WSR 01-11-038

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 9, 2001, 11:33 a.m. , effective September 1, 2001 ]

Date of Adoption: May 9, 2001.

Purpose: Chapter 296-800 WAC, Safety and health core rules.

In 1999, the Washington state legislature approved funding for a redesign of WISHA safety and health rules. Innovations will contribute to safer and more healthful workplaces in Washington by simplifying the language of the rules and organizing them for ease of use. The purpose of this project is to develop a user-friendly rulebook of core requirements that apply to most employers in the state of Washington. We organized the safety and health rules that apply to most employers into one rulebook. We did not change or increase requirements with this rulemaking.

INNOVATIONS


Chapter 296-24 WAC, General safety and health standards.



Chapter 296-24 WAC, Part A-1, General, educational, medical and first-aid requirements.

The title of this part has been changed to "Purpose and scope."

Chapter 296-24 WAC, Part G-1, Means of Egress.

The title of this part has been changed to "Automatic sprinkler systems, Fire alarm signaling systems, and Employee emergency plans and fire prevention plans."

Chapter 296-24 WAC, Part A-2, Personal Protective Equipment.

Added a reference indicating that personal protective equipment requirements have been moved to WAC 296-800-160.
Added a reference indicating that electrical personal protective equipment requirements have been moved to WAC 296-24-980.
Reserved this part.

WAC 296-24-005 Purpose and scope.

This section has been rewritten to include a reference to chapter 296-800 WAC, Safety and health core rules.

WAC 296-24-006 Equipment approval by nonstate agency or organization.

This section has been repealed.

WAC 296-24-007 Incorporation of standards of national organization.

This section has been moved to WAC 296-800-360.
This section has been repealed.

WAC 296-24-008 Incorporation of standards of federal agency.

This section has been moved to WAC 296-800-360.
This section has been repealed.

WAC 296-24-010 Variance and procedure.

This section is located in WAC 296-27-350.
This section has been repealed.

WAC 296-24-015 Education and first-aid standards.

This section has been repealed.

WAC 296-24-020 Management's responsibility.

Requirements relating to establishing, supervising, and enforcing a safe and healthful working environment; an accident prevention program; and training programs have been moved to WAC 296-800-110 and 296-800-140.
Requirements relating to the investigation of accidents that have caused serious injuries have been moved to WAC 296-800-320.
Requirements relating to equipment that has been involved in an immediate or probable fatality or the inpatient hospitalization of two or more employees have been moved to WAC 296-800-320.
Requirements relating to machinery, tools, material and equipment meeting compliance requirements have been moved to WAC 296-800-110.
Requirements relating to the posting of a notice or notices (the WISHA poster, Job safety and health protection; form F416-081-000) have been moved to WAC 296-800-200.
Requirements relating to systems of maintaining records of occupational injuries and illnesses have been moved to WAC 296-27-030.
This section has been repealed.

WAC 296-24-025 Employee's responsibility.

Requirements relating to the responsibilities of employees have been moved to WAC 296-800-120.
This section has been repealed.

WAC 296-24-040 Accident prevention programs.

Requirements relating to the formal accident prevention program have been moved to WAC 296-800-140.
This section has been repealed.

WAC 296-24-045 Safety and health committee plan.

Requirements relating to safety and health committee plans have been moved to WAC 296-800-130.
This section has been repealed.

WAC 296-24-055 Safety bulletin board.

Requirements relating to the safety bulletin board have been moved to WAC 296-800-190.
This section has been repealed.

WAC 296-24-061 First-aid requirements.

Requirements relating to first-aid have been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06105 What workplaces does this rule apply to?

Requirements relating to who the first-aid requirements apply to have been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06110 What is the purpose of this rule?

The purpose of the first-aid requirements has been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06115 What definitions apply to this section?

Definitions relating to first aid have been moved to WAC 296-800-370.
This section has been repealed.

WAC 296-24-06120 How must an employer ensure that first-aid assistance is available in the workplace?

Requirements relating to ensuring that first-aid assistance is available have been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06125 How many employees must be trained in first aid?

Requirements relating to how many employees must be trained in first aid have been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06130 What must first-aid training cover?

Requirements relating to what first-aid training must cover have been moved to WAC 296-800-150.
This section has been repealed.


WAC 296-24-06135 How often must employees complete first-aid training?

Requirements relating to how often employees must complete first-aid training have been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06140 How must an employer document first-aid training?

Requirements relating to documentation of first-aid training have been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06145 What is the requirement for first-aid supplies?

Requirements relating to first-aid supplies have been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06150 What is the requirement to provide a first-aid station?

Requirements relating to first-aid stations have been moved to WAC 296-800-150.
This section has been repealed.

WAC 296-24-06155 Appendix 1 -- Evaluation worksheet for the first-aid response plan.

This appendix has been incorporated into WAC 296-800-150.
This section has been repealed.

WAC 296-24-06160 Appendix 2 -- First-aid kit guidance.

This appendix has been incorporated into WAC 296-800-150.
This section has been repealed.

WAC 296-24-073 Safe place standards.

Requirements relating to safe place standards have been moved to WAC 296-800-110.
This section has been repealed.

WAC 296-24-075 Personal protective equipment.

This section has been repealed.

WAC 296-24-07501 General requirements.

General requirements relating to personal protective equipment have been moved to WAC 296-800-160.
This section has been repealed.

WAC 296-24-078 Eye and face protection.

Requirements relating to eye and face protection have been moved to WAC 296-800-160.
This section has been repealed.

WAC 296-24-07801 General.

General requirements relating to eye and face protection have been moved to WAC 296-800-160.
A chart relating to filter lenses for protection against radiant energy has been moved to WAC 296-24-70003.
This section has been repealed.

WAC 296-24-084 Occupational head protection.

Requirements relating to occupational head protection have been moved to WAC 296-800-160.
This section has been repealed.

WAC 296-24-086 Personal flotation devices.

Requirements relating to personal flotation devices have been moved to WAC 296-800-160.
This section has been repealed.

WAC 296-24-088 Occupational foot protection.

Requirements relating to occupational foot protection have been moved to WAC 296-800-160.
This section has been repealed.

WAC 296-24-090 Hand protection.

Requirements relating to hand protection have been moved to WAC 296-800-160.
This section has been repealed.

WAC 296-24-092 Electrical protective equipment.

Requirements relating to electrical protective equipment have been moved to WAC 296-24-980.
This section has been repealed.

WAC 296-24-094 Lighting and illumination.

Requirements relating to lighting and illumination have been moved to WAC 296-800-210.
This section has been repealed.

WAC 296-24-096 Appendix A to Part A-2 -- References for further information (nonmandatory).

This section has been repealed.

WAC 296-24-098 Appendix B to Part A-2 -- Nonmandatory compliance guidelines for hazard assessment and personal protective equipment selection.

This appendix has been incorporated into WAC 296-800-160.
This section has been repealed.

WAC 296-24-10203 General requirements.

Update a reference.

WAC 296-24-12001 Scope.

Update references.

WAC 296-24-12003 General requirements. Housekeeping.

All general requirements relating to housekeeping have been moved to WAC 296-800-220.
This section has been repealed.

WAC 296-24-12005 Water supply.

Requirements relating to potable water have been moved to WAC 296-800-230.
Requirements relating to the construction of nonpotable water systems have been moved to WAC 296-800-230.
Requirements relating to outlets for nonpotable water have been moved to WAC 296-800-230.
This section has been repealed.

WAC 296-24-12007 Toilet facilities.

Requirements relating to general toilet facilities have been moved to WAC 296-800-230.
Requirements relating to the construction of toilet rooms have been moved to WAC 296-800-230.
This section has been repealed.

WAC 296-24-12009 Washing facilities.

General requirements relating to washing facilities have been moved to WAC 296-800-230.
Requirements relating to lavatories have been moved to WAC 296-800-230.
Requirements relating to showers have been moved to WAC 296-24-12010.
This section has been repealed.

WAC 296-24-12010 Showers.

Moved requirements relating to showers to this section for better organization of information.

WAC 296-24-12019 Waste disposal.

Requirements relating to waste disposal have been moved to WAC 296-800-220.
This section has been repealed.

WAC 296-24-12021 Vermin control.

Requirements relating to vermin control have been moved to WAC 296-800-220.
This section has been repealed.

WAC 296-24-14007 Sign design and colors.

Update a reference.

WAC 296-24-21503 Secure storage.

Requirements relating to the secure storage of material have been moved to WAC 296-800-220.
This section has been repealed.

WAC 296-24-21505 Housekeeping.

Requirements relating to housekeeping hazards within a storage area have been moved to WAC 296-800-220.
This section has been repealed.

WAC 296-24-21507 Drainage.

Requirements relating to proper drainage have been moved to WAC 296-800-220.
This section has been repealed.

WAC 296-24-23503 General requirements.

Update a reference.

WAC 296-24-23507 Footwalks and ladders.

Add a reference.

WAC 296-24-23513 Electric equipment.

Add a reference.

WAC 296-24-40513 Extinguishment.

Update a reference.

WAC 296-24-550 Means of egress.

Requirements relating to means of egress have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-55003 General requirements.

General requirements relating to means of egress have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-55005 Fundamental requirements.

Fundamental requirements relating to means of egress have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-55007 Protection of employees exposed by construction and repair operations.

Requirements relating to the protection of employees exposed by construction and repair operations have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-55009 Maintenance.

Requirements relating to the maintenance of automatic sprinkler systems, fire detection and alarm systems, exit lighting and fire doors have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-565 Means of egress, general.

This section has been repealed.

WAC 296-24-56501 Permissible exit components.

Requirements relating to exit components have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56503 Protective enclosure of exits.

Requirements relating to the protective enclosure of exits have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56505 Width and capacity of means of egress.

Requirements relating to the capacity in number of persons per unit of exit width have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56507 Egress capacity and occupant load.

Requirements relating to egress capacity and occupant load have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56509 Arrangement of exits.

Requirements relating to the arrangement of exits have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56511 Access to exits.

Requirements relating to the access to exits have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56513 Exterior ways of exit access.

Requirements relating to the exterior ways of exit access have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56515 Discharge from exits.

Requirements relating to the discharge from exits have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56517 Headroom.

Requirements relating to the headroom for means of egress has been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56519 Changes in elevation.

Requirements relating to the changes in elevation for means of egress have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56521 Maintenance and workmanship.

Requirements relating to the means of egress being continuously maintained free of all obstructions or impediments have been moved to WAC 296-800-310.
Requirements relating to devices or alarms installed to restrict the improper use of an exit to not impede or prevent emergency use have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56523 Furnishings and decorations.

Requirements relating to furnishings and decorations obstructing exits have been moved to WAC 296-800-310.
Requirements relating to furnishings and decorations being of an explosive or highly flammable character have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56529 Fire retardant paints.

Requirements relating to fire retardant paints have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-56531 Exit marking.

Requirements relating to exit marking have been moved to WAC 296-800-310.
This section has been repealed.

WAC 296-24-567 Employee emergency plans and fire prevention.

Updated a reference.

WAC 296-24-58513 Protective clothing.

Update references.

WAC 296-24-58517 Appendix A -- Fire brigades.

Update a reference.

WAC 296-24-59201 Scope and application.

Rewritten for clarity.

WAC 296-24-59205 General requirements.

General requirements relating to portable fire extinguishers have been moved to WAC 296-800-300.
This section has been repealed.

WAC 296-24-59207 Selection and distribution.

Requirements relating to the selection and distribution of portable fire extinguishers have been moved to WAC 296-800-300.
This section has been repealed.

WAC 296-24-59209 Inspection, maintenance and testing.

