Title of Rule: Miscellaneous changes to chapters 296-24, 296-32, 296-52, 296-62, 296-155, and 296-301 WAC.

Purpose: On June 18, 1998, OSHA adopted miscellaneous changes to a number of federal rules within 29 C.F.R. 1910 and 1926 (General Industry and Construction Standards). WISHA is proposing amendments to standards related to these chapters to be at least as effective as OSHA, assure appropriate worker protection throughout the state, and improve the clarity of these rules. Washington Administrative Codes that are affected include: Chapter 296-24 WAC, General safety and health standards; chapter 296-32 WAC, Safety standards for telecommunications; chapter 296-62 WAC, General occupational health standards; chapter 296-52 WAC, Safety standards for possession and handling of explosives; chapter 296-155 WAC, Safety standards for construction work; and chapter 296-301 WAC, Safety standards for the textile industry.

Amendments proposed incorporate those changes from the Federal Register Notice, Volume 63, Number 117, published on June 18, 1998 (Standards Improvement (Miscellaneous Changes) for General Industry and Construction Standards; Paperwork Collection for Coke Oven Emissions and Inorganic Arsenic, Final Rule). These proposed amendments clarify rules, eliminate duplications, and delete current WISHA requirements under the jurisdiction of the federal Department of Transportation.

In addition, WISHA proposes changes to chapter 296-52 WAC, which will reduce fees to 1995 levels due to requirements of chapter 43.135 RCW and includes the requirement of a Social Security number from RCW 26.23.150 when requesting licenses. Proposed WISHA changes to chapter 296-62 WAC, Parts G and I remove references to Appendices, which were repealed in the respiratory protection project, also within Part R, a reference was corrected. Also being proposed are clarifications to requirements for crane operators in chapter 296-24 WAC, Part D, and illustrations in chapter 296-155 WAC, Part N due to stakeholder request.

Changes to chapter 296-24 WAC, General safety and health standards:

Amended section WAC 296-24-47505 Basic rules. Proposal eliminates the requirements in subsection (15)(f), (g), and (h), this subsection relates to tank car or transport truck loading or unloading points. These changes are proposed to be like federal rule 29 C.F.R. 1910.110 (b)(15). The requirements pertain to the design of transportation vehicles and the safe location of such vehicles during loading and unloading operations, which fall under the jurisdiction of the Department of Transportation.

Amended section WAC 296-24-47507 (2)(b), (c) and (d) cylinder systems. Proposal eliminates specifications for marking LPG cylinders, to be like federal rule 29 C.F.R. 1910.110 (c)(2), which were a duplication of the Department of Transportation requirements.

Amended section WAC 296-24-47511(10) Liquefied petroleum gas as a motor fuel. Proposal eliminates requirements in WAC 296-24-47511(10), pertaining to passenger carrying vehicles, to be like federal rule 29 C.F.R. 1910.110(e), which fall under the jurisdiction of the Department of Transportation.

Amended section WAC 296-24-47515 LP gas system installations on commercial vehicles. Proposal eliminates requirements pertaining to installing LP–gas systems on commercial vehicles, to be like federal rule 29 C.F.R. 1910.110(g), which fall under the jurisdiction of the Department of Transportation.

Amended section WAC 296-24-51017 Storage and handling of anhydrous ammonia, systems mounted on trucks, semi-trailers, and trailers for transportation of ammonia. Proposal eliminates requirements in subsections (8) and (10) regarding safety requirements to protect full trailers and semi-trailers that transport ammonia, from collision, to be like federal rule 29 C.F.R. 1910.111(f), which fall under the jurisdiction of the Department of Transportation.

Changes to chapter 296-32 WAC, Safety standards for telecommunications:

Changes to chapter 296-52 WAC, Safety standards for possession and handling of explosives:

Amended section WAC 296-52-489 Transportation. Proposal changes subsection (7)(a), to be like federal rule 29 C.F.R. 1910.109 (d)(1)(iv). This will allow for transportation of blasting caps on a vehicle that is carrying other explosives when doing so in accordance with methods specified in the Department of Transportation regulations of 49 C.F.R. 177.835 (g)(3)(I).

Amended section WAC 296-52-493 Use of explosives and blasting agents. Proposal changes subsection (2)(a), to be like federal rule 29 C.F.R. 1910.109 (e)(2)(i), which allows for the reuse of uncontaminated containers and packaging materials if such reuse is accomplished in accordance with the Department of Transportation criteria contained in 49 C.F.R. 173.28.

Proposal makes a WISHA change to the following WACs, which will decrease license fees to 1995 levels, to comply with chapter 43.135 RCW, requirements. Amended section WAC 296-52-425 Dealer’s license, subsection (2), 296-52-429 License for manufacturing, subsection (2), 296-52-433 Purchaser’s license, subsection (3), 296-52-437 User’s (blaster’s) license, subsection (2)(h), and 296-52-449 Storage magazine license fees, changes to fee schedule for operating each magazine.

Changes to chapter 296-62 WAC, General occupational health standards:

Amended section WAC 296-62-07354 Appendices--Inorganic arsenic. Proposal decreases the requirements in Appendix C--Medical surveillance guidelines (3)(a)(iii) to update medical history and make sputum cytology testing optional. In subsection (3)(a)(iv) requirements have been minimized to tests required in the initial exam, and updated medical history, to be like federal rule 29 C.F.R. 1910.1018, Appendix A and C.

Amended section WAC 296-62-20017 Medical surveillance. Proposal decreases the requirements for x-rays from semi-annually to annually in subsection (3), Periodic examinations to be like federal rule 29 C.F.R. 1910.1029 (j)(3).

Amended section WAC 296-62-20027 Appendix A--Coke oven emissions substance information sheet. Proposal decreases requirements for x-rays from semi-annually to annually in subsection VI, Medical examinations and clarifies the need for the examination to be like federal rule 29 C.F.R. 1910.1029, Appendix A.

Amended section WAC 296-62-20029 Appendix B--Industrial hygiene and medical surveillance guidelines. Proposal decreases the minimum requirements in subsection II, Medical surveillance guidelines by requiring the examinations only for workers who work at least thirty days in the regulated area, deleting the requirement for sputum cytology exams and changing x-ray requirements from semi-annual to annual. These changes are being proposed to be like federal rule 29 C.F.R. 1910.1029, Appendix B.

Amended section WAC 296-62-07542 Appendix A--Substances technical guideline for formalin. Proposal makes a WISHA change to subsection (l)(i) by deleting (B), the fit testing requirements, contained in Appendix E of WAC 296-62-07550, which was repealed as part of the respiratory protection project.

Amended section WAC 296-62-41025 Refresher training. Proposal makes a WISHA change to subsection (1) to include a corrected reference.

Changes to chapter 296-155 WAC, Safety standards for construction work:

Changes to chapter 296-301 WAC, Safety standards for the textile industry:

Amended section WAC 296-301-170 Clothing folding machine. Proposal makes a change by referencing requirements found in WAC 296-24-195 through 296-24-19513 to eliminate duplication.

Amended section WAC 296-301-195 Open tanks and vats for mixing and storage of hot or corrosive liquids. Proposal eliminates duplication of requirements to WAC 296-24-750 through 296-24-75011 in subsection (1).

Amended section WAC 296-301-220 Personal protective equipment. Within subsection (1), proposal removes outdated references to WAC 296-24-081 through 296-24-08113, and eliminates duplication of requirements found in WAC 296-24-07501 and 296-24-07801. Also, within subsection (2), referenced requirements to WAC 296-24-081 through 296-24-08113 are corrected to identify appropriate references to chapter 296-62 WAC, Part E, Respiratory protection.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, [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 necessary because of federal law, Federal Register notice, Volume 63, Number 117, published on June 18, 1998.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

June 1, 1999

Gary Moore

Director

OTS-2979.1

AMENDATORY SECTION(Amending WSR 98-10-073 and 98-24-120, filed 5/4/98 and 12/2/98, effective 10/1/99)

WAC 296-301-020
General safety requirements.

