event of a
release of hazardous substances.
(7) Qualifications for trainers. Trainers shall be
qualified to instruct employees about the subject matter that is
being presented in training. Such trainers shall have
satisfactorily completed a training program for teaching the
subjects they are expected to teach, or they shall have the
academic credentials and instructional experience necessary for
teaching the subjects. Instructors shall demonstrate competent
instructional skills and knowledge of the applicable subject
matter.
(8) Training certification. Employees and supervisors that
have received and successfully completed the training and field
experience specified in subsections (1) through (4) of this
section shall be certified by their instructor or the head
instructor and trained supervisor as having successfully
completed the necessary training. A written certificate shall be
given to each person so certified. Any person who has not been
so certified or who does not meet the requirements of subsection
(11) of this section shall be prohibited from engaging in
hazardous waste operations.
(9) Emergency response. Employees who are engaged in
responding to hazardous emergency situations at hazardous waste
clean-up sites that may expose them to hazardous substances shall
be trained in how to respond to expected emergencies.
(10) Refresher training. Employees specified in subsection
(1) of this section, and managers specified in subsection (4) of
this section, shall receive eight hours of refresher training
annually on the items specified in subsections (2) and/or (4) of
this section, any critique of incidents that have occurred in the
past year that can serve as training examples of related work,
and other relevant topics.
(11) Equivalent training. Employers who can show by
documentation or certification that an employee's work experience
and/or training has resulted in training equivalent to that
training required in subsections (1) through (4) of this section
shall not be required to provide the initial training
requirements of those sections to such employees and shall
provide a copy of the certification or documentation to the
employee upon request. However, certified employees or employees
with equivalent training new to a site shall receive appropriate,
site specific training before site entry and have appropriate
supervised field experience at the new site. Equivalent training
includes any academic training or the training that existing
employees might have already received from actual hazardous waste
site work experience. The 80 hours of instruction required can
be fulfilled as follows:
(a) Instruction can include a combination of presently
available 40 hour training sessions and other related classes or
training including additional supervised on-the-job training as
long as material covered includes elements required in the
training section WAC 296-62-3040(2) of the regulations. A single
80 hour training session is also acceptable.
(b) Previously attended courses including eight-hour
refresher courses apply toward the 80 hour requirement and need
not be repeated.
(c) Documentation of previous experience and training by
qualified trainers is required of employers and must be available
to inspectors for review.
(d) When calculating hours of training, WISHA assumes a
"normal" work day to be eight hours with sufficient time for
lunch and other breaks.))
[Statutory Authority: Chapter 49.17 RCW. 95-04-007, § 296-62-3040, filed 1/18/95, effective 3/1/95; 91-24-017 (Order 91-07), § 296-62-3040, filed 11/22/91, effective 12/24/91; 90-20-091 (Order 90-14), § 296-62-3040, filed 10/1/90, effective 11/15/90; 89-21-018 (Order 89-10), § 296-62-3040, filed 10/10/89, effective 11/24/89; 88-21-002 (Order 88-23), § 296-62-3040, filed 10/6/88, effective 11/7/88.]
NEW SECTION
WAC 296-62-30405 Elements covered in training. The training must thoroughly cover the following:
(1) Names of personnel and alternates responsible for site safety and health;
(2) Safety, health, and other hazards present on the site;
(3) Use of personal protective equipment;
(4) Work practices by which the employee can minimize risks from hazards;
(5) Safe use of engineering controls and equipment on the site;
(6) Medical surveillance requirements including recognition of symptoms and signs which might indicate overexposure to hazards; and
(7) The contents of the site safety and health plan set forth in WAC 296-62-31035 (2)(g) through (j).
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NEW SECTION
WAC 296-62-30410 Initial training. General site workers (such as equipment operators, general laborers, and supervisory personnel) engaged in hazardous substance removal or other activities which expose or potentially expose workers to hazardous substances and health hazards must receive the following required training:
(1) General site workers required to wear Level A or Level B personal protective equipment because of the types of hazards to which they are exposed or have the potential for being exposed are required to have 80 hours of training and a minimum of three days actual field experience under the direct supervision of a trained, experienced supervisor.
(2) General site workers required to wear Level C or D personal protective equipment, equipment operators or transport vehicle operators, are required to have 40 hours of training and a minimum of three days actual field experience under the direct supervision of a trained, experienced supervisor.