Requirements relating to the inspection, maintenance and testing of portable fire extinguishers have been moved to WAC 296-800-300.
This section has been repealed.

WAC 296-24-59211 Hydrostatic testing.

The requirements relating to hydrostatic testing of portable fire extinguishers have been moved to WAC 296-800-300.
Remaining requirements relating to hydrostatic testing have been moved to WAC 296-24-59212 for better organization of information.
This section has been repealed.

WAC 296-24-59212 Hydrostatic testing.

Created this section relating to hydrostatic testing for better organization of information.

WAC 296-24-59213 Training and education.

Requirements relating to the training and education of portable fire extinguishers have been moved to WAC 296-800-300.
This section has been repealed.

WAC 296-24-59215 Appendix A -- Portable fire extinguishers.

Update a reference.

WAC 296-24-61705 Total flooding systems with potential health and safety hazards to employees.

Rewritten for clarity.

WAC 296-24-62203 Specific requirements.

Rewritten for clarity.

WAC 296-24-65001 General requirements.

Requirements relating to the safe condition of tools and equipment used by employees have been moved to WAC 296-800-110.
This section has been repealed.

WAC 296-24-65501 Portable powered tools.

Add a reference.

WAC 296-24-67515 Personal protective equipment.

Update a reference.

WAC 296-24-68503 Application of arc welding equipment.

Add a reference.

WAC 296-24-68505 Installation of arc welding equipment.

Add references.

WAC 296-24-69001 General.

Add a reference.

WAC 296-24-70003 Eye protection.

Moved chart relating to filter lenses for protection against radiant energy from WAC 296-24-07801 for better organization of information.

WAC 296-24-70005 Protective clothing.

Add a reference.

WAC 296-24-73503 Housekeeping.

Requirements relating to housekeeping hazards on walking/working surfaces have been moved to WAC 296-800-220.
This section has been repealed.

WAC 296-24-73509 Floor loading protection.

Requirements relating to floor loading protection have been moved to WAC 296-800-270.
This section has been repealed.

WAC 296-24-73513 Buildings -- Floors.

Requirements relating to buildings and floors have been moved to WAC 296-800-270.
This section has been repealed.

WAC 296-24-76505 Where fixed stairs are required.

Requirements relating to where fixed stairs are required have been moved to WAC 296-800-250.
This section has been repealed.

WAC 296-24-76507 Stair strength.

Requirements relating to the design and construction of fixed stairs have been moved to WAC 296-800-250.

WAC 296-24-76509 Stair width.

Requirements relating to stair width have been moved to WAC 296-800-250.

WAC 296-24-76513 Stair treads.

Requirements relating to stair treads have been moved to WAC 296-800-250.

WAC 296-24-76517 Railings and handrails.

Requirements relating to railings and handrails have been moved to WAC 296-800-250.
This section has been repealed.

WAC 296-24-780 Portable wood ladders.

Some definitions relating to portable wood ladders have been moved to WAC 296-800-290 and 296-24-370.

WAC 296-24-95607 Wiring design and protection.

Requirements relating to the polarity of connections have been moved to WAC 296-800-280.
Requirements relating to outlet devices have been moved to WAC 296-800-280.
Requirements relating to grounding have been moved to WAC 296-800-280.
Update references.

WAC 296-24-980 Safeguards for personnel protection.

Move requirements relating electrical protection equipment from WAC 296-24-092 to this section for better organization of information.
Update references.

Chapter 296-27 WAC, Administrative rules.


The following sections from the administrative rules standard have been clear rule written and moved into a new chapter for better organization of information.

WAC 296-27-090 Reporting of fatality or multiple hospitalization incidents.

Requirements relating to the reporting of fatality or multiple hospitalization incidents have been moved to WAC 296-800-320.
Requirements relating to equipment that has been involved in an immediate or probable fatality or the inpatient hospitalization of two or more employees have been moved to WAC 296-800-320.
This section has been repealed.

WAC 296-27-15501 Division of consultation and compliance, public records.

Requirements relating to public records have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-15503 Special exemptions for confidential reports within the department's files.

Requirements relating to exemptions for confidential reports have been moved to WAC 296-800-340.
This section has been repealed.

WAC 296-27-15505 Accident investigation reports.

Requirements relating to accident investigation reports have been moved to WAC 296-800-330.
This section has been repealed.

WAC 296-27-210 Abatement verification.

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21001 What is the purpose of this rule?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21005 When does this rule apply?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21010 What definitions apply to this rule?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21015 What must an employer do when asked to abate a violation?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21020 When must an employer submit additional documentation of abatement?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21025 When must an employer provide abatement plans?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21030 When must an employer submit progress reports?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21035 What must an employer do to keep employees informed about abatement activities?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21040 How will the department determine the date that documents are submitted?

Requirements relating to abatement verification have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21045 What are the requirements related to movable equipment?

Requirements relating to movable equipment have been moved to WAC 296-800-350.
This section has been repealed.

WAC 296-27-21050 Appendix A (nonmandatory).

This section has been repealed.

Chapter 296-32 WAC, Safety standards for telecommunications.


WAC 296-32-200 Scope and application.

Updated references.

WAC 296-32-220 General.

Updated references.

WAC 296-32-230 Training.

Updated references.

WAC 296-32-250 Tools and personal protective equipment -- General.

Updated references.

WAC 296-32-260 Rubber insulating equipment.

Updated references.

Chapter 296-37 WAC, Safety standards for diving operations.


WAC 296-37-510 Scope and application.

Updated references.

WAC 296-37-575 Record-keeping requirements.

Updated references.

Chapter 296-45 WAC, Safety standards for electrical work.


WAC 296-45-015 Scope and application.

Updated references.

WAC 296-45-035 Definitions.

Updated a reference.

WAC 296-45-055 Employer's responsibility.

Updated a reference.

WAC 296-45-075 Employer's safety program.

Updated references.

WAC 296-45-125 Medical services and first aid.

Updated references.

WAC 296-45-25505 Personal protective equipment.

Added a reference.

WAC 296-45-275 Ladders, platforms, and manhole steps.

Updated references.

WAC 296-45-285 Hand, and portable powered tools.

Updated references.

WAC 296-45-45510 Sprayers and related equipment.

Updated references.

WAC 296-45-48535 Chemical cleaning of boilers and pressure vessels.

Updated a reference.

Chapter 296-52 WAC, Safety standards for possession and handling of explosives.


WAC 296-52-465 Storage of ammonium nitrate.

Updated a reference.

WAC 296-52-489 Transportation.

Updated a reference.

WAC 296-52-497 Blasting agents.

Updated references.

WAC 296-52-501 Water gel (slurry) explosives and blasting agents.

Updated a reference.

Chapter 296-54 WAC, Safety standards for logging operations.


WAC 296-54-501 Scope and application.

Updated a reference.

WAC 296-54-507 Employer's responsibilities.

Updated a reference.

WAC 296-54-51120 Eye and face protection.

Updated references.

WAC 296-54-51160 Leg protection.

Updated a reference.

WAC 296-54-59340 Log unloading, booms, and rafting grounds -- Dry land sorting and storage.

Updated a reference.

Chapter 296-56 WAC, Safety standards for longshore, stevedore and related waterfront operations.


WAC 296-56-60001 Scope and applicability.

Updated references.

WAC 296-56-60003 Variance and procedure.

Updated references.

WAC 296-56-60009 Accident prevention program.

Updated a reference.

Chapter 296-59 WAC, Safety standards for ski area facilities and operations.


WAC 296-59-001 Foreword.

Updated a reference.

WAC 296-59-005 Incorporation of other standards.

Updated a reference.

WAC 296-59-010 Safe place standards.

Updated a reference.

WAC 296-59-020 Management's responsibility.

Updated a reference.

WAC 296-59-025 Employee's responsibility.

Updated a reference.

WAC 296-59-030 Safety bulletin board.

Updated a reference.

WAC 296-59-035 First-aid.

Updated a reference.

WAC 296-59-050 Personal protective equipment, general requirements.

Updated a reference.

WAC 296-59-065 Fire protection and ignition sources.

Updated a reference.

WAC 296-59-070 Illumination.

Updated references.

WAC 296-59-085 Scaffolds, construction, use, and maintenance.

Updated references.

Chapter 296-62 WAC, General occupational health standards.


WAC 296-62-010 Purpose and scope.

Modified this section to include a reference to the safety and health core rules.

WAC 296-62-050 Application for waiver or variances.

Updated references.

WAC 296-62-05207 Preservation of records.

Deleted a reference.

WAC 296-62-05211 Trade secrets.

Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information.
This section has been repealed.

Chapter 296-62 WAC, Part B-1, Trade Secrets.

Created this part and moved the trade secret requirements from WAC 296-62-05211 and 296-62-05417 to this part.
Rewrite for clarity.

WAC 296-62-05301 Definitions.

Created this section and moved definitions relating to trade secrets to this section for better organization of information.

WAC 296-62-05305 Meet certain conditions if you withhold trade secret information.

Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information.
Rewrite for clarity.

WAC 296-62-05310 Reveal trade secret information when it is needed in order to treat a medical or first-aid emergency.

Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information.
Rewrite for clarity.

WAC 296-62-05315 Reveal trade secret information in nonemergency situations when requested by a health professional, employee, or designated representative.

Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information.
Rewrite for clarity.

WAC 296-62-05320 Deny a written request for disclosure of a specific chemical identity in the manner specified in this rule.

Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information.
Rewrite for clarity.

WAC 296-62-05325 Understand what is a trade secret.

Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information.
Rewrite for clarity.

WAC 296-62-054 Hazard communication purpose.

Moved requirements relating to the chemical hazard communication program to WAC 296-800-170.
Changed the title of this section to "Manufacturers, importers and distributors -- Hazard communication."
Rewrite for clarity.

WAC 296-62-05402 Determine whether the chemicals you produce in your workplace or import are hazardous.

Moved requirements relating to chemicals produced in the workplace or imported are hazardous, specific to manufacturers, importers and distributors produce, to this section.
Rewrite for clarity.

WAC 296-62-05403 Scope and application.

Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170.
This section has been repealed.

WAC 296-62-05404 Use these criteria in making hazard determinations.

Moved requirements relating to making hazard determinations, specific to manufacturers, importers and distributors, to this section.
Rewrite for clarity.

WAC 296-62-05405 Definitions applicable to this part.

Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170.
This section has been repealed.

WAC 296-62-05406 Determine whether the chemicals you produce or import are health hazards.

Moved requirements relating to determining whether the chemicals produced or imported are health hazards, specific to manufacturers, importers and distributors, to this section.
Rewrite for clarity.

WAC 296-62-05407 Hazard determination.

Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170.
This section has been repealed.

WAC 296-62-05408 Obtain or develop a material safety data sheet for each hazardous chemical you produce or import.

Moved requirements relating to material safety data sheets, specific to manufacturers, importers and distributors, to this section.
Rewrite for clarity.

WAC 296-62-05409 Written hazard communication program.

Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170.
This section has been repealed.

WAC 296-62-05410 Label clearly each container of hazardous chemicals that leaves your workplace.

Moved requirements relating to labeling, specific to manufacturers, importers and distributors, to this section.
Rewrite for clarity.

WAC 296-62-05411 Labels and other forms of warning.

Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170.
This section has been repealed.

WAC 296-62-05412 Provide material safety data sheets.

Moved requirements relating to material safety data sheets, specific to manufacturers, importers and distributors, to this section.
Rewrite for clarity.

WAC 296-62-05413 Material safety data sheets.

Moved requirements relating to material safety data sheets (MSDSs) to WAC 296-800-170 and 296-800-180.
This section has been repealed.