(1) Means of stopping machines.  Every textile machine shall be provided with individual mechanical or electrical means for stopping such machines.  On machines driven by belts and shafting a locking-type shifter or an equivalent positive device shall be used.  On operations where injury to the operator might result if motors were to restart after power failures, provision shall be made to prevent machines from automatically restarting upon restoration of power.

(2) Handles.  Stopping and starting handles shall be designed to the proper length to prevent the worker's hand or fingers from striking against any revolving part, gear guard, or any other part of the machine.

(3) Machine guarding.  An employer must ensure that power transmission parts are guarded according to the requirements of WAC 296-24-205 through 296-24-20527 ((of the general safety and health standards)).

((Exception:	Only the side and face sections of a nip-point belt and pulley guard are required so that the guard extends at least:
	(a) Six inches beyond the rim of the pulley on the in-running and off-running sides of the belt; and
	(b) Two inches away from the rim and face of the pulley in all other directions.))

(4) Housekeeping.  Aisles and working spaces shall be kept in good order((, clean and free of obstructions)) in accordance with requirements of WAC ((296-24-120 through 296-24-12015, of the general safety and health standards)) 296-24-735 through 296-24-73505.

(5) Inspection and maintenance.  All guards and other safety devices, including starting and stopping devices, shall be properly maintained.

(6) Lighting and illumination.  Lighting and illumination shall conform to the general occupational health standards, chapter 296-62 WAC.

(7) Identification of piping systems.  Identification of piping systems shall conform to American National Standard A13.1-1956.

(8) Identification of physical hazards.  Identification of physical hazards shall be in accordance with the requirements of WAC 296-24-135 through 296-24-13503, of the general safety and health standards.

(9) Steam pipes.  All pipes carrying steam or hot water for process or servicing machinery, when exposed to contact and located within seven feet of the floor or working platform shall be covered with a heat-insulating material, or guarded with equivalent protection.

[Statutory Authority: RCW 49.17.010, [49.17.]040 and [49.17.]050.  98-10-073 and 98-24-120, § 296-301-020, filed 5/4/98 and 12/2/98, effective 10/1/99; Order 74-19, § 296-301-020, filed 5/6/74.]

((The crank arm and blade guide rods on both sides of the cloth-folding machines shall be protected from contact by barrier guards constructed to conform to the requirements of WAC 296-24-195 through 296-24-19513, of the general safety and health standards.)) Cloth-folding machines shall meet the requirements of WAC 296-24-195 through 296-24-19513.

[Order 74-19, § 296-301-170, filed 5/6/74.]

(1) ((Protection against falls.  Open tanks and vats containing hot or corrosive liquids shall be provided with guardrails to)) Guardrails shall be provided for open tanks and vats which conform to the requirements of WAC 296-24-750 through 296-24-75011((, of the general safety and health standards)).

(2) Shutoff valves.  Boiling tanks, caustic tanks, and hot liquid containers, so located that the operator cannot see the contents from the floor or working area, shall have emergency shutoff valves controlled from a point not subject to danger of splash.  Valves shall conform to the ASME Pressure Vessel Code, section VIII, Unfired Pressure Vessels, 1968.

[Order 74-19, § 296-301-195, filed 5/6/74.]

(1) Personal protective equipment.  Workers engaged in handling acids or caustics in bulk, repairing pipe lines containing acids or caustics, etc., shall be provided with personal protective ((occupational (safety))) equipment to conform to the requirements of WAC 296-24-07501((,)) and 296-24-07801((, and 296-24-081 through 296-24-08113, of the general safety and health standards)).

(2) ((Respirators, gas masks, and such appliances, for emergency use only, shall be of a type required by WAC 296-24-081 through 296-24-08113, of the general safety and health standards.)) Respiratory protection. Employers must provide respiratory protection as required in chapter 296-62 WAC, Part E.

[Order 74-19, § 296-301-220, filed 5/6/74.]

OTS-2977.1

AMENDATORY SECTION(Amending Order 92-06, filed 10/30/92, effective 12/8/92)

WAC 296-155-66403
Appendix B--Sloping and benching.

(1) Scope and application.  This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins.  The requirements of this appendix apply when the design of sloping and benching protective systems is to be performed in accordance with the requirements set forth in WAC 296-155-657 (2)(b).

(2) Definitions.

(a) Actual slope.  The slope to which an excavation face is excavated.

(b) Distress.  Soil that is in a condition where a cave-in is imminent or is likely to occur.  Distress is evidenced by such phenomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spalling of material from the face of an excavation; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an excavation and trickling or rolling down into the excavation.

(c) Maximum allowable slope.  The steepest incline of an excavation face that is acceptable for the most favorable site conditions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V).

(3) Requirements.

(a) Soil classification.  Soil and rock deposits shall be classified in accordance with appendix A of this Part.

(b) Maximum allowable slope.  The maximum allowable slope for a soil or rock deposit shall be determined from Table N-1 of this appendix.

(c) Actual slope.

(i) The actual slope shall not be steeper than the maximum allowable slope.

(ii) The actual slope shall be less steep than the maximum allowable slope, when there are signs of distress.  If that situation occurs, the slope shall be cut back to an actual slope which is at least 1/2 horizontal to one vertical (1/2H:1V) less steep than the maximum allowable slope.

(iii) When surcharge loads from stored material or equipment, operating equipment, or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved.  Surcharge loads from adjacent structures shall be evaluated in accordance with WAC 296-155-655(9).

(d) Configurations.  Configurations of sloping and benching systems shall be in accordance with Figures N-1 through N-18.

SOIL OR ROCK TYPE	MAXIMUM ALLOWABLE SLOPES (H1V) (1) FOR EXCAVATION LESS THAN 20 FEET DEEP (2)
STABLE ROCK TYPE A TYPE B TYPE C	VERTICAL (90°) 3/4 : 1 (53°) 1 : 1 (45°) 1 1/2 : 1 (34°)

Notes:

(1)	Numbers shown in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off.

(2)	Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer.

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[Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060.  92-22-067 (Order 92-06), § 296-155-66403, filed 10/30/92, effective 12/8/92.]

OTS-2978.1

AMENDATORY SECTION(Amending Order 88-25, filed 11/14/88)

WAC 296-155-270
Flammable and combustible liquids.

(1) General requirements.

(a) Only approved containers and portable tanks shall be used for storage and handling of flammable and combustible liquids.  Approved metal safety cans, or department of transportation approved containers shall be used for the handling and use of flammable liquids in quantities ((greater than one gallon)) five gallons or less, except that this shall not apply to those flammable liquid materials which are highly viscid ((highly)) (extremely hard to pour), which may be used and handled in original shipping containers.  For quantities of one gallon or less, only the original container ((or approved metal safety cans shall)) may be used for storage, use, and handling of flammable liquids.

(b) Flammable or combustible liquids shall not be stored in areas used for exits, stairways, or normally used for the safe passage of people.

(c) Flammable and combustible liquid containers shall be legibly marked to indicate their contents.  Each storage container for flammable or combustible liquids, with a capacity of 50 gallons or more, shall have the contents of the container identified by a sign of clearly visible contrasting colors with letters at least 3 inches high, painted on the container at the discharge valve and at the fill point.

(d) Gasoline shall not be used as a solvent or a cleaning agent.

(2) Indoor storage of flammable and combustible liquids.

(a) No more than 25 gallons of flammable or combustible liquids shall be stored in a room outside of an approved storage cabinet.  For storage of liquid petroleum gas, see WAC 296-155-275.