(3) General site workers on site only occasionally for specific limited tasks, and supervisors not working in the two inner zones are required to have 24 hours of training. For example, certain Environmental Protection Agency, and department of ecology employees, labor and industries inspectors and other short-term monitoring and surveying personnel would be required to only have 24 hours of training if they are on-site only occasionally for a specific limited task and are unlikely to be exposed over permissible exposure levels and published exposure limits. A minimum of one day actual field experience under direct supervision is also required.
(4) Workers regularly on site who work in areas which have been monitored and fully characterized indicating that exposures are under permissible exposure limits and published exposure limits where respirators are not necessary, and the characterization indicates that there are no health hazards or the possibility of an emergency developing, must receive a minimum of 24 hours of instruction off the site and the minimum of one day actual field experience under the direct supervision of a trained, experienced supervisor.
(5) Workers with 24 hours of training who are covered by subsections (3) and (4) of this section, and who become general site workers or who are required to wear respirators, must have the additional 16 hours and two days of training necessary to total the training specified in subsection (2) of this section.
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NEW SECTION
WAC 296-62-30415 Management and supervisor training. On-site management and supervisors directly responsible for, or who supervise employees engaged in, hazardous waste operations must receive the same initial training as listed in WAC 296-62-30410, and three days of supervised field experience and at least eight additional hours of specialized training at the time of job assignment on such topics as, but not limited to, the employer's safety and health program and the associated employee training program, personal protective equipment program, spill containment program, and health hazard monitoring procedure and techniques.
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NEW SECTION
WAC 296-62-30420 Law enforcement at illicit drug labs. Exception: WISHA did not intend application of the 80 hour training requirement to law enforcement personnel required to enter illicit drug labs, secure the premise, and obtain necessary evidence for law enforcement purposes. Attendance at a specific 40 hours course, such as that presented by the criminal justice training commission, is acceptable.
Note: If cleanup activities are conducted by law enforcement personnel, then appropriate hazardous waste cleanup training would be required.
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NEW SECTION
WAC 296-62-30425 Training course content for 40 and 80 hour hazardous waste cleanup courses. As a minimum, the training course content for the 40 hour and 80 hour training program must include the following topics:
(1) Overview of the applicable sections of Part P of chapter 296-62 WAC and the elements of an employer's effective occupational safety and health program.
(2) Effect of chemical exposure to hazardous substances (i.e., toxicity, carcinogens, irritants, sensitizers, etc.).
(3) Effects of biological and radiological exposures.
(4) Fire and explosion hazards (i.e., flammable and combustible liquids, reactive materials).
(5) General safety hazards, including electrical hazards, powered equipment hazards, walking-working surface hazards and those hazards associated with hot and cold temperature extremes.
(6) Permit-required confined space, tank, and vault hazards and entry procedures.
(7) Names of personnel and alternates, where appropriate, responsible for site safety and health at the site.
(8) Specific safety, health, and other hazards that are to be addressed at a site and in the site safety and health plan.
(9) Use of personal protective equipment and the implementation of the personal protective equipment program.
(10) Work practices that will minimize employee risk from site hazards.
(11) Safe use of engineering controls and equipment and any new relevant technology or procedure.
(12) Content of the medical surveillance program and requirements, including the recognition of signs and symptoms of overexposure to hazardous substances.
(13) The contents of an effective site safety and health plan.
(14) Use of monitoring equipment with "hands-on" experience and the implementation of the employee and site monitoring program.
(15) Implementation and use of the information program.
(16) Drum and container handling procedures and the elements of a spill containment program.
(17) Selection and use of material handling equipment.
(18) Methods for assessment of risk and handling of radioactive wastes.
(19) Methods for handling shock-sensitive wastes.
(20) Laboratory waste pack handling procedures.
(21) Container sampling procedures and safeguards.
(22) Safe preparation procedures for shipping and transport of containers.
(23) Decontamination program and procedures.
(24) Emergency response plan and procedures including first aid.
(25) Safe site illumination levels.
(26) Site sanitation procedures and equipment for employee needs.
(27) Review of the applicable appendices to Part P of chapter 296-62 WAC.