WAC 296-62-05415 Employee training and information.

Moved requirements relating to material safety data sheets (MSDSs) to WAC 296-800-170 and 296-800-180.
This section has been repealed.

WAC 296-62-05417 Trade secrets.

Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information.
This section has been repealed.

WAC 296-62-05419 Effective dates.

This section has been repealed.

WAC 296-62-05421 Appendix A -- Health hazard definitions (mandatory).

Incorporated this appendix in WAC 296-800-170 and 296-62-054 - 296-62-05412.
This section has been repealed.

WAC 296-62-05423 Appendix B -- Hazard determination (mandatory).

Incorporated this appendix in WAC 296-800-170 and 296-62-054 - 296-62-05412.
This section has been repealed.

WAC 296-62-05425 Appendix C -- Information sources (advisory).

This section has been repealed.

WAC 296-62-05427 Appendix D -- Definition of "trade secret" (mandatory).

Moved this section to WAC 296-62-05325.
This section has been repealed.

WAC 296-62-05429 Appendix E -- Guidelines for employer compliance (advisory).

This section has been repealed.

WAC 296-62-07101 To whom does chapter 296-62 WAC, Part E apply?

Updated references.

WAC 296-62-07306 Requirements for areas containing carcinogens listed in WAC 296-62-07302.

Updated references.

WAC 296-62-07308 General regulated area requirements.

Updated references.

WAC 296-62-07336 Acrylonitrile.

Updated references.

WAC 296-62-07338 Appendix B -- Substance technical guidelines for acrylonitrile.

Updated references.

WAC 296-62-07342 1,2-Dibromo-3-chloropropane.

Updated references.

WAC 296-62-07347 Inorganic arsenic.

Updated references.

WAC 296-62-07367 Respiratory protection and personal protective equipment.

Updated references.

WAC 296-62-07373 Communication of EtO hazards to employees.

Updated references.

WAC 296-62-07385 Appendix B -- Substance technical guidelines for ethylene oxide (nonmandatory).

Updated references.

WAC 296-62-07417 Protective work clothing and equipment.

Updated references.

WAC 296-62-07419 Hygiene areas and practices.

Updated references.

WAC 296-62-07425 Communication of cadmium hazards to employees.

Updated references.

WAC 296-62-07460 Butadiene.

Updated references.

WAC 296-62-07470 Methylene chloride.

Updated references.

WAC 296-62-07473 Appendix A -- Substance safety data sheet and technical guidelines for methylene chloride.

Updated references.

WAC 296-62-07519 Thiram.

Updated references.

WAC 296-62-07521 Lead.

Updated references.

WAC 296-62-07523 Benzene.

Updated references.

WAC 296-62-07540 Formaldehyde.

Updated references.

WAC 296-62-07601 Scope and application.

Updated references.

WAC 296-62-07617 Protective work clothing and equipment.

Updated references.

WAC 296-62-07621 Communications of hazards to employees.

Updated references.

WAC 296-62-07631 Recordkeeping.

Updated references.

WAC 296-62-07717 Protective work clothing and equipment.

Updated references.

WAC 296-62-07721 Communication of hazards to employees.

Updated references.

WAC 296-62-09003 Lighting and illumination.

Requirements relating to lighting and illumination have been moved to WAC 296-800-210.
This section has been repealed.

WAC 296-62-11021 Open surface tanks.

Updated references.

WAC 296-62-12000 Environmental tobacco smoke in office work environments -- Scope and application.

The scope and application relating to environmental tobacco smoke has been moved to WAC 296-800-240.
This section has been repealed.

WAC 296-62-12003 Definitions.

Definitions relating to environmental tobacco smoke have been moved to WAC 296-800-240.
This section has been repealed.

WAC 296-62-12005 Controls for environmental tobacco smoke.

Requirements relating to controls for environmental tobacco smoke have been moved to WAC 296-800-240.
This section has been repealed.

WAC 296-62-12009 Appendix -- Smoking cessation program information -- Nonmandatory.

This appendix has been moved to WAC 296-800-240.
This section has been repealed.

WAC 296-62-20013 Protective clothing and equipment.

Updated references.

WAC 296-62-20015 Hygiene facilities and practices.

Updated references.

WAC 296-62-30001 Scope and application.

Updated references.

WAC 296-62-30230 Risk identification.

Updated references.

WAC 296-62-30235 Employee notification.

Updated references.

WAC 296-62-30425 Training course content for 40 and 80 hour hazardous waste clean-up courses.

Updated references.

WAC 296-62-30435 16-hour supplemental training for hazardous waste sites.

Updated references.

WAC 296-62-30605 Personal protective equipment selection.

Updated references.

WAC 296-62-3090 Handling drums and containers.

Updated references.

WAC 296-62-31410 Hazard communication program requirements under RCRA.

Updated references.

WAC 296-62-3195 Appendix E -- Training curriculum guidelines.

Updated references.

WAC 296-62-40003 Definitions applicable to all sections of this chapter.

Updated references.

WAC 296-62-40015 Hazard identification.

Updated references.

WAC 296-62-41031 Personal protective equipment selection.

Updated references.

WAC 296-62-41086 Appendix E -- Training curriculum guidelines.

Updated references.

Chapter 296-63 WAC, Right to know fee assessment.


WAC 296-63-009 Exemption requests.

Updated references.

Chapter 296-67 WAC, Safety standards for management of highly hazardous chemicals.


WAC 296-67-005 Definitions.

Updated references.

WAC 296-67-053 Emergency planning and response.

Updated references.

WAC 296-67-061 Trade secrets.

Updated references.

WAC 296-67-291 Appendix C -- Compliance guidelines and recommendations for process safety management (nonmandatory).

Updated references.

Chapter 296-78 WAC, Safety standards for sawmills and woodworking operations.


WAC 296-78-500 Foreword.

Updated a reference.

WAC 296-78-515 Management's responsibility.

Updated a reference.

WAC 296-78-540 First-aid training and certification.

Updated references.

WAC 296-78-545 First-aid supplies.

Updated a reference.

WAC 296-78-56501 Log dumps and ponds.

Updated a reference.

WAC 296-78-670 Glue machines.

Updated a reference.

WAC 296-78-71001 General.

Updated references.

WAC 296-78-71003 Floor and wall openings.

Updated a reference.

WAC 296-78-71009 Stairways and ladders.

Updated references.

WAC 296-78-71011 Egress and exit.

Updated references.

WAC 296-78-71015 Tanks and chemicals.

Updated a reference.

WAC 296-78-71017 Dry kilns.

Updated references.

WAC 296-78-71019 Exhaust systems.

Updated references.

WAC 296-78-71023 Lighting.

Updated a reference.

WAC 296-78-730 Electrical service and equipment.

Updated a reference.

WAC 296-78-735 Elevators, moving walks.

Updated a reference.

WAC 296-78-795 Crane cages.

Updated a reference.

WAC 296-78-84005 Dry kilns.

Updated a reference.

Chapter 296-79 WAC, Safety standards for pulp, paper and paperboard mills and converters.


WAC 296-79-010 Scope and application.

Updated a reference.

WAC 296-79-020 General requirements.

Updated a reference.

WAC 296-79-040 Fire protection, ignition sources and means of egress.

Updated a reference.

WAC 296-79-050 Personal protection clothing and equipment.

Updated a reference.

WAC 296-79-090 Electrical equipment and distribution.

Updated a reference.

WAC 296-79-100 Floors, platforms, stairways, ladders, loading docks.

Updated a reference.

WAC 296-79-120 Scaffolds, construction and maintenance.

Updated a reference.

WAC 296-79-300 Machine room equipment and procedures.

Updated a reference.

Chapter 296-99 WAC, Safety standards for grain handling facilities.


WAC 296-99-010 What safety hazards does this chapter require the employer to control?

Updated a reference.

WAC 296-99-040 What practices must an employer follow for entry into grain storage structures?

Updated a reference.

Chapter 296-155 WAC, Safety requirements for construction work.


WAC 296-155-005 Purpose and scope.

Updated references.

WAC 296-155-110 Accident prevention program.

Updated references.

WAC 296-155-120 First-aid training and certification.

Updated references.

WAC 296-155-125 First-aid supplies.

Updated references.

WAC 296-155-130 First-aid station.

Updated references.

WAC 296-155-140 Sanitation.

Updated references.

WAC 296-155-17321 Hygiene facilities and practices.

Updated references.

WAC 296-155-17323 Communication of hazards to employees.

Updated references.

WAC 296-155-174 Cadmium.

Updated references.

WAC 296-155-17609 Exposure assessment.

Updated references.

WAC 296-155-17615 Protective work clothing and equipment.

Updated references.

WAC 296-155-17625 Employee information and training.

Updated references.

WAC 296-155-180 Hazard communication.

Updated references.

WAC 296-155-200 General requirements.

Updated references.

WAC 296-155-20301 Definitions.

Updated references.

WAC 296-155-260 Fire protection.

Updated references.

WAC 296-155-407 Protective clothing

Updated a reference.

Chapter 296-301 WAC, Safety standards for the textile industry.


WAC 296-301-010 Textiles -- Application requirements.

Updated references.

WAC 296-301-020 General safety requirements.

Updated references.

WAC 296-301-215 First aid.

Updated references.

WAC 296-301-220 Personal protective equipment.

Updated references.

Chapter 296-302 WAC, Safety standards for bakery equipment.


WAC 296-302-010 Bakery equipment -- General requirements.

Updated references.

WAC 296-302-02501 General requirements for flour-handling.

Updated references.

WAC 296-302-050 Miscellaneous equipment.

Updated a reference.

WAC 296-302-060 Biscuit and cracker equipment.

Updated a reference.

WAC 296-302-06513 Oil-burning equipment.

Updated a reference.

Chapter 296-303 WAC, Safety standards for laundry machine and operations.


WAC 296-303-01001 General industry safety standards.

Updated references.

Chapter 296-304 WAC, Safety standards for ship repairing, ship building and ship breaking.


WAC 296-304-010 Scope and application.

Updated references.

WAC 296-304-06013 Health and sanitation.

Updated a reference.

Chapter 296-305 WAC, Safety standards for fire fighters.


WAC 296-305-01003 Scope and application.

Updated a reference.

WAC 296-305-01005 Definitions.

Updated references.

WAC 296-305-01009 Appeals.

Updated references.

WAC 296-305-01509 Management's responsibility.

Updated a reference.

WAC 296-305-01515 First-aid training and certification.

Updated a reference.

WAC 296-305-01517 First-aid kits.

Updated references.

WAC 296-305-04511 Elevated platforms.

Updated a reference.

WAC 296-305-05503 Summary of training requirements.

Updated a reference.

WAC 296-305-06005 Ground ladders.

Updated a reference.

WAC 296-305-06007 Electrical.

Updated a reference.

WAC 296-305-06503 General requirements.

Updated a reference.

WAC 296-305-06511 Indoor air quality.

Updated a reference.

WAC 296-305-06515 Hose drying towers.

Updated a reference.

Chapter 296-350 WAC, WISHA administrative rules.


WAC 296-350-100 Inspections and citations.

Moved requirements relating to inspections and citations to WAC 296-800-350.
This section has been repealed.

WAC 296-350-10010 Selecting workplaces to inspect.

Moved requirements relating to selecting workplaces to inspect to WAC 296-800-350.
This section has been repealed.

WAC 296-350-10020 Inspections -- Site visit.

Moved requirements relating to inspections - site visits to WAC 296-800-350.
This section has been repealed.

WAC 296-350-10030 Complaints by employees or employee representatives.