(b) Quantities of flammable and combustible liquid in excess of 25 gallons shall be stored in an acceptable or approved cabinet meeting the following requirements:

(i) Acceptable wooden storage cabinets shall be constructed in the following manner, or equivalent: The bottom, sides, and top shall be constructed of an exterior grade of plywood at least 1 inch in thickness, which shall not break down or delaminate under standard fire test conditions.  All joints shall be rabbeted and shall be fastened in two directions with flathead wood screws, when more than one door is used, there shall be a rabbeted overlap of not less than 1 inch.  Steel hinges shall be mounted in such a manner as to not lose their holding capacity due to loosening or burning out of the screws when subjected to fire.  Such cabinets shall be painted inside and out with fire retardant paint.

(ii) Approved metal storage cabinets will be acceptable.

(iii) Cabinets shall be labeled in conspicuous lettering, "Flammable--Keep fire away."

(c) Not more than 60 gallons of flammable or 120 gallons of combustible liquids shall be stored in any one storage cabinet.  Not more than three such cabinets may be located in a single storage area.  Quantities in excess of this shall be stored in an inside storage room.

(d)(i) Inside storage room shall be constructed to meet the required fire-resistive rating for their use.  Such construction shall comply with the test specifications set forth in Standard Methods of Fire Test of Building Construction and Material, NFPA 251-1972.

(ii) Where an automatic extinguishing system is provided, the system shall be designed and installed in an approved manner.  Openings to other rooms or buildings shall be provided with noncombustible liquid-tight raised sills or ramps at least 4 inches in height, or the floor in the storage area shall be at least 4 inches below the surrounding floor.  Openings shall be provided with approved self-closing fire doors.  The room shall be liquid-tight where the walls join the floor.  A permissible alternate to the sill or ramp is an open-grated trench, inside of the room, which drains to a safe location.  Where other portions of the building or other buildings are exposed, windows shall be protected as set forth in the Standard for Fire Doors and Windows, NFPA No. 80-1983, for Class E or F openings.  Wood of at least 1-inch nominal thickness may be used for shelving, racks, dunnage, scuffboards, floor overlay and similar installations.

(iii) Materials which will react with water and create a fire hazard shall not be stored in the same room with flammable or combustible liquids.

(iv) Storage in inside storage rooms shall comply with Table D-2 following:

TABLE D-2

Fire protection provided		Fire resistance		Maximum size	Total allowable quantities gals./sq. ft./floor area
	Yes		2 hrs.	500 sq. ft.	10
	No		2 hrs.	500 sq. ft.	4
	Yes		1 hr.	150 sq. ft.	5
	No		1 hr.	150 sq. ft.	2

Note:

Fire protection system shall be sprinkler, water spray, carbon dioxide or other system approved by a nationally recognized testing laboratory for this purpose.

(v) Electrical wiring and equipment located in inside storage rooms shall be approved for Class 1, Division 1, hazardous locations.  For definition of Class 1, Division 1, hazardous locations, see WAC 296-155-456.

(vi) Every inside storage room shall be provided with either a gravity or a mechanical exhausting system.  Such system shall commence not more than 12 inches above the floor and be designed to provide for a complete change of air within the room at least 6 times per hour.  If a mechanical exhausting system is used, it shall be controlled by a switch located outside of the door.  The ventilating equipment and any lighting fixtures shall be operated by the same switch.  An electric pilot light shall be installed adjacent to the switch if flammable liquids are dispensed within the room.  Where gravity ventilation is provided, the fresh air intake, as well as the exhausting outlet from the room, shall be on the exterior of the building in which the room is located.

(vii) In every inside storage room there shall be maintained one clear aisle at least 3 feet wide.  Containers over 30 gallons capacity shall not be stacked one upon the other.

(viii) Flammable and combustible liquids in excess of that permitted in inside storage rooms shall be stored outside of buildings in accordance with subsection (3) of this section.

(3) Storage outside buildings.

(a) Storage of containers (not more than 60 gallons each) shall not exceed 1,100 gallons in any one pile or area.  Piles or groups of containers shall be separated by a 5-foot clearance.  Piles or groups of containers shall not be nearer than 20 feet to a building.

(b) Within 200 feet of each pile of containers, there shall be a 12-foot-wide access way to permit approach of fire control apparatus.

(c) The storage area shall be graded in a manner to divert possible spills away from buildings or other exposures, or shall be surrounded by a curb or earth dike at least 12 inches high.  When curbs or dikes are used, provisions shall be made for draining off accumulations of ground or rain water, or spills of flammable or combustible liquids.  Drains shall terminate at a safe location and shall be accessible to operation under fire conditions.

(d) Outdoor portable tank storage.

(i) Portable tanks shall not be nearer than 20 feet from any building.  Two or more portable tanks, grouped together, having a combined capacity in excess of 2,200 gallons, shall be separated by a 5-foot-clear area.  Individual portable tanks exceeding 1,100 gallons shall be separated by a 5-foot-clear area.

(ii) Within 200 feet of each portable tank, there shall be a 12-foot-wide access way to permit approach of fire control apparatus.

(e) Storage areas shall be kept free of weeds, debris, and other combustible material not necessary to the storage.

(f) Portable tanks, not exceeding 660 gallons, shall be provided with emergency venting and other devices, as required by chapters III and IV of NFPA 30-1972, The Flammable and Combustible Liquids Code.

(g) Portable tanks, in excess of 660 gallons, shall have emergency venting and other devices, as required by chapters II and III of the Flammable and Combustible Liquids Code, NFPA 30-1972.

(4) Fire control for flammable or combustible liquid storage.

(a) At least one portable fire extinguisher, having a rating of not less than 20-B units, shall be located outside of, but not more than 10 feet from, the door opening into any room used for storage of more than 60 gallons of flammable or combustible liquids.

(b) At least one portable fire extinguisher having a rating of not less than 20-B units shall be located not less than 25 feet, nor more than 75 feet, from any flammable liquid storage area located outside.

(c) When sprinklers are provided, they shall be installed in accordance with the Standard for the Installation of Sprinkler Systems, NFPA 13-1972.

(d) At least one portable fire extinguisher having a rating of not less than 20-B:C units shall be provided on all tank trucks or other vehicles used for transporting and/or dispensing flammable or combustible liquids.

(5) Dispensing liquids.

(a) Areas in which flammable or combustible liquids are transferred at the same time, in quantities greater than 5 gallons from one tank or container to another tank or container, shall be separated from other operations by 25-feet distance or by construction having a fire-resistance of at least 1 hour.  Drainage or other means shall be provided to control spills.  Adequate natural or mechanical ventilation shall be provided to maintain the concentration of flammable vapor at or below 10 percent of the lower flammable limit.

(b) Transfer flammable liquids from one container to another shall be done only when containers are electrically interconnected (bonded).

(c) Flammable or combustible liquids shall be drawn from or transferred into vessels, containers, or tanks within a building or outside only through a closed piping system, from safety cans, by means of a device drawing through the top, or from a container, or portable tanks, by gravity or pump, through an approved self-closing valve.  Transferring by means of air pressure on the container or portable tank is prohibited.

(d) The dispensing units shall be protected against collision damage.

(e) Dispensing devices and nozzles for flammable liquids shall be of an approved type, as required by WAC 296-24-33015.

(6) Handling liquids at point of final use.

(a) Flammable liquids shall be kept in closed containers when not actually in use.

(b) Leakage or spillage of flammable or combustible liquids shall be disposed of promptly and safely.

(c) Flammable liquids shall be used only where there are no open flames or other sources of ignition within 50 feet of the operation, unless conditions warrant greater clearance.

(7) Service and refueling areas.

