WASHINGTON STATE REGISTER

WSR 99-10-072

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 4, 1999, 10:52 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-01-147 [an expedited adoption] on December 22, 1998.

Title of Rule: Accident prevention program, chapter 296-24 WAC, General safety and health standards.

Purpose: The purpose of this change is to create within WAC 296-24-040 a central reference listing of all chapters that specify the development of specific requirements within an accident prevention plan for various industries and operations. There are twenty-five WISHA chapters that require employers to develop specific processes, activities, or instructions within their accident prevention plans. We are proposing to add a reference list of the various chapters having specific accident prevention plan requirements to WAC 296-24-040. We anticipate this action will improve the employer’s ability to determine the specific standards that have accident prevention plan requirements applicable to their operation or industry. The proposed rule has also been rewritten using clear rule writing principles for clarification purposes. A proposal was previously filed as an "expedited" rule adoption, however, because of public comments we are now filing it using the normal process and will conduct a public hearing.

WAC 296-24-040 Accident prevention programs, state-initiated proposed amendments are made:

• To change the word "shall" to "must" for clarity.
• To delete the sentence "The department may be contacted for assistance in developing appropriate programs." The department will continue to provide assistance to employers as we do in relation to any standard. This statement in the rule gives the impression that the department provides something different and causes confusion to employers.
• To change the word "safety" to "formal accident prevention" for clarity.
• To change the phrase "in written format" to "in writing" for clarity.
• To add a "note" that lists twenty-five chapters that contain specific industry written accident prevention program requirements.

Statutory Authority for Adoption: RCW 49.17..010, [49.17].040, and [49.17].050.

Statute Being Implemented: Chapter 49.17 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

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: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendments to WAC 296-24-040 clarify the regulation and will have no economic impact on either large or small businesses within the state of Washington. No additional compliance requirements or costs for employers are anticipated from these amendments. Because costs to small businesses do not exceed the minor cost threshold specified in chapter 19.85 RCW, a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. This proposal does not meet the criteria of a significant legislative rule because it does not add any new requirements to the current rule nor does it create any additional impact on the employer or employees. The proposal simply makes wording changes to improve clarity and understanding and provides a reference listing of other WACs of written accident prevention program requirements that may apply and must be considered by employers.

Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on June 17, 1999, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Josh Swanson by June 11, 1999, at (360) 902-5484.

Submit Written Comments to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on June 28, 1999. In addition to written comments, the department will accept comments submitted to fax (360) 902-5529. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: August 17, 1999.

April 23, 1999

Gary Moore

Director

OTS-2626.5

AMENDATORY SECTION(Amending Order 94-07, filed 7/20/94, effective 9/20/94)

WAC 296-24-040
Accident prevention programs.

Each employer ((~~shall~~)) must develop a formal accident-prevention program, tailored to the needs of the particular plant or operation and to the type of hazards involved. ((~~The department may be contacted for assistance in developing appropriate programs.~~))

(1) The ((~~following are the~~)) minimal program elements for all employers are:

(a) A safety orientation program describing the employer's ((~~safety~~)) formal accident prevention program and including the following:

(i) How and when to report injuries, including instruction as to the location of first-aid facilities.

(ii) How to report unsafe conditions and practices.

(iii) The use and care of required personal protective equipment.

(iv) The proper actions to take in event of emergencies including the routes of exiting from areas during emergencies.

(v) Identification of the hazardous gases, chemicals or materials involved along with the instructions on the safe use and emergency action following accidental exposure.

(vi) A description of the employer's total safety program.

(vii) An on-the-job review of the practices necessary to perform the initial job assignments in a safe manner.

(b) A designated safety and health committee consisting of management and employee representatives with the employee representatives being elected or appointed by fellow employees.

(2) Each accident-prevention program ((~~shall~~)) must be outlined in ((~~written format~~)) writing.