Moved requirements relating to complaints by employees or employee representatives to WAC 296-800-350.
This section has been repealed.

WAC 296-350-10040 Results of a WISHA inspection -- Notice of violations.

Moved requirements relating to results of a WISHA inspection to WAC 296-800-350.
This section has been repealed.

WAC 296-350-10050 Posting a citation and notice.

Moved requirements relating to posting a citation and notice to WAC 296-800-350.
This section has been repealed.

WAC 296-350-150 Civil penalties.

Moved requirements relating to civil penalties to WAC 296-800-350.
This section has been repealed.

WAC 296-350-15010 Assessing civil penalties -- Purpose.

Moved requirements relating to assessing civil penalties to WAC 296-800-350.
This section has been repealed.

WAC 296-350-15015 Minimum penalty amounts.

Moved requirements relating to minimum penalty amounts to WAC 296-800-350.
This section has been repealed.

WAC 296-350-15020 Severity and probability determine base penalties.

Moved requirements relating to severity and probability determine base penalties to WAC 296-800-350.
This section has been repealed.

WAC 296-350-15025 Severity.

Moved requirements relating to severity to WAC 296-800-350.
This section has been repealed.

WAC 296-350-15030 Probability.

Moved requirements relating to probability to WAC 296-800-350.
This section has been repealed.

WAC 296-350-15035 Gravity and base penalties.

Moved requirements relating to gravity and base penalties to WAC 296-800-350.
This section has been repealed.

WAC 296-350-15040 Adjustments to base penalties.

Moved requirements relating to adjustments to base penalties to WAC 296-800-350.
This section has been repealed.

WAC 296-350-15045 Increasing penalty amounts.

Moved requirements relating to increasing penalty amounts to WAC 296-800-350.
This section has been repealed.

WAC 296-350-350 Extension of abatement date(s) -- Application -- Authority.

Moved requirements relating to extension of abatement date(s) to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35010 Application for extension of abatement date(s).

Moved requirements relating to application for extension of abatement date(s) to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35015 Extension of abatement date(s) -- Application -- Timeliness.

Moved requirements relating to extension of abatement date(s), application and timeliness to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35020 Extension of abatement date(s) -- Application -- Service.

Moved requirements relating to extension of abatement date(s), application and service to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35025 Extension of abatement date(s) -- Application -- Contents.

Moved requirements relating to extension of abatement date(s), application and contents to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35030 Extension of abatement date(s) -- Provisional determination.

Moved requirements relating to extension of abatement date(s), provisional determination to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35035 Extension of abatement date(s) -- Notice of application -- Notice of opportunity for hearing -- Notice of provisional determination.

Moved requirements relating to extension of abatement date(s), notice of application, notice of opportunity for hearing, notice of provisional determination to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35040 Extension of abatement date(s) -- Posting.

Moved requirements relating to extension of abatement date(s) and posting to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35045 Extension of abatement date(s) -- Application for hearing.

Moved requirements relating to extension of abatement date(s) and application for hearing to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35050 Extension of abatement date(s) -- Notice of hearing.

Moved requirements relating to extension of abatement date(s) and notice of hearing to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35055 Extension of abatement date(s) -- Hearings.

Moved requirements relating to extension of abatement date(s) and hearings to WAC 296-800-350.
This section has been repealed.

WAC 296-350-35060 Extension of abatement date(s) -- Decision and order.

Moved requirements relating to extension of abatement date(s) and decision and order to WAC 296-800-350.
This section has been repealed.

WAC 296-350-500 Citation and notice -- Copy to employee representative.

Moved requirements relating to citation and notices and copies to employee representatives to WAC 296-800-350.
This section has been repealed.

WAC 296-350-600 WISHA appeals.

Moved requirements relating to WISHA appeals to WAC 296-800-350.
This section has been repealed.

WAC 296-350-60010 Filing an appeal -- Who, when and where.

Moved requirements relating to filing an appeal to WAC 296-800-350.
This section has been repealed.

WAC 296-350-60015 What must be in a WISHA appeal.

Moved requirements relating to content of an appeal to WAC 296-800-350.
This section has been repealed.

WAC 296-350-60020 Why we reassume jurisdiction.

Moved requirements relating to reassuming jurisdiction to WAC 296-800-350.
This section has been repealed.

WAC 296-350-60030 Reviewing appeals and extending review time.

Moved requirements relating to reviewing appeals and extending review time to WAC 296-800-350.
This section has been repealed.

WAC 296-350-60035 Informal WISHA conferences.

Moved requirements relating to informal conferences to WAC 296-800-350.
This section has been repealed.

WAC 296-350-60040 Issuing and appealing corrective notices.

Moved requirements relating to issuing and appealing corrective notices to WAC 296-800-350.
This section has been repealed.

WAC 296-350-60045 Notifying employees.

Moved requirements relating to notifying employees to WAC 296-800-350.
This section has been repealed.

Chapter 296-800 WAC, Safety and health core rules.


WAC 296-800-100 Introduction.

Added language regarding what the safety and health core rules represents and whom it affects.

WAC 296-800-110 Employer responsibilities: Safe workplace.

Moved requirements relating to employer responsibilities and safe workplaces to WAC 296-800-110 through 296-800-11035.
&sqbul; WAC 296-800-1105, provide a workplace free from recognized hazards.
&sqbul; WAC 296-800-11010, provide and use means to make your workplace safe.
&sqbul; WAC 296-800-11015, prohibit employees from entering, or being in, any workplace that is not safe.
&sqbul; WAC 296-800-11020, construct your workplace so it is safe.
&sqbul; WAC 296-800-11025, prohibit alcohol and narcotics from your workplace.
&sqbul; WAC 296-800-11030, prohibit employees from using equipment or materials that do not meet the applicable WISHA requirements.
&sqbul; WAC 296-800-11035, establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.

WAC 296-800-120 Employee responsibilities.

Moved requirements relating to employee responsibilities to this section.
&sqbul; WAC 296-800-12005 Employee responsibilities.

WAC 296-800-130 Safety committees and safety meetings.

Moved requirements relating to safety committees and safety meetings to WAC 296-800-130 through 296-800-13015.
Added a table for clarity.
&sqbul; WAC 296-800-13005, establish a safety committee or have safety meetings.
&sqbul; WAC 296-800-13010, make sure each meeting includes a discussion of safety topics.
&sqbul; WAC 296-800-13015, make sure that safety committee meeting minutes are recorded and preserved.

WAC 296-800-140 Accident prevention program.

Moved requirements relating to accident prevention programs to WAC 296-800-140 through 296-800-14025.
&sqbul; WAC 296-800-14005, develop a formal, written accident prevention program.
&sqbul; WAC 296-800-14020, develop, supervise, implement, and enforce safety and health training programs that are effective in practice.
&sqbul; WAC 296-800-14025, make sure your accident prevention program is effective in practice.

WAC 296-800-150 First-aid.

Moved requirements relating to first-aid to WAC 296-800-150 through 296-800-15025.
&sqbul; WAC 296-800-15005, make sure that first-aid trained personnel are available to provide quick and effective first aid.
&sqbul; WAC 296-800-15010, make sure first-aid training contains required subjects.
&sqbul; WAC 296-800-15015, document your first-aid training.
&sqbul; WAC 296-800-15020, make sure appropriate first-aid supplies are readily available.
&sqbul; WAC 296-800-15025, provide a first-aid station when required.

WAC 296-800-160 Personal protective equipment (PPE).

Moved requirements relating to personal protective equipment to WAC 296-800-160 through 296-800-16070.
&sqbul; WAC 296-800-16005, do a hazard assessment for PPE.
&sqbul; WAC 296-800-16010, document your hazard assessment for PPE.
&sqbul; WAC 296-800-16015, select appropriate PPE for your employees.
&sqbul; WAC 296-800-16020, provide PPE to your employees.
&sqbul; WAC 296-800-16025, train your employees to use PPE.
&sqbul; WAC 296-800-16030, retrain employees to use PPE, if necessary.
&sqbul; WAC 296-800-16035, document PPE training.
&sqbul; WAC 296-800-16040, require your employees to use necessary PPE on the job.
&sqbul; WAC 296-800-16045, keep PPE in safe and good condition.
&sqbul; WAC 296-800-16050, make sure your employees use appropriate face and eye protection.
&sqbul; WAC 296-800-16055, make sure your employees use appropriate head protection.
&sqbul; WAC 296-800-16060, make sure your employees use appropriate foot protection.
&sqbul; WAC 296-800-16065, make sure your employees use appropriate hand protection.
&sqbul; WAC 296-800-16070, make sure your employees are protected from drowning.

WAC 296-800-170 Employer chemical hazard communication.

Moved requirements relating to chemical hazard communication to WAC 296-800-170 through 296-800-17055.
&sqbul; WAC 296-800-17005, develop, implement, maintain, and make available a written chemical hazard communication program.
&sqbul; WAC 296-800-17010, identify and list all the hazardous chemicals present in your workplace.
&sqbul; WAC 296-800-17015, obtain and maintain material safety data sheets (MSDSs) for each hazardous chemical used.
&sqbul; WAC 296-800-17020, make sure material safety data sheets are readily accessible to your employees.
&sqbul; WAC 296-800-17025, label containers holding hazardous chemicals.
&sqbul; WAC 296-800-17030, inform and train your employees about hazardous chemicals in your workplace.
&sqbul; WAC 296-800-17035, follow these rules for laboratories using hazardous chemicals.
&sqbul; WAC 296-800-17040, follow these rules for handling chemicals in factory-sealed containers.
&sqbul; WAC 296-800-17045, translate certain chemical hazard communication documents upon request.
&sqbul; WAC 296-800-17050, attempt to obtain a material safety data sheet (MSDS) upon request.
&sqbul; WAC 296-800-17055, items or chemicals exempt from this rule, and exemptions from labeling.

WAC 296-800-180 Material safety data sheets (MSDSs) as exposure records.

Moved requirements relating to material safety data sheets to WAC 296-800-180 through 296-800-18020.
&sqbul; WAC 296-800-18005, preserve exposure records for at least thirty years.
&sqbul; WAC 296-800-18010, inform current employees of exposure records.
&sqbul; WAC 296-800-18015, provide access to exposure records.
&sqbul; WAC 296-800-18020, transfer records when ceasing to do business.

WAC 296-800-190 Safety bulletin board.

Moved requirements relating to safety bulletin boards to WAC 296-800-190 through 296-800-19005.
&sqbul; WAC 296-800-19005, provide a safety bulletin board in your workplace.

WAC 296-800-200 WISHA poster.

Moved requirements relating to the WISHA poster to WAC 296-800-200 through 296-800-20005.
&sqbul; WAC 296-800-20005, post and keep a WISHA poster in your workplace.

WAC 296-800-210 Lighting.

Moved requirements relating to lighting to WAC 296-800-210 through 296-800-21005.
&sqbul; WAC 296-800-21005, provide and maintain adequate lighting.

WAC 296-800-220 Housekeeping, drainage, and storage.

Moved requirements relating to housekeeping, drainage, and storage to WAC 296-800-220 through 296-800-22040.
&sqbul; WAC 296-800-22005, keep your workplace clean.
&sqbul; WAC 296-800-22010, sweep and clean your workplace to minimize dust.
&sqbul; WAC 296-800-22015, keep your workplace free of obstacles that interfere with cleaning.
&sqbul; WAC 296-800-22020, control pests in your workplace.
&sqbul; WAC 296-800-22022, make sure floors are maintained in a safe condition.
&sqbul; WAC 296-800-22025, keep your workroom floors dry, when practical.
&sqbul; WAC 296-800-22030, provide proper drainage.
&sqbul; WAC 296-800-22035, store things safely.
&sqbul; WAC 296-800-22040, control vegetation in your storage areas.