(a) Flammable or combustible liquids shall be stored in approved closed containers, in tanks located underground, or in aboveground portable tanks.

(b) The tank trucks shall comply with the requirements covered in the Standard for Tank Vehicles for Flammable and Combustible Liquids, NFPA No. 385-1977.

(c) The dispensing hose shall be an approved type.

(d) The dispensing nozzle shall be an approved automatic-closing type.

(e) Underground tanks shall not be abandoned.

(f) Clearly identified and easily accessible switch(es) shall be provided at a location remote from dispensing devices to shut off the power to all dispensing devices in the event of an emergency.

(g)(i) Heating equipment of an approved type may be installed in the lubrication or service area where there is no dispensing or transferring of flammable liquids, provided the bottom of the heating unit is at least 18 inches above the floor and is protected from physical damage.

(ii) Heating equipment installed in lubrication or service areas, where flammable liquids are dispensed, shall be of an approved type for garages, and shall be installed at least 8 feet above the floor.

(h) There shall be no smoking or open flames in the areas used for fueling, servicing fuel systems for internal combustion engines, receiving or dispensing of flammable or combustible liquids.

(i) Conspicuous and legible signs prohibiting smoking shall be posted.

(j) The motor of any equipment being fueled shall be shut off during the fueling operation.

(k) Each service or fueling area shall be provided with at least one fire extinguisher having a rating of not less than 20BC located so that an extinguisher will be within 75 feet of each pump, dispenser, underground fill pipe opening, and lubrication or service area.

[Statutory Authority: Chapter 49.17 RCW.  88-23-054 (Order 88-25), § 296-155-270, filed 11/14/88.  Statutory Authority: RCW 49.17.040 and 49.17.050.  86-03-074 (Order 86-14), § 296-155-270, filed 1/21/86; Order 74-26, § 296-155-270, filed 5/7/74, effective 6/6/74.]

(1) Surface encumbrances.  All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees.

(2) Underground installations.

(a) The location of utility installations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, shall be located prior to opening an excavation.

(b) Utility companies or owners shall be contacted within established or customary local response times, advised of the proposed work, and asked to locate the underground utility installation prior to the start of actual excavation.

(c) When excavation operations approach the location of underground installations, the exact location of the installations shall be determined by safe and acceptable means.

(d) While the excavation is open, underground installations shall be protected, supported, or removed as necessary to safeguard employees.

(3) Access and egress.

(a) Structural ramps.

(i) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person.  Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be constructed in accordance with the design.

(ii) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent displacement.

(iii) Structural members used for ramps and runways shall be of uniform thickness.

(iv) Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping.

(v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping.

(b) Means of egress from trench excavations.  A stairway, ladder, ramp or other safe means of egress shall be located in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees.

(4) Exposure to vehicular traffic.  Employees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high-visibility material.

(5) Exposure to falling loads.  No employee shall be permitted underneath loads handled by lifting or digging equipment.  Employees shall be required to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials.  Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with WAC 296-155-610 (2)(g), to provide adequate protection for the operator during loading and unloading operations.

(6) Warning system for mobile equipment.  When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the excavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs.  If possible, the grade should be away from the excavation.

(7) Hazardous atmospheres.

(a) Testing and controls.  In addition to the requirements set forth in parts B-1, C, and C-1 of this chapter (296-155 WAC) to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requirements shall apply:

(i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth.

(ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres.  These precautions include providing proper respiratory protection or ventilation in accordance with parts B-1 and C of this chapter respectively.

(iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of ((20)) 10 percent of the lower flammable limit of the gas.

(iv) When controls are used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe.

(b) Emergency rescue equipment.

(i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation.  This equipment shall be attended when in use.

(ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a lifeline securely attached to it.  The lifeline shall be separate from any line used to handle materials, and shall be individually attended at all times while the employee wearing the lifeline is in the excavation.

Note:

See chapter 296-62 WAC, Part M for additional requirements applicable to confined space operations.

(8) Protection from hazards associated with water accumulation.

(a) Employees shall not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water accumulation.  The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline.

(b) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation.

(c) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the excavation.  Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with subdivisions (a) and (b) of this subsection.

(9) Stability of adjacent structures.

(a) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of such structures for the protection of employees.

(b) Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when:

(i) A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or

(ii) The excavation is in stable rock; or

(iii) A registered professional engineer has approved the determination that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity; or

(iv) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees.

(c) Sidewalks, pavements, and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures.

(10) Protection of employees from loose rock or soil.

(a) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face.  Such protection shall consist of scaling to remove loose material; installation of protective barricades at intervals as necessary on the face to stop and contain falling material; or other means that provide equivalent protection.

(b) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations.  Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.

(11) Inspections.

(a) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.  An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift.  Inspections shall also be made after every rainstorm or other hazard increasing occurrence.  These inspections are only required when employee exposure can be reasonably anticipated.

(b) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety.

(12) Fall protection.

(a) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations.  Guardrails which comply with chapter 296-155 WAC, Part K shall be provided where walkways are 4 feet or more above lower levels.

(b) Adequate barrier physical protection shall be provided at all remotely located excavations.  All wells, pits, shafts, etc., shall be barricaded or covered.  Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall be backfilled.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  96-24-051, § 296-155-655, filed 11/27/96, effective 2/1/97.  Statutory Authority: Chapter 49.17 RCW.  95-10-016, § 296-155-655, filed 4/25/95, effective 10/1/95.  Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060.  92-22-067 (Order 92-06), § 296-155-655, filed 10/30/92, effective 12/8/92.  Statutory Authority: Chapter 49.17 RCW.  91-03-044 (Order 90-18), § 296-155-655, filed 1/10/91, effective 2/12/91.  Statutory Authority: RCW 49.17.040 and 49.17.050.  86-03-074 (Order 86-14), § 296-155-655, filed 1/21/86.  Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240.  81-13-053 (Order 81-9), § 296-155-655, filed 6/17/81; Order 76-29, § 296-155-655, filed 9/30/76; Order 74-26, § 296-155-655, filed 5/7/74, effective 6/6/74.]

OTS-3011.2

AMENDATORY SECTION(Amending WSR 98-02-030, filed 12/31/97, effective 1/31/98)

WAC 296-62-07347
Inorganic arsenic.

(1) Scope and application.  This section applies to all occupational exposures to inorganic arsenic except that this section does not apply to employee exposures in agriculture or resulting from pesticide application, the treatment of wood with preservatives or the utilization of arsenically preserved wood.

(2) Definitions.

(a) "Action level" - a concentration of inorganic arsenic of 5 micrograms per cubic meter of air (5 µg/m³) averaged over any eight-hour period.

(b) "Authorized person" - any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under subsection (5) of this section.

(c) "Director" - the director of the department of labor and industries, or his/her designated representative.

(d) "Inorganic arsenic" - copper aceto-arsenite and all inorganic compounds containing arsenic except arsine, measured as arsenic (As).

(3) Permissible exposure limit.  The employer shall assure that no employee is exposed to inorganic arsenic at concentrations greater than 10 micrograms per cubic meter of air (10 µg/m³), averaged over any eight-hour period.

(4) Notification of use.

(a) By October 1, 1978, or within sixty days after the introduction of inorganic arsenic into the workplace, every employer who is required to establish a regulated area in his/her workplaces shall report in writing to the department of labor and industries for each such workplace:

(i) The address of each such workplace;

(ii) The approximate number of employees who will be working in regulated areas; and

(iii) A brief summary of the operations creating the exposure and the actions which the employer intends to take to reduce exposures.

(b) Whenever there has been a significant change in the information required by subsection (4)(a) of this section, the employer shall report the changes in writing within sixty days to the department of labor and industries.

(5) Exposure monitoring.

(a) General.

