Subject of Possible Rule Making: Chapter 296-52 WAC, Safety standards for the possession and handling of explosives. Subject: Explosives blasting.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, [49.17].040, [49.17].050, 70.74.020, and 49.24.370.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The explosives industry has requested through the governor's office that blasting requirements in the explosives standard, chapter 296-52 WAC, be updated. Many industry concerns are due to population increases in suburban and rural areas where most blasting occurs. As a result of these concerns, an advisory committee was formed to address issues relating to explosives blasting requirements, as well as update the standard to be in line with current industry practice and national standard levels.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: OSHA (WISHA is required to adopt regulations which are at-least-as- effective-as OSHA regulations. An OSHA/WISHA comparison document will be submitted to OSHA for approval as required by the 18b State Plan Agreement), MSHA (MSHA's scope is limited to the Mining Industry. A copy of the final draft proposal will be provided to MSHA), BATF (BATF's scope covers the general public vs. the employee/employer relationship. In addition, BATF does not currently regulate blasting. A copy of the final draft proposal will be provided to BATF), and the State Fire Marshall (through the UFC and NFPA national consensus codes. State Fire Marshalls are currently represented on the advisory committee).

Process for Developing New Rule: Advisory Committee Development. The advisory committee is comprised of department and industry management and labor representatives.

The public may also participate by providing written comments to the department after the amendments are proposed or by giving oral testimony during the public hearing process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Morris Payne, Explosives Specialist, phone (360) 902-5569, fax (360) 902-5438; Linda Dausener, WISHA Standards Project Manager, phone (360) 902-5516, fax (360) 902-5529; Department of Labor and Industries, WISHA Services Division, P.O. Box 44655 or 44620 (respectively), Olympia, WA 98504-4620.

October 19, 1999

Gary Moore

Director

© Washington State Code Reviser's Office