WAC 296-800-230 Drinking water, bathrooms, washing facilities, and waste disposal.

Moved requirements relating to drinking water, washing facilities, and waste disposal to WAC 296-800-230 through 296-800-23035.
&sqbul; WAC 296-800-23005, provide safe drinking (potable) water in your workplace.
&sqbul; WAC 296-800-23010, clearly mark the water outlets that are not fit for drinking (nonpotable).
&sqbul; WAC 296-800-23015, make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems.
&sqbul; WAC 296-800-23020, provide bathrooms for your employees.
&sqbul; WAC 296-800-23025, provide convenient, clean washing facilities.
&sqbul; WAC 296-800-23030, keep containers used for garbage or waste in a sanitary condition.
&sqbul; WAC 296-800-23035, remove garbage and waste in a way that does not create a health hazard.

WAC 296-800-240 Environmental tobacco smoke in the office.

Moved requirements relating to environmental tobacco smoke to WAC 296-800-240 through 296-800-24010.
&sqbul; WAC 296-800-24005, control tobacco smoke in your building.
&sqbul; WAC 296-800-24010, control tobacco smoke that comes in from the outside.

WAC 296-800-250 Stairs and stair railings.

Moved requirements relating to stairs and stair railings to WAC 296-800-250 through 296-800-25015.
&sqbul; WAC 296-800-25005, provide fixed stairs where required.
&sqbul; WAC 296-800-25010, provide stairs that minimize hazards.
&sqbul; WAC 296-800-25015, provide handrails and stair railings.

WAC 296-800-260 Floor openings, floor holes and open-sided floors.

Moved requirements relating to floor openings, floor holes and open-side floors to WAC 296-800-260 through 296-800-26010.
&sqbul; WAC 296-800-26005, guard or cover floor openings and floor holes.
&sqbul; WAC 296-800-26010, protect open-sided floors and platforms.

WAC 296-800-270 Workplace structural integrity.

Moved requirements relating to workplace structural integrity to WAC 296-800-270 through 296-800-27020.
&sqbul; WAC 296-800-27005, do not overload floors or roofs.
&sqbul; WAC 296-800-27010, make sure that floors are safe.
&sqbul; WAC 296-800-27015, make sure floors can support equipment that moves or has motion.
&sqbul; WAC 296-800-27020, post approved load limits (weight limits) for floors.

WAC 296-800-280 Electrical.

Moved requirements relating to electrical to WAC 296-800-280 through 296-800-28045.
&sqbul; WAC 296-800-28005, inspect all electrical equipment your employees use to make sure the equipment is safe.
&sqbul; WAC 296-800-28010, make sure all electrical equipment is used for its approved or listed purpose.
&sqbul; WAC 296-800-28015, make sure electrical equipment used or located in wet or damp locations is designed for such use.
&sqbul; WAC 296-800-28020, make sure electrical equipment that is not marked is not used.
&sqbul; WAC 296-800-28022, identify disconnecting means.
&sqbul; WAC 296-800-28025, maintain electrical fittings, boxes, cabinets and outlets in good condition.
&sqbul; WAC 296-800-28030, maintain all flexible cords and cables in good condition and use safely.
&sqbul; WAC 296-800-28035, guard electrical equipment to prevent your employees from electrical hazards.
&sqbul; WAC 296-800-28040, make sure electrical equipment is effectively grounded.
&sqbul; WAC 296-800-28045, make sure electrical equipment has overcurrent protection.

WAC 296-800-290 Portable ladders: Metal and wooden.

Moved requirements relating to metal and wooden portable ladders to WAC 296-800-290 through 296-800-29045.
&sqbul; WAC 296-800-29005, inspect your portable metal ladders periodically.
&sqbul; WAC 296-800-29010, make sure your portable metal ladders are kept in good condition.
&sqbul; WAC 296-800-29015, use your portable metal ladders safely.
&sqbul; WAC 296-800-29020, inspect your portable wooden ladders frequently.
&sqbul; WAC 296-800-29025, make sure your portable wooden ladders are kept in good condition.
&sqbul; WAC 296-800-29030, use your portable wooden ladders safely and for their intended purpose.
&sqbul; WAC 296-800-29035, safely use a portable wooden ladder when working more than twenty-five feet above the ground.
&sqbul; WAC 296-800-29040, use stepladders safely.

WAC 296-800-300 Portable fire extinguishers.

Moved requirements relating to portable fire extinguishers to WAC 296-800-300 through 296-800-30025.
&sqbul; WAC 296-800-30005, provide portable fire extinguishers in your workplace.
&sqbul; WAC 296-800-30010, select and distribute portable fire extinguishers in your workplace.
&sqbul; WAC 296-800-30015, make sure that portable fire extinguishers are kept fully charged, in good operating condition, and left in their designated places.
&sqbul; WAC 296-800-30020, inspect and test all portable fire extinguishers.
&sqbul; WAC 296-800-30025, train your employees to use portable fire extinguishers.

WAC 296-800-310 Exit routes and employee alarm systems.

Moved requirements relating to exit routes and employee alarm systems to WAC 296-800-310 through 296-800-31080.
&sqbul; WAC 296-800-31005, provide an adequate number of exit routes.
&sqbul; WAC 296-800-31010, make sure that exit routes are large enough.
&sqbul; WAC 296-800-31015, make sure that exit routes meet their specific design and construction requirements.
&sqbul; WAC 296-800-31020, make sure that each exit route leads outside.
&sqbul; WAC 296-800-31025, provide unobstructed access to exit routes.
&sqbul; WAC 296-800-31030, exit doors must be readily opened from the inside.
&sqbul; WAC 296-800-31035, use side-hinged doors to connect rooms to exit routes.
&sqbul; WAC 296-800-31040, provide outdoor exit routes that meet requirements.
&sqbul; WAC 296-800-31045, minimize danger to employees while they are using emergency exit routes.
&sqbul; WAC 296-800-31050, mark exits adequately.
&sqbul; WAC 296-800-31053, provide adequate lighting for exit routes and signs.
&sqbul; WAC 296-800-31055, maintain the fire retardant properties of paints or other coatings.
&sqbul; WAC 296-800-31060, maintain emergency safeguards.
&sqbul; WAC 296-800-31065, maintain exit routes during construction and repair.
&sqbul; WAC 296-800-31067, provide doors in freezer or refrigerated rooms that open from the inside.
&sqbul; WAC 296-800-31070, install and maintain an appropriate employee alarm system.
&sqbul; WAC 296-800-31075, establish procedures for sounding emergency alarms.
&sqbul; WAC 296-800-31080, test the employee alarm system.

WAC 296-800-320 Accident reporting and investigating.

Moved requirements relating to accident reporting and investigating to WAC 296-800-320 through 296-800-32025.
&sqbul; WAC 296-800-32005, report the death, probable death of any employee, or inpatient hospitalization of two or more employees within eight hours.
&sqbul; WAC 296-800-32010, make sure that any equipment involved in an accident is not moved.
&sqbul; WAC 296-800-32015, assign people to assist the department of labor and industries.
&sqbul; WAC 296-800-32020, conduct a preliminary investigation for all serious injuries.
&sqbul; WAC 296-800-32025, document investigation findings.

WAC 296-800-330 Releasing accident investigation reports.

Moved requirements relating to releasing accident investigation reports to this section.

WAC 296-800-340 Protecting the identity of the source of confidential information.

Moved requirements relating to protecting the identity of the source of confidential information to this section.

WAC 296-800-350 WISHA appeals, penalties, and other procedural rules.

Moved requirements relating to WISHA appeals, penalties, and other procedural rules to WAC 296-800-350 through 296-800-35084.
&sqbul; WAC 296-800-35002, types of workplace inspections.
&sqbul; WAC 296-800-35004, scheduling inspections.
&sqbul; WAC 296-800-35006, inspection techniques.
&sqbul; WAC 296-800-35008, response to complaints submitted by employees or their representatives.
&sqbul; WAC 296-800-35010, citations mailed after an inspection.
&sqbul; WAC 296-800-35012, employees (or their representatives) can request a citation and notice.
&sqbul; WAC 296-800-35016, posting a citation and notice and employee complaint information.
&sqbul; WAC 296-800-35018, reasons to assess civil penalties.
&sqbul; WAC 296-800-35020, minimum penalties.
&sqbul; WAC 296-800-35022, base penalty calculations - severity and probability.
&sqbul; WAC 296-800-35024, severity rate determination.
&sqbul; WAC 296-800-35026, probability rate determination.
&sqbul; WAC 296-800-35028, determining the gravity of a violation.
&sqbul; WAC 296-800-35030, base penalty adjustments.
&sqbul; WAC 296-800-35032, types of base penalty adjustments.
&sqbul; WAC 296-800-35038, maximum base penalty amount.
&sqbul; WAC 296-800-35040, reasons for increasing civil penalty amounts.
&sqbul; WAC 296-800-35042, employers must certify that violations have been abated.
&sqbul; WAC 296-800-35044, for willful, repeated, or serious violations, submit additional documentation.
&sqbul; WAC 296-800-35046, submitting correction action plans.
&sqbul; WAC 296-800-35048, submit progress reports to the department, when required.
&sqbul; WAC 296-800-35049, WISHA determines the date by which abatement documents must be submitted.
&sqbul; WAC 296-800-35050, inform affected employees and their representatives of abatement actions you have taken.
&sqbul; WAC 296-800-35052, tag cited moveable equipment to warn employees of a hazard.
&sqbul; WAC 296-800-35056, you can request more time to comply.
&sqbul; WAC 296-800-35062, WISHA's response to your request for more time.
&sqbul; WAC 296-800-35063, post the department's response.
&sqbul; WAC 296-800-35064, a hearing can be requested about the department's response.
&sqbul; WAC 296-800-35065, post the department's hearing notice.
&sqbul; WAC 296-800-35066, hearing procedures.
&sqbul; WAC 296-800-35072, post the hearing decision.
&sqbul; WAC 296-800-35076, employers and employees can request an appeal of a citation and notice.
&sqbul; WAC 296-800-35078, await the department's response to your appeal request.
&sqbul; WAC 296-800-35080, department actions when reassuming jurisdiction over an appeal.
&sqbul; WAC 296-800-35082, appealing a corrective notice.
&sqbul; WAC 296-800-35084, notify employees.

WAC 296-800-360 Using standards from national organizations and federal agencies.

Moved requirements relating to using standards from national organizations and federal agencies to WAC 296-800-360 through 296-800-36005.
&sqbul; WAC 296-800-36005, comply with standards of national organizations or of federal agencies when referenced in WISHA rules.

WAC 296-800-370 Definitions.

Moved definitions to this section.

Citation of Existing Rules Affected by this Order: AMENDED PARTS: Chapter 296-24 WAC, Part A-1, General, educational, medical and first-aid requirements, chapter 296-24 WAC, Part A-2, Personal protective equipment, chapter 296-24 WAC, Part G-1, Means of egress.