(i) Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to inorganic arsenic over an eight-hour period.

(ii) For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.

(iii) The employer shall collect full shift (for at least seven continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.

(b) Initial monitoring.  Each employer who has a workplace or work operation covered by this standard shall monitor each such workplace and work operation to accurately determine the airborne concentration of inorganic arsenic to which employees may be exposed.

(c) Frequency.

(i) If the initial monitoring reveals employee exposure to be below the action level the measurements need not be repeated except as otherwise provided in subsection (5)(d) of this section.

(ii) If the initial monitoring, required by this section, or subsequent monitoring reveals employee exposure to be above the permissible exposure limit, the employer shall repeat monitoring at least quarterly.

(iii) If the initial monitoring, required by this section, or subsequent monitoring reveals employee exposure to be above the action level and below the permissible exposure limit the employee shall repeat monitoring at least every six months.

(iv) The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the action level at which time the employer may discontinue monitoring for that employee until such time as any of the events in subsection (5)(d) of this section occur.

(d) Additional monitoring.  Whenever there has been a production, process, control or personal change which may result in new or additional exposure to inorganic arsenic, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to inorganic arsenic, additional monitoring which complies with subsection (5) of this section shall be conducted.

(e) Employee notification.

(i) Within five working days after the receipt of monitoring results, the employer shall notify each employee in writing of the results which represent that employee's exposures.

(ii) Whenever the results indicate that the representative employee exposure exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken to reduce exposure to or below the permissible exposure limit.

(f) Accuracy of measurement.

(i) The employer shall use a method of monitoring and measurement which has an accuracy (with a confidence level of 95 percent) of not less than plus or minus 25 percent for concentrations of inorganic arsenic greater than or equal to 10 µg/m³.

(ii) The employer shall use a method of monitoring and measurement which has an accuracy (with confidence level of 95 percent) of not less than plus or minus 35 percent for concentrations of inorganic arsenic greater than 5 µg/m³ but less than 10 µg/m³.

(6) Regulated area.

(a) Establishment.  The employer shall establish regulated areas where worker exposures to inorganic arsenic, without regard to the use of respirators, are in excess of the permissible limit.

(b) Demarcation.  Regulated areas shall be demarcated and segregated from the rest of the workplace in any manner that minimizes the number of persons who will be exposed to inorganic arsenic.

(c) Access.  Access to regulated areas shall be limited to authorized persons or to persons otherwise authorized by the Act or regulations issued pursuant thereto to enter such areas.

(d) Provision of respirators.  All persons entering a regulated area shall be supplied with a respirator, selected in accordance with subsection (8)(b) of this section.

(e) Prohibited activities.  The employer shall assure that in regulated areas, food or beverages are not consumed, smoking products, chewing tobacco and gum are not used and cosmetics are not applied, except that these activities may be conducted in the lunchrooms, change rooms and showers required under subsection (12) of this section.  Drinking water may be consumed in the regulated area.

(7) Methods of compliance.

(a) Controls.

(i) The employer shall institute at the earliest possible time but not later than December 31, 1979, engineering and work practice controls to reduce exposures to or below the permissible exposure limit, except to the extent that the employer can establish that such controls are not feasible.

(ii) Where engineering and work practice controls are not sufficient to reduce exposures to or below the permissible exposure limit, they shall nonetheless be used to reduce exposures to the lowest levels achievable by these controls and shall be supplemented by the use of respirators in accordance with subsection (8) of this section and other necessary personal protective equipment.  Employee rotation is not required as a control strategy before respiratory protection is instituted.

(b) Compliance program.

(i) The employer shall establish and implement a written program to reduce exposures to or below the permissible exposure limit by means of engineering and work practice controls.

(ii) Written plans for these compliance programs shall include at least the following:

(A) A description of each operation in which inorganic arsenic is emitted; e.g., machinery used, material processed, controls in place, crew size, operating procedures and maintenance practices;

(B) Engineering plans and studies used to determine methods selected for controlling exposure to inorganic arsenic;

(C) A report of the technology considered in meeting the permissible exposure limit;

(D) Monitoring data;

(E) A detailed schedule for implementation of the engineering controls and work practices that cannot be implemented immediately and for the adaption and implementation of any additional engineering and work practices necessary to meet the permissible exposure limit;

(F) Whenever the employer will not achieve the permissible exposure limit with engineering controls and work practices by December 31, 1979, the employer shall include in the compliance plan an analysis of the effectiveness of the various controls, shall install engineering controls and institute work practices on the quickest schedule feasible, and shall include in the compliance plan and implement a program to minimize the discomfort and maximize the effectiveness of respirator use; and

(G) Other relevant information.

(iii) Written plans for such a program shall be submitted upon request to the director, and shall be available at the worksite for examination and copying by the director, any affected employee or authorized employee representatives.

(iv) The plans required by this subsection shall be revised and updated at least every six months to reflect the current status of the program.

(8) Respiratory protection.

(a) General.  The employer shall assure that respirators are used where required under this section to reduce employee exposures to below the permissible exposure limit and in emergencies.  Respirators shall be used in the following circumstances:

(i) During the time period necessary to install or implement feasible engineering or work practice controls;

(ii) In work operations such as maintenance and repair activities in which the employer establishes that engineering and work practice controls are not feasible;

(iii) In work situations in which engineering controls and supplemental work practice controls are not yet sufficient to reduce exposures to or below the permissible exposure limit; or

(iv) In emergencies.

(b) Respirator selection.

(i) Where respirators are required under this section the employer shall select, provide at no cost to the employee and assure the use of the appropriate respirator or combination of respirators from Table I for inorganic arsenic compounds without significant vapor pressure, or Table II for inorganic arsenic compounds which have significant vapor pressure.

(ii) Where employee exposures exceed the permissible exposure limit for inorganic arsenic and also exceed the relevant limit for particular gasses such as sulfur dioxide, any air purifying respirator supplied to the employee as permitted by this standard must have a combination high efficiency filter with an appropriate gas sorbent.  (See footnote in Table I)

TABLE I

RESPIRATORY PROTECTION FOR INORGANIC ARSENIC

PARTICULATE EXCEPT FOR THOSE WITH SIGNIFICANT VAPOR

PRESSURE

TABLE II

RESPIRATORY PROTECTION FOR INORGANIC ARSENICALS

(SUCH AS ARSENIC TRICHLORIDE² AND ARSENIC PHOSPHIDE)

WITH SIGNIFICANT VAPOR PRESSURE

(c) Respirator usage.

(i) The employer shall assure that the respirator issued to the employee exhibits minimum facepiece leakage and that the respirator is fitted properly.

(ii) The employer shall perform qualitative fit tests at the time of initial fitting and at least semi-annually thereafter for each employee wearing respirators, where quantitative fit tests are not required.

(iii) Employers with more than twenty employees wearing respirators shall perform a quantitative face fit test at the time of initial fitting and at least semi-annually thereafter for each employee wearing negative pressure respirators.  The test shall be used to select facepieces that provide the required protection as prescribed in Table I or II.

(iv) If an employee has demonstrated difficulty in breathing during the fitting test or during use, he or she shall be examined by a physician trained in pulmonary medicine to determine whether the employee can wear a respirator while performing the required duty.

(d) Respirator program.

(i) The employer shall institute a respiratory protection program in accordance with WAC 296-62-071.

(ii) The employer shall permit each employee who uses a filter respirator to change the filter elements whenever an increase in breathing resistance is detected and shall maintain an adequate supply of filter elements for this purpose.

(iii) Employees who wear respirators shall be permitted to leave work areas to wash their face and respirator facepiece to prevent skin irritation associated with respirator use.

(e) Commencement of respirator use.

