Subject of Possible Rule Making: WAC 296-155-200 General requirements, 296-155-605 Equipment, 296-155-615 Material handling equipment, 296-155-655 General protection requirements, and any other rule sections that the department and stakeholders believe need to be amended and/or created in order to protect workers on construction sites from vehicular traffic.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, [49.17].040, [49.17].050, and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule amendment project is the result of stakeholders requesting that the department adopt permanent rules to increase worker protection from vehicular traffic on construction sites. Although the requesting stakeholders supported the department's recent effort to adopt permanent rules complying with chapter 239, Laws of 2000 (ESHB 2647) that increase traffic flagger safety, they felt key components of the flagger rules should be extended to construction sites in order to protect job site workers from vehicular traffic in the work zone.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No federal agencies, other than OSHA, are known to regulate this subject. The Washington State Department of Transportation (WSDOT) does have rules regulating work zone traffic. WSDOT is directly participating in this project and the department will communicate its rule-making activity to OSHA.

Process for Developing New Rule: The department must adopt rules identical to or at least as effective as OSHA rules as required by the OSHA/WISHA state plan agreement. The department held an initial stakeholder meeting (December 18, 2000) with a group of volunteers who agreed to help the department identify relevant rule sections and draft proposed rule amendments. This volunteer work group represents industry, labor, other state agencies and local governments. Parties interested in the progress of the work group and the formulation of proposed rule amendments may contact the individuals listed below. The public may also participate by attending future public hearings and by providing written comments or 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 Jim Szpek, Department of Labor and Industries, Policy and Technical Services, P.O. Box 44650, Olympia, WA 98504-4650, phone (360) 902-5582, fax (360) 902-5438; Dan McMurdie, Department of Labor and Industries, Policy and Technical Services, P.O. Box 44650, Olympia, WA 98504-4650, phone (360) 902-5460, fax (360) 902-5438; and George Huffman, Project Manager, Department of Labor and Industries, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5008, fax (360) 902-5529.

February 21, 2001

Gary Moore

Director

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