AMENDED SECTIONS: WAC 296-24-005 Purpose and scope, 296-24-10203 General requirements, 296-24-12001 Scope, 296-24-14007 Sign design and colors, 296-24-23503 General requirements, 296-24-23507 Footwalks and ladders, 296-24-23513 Electric equipment, 296-24-40513 Extinguishment, 296-24-567 Employee emergency plans and fire prevention, 296-24-58513 Protective clothing, 296-24-58517 Appendix A -- Fire brigades, 296-24-59201 Scope and application, 296-24-59215 Appendix A -- Portable fire extinguishers, 296-24-61705 Total flooding systems with potential health and safety hazards to employees, 296-24-62203 Specific requirements, 296-24-65501 Portable powered tools, 296-24-67515 Personal protective equipment, 296-24-68503 Application of arc welding equipment, 296-24-68505 Installation of arc welding equipment, 296-24-69001 General, 296-24-70003 Eye protection, 296-24-70005 Protective clothing, 296-24-95607 Wiring design and protection, 296-24-980 Safeguards for personnel protection, 296-32-200 Scope and application, 296-32-220 General, 296-32-230 Training, 296-32-250 Tools and personal protective equipment -- General, 296-32-260 Rubber insulating equipment, 296-37-510 Scope and application, 296-37-575 Recordkeeping requirements, 296-45-015 Scope and application, 296-45-035 Definitions, 296-45-055 Employer's responsibility, 296-45-075 Employer's safety program, 296-45-125 Medical services and first aid, 296-45-25505 Personal protective equipment, 296-45-275 Ladders, platforms, and manhole steps, 296-45-285 Hand, and portable powered tools, 296-45-45510 Sprayers and related equipment, 296-45-48535 Chemical cleaning of boilers and pressure vessels, 296-52-465 Storage of ammonium nitrate, 296-52-489 Transportation, 296-52-497 Blasting agents, 296-52-501 Water gel (slurry) explosives and blasting agents, 296-54-501 Scope and application, 296-54-507 Employer's responsibilities, 296-54-51120 Eye and face protection, 296-54-51160 Leg protection, 296-54-59340 Log unloading, booms, and rafting grounds -- Dry land sorting and storage, 296-56-60001 Scope and applicability, 296-56-60003 Variance and procedure, 296-56-60009 Accident prevention program, 296-59-001 Foreword, 296-59-005 Incorporation of other standards, 296-59-010 Safe place standards, 296-59-020 Management's responsibility, 296-59-025 Employee's responsibility, 296-59-030 Safety bulletin board, 296-59-035 First-aid, 296-59-050 Personal protective equipment, general requirements, 296-59-065 Fire protection and ignition sources, 296-59-070 Illumination, 296-59-085 Scaffolds, construction, use, and maintenance, 296-62-010 Purpose and scope, 296-62-050 Application for waiver or variances, 296-62-05207 Preservation of records, 296-62-054 Hazard communication purpose, 296-62-07101 To whom does chapter 296-62 WAC, Part E apply?, 296-62-07306 Requirements for areas containing carcinogens listed in WAC 296-62-07302, 296-62-07308 General regulated area requirements, 296-62-07336 Acrylonitrile, 296-62-07338 Appendix B -- Substance technical guidelines for acrylonitrile, 296-62-07342 1,2-Dibromo-3-chloropropane, 296-62-07347 Inorganic arsenic, 296-62-07367 Respiratory protection and personal protective equipment, 296-62-07373 Communication of EtO hazards to employees, 296-62-07385 Appendix B -- Substance technical guidelines for ethylene oxide (nonmandatory), 296-62-07417 Protective work clothing and equipment, 296-62-07419 Hygiene areas and practices, 296-62-07425 Communication of cadmium hazards to employees, 296-62-07460 Butadiene, 296-62-07470 Methylene chloride, 296-62-07473 Appendix A -- Substance safety data sheet and technical guidelines for methylene chloride, 296-62-07519 Thiram, 296-62-07521 Lead, 296-62-07523 Benzene, 296-62-07540 Formaldehyde, 296-62-07601 Scope and application, 296-62-07617 Protective work clothing and equipment, 296-62-07621 Communications of hazards to employees, 296-62-07631 Recordkeeping, 296-62-07717 Protective work clothing and equipment, 296-62-07721 Communication of hazards to employees, 296-62-11021 Open surface tanks, 296-62-20013 Protective clothing and equipment, 296-62-20015 Hygiene facilities and practices, 296-62-30001 Scope and application, 296-62-30230 Risk identification, 296-62-30235 Employee notification, 296-62-30425 Training course content for 40 and 80 hour hazardous waste clean-up courses, 296-62-30435 16-hour supplemental training for hazardous waste sites, 296-62-30605 Personal protective equipment selection, 296-62-3090 Handling drums and containers, 296-62-31410 Hazard communication program requirements under RCRA, 296-62-3195 Appendix E -- Training curriculum guidelines, 296-62-40003 Definitions applicable to all sections of this chapter, 296-62-40015 Hazard identification, 296-62-41031 Personal protective equipment selection, 296-62-41086 Appendix E -- Training curriculum guidelines, 296-63-009 Exemption requests, 296-67-005 Definitions, 296-67-053 Emergency planning and response, 296-67-061 Trade secrets, 296-67-291 Appendix C -- Compliance guidelines and recommendations for process safety management (nonmandatory), 296-78-500 Foreword, 296-78-515 Management's responsibility, 296-78-540 First-aid training and certification, 296-78-545 First-aid supplies, 296-78-56501 Log dumps and ponds, 296-78-670 Glue machines, 296-78-71001 General, 296-78-71003 Floor and wall openings, 296-78-71009 Stairways and ladders, 296-78-71011 Egress and exit, 296-78-71015 Tanks and chemicals, 296-78-71017 Dry kilns, 296-78-71019 Exhaust systems, 296-78-71023 Lighting, 296-78-730 Electrical service and equipment, 296-78-735 Elevators, moving walks, 296-78-795 Crane cages, 296-78-84005 Dry kilns, 296-79-010 Scope and application, 296-79-020 General requirements, 296-79-040 Fire protection, ignition sources and means of egress, 296-79-050 Personal protection clothing and equipment, 296-79-090 Electrical equipment and distribution, 296-79-100 Floors, platforms, stairways, ladders, loading docks, 296-79-120 Scaffolds, construction and maintenance, 296-79-300 Machine room equipment and procedures, 296-99-010 What safety hazards does this chapter require the employer to control?, 296-99-040 What practices must an employer follow for entry into grain storage structures?, 296-155-005 Purpose and scope, 296-155-110 Accident prevention program, 296-155-120 First-aid training and certification, 296-155-125 First-aid supplies, 296-155-130 First-aid station, 296-155-140 Sanitation, 296-155-17321 Hygiene facilities and practices, 296-155-17323 Communication of hazards to employees, 296-155-174 Cadmium, 296-155-17609 Exposure assessment, 296-155-17615 Protective work clothing and equipment, 296-155-17625 Employee information and training, 296-155-180 Hazard communication, 296-155-200 General requirements, 296-155-20301 Definitions, 296-155-260 Fire protection, 296-155-407 Protective clothing, 296-301-010 Textiles -- Application requirements, 296-301-020 General safety requirements, 296-301-215 First aid, 296-301-220 Personal protective equipment, 296-302-010 Bakery equipment -- General requirements, 296-302-02501 General requirements for flour-handling, 296-302-050 Miscellaneous equipment, 296-302-060 Biscuit and cracker equipment, 296-302-06513 Oil-burning equipment, 296-303-01001 General industry safety standards, 296-304-010 Scope and application, 296-304-06013 Health and sanitation, 296-305-01003 Scope and application, 296-305-01005 Definitions, 296-305-01009 Appeals, 296-305-01509 Management's responsibility, 296-305-01515 First-aid training and certification, 296-305-01517 First-aid kits, 296-305-04511 Elevated platforms, 296-305-05503 Summary of training requirements, 296-305-06005 Ground ladders, 296-305-06007 Electrical, 296-305-06503 General requirements, 296-305-06511 Indoor air quality, and 296-305-06515 Hose drying towers.

REPEALED SECTIONS: WAC 296-24-001 Foreword, 296-24-006 Equipment approval by nonstate agency or organization, 296-24-007 Incorporation of standards of national organization, 296-24-008 Incorporation of standards of federal agency, 296-24-010 Variance and procedure, 296-24-015 Education and first-aid standards, 296-24-020 Management's responsibility, 296-24-025 Employee's responsibility, 296-24-040 Accident prevention programs, 296-24-045 Safety and health committee plan, 296-24-055 Safety bulletin board, 296-24-061 First-aid requirements, 296-24-06105 What workplaces does this rule apply to?, 296-24-06110 What is the purpose of this rule?, 296-24-06115 What definitions apply to this section?, 296-24-06120 How must an employer ensure that first-aid assistance is available in the workplace?, 296-24-06125 How many employees must be trained in first aid?, 296-24-06130 What must first-aid training cover?, 296-24-06135 How often must employees complete first-aid training?, 296-24-06140 How must an employer document first-aid training?, 296-24-06145 What is the requirement for first-aid supplies?, 296-24-06150 What is the requirement to provide a first-aid station?, 296-24-06155 Appendix 1 -- Evaluation worksheet for the first-aid response plan, 296-24-06160 Appendix 2 -- First-aid kit guidance, 296-24-073 Safe place standards, 296-24-075 Personal protective equipment, 296-24-07501 General requirements, 296-24-078 Eye and face protection, 296-24-07801 General, 296-24-084 Occupational head protection, 296-24-086 Personal flotation devices, 296-24-088 Occupational foot protection, 296-24-090 Hand protection, 296-24-092 Electrical protective equipment, 296-24-094 Lighting and illumination, 296-24-096 Appendix A to Part A-2 -- References for further information (nonmandatory), 296-24-098 Appendix B to Part A-2 -- Nonmandatory compliance guidelines for hazard assessment and personal protective equipment selection, 296-24-12003 General requirements--Housekeeping, 296-24-12005 Water supply, 296-24-12007 Toilet facilities, 296-24-12009 Washing facilities, 296-24-12019 Waste disposal, 296-24-12021 Vermin control, 296-24-21503 Secure storage, 296-24-21505 Housekeeping, 296-24-21507 Drainage, 296-24-550 Means of egress, 296-24-55003 General requirements, 296-24-55005 Fundamental requirements, 296-24-55007 Protection of employees exposed by construction and repair operations, 296-24-55009 Maintenance, 296-24-565 Means of egress, general, 296-24-56501 Permissible exit components, 296-24-56503 Protective enclosure of exits, 296-24-56505 Width and capacity of means of egress, 296-24-56507 Egress capacity and occupant load, 296-24-56509 Arrangement of exits, 296-24-56511 Access to exits, 296-24-56513 Exterior ways of exit access, 296-24-56515 Discharge from exits, 296-24-56517 Headroom, 296-24-56519 Changes in elevation, 296-24-56521 Maintenance and workmanship, 296-24-56523 Furnishings and decorations, 296-24-56529 Fire retardant paints, 296-24-56531 Exit marking, 296-24-59205 General requirements, 296-24-59207 Selection and distribution, 296-24-59209 Inspection, maintenance and testing, 296-24-59211 Hydrostatic testing, 296-24-59213 Training and education, 296-24-65001 General requirements, 296-24-73503 Housekeeping, 296-24-73509 Floor loading protection, 296-24-73513 Buildings -- Floors, 296-24-76505 Where fixed stairs are required, 296-24-76517 Railings and handrails, 296-27-090 Reporting of fatality or multiple hospitalization incidents, 296-27-15501 Division of consultation and compliance, public records, 296-27-15503 Special exemptions for confidential reports within the department's files, 296-27-15505 Accident investigation reports, 296-27-210 Abatement verification, 296-27-21001 What is the purpose of this rule?, 296-27-21005 When does this rule apply?, 296-27-21010 What definitions apply to this rule?, 296-27-21015 What must an employer do when asked to abate a violation?, 296-27-21020 When must an employer submit additional documentation of abatement?, 296-27-21025 When must an employer provide abatement plans?, 296-27-21030 When must an employer submit progress reports?, 296-27-21035 What must an employer do to keep employees informed about abatement activities?, 296-27-21040 How will the department determine the date that documents are submitted?, 296-27-21045 What are the requirements related to movable equipment?, 296-27-21050 Appendix A (nonmandatory), 296-62-05211 Trade secrets, 296-62-05403 Scope and application, 296-62-05405 Definitions applicable to this part, 296-62-05407 Hazard determination, 296-62-05409 Written hazard communication program, 296-62-05411 Labels and other forms of warning, 296-62-05413 Material safety data sheets, 296-62-05415 Employee training and information, 296-62-05417 Trade secrets, 296-62-05419 Effective dates, 296-62-05421 Appendix A -- Health hazard definitions (mandatory), 296-62-05423 Appendix B -- Hazard determination (mandatory), 296-62-05425 Appendix C -- Information sources (advisory), 296-62-05427 Appendix D -- Definition of "trade secret" (mandatory), 296-62-05429 Appendix E -- Guidelines for employer compliance (advisory), 296-62-09003 Lighting and illumination, 296-62-12000 Environmental tobacco smoke in office work environments -- Scope and application, 296-62-12003 Definitions, 296-62-12005 Controls for environmental tobacco smoke, 296-62-12009 Appendix -- Smoking cessation program information -- Nonmandatory, 296-350-100 Inspections and citations, 296-350-10010 Selecting workplaces to inspect, 296-350-10020 Inspections -- Site visit, 296-350-10030 Complaints by employees or employee representatives, 296-350-10040 Results of a WISHA inspection -- Notice of violations, 296-350-10050 Posting a citation and notice, 296-350-150 Civil penalties, 296-350-15010 Assessing civil penalties -- Purpose, 296-350-15015 Minimum penalty amounts, 296-350-15020 Severity and probability determine base penalties, 296-350-15025 Severity, 296-350-15030 Probability, 296-350-15035 Gravity and base penalties, 296-350-15040 Adjustments to base penalties, 296-350-15045 Increasing penalty amounts, 296-350-350 Extension of abatement date(s) -- Application -- Authority, 296-350-35010 Application for extension of abatement date(s), 296-350-35015 Extension of abatement date(s) -- Application -- Timeliness, 296-350-35020 Extension of abatement date(s) -- Application -- Service, 296-350-35025 Extension of abatement date(s) -- Application -- Contents, 296-350-35030 Extension of abatement date(s) -- Provisional determination, 296-350-35035 Extension of abatement date(s) -- Notice of application -- Notice of opportunity for hearing -- Notice of provisional determination, 296-350-35040 Extension of abatement date(s) -- Posting, 296-350-35045 Extension of abatement date(s) -- Application for hearing, 296-350-35050 Extension of abatement date(s) -- Notice of hearing, 296-350-35055 Extension of abatement date(s) -- Hearings, 296-350-35060 Extension of abatement date(s) -- Decision and order, 296-350-500 Citation and notice -- Copy to employee representative, 296-350-600 WISHA appeals, 296-350-60010 Filing an appeal -- Who, when and where, 296-350-60015 What must be in a WISHA appeal, 296-350-60020 Why we reassume jurisdiction, 296-350-60030 Reviewing appeals and extending review time, 296-350-60035 Informal WISHA conferences, 296-350-60040 Issuing and appealing corrective notices, and 296-350-60045 Notifying employees.