(i) The employer's obligation to provide respirators commences on August 1, 1978, for employees exposed over 500 µg/m³ of inorganic arsenic, as soon as possible but not later than October 1, 1978, for employees exposed to over 50 µg/m³ of inorganic arsenic, and as soon as possible but not later than December 1, 1978, for employees exposed between 10 and 50 µg/m³ of inorganic arsenic.

(ii) Employees with exposures below 50 µg/m³ of inorganic arsenic may choose not to wear respirators until December 31, 1979.

(iii) After December 1, 1978, any employee required to wear air purifying respirators may choose, and if so chosen the employer must provide, if it will give proper protection, a powered air purifying respirator and in addition if necessary a combination dust and acid gas respirator for times where exposures to gases are over the relevant exposure limits.

(9) Reserved.

(10) Protective work clothing and equipment.

(a) Provision and use.  Where the possibility of skin or eye irritation from inorganic arsenic exists, and for all workers working in regulated areas, the employer shall provide at no cost to the employee and assure that employees use appropriate and clean protective work clothing and equipment such as, but not limited to:

(i) Coveralls or similar full-body work clothing;

(ii) Gloves, and shoes or coverlets;

(iii) Face shields or vented goggles when necessary to prevent eye irritation, which comply with the requirements of WAC 296-24-07801 (1) - (6).

(iv) Impervious clothing for employees subject to exposure to arsenic trichloride.

(b) Cleaning and replacement.

(i) The employer shall provide the protective clothing required in subsection (10)(a) of this section in a freshly laundered and dry condition at least weekly, and daily if the employee works in areas where exposures are over 100 µg/m³ of inorganic arsenic or in areas where more frequent washing is needed to prevent skin irritation.

(ii) The employer shall clean, launder, or dispose of protective clothing required by subsection (10)(a) of this section.

(iii) The employer shall repair or replace the protective clothing and equipment as needed to maintain their effectiveness.

(iv) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change rooms prescribed in subsection (13)(a) of this section.

(v) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change-room which prevents dispersion of inorganic arsenic outside the container.

(vi) The employer shall inform in writing any person who cleans or launders clothing required by this section, of the potentially harmful affects including the carcinogenic effects of exposure to inorganic arsenic.

(vii) The employer shall assure that the containers of contaminated protective clothing and equipment in the workplace or which are to be removed from the workplace are labeled as follows:

Caution: Clothing contaminated with inorganic arsenic; do not remove dust by blowing or shaking.  Dispose of inorganic arsenic contaminated wash water in accordance with applicable local, state, or federal regulations.

(viii) The employer shall prohibit the removal of inorganic arsenic from protective clothing or equipment by blowing or shaking.

(11) Housekeeping.

(a) Surfaces.  All surfaces shall be maintained as free as practicable of accumulations of inorganic arsenic.

(b) Cleaning floors.  Floors and other accessible surfaces contaminated with inorganic arsenic may not be cleaned by the use of compressed air, and shoveling and brushing may be used only where vacuuming or other relevant methods have been tried and found not to be effective.

(c) Vacuuming.  Where vacuuming methods are selected, the vacuums shall be used and emptied in a manner to minimize the reentry of inorganic arsenic into the workplace.

(d) Housekeeping plan.  A written housekeeping and maintenance plan shall be kept which shall list appropriate frequencies for carrying out housekeeping operations, and for cleaning and maintaining dust collection equipment.  The plan shall be available for inspection by the director.

(e) Maintenance of equipment.  Periodic cleaning of dust collection and ventilation equipment and checks of their effectiveness shall be carried out to maintain the effectiveness of the system and a notation kept of the last check of effectiveness and cleaning or maintenance.

(12) Reserved.

(13) Hygiene facilities and practices.

(a) Change rooms.  The employer shall provide for employees working in regulated areas or subject to the possibility of skin or eye irritation from inorganic arsenic, clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment in accordance with WAC 296-24-12011.

(b) Showers.

(i) The employer shall assure that employees working in regulated areas or subject to the possibility of skin or eye irritation from inorganic arsenic shower at the end of the work shift.

(ii) The employer shall provide shower facilities in accordance with WAC 296-24-12009(3).

(c) Lunchrooms.

(i) The employer shall provide for employees working in regulated areas, lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in regulated areas.

(ii) The employer shall assure that employees working in the regulated area or subject to the possibility of skin or eye irritation from exposure to inorganic arsenic wash their hands and face prior to eating.

(d) Lavatories.  The employer shall provide lavatory facilities which comply with WAC 296-24-12009 (1) and (2).

(e) Vacuuming clothes.  The employer shall provide facilities for employees working in areas where exposure, without regard to the use of respirators, exceeds 100 µg/m³ to vacuum their protective clothing and clean or change shoes worn in such areas before entering change rooms, lunchrooms or shower rooms required by subsection (10) of this section and shall assure that such employees use such facilities.

(f) Avoidance of skin irritation.  The employer shall assure that no employee is exposed to skin or eye contact with arsenic trichloride, or to skin or eye contact with liquid or particulate inorganic arsenic which is likely to cause skin or eye irritation.

(14) Medical surveillance.

(a) General.

(i) Employees covered.  The employer shall institute a medical surveillance program for the following employees:

(A) All employees who are or will be exposed above the action level, without regard to the use of respirators, at least thirty days per year; and

(B) All employees who have been exposed above the action level, without regard to respirator use, for thirty days or more per year for a total of ten years or more of combined employment with the employer or predecessor employers prior to or after the effective date of this standard.  The determination of exposures prior to the effective date of this standard shall be based upon prior exposure records, comparison with the first measurements taken after the effective date of this standard, or comparison with records of exposures in areas with similar processes, extent of engineering controls utilized and materials used by that employer.

(ii) Examination by physician.  The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee, without loss of pay and at a reasonable time and place.

(b) Initial examinations.  By December 1, 1978, for employees initially covered by the medical provisions of this section, or thereafter at the time of initial assignment to an area where the employee is likely to be exposed over the action level at least thirty days per year, the employer shall provide each affected employee an opportunity for a medical examination, including at least the following elements:

(i) A work history and a medical history which shall include a smoking history and the presence and degree of respiratory symptoms such as breathlessness, cough, sputum production and wheezing.

(ii) A medical examination which shall include at least the following:

(A) A 14" by 17" posterior-anterior chest x-ray and International Labor Office UICC/Cincinnati (ILO U/C) rating;

(B) A nasal and skin examination; and

(C) Other examinations which the physician believes appropriate because of the employees exposure to inorganic arsenic or because of required respirator use.

(c) Periodic examinations.

(i) The employer shall provide the examinations specified in subsection((s)) (14)(b)(i) and (((14)(b)))(ii)(A), (B) and (C) of this section at least annually for covered employees who are under forty-five years of age with fewer than ten years of exposure over the action level without regard to respirator use.

(ii) The employer shall provide the examinations specified in subsection((s)) (14)(b)(i) and (ii)(B) and (C) of this section at least semi-annually, and the x-ray requirements specified in subsection (14)(b)(ii)(A) of this section at least annually, for other covered employees.

(iii) Whenever a covered employee has not taken the examinations specified in subsection (14)(b)(i) and (ii)(B) and (C) of this section within six months preceding the termination of employment, the employer shall provide such examinations to the employee upon termination of employment.

(d) Additional examinations.  If the employee for any reason develops signs or symptoms commonly associated with exposure to inorganic arsenic the employer shall provide an appropriate examination and emergency medical treatment.

(e) Information provided to the physician.  The employer shall provide the following information to the examining physician:

(i) A copy of this standard and its appendices;

(ii) A description of the affected employee's duties as they relate to the employee's exposure;

(iii) The employee's representative exposure level or anticipated exposure level;

(iv) A description of any personal protective equipment used or to be used; and

(v) Information from previous medical examinations of the affected employee which is not readily available to the examining physician.

