Date of Adoption: February 7, 2001.

Purpose: WAC 296-32-240 Employee protection in public work areas and 296-45-52530 Employee protection in public work areas.

Topic: It was the department's intent that these amendments to WAC 296-32-240 and 296-45-52530 be a part of its January 26, 2001, permanent flagger rule adoption filing. Unfortunately, due to an administrative error, these sections were not included in that filing, therefore, the immediate adoption of these rules is necessary for the preservation of worker safety in the telecommunications and electrical industries. Observing the notice requirements and opportunity to be heard is contrary to the public interest in this instance. The department does intend to propose permanent rule amendments covering WAC 296-32-240 and 296-45-52530 in the near future and will follow the requirements of the Administrative Procedure Act (chapter 34.05 RCW) in doing so.

Citation of Existing Rules Affected by this Order: Amending WAC 296-32-240 Employee protection in public work areas and 296-45-52530 Employee protection in public work areas.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.

Other Authority: RCW 34.05.328 and [34.05.]350, 19.85.025.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Flaggers working on telecommunications and electrical job sites will not benefit from the protective requirements contained in WAC 296-155-305 unless these emergency rules are adopted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Effective Date of Rule: Immediately.

February 7, 2001

Gary Moore

Director

OTS-4350.1

AMENDATORY SECTION(Amending Order 76-38, filed 12/30/76)

WAC 296-32-240   Employee protection in public work areas.   (1)(a) Before work ((is begun)) begins in the vicinity of vehicular or pedestrian traffic ((which)) that may endanger employees, ((warning signs and/or flags or other traffic control devices shall be placed conspicuously to alert and channel approaching traffic. Where further protection is needed, barriers shall be utilized)) traffic control signs, devices, and barriers must be positioned and used according to the requirements of chapter 296-155 WAC, Part E. When flaggers are used, employers, responsible contractors and/or project owners must comply with the requirements of WAC 296-155-305.

(b) ((At night)) During hours of darkness, warning lights ((shall)) must be prominently displayed((,)) and excavated areas ((shall)) must be enclosed with protective barricades.

(2) When work exposes energized or moving parts that are normally protected, danger signs shall be displayed and barricades erected to warn other personnel in the area.

(3) The employer shall insure that an employee finding any crossed or fallen wires which create or may create a hazardous situation at the work area:

(a) Remains on guard or adopts other adequate means to warn other employees of the danger, and

(b) Has the proper authority notified at the earliest practical moment.

[Order 76-38, 296-32-240, filed 12/30/76; Order 75-41, 296-32-240, filed 12/19/75.]

OTS-4351.1

AMENDATORY SECTION(Amending WSR 98-07-009, filed 3/6/98, effective 5/6/98)

WAC 296-45-52530   Employee protection in public work areas.   (1) ((Traffic control signs and traffic control devices used for the protection of employees shall meet the requirements of chapter 296-155 WAC, Part E.

(2) Before work is begun in the vicinity of vehicular or pedestrian traffic that may endanger employees, warning signs or flags and other traffic control devices shall be placed in conspicuous locations to alert and channel approaching traffic.

(3) Where additional employee protection is necessary, barricades shall be used.

(4) Excavated areas shall be protected with barricades.

(5) At night, warning lights shall be prominently displayed.)) (a) Before work begins in the vicinity of vehicular or pedestrian traffic that may endanger employees, traffic control signs, devices, and barriers must be positioned and used according to the requirements of chapter 296-155 WAC, Part E.

(b) When flaggers are used, employers, responsible contractors and/or project owners must comply with the requirements of WAC 296-155-305.

(2) During hours of darkness, warning lights must be prominently displayed.

(3) Excavated areas must be protected with barricades.

[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-52530, filed 3/6/98, effective 5/6/98.]

Washington State Code Reviser's Office