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

Adopted under notice filed as WSR 00-23-099 on January 3, 2001 [November 21, 2000].

Changes Other than Editing from Proposed to Adopted Version: As a result of written or oral comments received, the following sections are being withdrawn:

WITHDRAWN SECTIONS: The following sections were proposed to be repealed and will not be repealed because some of the requirements in the section were not moved to the new safety and health core rulebook: WAC 296-24-005 Purpose and scope, 296-24-75003 Protection for floor openings, 296-24-76507 Stair strength, and 296-24-76509 Stair width, these sections were proposed to be repealed, they will not be adopted because it is not applicable.

The following sections were proposed to be amended and will not be amended because some of the requirements in the section were not moved to the new safety and health core rulebook:

WAC 296-24-12006 Water supply (nonpotable).

This section was proposed as a new section. It will not be adopted as proposed. The requirements relating to nonpotable water were moved into WAC 296-800-230.
WAC 296-24-20700 Appendix A to WAC 296-24-195.

A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-20700 (4)(b)(vi)(C), this will not be adopted because it is not applicable.
WAC 296-24-23001 Definitions.

A reference to the portable fire extinguisher section in WAC 296-800-300 was proposed to be added to WAC 296-24-23001, this will not be adopted because it is not applicable.
WAC 296-24-23007 Designated locations.

A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-23007(2), this will not be adopted because it is not applicable.
WAC 296-24-23533 Crane and derrick suspended personnel (work) platforms.

A reference to the floor openings, floor holes and open-sided floors in WAC 296-800-260 was proposed to be added to WAC 296-24-23533 (6)(d), this will not be adopted because it is not applicable.
WAC 296-24-31503 Gaseous hydrogen systems.

References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-31503 (3)(b)(v) and (c)(v), these will not be adopted because they are not applicable.
WAC 296-24-31505 Liquefied hydrogen systems.

References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-31505 (3)(a)(iv), (b)(iv) and (c)(v), these will not be adopted because they are not applicable.
WAC 296-24-32003 Bulk oxygen systems.

References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-32003 (8)(i), these will not be adopted because they are not applicable.
WAC 296-24-33011 Industrial plants.

A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-33011 (7)(a), this will not be adopted because it is not applicable.
WAC 296-24-33015 Service station.

References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-33015 (4)(a) and (b), these will not be adopted because they are not applicable.
WAC 296-24-33017 Processing plants.

References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-33017 (7)(c)(i) and (iii), these will not be adopted because they are not applicable.
WAC 296-24-37005 Electrical and other sources of ignition.

A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-37005(4), this will not be adopted because it is not applicable.
WAC 296-24-37019 Drying, curing, or fusion apparatus.

A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-37019 (4)(d), this will not be adopted because it is not applicable.
WAC 296-24-37023 Powder coating.

A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-37023(1), this will not be adopted because it is not applicable.
WAC 296-24-47505 Basic rules.

References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-47505 (17)(a) and (18), these will not be adopted because they are not applicable.
WAC 296-24-75001 Terms.

A reference to the floor openings, floor holes and open-sided floors section in WAC 296-800-260 was proposed to be added to WAC 296-24-75001(7), this will not be adopted because it is not applicable.
WAC 296-24-75005 Protection for wall openings and holes.

A reference to the floor openings, floor holes and open-sided floors section in WAC 296-800-260 was proposed to be added to WAC 296-24-75005(5), this will not be adopted because it is not applicable.
WAC 296-24-780 Portable wood ladders.

A reference to the portable ladders: Wooden and metal section in WAC 296-800-290 was proposed to be added to WAC 296-24-780, this will not be adopted because it is not applicable.
WAC 296-24-79501 Terms.

A reference to the portable ladders: Wooden and metal section in WAC 296-800-290 was proposed to be added to WAC 296-24-79501, this will not be adopted because it is not applicable.
WAC 296-24-81003 Design requirements.

A reference to the portable ladders: Wooden and metal section in WAC 296-800-290 was proposed to be added to WAC 296-24-81003 (2)(a), this will not be adopted because it is not applicable.
WAC 296-24-95605 General requirements.

A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-95605 (8)(d), this will not be adopted because it is not applicable.
As a result of written and oral comments received, the following changes are as a result of the public hearings, to clarify language or for better organization:


Chapter 296-62 WAC, General occupational health standards.


WAC 296-62-05301 Definitions.

Created this section and added the following clarifying language that reads:
"Understand a trade secret. The following is a reprint of the Restatement of Torts section 757, comment b (1939):

Definition of trade secret.

A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business (see 759 of the Restatement of Torts which is not included in this Appendix) in that it is not simply information as to single or ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the security investments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the operations of the business. Generally it relates to the production of goods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations in the business, such as a code for determining discounts, rebates or other concessions in a price list or catalogue, or a list of specialized customers, or a method of bookkeeping or other office management."

WAC 296-62-05320 Deny a written request for disclosure of a specific chemical identity in the manner specified in this rule.

Corrected housekeeping errors.
WAC 296-62-054 Manufacturers, importers and distributors.

Added a note that reads:
"If you are an employer who relies on a material safety data sheet from the manufacturer, importer, or distributor and you distribute or produce hazardous chemicals, you do not have to comply with this rule."

Added the following language at the end of WAC 296-62-054 that reads:
"Article means a manufactured item other than a fluid or particle:

(a) Which is formed to a specific shape or design during manufacture;

(b) Which has end use function(s) dependent in whole or in part upon its shape or design during end use; and

(c) Which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under WAC 296-62-05407), and does not pose a physical hazard or health risk to employees.

Director means the director of the department of labor and industries or his/her designee.

Chemical means any element, chemical compound or mixture of elements and/or compounds.

Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution.

Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.

Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.

Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.

Employee means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise. However, for the purposes of this part, employee shall not mean immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity or officers of any closely held corporation engaged in agricultural production of crops or livestock. This part applies to employees who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies.

Employer means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. This part applies to employers engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.

Exposure or exposed means that an employee is/was subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure.

Foreseeable emergency means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.

Hazardous chemical means any chemical which is a physical hazard or a health hazard.

Identity means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS.

Importer means the first business within the Customs Territory of the United States which receives hazardous chemicals produced in other countries, for the purpose of supplying them to distributors or employers within the United States.

This definition is the same as Webster's therefore we did not include it in the definitions.

Material safety data sheet (MSDS) means written or printed material concerning a hazardous chemical which is prepared in accordance with WAC 296-62-05408.

Mixture means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.

Novelty and prior art. A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability.

These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research. The patent monopoly is a reward to the inventor. But such is not the case with a trade secret. Its protection is not based on a policy of rewarding or otherwise encouraging the development of secret processes or devices. The protection is merely against breach of faith and reprehensible means of learning another's secret. For this limited protection it is not appropriate to require also the kind of novelty and invention which is a requisite of patentability. The nature of the secret is, however, an important factor in determining the kind of relief that is appropriate against one who is subject to liability under the rule stated in this section. Thus, if the secret consists of a device or process which is a novel invention, one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use. If, on the other hand, the secret consists of mechanical improvements that a good mechanic can make without resort to the secret, the wrongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate.

Secrecy. The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged to secrecy. Others may also know of it independently, as, for example, when they have discovered the process or formula by independent invention and are keeping it secret. Nevertheless, a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one's trade secret are:

The extent to which the information is known outside of his business;

The extent to which it is known by employees and others involved in his business;

The extent of measures taken by him to guard the secrecy of the information;

The value of the information to him and his competitors;

The amount of effort or money expended by him in developing the information;

The ease or difficulty with which the information could be properly acquired or duplicated by others.

Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) registry number, or any other information that reveals the precise chemical designation of the substance.

Trade secret means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. WAC 296-62-05225 provides a legal definition of trade secret and this rule sets out the criteria to be used in evaluating trade secrets.

Use means to package, handle, react, emit, extract, generate as a by-product, or transfer.

Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas."

Added the following language:
"Director means the director of the department of labor and industries or his/her designee.

Chemical means any element, chemical compound or mixture of elements and/or compounds.

Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution.

Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.

Combustible liquid means any liquid having a flashpoint at or above 100F (37.8C), but below 200F (93.3C), except any mixture having components with flashpoints of 200F (93.3C), or higher, the total volume of which make up ninety-nine percent or more of the total volume of the mixture.