(f) Physician's written opinion.

(i) The employer shall obtain a written opinion from the examining physician which shall include:

(A) The results of the medical examination and tests performed;

(B) The physician's opinion as to whether the employee has any detected medical conditions which would place the employee at increased risk of material impairment of the employee's health from exposure to inorganic arsenic;

(C) Any recommended limitations upon the employee's exposure to inorganic arsenic or upon the use of protective clothing or equipment such as respirators; and

(D) A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further examination or treatment.

(ii) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure.

(iii) The employer shall provide a copy of the written opinion to the affected employee.

(15) Employee information and training.

(a) Training program.

(i) The employer shall institute a training program for all employees who are subject to exposure to inorganic arsenic above the action level without regard to respirator use, or for whom there is the possibility of skin or eye irritation from inorganic arsenic.  The employer shall assure that those employees participate in the training program.

(ii) The training program shall be provided by October 1, 1978 for employees covered by this provision, at the time of initial assignment for those subsequently covered by this provision, and shall be repeated at least quarterly for employees who have optional use of respirators and at least annually for other covered employees thereafter, and the employer shall assure that each employee is informed of the following:

(A) The information contained in Appendix A;

(B) The quantity, location, manner of use, storage, sources of exposure, and the specific nature of operations which could result in exposure to inorganic arsenic as well as any necessary protective steps;

(C) The purpose, proper use, and limitation of respirators;

(D) The purpose and a description of medical surveillance program as required by subsection (14) of this section;

(E) The engineering controls and work practices associated with the employee's job assignment; and

(F) A review of this standard.

(b) Access to training materials.

(i) The employer shall make readily available to all affected employees a copy of this standard and its appendices.

(ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.

(16) Signs and labels.

(a) General.

(i) The employer may use labels or signs required by other statutes, regulations, or ordinances in addition to, or in combination with, signs and labels required by this subsection.

(ii) The employer shall assure that no statement appears on or near any sign or label required by this subsection which contradicts or detracts from the meaning of the required sign or label.

(b) Signs.

(i) The employer shall post signs demarcating regulated areas bearing the legend:

DANGER

INORGANIC ARSENIC

CANCER HAZARD

AUTHORIZED PERSONNEL ONLY

NO SMOKING OR EATING

RESPIRATOR REQUIRED

(ii) The employer shall assure that signs required by this subsection are illuminated and cleaned as necessary so that the legend is readily visible.

(c) Labels.  The employer shall apply precautionary labels to all shipping and storage containers of inorganic arsenic, and to all products containing inorganic arsenic except when the inorganic arsenic in the product is bound in such a manner so as to make unlikely the possibility of airborne exposure to inorganic arsenic.  (Possible examples of products not requiring labels are semiconductors, light emitting diodes and glass.) The label shall bear the following legend:

DANGER

CONTAINS INORGANIC ARSENIC

CANCER HAZARD

HARMFUL IF INHALED OR SWALLOWED

USE ONLY WITH ADEQUATE VENTILATION OR RESPIRATORY PROTECTION

(17) Recordkeeping.

(a) Exposure monitoring.

(i) The employer shall establish and maintain an accurate record of all monitoring required by subsection (5) of this section.

(ii) This record shall include:

(A) The date(s), number, duration location, and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure where applicable;

(B) A description of the sampling and analytical methods used and evidence of their accuracy;

(C) The type of respiratory protective devices worn, if any;

(D) Name, Social Security number, and job classification of the employees monitored and of all other employees whose exposure the measurement is intended to represent; and

(E) The environmental variables that could affect the measurement of the employee's exposure.

(iii) The employer shall maintain these monitoring records for at least forty years or for the duration of employment plus twenty years, whichever is longer.

(b) Medical surveillance.

(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (14) of this section.

(ii) This record shall include:

(A) The name, Social Security number, and description of duties of the employee;

(B) A copy of the physician's written opinions;

(C) Results of any exposure monitoring done for that employee and the representative exposure levels supplied to the physician; and

(D) Any employee medical complaints related to exposure to inorganic arsenic.

(iii) The employer shall in addition keep, or assure that the examining physician keeps, the following medical records:

(A) A copy of the medical examination results including medical and work history required under subsection (14) of this section;

(B) A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information;

(C) The initial x-ray;

(D) The x-rays for the most recent five years; and

(E) Any x-rays with a demonstrated abnormality and all subsequent x-rays((; and

(F) Any cytologic examination slides with demonstrated atypia, if such atypia persists for three years, and all subsequent slides and written descriptions)).

(iv) The employer shall maintain or assure that the physician maintains those medical records for at least forty years, or for the duration of employment, plus twenty years, whichever is longer.

(c) Availability.

(i) The employer shall make available upon request all records required to be maintained by subsection (17) of this section to the director for examination and copying.

(ii) Records required by this subsection shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217.

(iii) The employer shall make available upon request an employee's medical records and exposure records representative of that employee's exposure required to be maintained by subsection (17) of this section to the affected employee or former employee or to a physician designated by the affected employee or former employee.

(d) Transfer of records.

(i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by this section.

(ii) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to the director.

(iii) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the director at least three months prior to the disposal of such records and shall transmit those records to the director if he requests them within that period.

(iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.

(18) Observation of monitoring.

(a) Employee observation.  The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to inorganic arsenic conducted pursuant to subsection (5) of this section.

(b) Observation procedures.

(i) Whenever observation of the monitoring of employee exposure to inorganic arsenic requires entry into an area where the use of respirators, protective clothing, or equipment is required, the employer shall provide the observer with and assure the use of such respirators, clothing, and such equipment, and shall require the observer to comply with all other applicable safety and health procedures.

(ii) Without interfering with the monitoring, observers shall be entitled to;

(A) Receive an explanation of the measurement procedures;

(B) Observe all steps related to the monitoring of inorganic arsenic performed at the place of exposure; and

(C) Record the results obtained or receive copies of the results when returned by the laboratory.

(19) Effective date.  This standard shall become effective thirty days after filing with the code reviser.

(20) Appendices.  The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.

(21) Startup dates.

(a) General.  The startup dates of requirements of this standard shall be the effective date of this standard unless another startup date is provided for, either in other subsections of this section or in this subsection.

(b) Monitoring.  Initial monitoring shall be commenced by August 1, 1978, and shall be completed by September 15, 1978.

(c) Regulated areas.  Regulated areas required to be established as a result of initial monitoring shall be set up as soon as possible after the results of that monitoring is known and no later than October 1, 1978.

(d) Compliance program.  The written program required by subsection (7)(b) as a result of initial monitoring shall be made available for inspection and copying as soon as possible and no later than December 1, 1978.

(e) Hygiene and lunchroom facilities.  Construction plans for change-rooms, showers, lavatories, and lunchroom facilities shall be completed no later than December 1, 1978, and these facilities shall be constructed and in use no later than July 1, 1979.  However, if as part of the compliance plan it is predicted by an independent engineering firm that engineering controls and work practices will reduce exposures below the permissible exposure limit by December 31, 1979, for affected employees, then such facilities need not be completed until one year after the engineering controls are completed or December 31, 1980, whichever is earlier, if such controls have not in fact succeeded in reducing exposure to below the permissible exposure limit.

(f) Summary of startup dates set forth elsewhere in this standard.

October 1, 1978 - Complete establishment of regulated areas.  Respirator use for employees exposed above 50 µg/m³.  Completion of initial training.  Notification of use.

December 1, 1978 - Respirator use over 10 µg/m³.  Completion of initial medical.  Completion of compliance plan.  Optional use of powered air-purifying respirators.

July 1, 1979 - Completion of lunch rooms and hygiene facilities.