(28) Overview and explanation of WISHA's hazard communication standard Part C of chapter 296-62 WAC.
(29) Sources of reference, additional information and efficient use of relevant manuals and hazard coding systems.
(30) Principles of toxicology and biological monitoring.
(31) Rights and responsibilities of employees and employers under WISHA and CERCLA.
(32) Hands-on field exercises and demonstrations.
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NEW SECTION
WAC 296-62-30430 Training content for 24-hour hazardous waste cleanup course. As a minimum, the 24-hour training course required in WAC 296-62-30410 (3) and (4) for employees engaged in occasional visits to uncontrolled hazardous waste sites must include the following topics where they are applicable to the job function to be performed:
(1) Overview of applicable sections of Part P of chapter 296-62 WAC and the elements of the employer's effective occupational safety and health program.
(2) Employee rights and responsibilities under WISHA and CERCLA.
(3) Overview of relevant chemical exposures to hazardous substances (i.e., toxics, carcinogens, irritants, sensitizers, etc.).
(4) Overview of the principles of toxicology and biological monitoring.
(5) Use of monitoring equipment with hands-on practice and an overview of a site monitoring program.
(6) Overview of site hazards including fire and explosion, confined spaces, oxygen deficiency, electrical hazards, powered equipment hazards, walking-working surface hazards.
(7) The contents of an effective site safety and health plan.
(8) Use of personal protective equipment and the implementation of the personal protective equipment program.
(9) Work practices that will minimize employee risk from site hazards.
(10) Site simulations with "hands-on" exercises and practice.
(11) Emergency response planning and response including first aid.
(12) Content of the medical surveillance program and requirements, including the recognition of signs and symptoms of overexposure to hazardous substances.
(13) Decontamination programs and procedures.
(14) Safe use of engineering controls and equipment.
(15) Sources of references and efficient use of relevant manuals and knowledge of hazard coding systems.
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NEW SECTION
WAC 296-62-30435 16-hour supplemental training for hazardous waste sites. As a minimum, employees who have received 24 hours of training for hazardous waste site operations must receive training in the following topics before they are allowed to work as general site workers or if they are required to wear respirators:
(1) Relevant chemical exposures to hazardous substances beyond that previously covered.
(2) Site hazards including fire and explosion, confined spaces, oxygen deficiency, electrical, powered equipment, and walking-working surfaces beyond that previously covered.
(3) Names of personnel and alternates responsible for site safety and health at the site, where appropriate.
(4) Use of monitoring equipment and the implementation of the employee and the site monitoring program beyond that previously covered.
(5) Implementation and use of the informational program.
(6) Drum and container handling procedures and the elements of a spill containment program.
(7) Selection and use of material handling equipment.
(8) Methods for assessment of risk and handling of radioactive wastes.
(9) Methods for handling shock-sensitive wastes.
(10) Laboratory waste pack handling procedures.
(11) Container sampling procedures and safeguards.
(12) Safe preparation procedures for shipping and transport of containers.
(13) Decontamination program and procedures.
(14) Safety site illumination levels.
(15) Site sanitation procedures and equipment.
(16) Review of the applicable appendices to Part P of chapter 296-62 WAC.
(17) Overview and explanation of WISHA's Hazard communication standard Part C of chapter 296-62 WAC.
(18) Sources of reference and additional information.
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NEW SECTION
WAC 296-62-30440 Additional 8 hours of training for supervisors and managers. Supervisors and managers must receive an additional eight hours of training in the following subjects:
(1) Management of hazardous wastes and their disposal.
(2) Federal, state, and local agencies to be contacted in the event of a release of hazardous substances.
(3) Management of emergency procedures in the event of a release of hazardous substances.
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NEW SECTION
WAC 296-62-30445 Qualifications for trainers. Trainers must be qualified to instruct employees about the subject matter that is being presented in training. Such trainers must have satisfactorily completed a training program for teaching the subjects they are expected to teach, or they must have the academic credentials and instructional experience necessary for teaching the subjects. Instructors must demonstrate competent instructional skills and knowledge of the applicable subject matter.
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NEW SECTION
WAC 296-62-30450 Training certification. Employees and supervisors that have received and successfully completed the training and field experience specified in WAC 296-62-3040 through 296-62-30415 must be certified by their instructor or the head instructor and trained supervisor as having successfully completed the necessary training. A written certificate must be given to each person certified. Any person who has not been certified or who does not meet the requirements of WAC 296-62-30465 must be prohibited from engaging in hazardous waste operations.