Note: What other written accident prevention program requirements may apply? The accident prevention plan information and/or documentation required by the following chapters can be part of the accident prevention program itself, or they can be covered in supplemental documents.
First-aid requirements WAC 296-24-061 If an employer chooses Option 1 for first-aid response, the requirements must be in writing in accordance with the standard.
Personal protective equipment Chapter 296-24 WAC, Part A-2 The employer must provide a written certification that a workplace hazard assessment has been performed.
Safety procedure-control of hazardous energy (lockout/tagout) Chapter 296-24 WAC, Part A-4 The employer shall establish a written program consisting of an energy control procedure in accordance with the standard.
Hazard communication Chapter 296-62 WAC, Part C If workers use or are exposed to chemicals, employers are required to have a written program.
Respiratory protection Chapter 296-62 WAC, Part E If the use of a respirator is needed because a hazard exits, a written program is required.
Hearing conservation Chapter 296-62 WAC, Part K If employees work in a high noise environment as defined by the standard, the employer must establish a hearing conservation program. Each employer shall maintain a written description of the training program instituted.
Confined space Chapter 296-62 WAC, Part M If the employer decides that its employees will enter permit spaces, the employer is required to develop and implement a written permit confined space program.
Biological agents Chapter 296-62 WAC, Part J Each employer having employees with occupational exposures as defined by the standard is required to establish a written exposure control plan.
Late night retail Chapter 296-24 WAC, Part A-3 If a retail employer has employees working between 11:00 p.m. and 6:00 a.m., crime prevention training shall be a part of the accident prevention program.
Means of egress Chapter 296-24 WAC, Part G-1 If an employer must have an emergency action plan as a requirement of another standard (i.e., process safety management, grain handling, air contaminates) it must be developed and in writing in accordance with the standard.
Welding, cutting and brazing Chapter 296-24 WAC, Part I Rules and instructions for the operation and maintenance of oxygen or fuel-gas supply equipment must be readily available in accordance with the standard.
Powered platforms, etc. Chapter 296-24 WAC, Part J-2 If employees use working platforms, written work procedures for the operation, safe use, and inspection must be provided for training in accordance with the standard.
Carcinogens (cancer causing) Chapter 296-62 WAC, Part G If employees are exposed to carcinogens, employers are required to implement a written program to reduce exposure to or below permissible limits.
Air contaminants (specific) Chapter 296-62 WAC, Part I If employees are exposed to air contaminants listed in this chapter, employers must establish and implement a written compliance program in accordance with the standard.
Asbestos, tremolite, anthopyllite and actinolite Chapter 296-62 WAC, Part I-1 If employees are exposed to asbestos, tremolite, anthopyllite and actinolite, employers must establish and implement a written program to reduce employee exposure to or below the permissible limit.
Coke ovens Chapter 296-62 WAC, Part O If an employer operates coke ovens, they must implement a written program to reduce employee exposure in accordance with the standard.
Hazardous waste operations Chapter 296-62 WAC, Part P If employees are involved in hazardous waste operations, employers must develop and implement a written safety and health program in accordance with the standard.
Hazardous chemicals in laboratories Chapter 296-62 WAC, Part Q If employees are exposed to hazardous chemicals in laboratories, employers must develop and carry out the provisions of a written chemical hygiene plan in accordance with this standard.
Safety standards for process safety management of highly hazardous chemicals Chapter 296-67 WAC If employees work with toxic, reactive, flammable, or explosive chemicals, employers must develop a written plan as required by the standard.
Telecommunications Chapter 296-32 WAC There are additional accident prevention program requirements.
Diving operations Chapter 296-37 WAC The employer shall develop and maintain a safe practice manual.
Electrical workers Chapter 296-45 WAC There are additional accident prevention program requirements for employees working on or around high voltage.
Ski area facilities and operations Chapter 296-59 WAC The employer shall develop a written safety program.
Grain handling facilities Chapter 296-99 WAC The employer shall develop and implement a written housekeeping program.
Fire fighters Chapter 296-305 WAC The fire department shall develop a risk management policy that can be implemented into the function of incident command and the development on incident strategies.
Agriculture Chapter 296-307 WAC Agricultural employees are not covered by chapter 296-24 WAC, but agricultural employers must follow the accident prevention program requirements in WAC 296-307-030, as well as any other applicable standards referenced in this note.
Note:
• The accident prevention program must be tailored to the needs of the particular plant or operation and to the type of hazards involved. This means that recognized hazards, such as vehicle use, workplace violence, emergency washing facilities, and musculoskeletal disorders, etc., differ from workplace to workplace depending on the activities or operations involved. In each workplace, those hazards that may exist would need to be addressed as part of the accident prevention program.
• In chapter 296-27 WAC and elsewhere, there are recordkeeping requirements of which employers need to be aware.
Certain job specific activities need written, site or activity specific work plans (for example, the fall protection work plan and lead exposure in construction work).

[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-24-040, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240 and chapters 42.30 and 43.22 RCW. 78-12-017 (Order 78-22), § 296-24-040, filed 11/13/78; Order 74-27, § 296-24-040, filed 5/7/74; Order 73-5, § 296-24-040, filed 5/9/73 and Order 73-4, § 296-24-040, filed 5/7/73.]

•	To change the word "shall" to "must" for clarity.
•	To delete the sentence "The department may be contacted for assistance in developing appropriate programs." The department will continue to provide assistance to employers as we do in relation to any standard. This statement in the rule gives the impression that the department provides something different and causes confusion to employers.
•	To change the word "safety" to "formal accident prevention" for clarity.
•	To change the phrase "in written format" to "in writing" for clarity.
•	To add a "note" that lists twenty-five chapters that contain specific industry written accident prevention program requirements.