December 31, 1979 - Completion of engineering controls.

All other requirements of the standard have as their startup date August 1, 1978.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.  98-02-030, § 296-62-07347, filed 12/31/97, effective 1/31/98.  Statutory Authority: Chapter 49.17 RCW.  94-15-096 (Order 94-07), § 296-62-07347, filed 7/20/94, effective 9/20/94.  Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240.  81-18-029 (Order 81-21), § 296-62-07347, filed 8/27/81; 81-16-015 (Order 81-20), § 296-62-07347, filed 7/27/81; 79-08-115 (Order 79-9), § 296-62-07347, filed 7/31/79; 79-02-037 (Order 79-1), § 296-62-07347, filed 1/23/79.]

The information in Appendices A, B, and C is not intended, by itself, to create any additional obligations not otherwise imposed by WAC 296-62-07347 nor detract from existing obligation.

(1) Appendix A--Inorganic arsenic substance information sheet.

(a) Substance identification.

(i) Substance.  Inorganic arsenic.

(ii) Definition.  Copper acetoarsenite, arsenic and all inorganic compounds containing arsenic except arsine, measured as arsenic (As).

(iii) Permissible exposure limit.  Ten micrograms per cubic meter of air as determined as an average over an 8 hour period.  No employee may be exposed to any skin or eye contact with arsenic trichloride or to skin or eye contact likely to cause skin or eye irritation.

(iv) Regulated areas.  Only employees authorized by your employer should enter a regulated area.

(b) Health hazard data.

(i) Comments.  The health hazard of inorganic arsenic is high.

(ii) Ways in which the chemical affects your body.  Exposure to airborne concentrations of inorganic arsenic may cause lung cancer, and can be a skin irritant.  Inorganic arsenic may also affect your body if swallowed.  One compound in particular, arsenic trichloride, is especially dangerous because it can be absorbed readily through the skin.  Because inorganic arsenic is a poison, you should wash your hands thoroughly prior to eating or smoking.

(c) Personal protective equipment and clothing.

(i) Respirators.  Respirators will be provided by the employer at no cost to employees for routine use if the employer is in the process of implementing engineering and work practice controls or where engineering and work practice controls are not feasible or insufficient.  Respirators must be worn for nonroutine activities or in emergency situations where there is likely to be exposure to levels of inorganic arsenic in excess of the permissible exposure limit.  Since how well the respirator fits is very important, the employer is required to conduct fit tests to make sure the respirator seals properly when worn.  These tests are simple and rapid and will be explained during training sessions.

(ii) Protective clothing.  If work is in a regulated area, the employer is required to provide at no cost to employees, and it must be worn, appropriate, clean, protective clothing and equipment.  The purpose of this equipment is to prevent the employee from taking home arsenic-contaminated dust and to protect the body from repeated skin contact with inorganic arsenic likely to cause skin irritation.  This clothing shall include such items as coveralls or similar full-body clothing, gloves, shoes or coverlets, and aprons.  Protective equipment should include face shields or vented goggles, where eye irritation may occur.

(d) Hygiene facilities and practices.

(i) The employer shall ensure that employees do not eat, drink, smoke, chew gum or tobacco, or apply cosmetics in the regulated area, except that drinking water is permitted.  If work is in a regulated area, the employer is required to provide lunchrooms or other areas for these purposes.

(ii) If work is in a regulated area, the employer is required to provide showers, washing facilities, and change rooms.  The employer shall ensure that employees wash faces and hands before eating and shower at the end of the work shift.  Do not take used protective clothing out of change rooms without the employer's permission.  The employer is required to provide for laundering or cleaning of the protective clothing.

(e) Signs and labels.  The employer is required to post warning signs and labels for employee protection.  Signs must be posted in regulated areas.  The signs must warn that a cancer hazard is present, that only authorized employees may enter the area, and that no smoking or eating is allowed, and that respirators must be worn.

(f) Medical examinations.  If exposure to arsenic is over the action level (5 µg/m³) (including all persons working in regulated areas) at least 30 days per year, or employees have been exposed to arsenic for more than 10 years over the action level, the employer is required to provide employees with a medical examination.  The examination shall be every 6 months for employees over 45 years old or with more than 10 years exposure over the action level and annually for other covered employees.  The medical examination must include a medical history; a chest x-ray (annual requirement only); skin examination; and nasal examination.  The examining physician will provide a written opinion to the employer containing the results of the medical exams.  Employees should also receive a copy of this opinion.  The physician must not tell the employer any conditions he detects unrelated to occupational exposure to arsenic but must tell employees those conditions.

(g) Observation of monitoring.  The employer is required to monitor employee exposure to arsenic and employees or their representatives are entitled to observe the monitoring procedure.  Employees are entitled to receive an explanation of the measurement procedure, and to record the results obtained.  When the monitoring procedure is taking place in an area where respirators or personal protective clothing and equipment are required to be worn, employees must also be provided with and must wear the protective clothing and equipment.

(h) Access to records.  Employees or their representatives are entitled to records of employee exposure to inorganic arsenic upon request to the employer.  Employee medical examination records can be furnished to employees' physician if employees request the employer to provide them.

(i) Training and notification.  Additional information on all of these items plus training as to hazards of exposure to inorganic arsenic and the engineering and work practice controls associated with employees' jobs will also be provided by the employer.  If employees are exposed over the permissible exposure limit, the employer must inform employees of that fact and the actions to be taken to reduce employee exposure.

(2) Appendix B--Substance technical guidelines.  Arsenic, arsenic trioxide, arsenic trichloride (3 examples)

(a) Physical and chemical properties

(i) Arsenic (metal)

(A) Formula: As

(B) Appearance: Gray metal

(C) Melting point: Sublimes without melting at 613C

(D) Specific gravity: (H₂0=1):5.73.

(E) Solubility in water: Insoluble

(ii) Arsenic trioxide

(A) Formula: As₂0₃, (As₄0₆).

(B) Appearance: White powder

(C) Melting point: 315C

(D) Specific gravity: (H₂0=1):3.74

(E) Solubility in water: 3.7 grams in 100cc of water at 20C

(iii) Arsenic trichloride (liquid)(Trichloride)

(A) Formula: AsCL3

(B) Appearance: Colorless or pale yellow liquid

(C) Melting point: -8.5C

(D) Boiling point: 130.2C

(E) Specific gravity (1120=1)2:16 at 20C

(F) Vapor Pressure: 10mm Hg at 23.5C.

(G) Solubility in water: Decomposes in water.

(b) Fire, explosion, and reactivity data.

(i) Fire: Arsenic trioxide and arsenic trichloride are nonflammable.

(ii) Reactivity:

(A) Conditions contributing to instability: Heat.

(B) Incompatibility: Hydrogen gas can react with inorganic arsenic to form the highly toxic gas arsine.

(c) Monitoring and measurement procedures.

(i) Samples collected should be full shift (at least 7 hours) samples.  Sampling should be done using a personal sampling pump at a flow rate of 2 liters per minute.  Samples should be collected on 0.8 micrometer pore size membrane filter (37mm diameter).  Volatile arsenicals such as arsenic trichloride can be most easily collected in a midget bubbler filled with 15 ml. of 0.1 N NaOH.

(ii) The method of sampling and analysis should have an accuracy of not less than ± 25 percent (with a confidence limit of 95 percent) for 10 micrograms per cubic meter of air (10 µg/m³) and ± 35 percent (with a confidence limit of 95 percent) for concentrations of inorganic arsenic between 5 and 10 µg/m³.

(3) Appendix C--Medical surveillance guidelines.

(a) General.

(i) Medical examinations are to be provided for all employees exposed to levels of inorganic arsenic above the action level (5 µg/m³) for at least 30