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NEW SECTION
WAC 296-62-30455 Training requirements for emergency response. Employees who are engaged in responding to hazardous emergency situations at hazardous waste clean-up sites that may expose them to hazardous substances must be trained in how to respond to expected emergencies.
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NEW SECTION
WAC 296-62-30460 Refresher training. Employees specified in WAC 296-62-3040 and managers specified in WAC 296-62-30415 must receive eight hours of refresher training annually on the items specified in WAC 296-62-30405 and/or 296-62-30415, any critique of incidents that have occurred in the past year that can serve as training examples of related work, and other relevant topics.
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NEW SECTION
WAC 296-62-30465 Equivalent training. Employers who can show by documentation or certification that an employee's work experience and/or training has resulted in training equivalent to that training required in WAC 296-62-3040 through 296-62-30410 must not be required to provide the initial training requirements of those sections to such employees and must provide a copy of the certification or documentation to the employee upon request. However, certified employees or employees with equivalent training new to a site must receive appropriate, site specific training before site entry and have appropriate supervised field experience at the new site. Equivalent training includes any academic training or the training that existing employees might have already received from actual hazardous waste site work experience. The 80 hours of instruction required can be fulfilled as follows:
(1) Instruction can include a combination of presently available 40 hour training sessions and other related classes or training including additional supervised on-the-job training as long as material covered includes elements required in the training section WAC 296-62-30405 of the regulations. A single 80 hour training session is also acceptable.
(2) Previously attended courses including eight-hour refresher courses apply toward the 80 hour requirement and need not be repeated.
(3) Documentation of previous experience and training by qualified trainers is required of employers and must be available to inspectors for review.
(4) When calculating hours of training, WISHA assumes a "normal" work day to be eight hours with sufficient time for lunch and other breaks.
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AMENDATORY SECTION (Amending Order 91-01, filed 5/20/91, effective 6/20/91)
WAC 296-62-3050 Medical surveillance. (((1) General.))
Employers engaged in operations specified in WAC 296-62-300
(1)(((a) through (d))) and not covered by WAC 296-62-300(2),
exceptions; ((and employers of employees specified in WAC 296-62-3112(9) shall)) must institute a medical surveillance program
((in accordance with this subsection)).
(((2) Employees covered. The medical surveillance program
shall be instituted by the employer for the following employees:
(a) All employees who are or may be exposed to hazardous
substances or health hazards at or above the permissible exposure
limits or, if there is no permissible exposure limit, above the
published exposure levels for these substances, without regard to
the use of respirators, for 30 days or more a year;
(b) All employees who wear a respirator for 30 days or more
a year or as required by WAC 296-62-071; and
(c) All employees who are injured, become ill or develop
signs or symptoms due to possible overexposure involving
hazardous substances or health hazards from an emergency response
or hazardous waste operation; and
(d) Members of HAZMAT teams.
(3) Frequency of medical examinations and consultations.
Medical examinations and consultations shall be made available by
the employer to each employee covered under subsection (1) of
this section on the following schedules:
(a) For employees covered under WAC 296-62-3050 (2)(a), (b),
and (d):
(i) Prior to assignment;
(ii) At least once every twelve months for each employee
covered unless the attending physician believes a longer interval
(not greater than biennially) is appropriate;
(iii) At termination of employment or reassignment to an
area where the employee would not be covered if the employee has
not had an examination within the last six months;
(iv) As soon as possible upon notification by an employee
that the employee has developed signs or symptoms indicating
possible overexposure to hazardous substances or health hazards,
or that the employee has been injured or exposed above the
permissible exposure limits, or published exposure levels in an
emergency situation;
(v) At more frequent times, if the examining physician
determines that an increased frequency of examination is
medically necessary.
(b) For employees covered under subsection (2)(c) of this
section and for all employees including those employees covered
by WAC 296-62-300 (1)(e) who may have been injured, received a
health impairment, developed signs or symptoms which may have
resulted from exposure to hazardous substances resulting from an
emergency incident, or exposed during an emergency incident to
hazardous substances at concentrations