Note: What other written accident prevention program requirements may apply? The accident prevention plan information and/or documentation required by the following chapters can be part of the accident prevention program itself, or they can be covered in supplemental documents.
First-aid requirements	WAC 296-24-061	If an employer chooses Option 1 for first-aid response, the requirements must be in writing in accordance with the standard.
Personal protective equipment	Chapter 296-24 WAC, Part A-2	The employer must provide a written certification that a workplace hazard assessment has been performed.
Safety procedure-control of hazardous energy (lockout/tagout)	Chapter 296-24 WAC, Part A-4	The employer shall establish a written program consisting of an energy control procedure in accordance with the standard.
Hazard communication	Chapter 296-62 WAC, Part C	If workers use or are exposed to chemicals, employers are required to have a written program.
Respiratory protection	Chapter 296-62 WAC, Part E	If the use of a respirator is needed because a hazard exits, a written program is required.
Hearing conservation	Chapter 296-62 WAC, Part K	If employees work in a high noise environment as defined by the standard, the employer must establish a hearing conservation program. Each employer shall maintain a written description of the training program instituted.
Confined space	Chapter 296-62 WAC, Part M	If the employer decides that its employees will enter permit spaces, the employer is required to develop and implement a written permit confined space program.
Biological agents	Chapter 296-62 WAC, Part J	Each employer having employees with occupational exposures as defined by the standard is required to establish a written exposure control plan.
Late night retail	Chapter 296-24 WAC, Part A-3	If a retail employer has employees working between 11:00 p.m. and 6:00 a.m., crime prevention training shall be a part of the accident prevention program.
Means of egress	Chapter 296-24 WAC, Part G-1	If an employer must have an emergency action plan as a requirement of another standard (i.e., process safety management, grain handling, air contaminates) it must be developed and in writing in accordance with the standard.
Welding, cutting and brazing	Chapter 296-24 WAC, Part I	Rules and instructions for the operation and maintenance of oxygen or fuel-gas supply equipment must be readily available in accordance with the standard.
Powered platforms, etc.	Chapter 296-24 WAC, Part J-2	If employees use working platforms, written work procedures for the operation, safe use, and inspection must be provided for training in accordance with the standard.
Carcinogens (cancer causing)	Chapter 296-62 WAC, Part G	If employees are exposed to carcinogens, employers are required to implement a written program to reduce exposure to or below permissible limits.
Air contaminants (specific)	Chapter 296-62 WAC, Part I	If employees are exposed to air contaminants listed in this chapter, employers must establish and implement a written compliance program in accordance with the standard.
Asbestos, tremolite, anthopyllite and actinolite	Chapter 296-62 WAC, Part I-1	If employees are exposed to asbestos, tremolite, anthopyllite and actinolite, employers must establish and implement a written program to reduce employee exposure to or below the permissible limit.
Coke ovens	Chapter 296-62 WAC, Part O	If an employer operates coke ovens, they must implement a written program to reduce employee exposure in accordance with the standard.
Hazardous waste operations	Chapter 296-62 WAC, Part P	If employees are involved in hazardous waste operations, employers must develop and implement a written safety and health program in accordance with the standard.
Hazardous chemicals in laboratories	Chapter 296-62 WAC, Part Q	If employees are exposed to hazardous chemicals in laboratories, employers must develop and carry out the provisions of a written chemical hygiene plan in accordance with this standard.
Safety standards for process safety management of highly hazardous chemicals	Chapter 296-67 WAC	If employees work with toxic, reactive, flammable, or explosive chemicals, employers must develop a written plan as required by the standard.
Telecommunications	Chapter 296-32 WAC	There are additional accident prevention program requirements.
Diving operations	Chapter 296-37 WAC	The employer shall develop and maintain a safe practice manual.
Electrical workers	Chapter 296-45 WAC	There are additional accident prevention program requirements for employees working on or around high voltage.
Ski area facilities and operations	Chapter 296-59 WAC	The employer shall develop a written safety program.
Grain handling facilities	Chapter 296-99 WAC	The employer shall develop and implement a written housekeeping program.
Fire fighters	Chapter 296-305 WAC	The fire department shall develop a risk management policy that can be implemented into the function of incident command and the development on incident strategies.
Agriculture	Chapter 296-307 WAC	Agricultural employees are not covered by chapter 296-24 WAC, but agricultural employers must follow the accident prevention program requirements in WAC 296-307-030, as well as any other applicable standards referenced in this note.

Note:
•	The accident prevention program must be tailored to the needs of the particular plant or operation and to the type of hazards involved. This means that recognized hazards, such as vehicle use, workplace violence, emergency washing facilities, and musculoskeletal disorders, etc., differ from workplace to workplace depending on the activities or operations involved. In each workplace, those hazards that may exist would need to be addressed as part of the accident prevention program.
•	In chapter 296-27 WAC and elsewhere, there are recordkeeping requirements of which employers need to be aware.
	Certain job specific activities need written, site or activity specific work plans (for example, the fall protection work plan and lead exposure in construction work).

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