Commercial account means an arrangement whereby a retail distributor sells hazardous chemical(s) to an employer, generally in large quantities over time and/or at costs that are below the regular retail price.

Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.

Compressed gas means:

(a) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70F (21.1C); or

(b) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130F (54.4C) regardless of the pressure at 70F (21.1C); or

(c) A liquid having a vapor pressure exceeding 40 psi at 100F (37.8C) as determined by ASTM D-323-72.

Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this part, pipes or piping systems are not considered to be containers.

Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.

Definitions applicable to this rule:

Distributor means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.

Employee means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise. However, for the purposes of this part, employee shall not mean immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity or officers of any closely held corporation engaged in agricultural production of crops or livestock. This part applies to employees who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies.

Employer means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. This part applies to employers engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.

Explosive means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.

Exposure or exposed means that an employee is/was subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure.

Flammable means a chemical that falls into one of the following categories:

(a) Aerosol flammable means an aerosol that, when tested by the method described in 16 C.F.R. 1500.45 yields a flame projection exceeding eighteen inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening;

(b) Gas, flammable means:

(i) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen percent by volume or less; or

(ii) A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than twelve percent by volume, regardless of the lower limit;

(c) Liquid, flammable means any liquid having a flashpoint below 100F (37.8C), except any mixture having components with flashpoints of 100F (37.8C) or higher, the total of which make up ninety-nine percent or more of the total volume of the mixture.

(d) Solid, flammable means a solid, other than a blasting agent or explosive as defined in WAC 296-52-417 or 29 C.F.R. 1910.109(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.

Flashpoint means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows:

(a) Tagliabue closed tester: (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100F (37.8C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or

(b) Pensky-Martens closed tester: (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100F (37.8C), or that contain suspended solids, or that have a tendency to form a surface film under test; or

(c) Setaflash closed tester: (See American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).

Note: Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above.

Foreseeable emergency means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.

Hazardous chemical means any chemical which is a physical hazard or a health hazard.

Hazard warning means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the specific physical and health hazard(s), including target organ effects, of the chemical(s) in the container(s). (See definition for "physical hazard" and "health hazard" to determine the hazards which must be covered.)

Health hazard means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees.

The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Appendix A provides further definitions and explanations of the scope of health hazards covered by this part, and Appendix B describes the criteria to be used to determine whether or not a chemical is to be considered hazardous for purposes of this standard.

Identity means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS.

Importer means the first business within the Customs Territory of the United States which receives hazardous chemicals produced in other countries, for the purpose of supplying them to distributors or employers within the United States.

This definition is the same as Webster's therefore we did not include it in the definitions.

Material safety data sheet (MSDS) means written or printed material concerning a hazardous chemical which is prepared in accordance with WAC 296-62-05408.

Mixture means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.

Organic peroxide means an organic compound that contains the bivalent-0-0-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.

Oxidizer means a chemical other than a blasting agent or explosive as defined in WAC 296-52-417 or C.F.R. 1910.109(a), that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases.

Permissible exposure limits (PELs) refer to airborne concentrations of substances without regard to the use of respiratory protection and represent conditions under which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effect. The permissible exposure limits (PELs) shall include the following four categories:

(a) Permissible exposure limits - Time-weighted average (PEL-TWA) is the time weighted average airborne exposure to any 8-hour work shift of a 40-[hour] work week which shall not be exceeded.

(b) Permissible exposure limits - Short-term exposure limit (PEL-STEL) is the employee's 15-minute time weighted average exposure which shall not be exceeded at any time during a work day unless another time limit is specified in a parenthetical notation below the limit. If another time period is specified, the time weighted average exposure over that time period shall not be exceeded at any time during the working day.

(c) Permissible exposure limits - Ceiling (PEL-C) is the employee's exposure which shall not be exceeded during any part of the work day. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time weighted average exposure which shall not be exceeded at any time over a working day.

(d) "Skin" notation is the potential contribution to the overall employee exposure by the cutaneous route including mucous membranes and eye, either by airborne, or more particularly, by direct contact with the substance. These substances are identified as having a "skin" notation in the OSHA and WISHA PEL tables (29 C.F.R. Part 1910 Subpart Z and WAC 296-62-075, respectively).

Physical hazard means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.

Produce means to manufacture, process, formulate, blend, extract, generate, emit, or repackage.

Purchaser means an employer with a workplace who purchases a hazardous chemical for use within that workplace.

Pyrophoric means a chemical that will ignite spontaneously in air at a temperature of 130F (54.4C) or below.

Responsible party means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.

Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) registry number, or any other information that reveals the precise chemical designation of the substance.

Threshold limit values (TLVs) refer to airborne concentrations of substances without regard to the use of respiratory protection and represent conditions under which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effect. The TLV includes the TLV-Time weighted average (TLV-TWA), TLV-Short term exposure limit (TLV-STEL), TLV-Ceiling (TLV-Ceiling) and "skin" notation as stated in the most recent edition of the 'Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices' from the American Conference of Governmental Industrial Hygienists (ACGIH).

Trade secret means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. WAC 296-62-05427, Appendix D, provides a legal definition of trade secret and WAC 296-62-05417 sets out the criteria to be used in evaluating trade secrets.

Unstable (reactive) means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.

Use means to package, handle, react, emit, extract, generate as a by-product, or transfer.

Water-reactive means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard.

Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas."


Chapter 296-800 WAC, Safety and health core rules.


WAC 296-800-100 Introduction.

Added language regarding what the safety and health core rules represents and who it affects.
Added language in the introduction relating to building, fire, and electrical codes that reads:
"How do the WISHA rules relate to fire, building and electrical codes?

Fire codes: WISHA rules contain basic requirements for portable fire extinguishers, exit routes, housekeeping, storage, stairs and electrical hazards for the protection of employees in your workplace. The rules contained in this book are the most basic requirements to make sure that as an employer you provide a safe and healthy work environment. However, these are not the only rules regarding the requirements for portable fire extinguishers, exit routes, housekeeping, storage, stairs and electrical. The fire marshall and local fire authorities enforce the Uniform Fire Code (UFC). WISHA and UFC differ in some areas, for example UFC requires exit sign lettering to be 6" or more and WISHA only states that the letters have to be clearly visible. Fire codes have more detailed and extensive requirements for the protection of the public than WISHA. Some codes overlap with WISHA requirements.

Building and electrical codes: WISHA rules are minimum requirements regardless of when the building was built or remodeled. Buildings must also comply with building and electrical codes at the time of construction. If you remodel you must comply with the building and electrical codes applicable at that time. Building authorities and electrical inspection authorities enforce rules from the Uniform Building Code (UBC), and the National Electrical Code (NEC).

You are encouraged to call your local fire, building or electrical authority. For more information on the requirements in your area look in the government section of your phone book. Copies of these codes are available at your local library."

WAC 296-800-110 Employer responsibilities: Safe workplace.

Added a note that reads:
"Employees may discuss and participate in any WISHA safety and health related practice and may refuse to perform dangerous tasks without fear of discrimination. Discrimination includes: Dismissal, demotion, loss of seniority, denial of a promotion, harassment, etc. (See chapter 296-360 WAC, Discrimination, pursuant to RCW 49.17.160 for a complete description of discrimination and the department's responsibility to protect employees)."

Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-11005 Provide a workplace free from recognized hazards.

First bullet now reads:
"Provide your employees a workplace free from recognized hazards that are causing, or are likely to cause, serious injury or death."

Added a note that reads:
"A hazard is recognized if it is commonly known in the employer's industry, if there is evidence that the employer knew or should have known the existence of the hazard or if it can be established at [that] any reasonable person would have recognized the hazard."

WAC 296-800-11010 Provide and use means to make your workplace safe.

First bullet now reads:
"Do not remove, displace, damage, destroy or carry off any safety device, safeguard, notice or warning, furnished for use in any employment of place of employment."

"Do not interfere with use of any of the above."

"Do not interfere with the use of any method or process adopted for the protection of any employee."

"Do everything reasonably necessary to protect the life and safety of your employees."

WAC 296-800-11015 Prohibit employees from entering, or being in, any workplace that is not safe.

Title of this section now reads:
"Prohibit Not require employees to go in from entering, or be being in, any workplace that is not safe."

Added a bullet that reads:
"You must: Prohibit employees from entering, or being in, any workplace that is not safe."

WAC 296-800-11020 Construct your workplace so it is safe.

Title of this section now reads:
"Construct your workplace so that it is safe."

WAC 296-800-11025 Prohibit alcohol and narcotics from your workplace.

Second bullet now reads:
"Prohibit not permit employees under the influence of alcohol or narcotics from on the worksite."

Third bullet is now an exemption.
WAC 296-800-11030 Prohibit employees from using equipment or materials that do not meet the applicable WISHA requirements.

Title of this section now reads:
"Prohibit not allow employees from using to use equipment or materials that do not meet the applicable WISHA requirements."

First bullet now reads:
"Prohibit not allow employees from using to use equipment, materials, tools, or machinery that fails to does not meet the applicable WISHA requirements, of WISHA rules including the rules for specific industries."

WAC 296-800-11035 Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.

Moved rule from WAC 296-800-14015.
The title now reads:
"Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice."

Added a bullet that reads:
"You must: Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice."

WAC 296-800-120 Employee responsibilities.

Added a note that reads:
"Employees may discuss and participate in any WISHA safety and health related practice and may refuse to perform dangerous tasks without fear of discrimination. Discrimination includes: Dismissal, demotion, loss of seniority, denial of a promotion, harassment, etc. (See chapter 296-360 WAC, Discrimination, pursuant to RCW 49.17.160 for a complete description of discrimination and the department's responsibility to protect employees)."

WAC 296-800-12005 Employee responsibilities.

Fourth bullet now reads:
"Take care of for all personal protective equipment (PPE) properly."

Sixth bullet now reads:
"Report promptly to their your supervisor every industrial injury or occupational illness."

Seventh bullet now reads:
"Not remove, displace, damage, or destroy or carry of any safeguard, notice, or warning, provided to make the workplace safe."

Ninth bullet now reads:
"Not interfere with the use of any work practice designed to protect them employees from injuries."

Tenth bullet now reads:
"Do Not fail or neglect to every other thing reasonably necessary to protect the life and safety of employees."

WAC 296-800-130 Safety committees and safety meetings.

Summary page now reads:
"Your responsibility: To establish a workplace safety committee/meeting to develop and maintain a safe and healthy workplace for all employees."

Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-13005 Establish a safety committee or have safety meetings.

The title now reads:

"Establish a safety committee or have safety meetings."

Added the words "You must."
This rule now reads:

IF: Then:
You employ 11 or more employees on the same shift at the same location.


You have 10 or less employees

OR

If you have 11 or more that meet these conditions:

Work on different shift and 10 or less employees are on each shift

OR

Work in widely separated locations and 10 or less employees are at each location.

You must establish a safety committee


You may elect to have a safety meeting instead of a safety committee.


Make sure your safety committee:

Has both employer-selected and employee-selected members.
- The number of employer-selected members must be equal to or less than the number of employee-elected members.

- The term of employee-elected members must be a maximum of one year. This rule does not specify the number of terms a representative can serve.

- If there is an employee-elected member vacancy, a new member must be elected prior to the next scheduled meeting.

Has an elected chairperson.
Determines how often the safety committee will meet.
Note:

If the committee cannot agree on the frequency of safety meetings, the department of labor and industries regional safety consultation representative must be consulted for recommendations (see the resource section in this book).
Employees selected by the employees bargaining representative or union qualify as "employee-elected."
You must:

Make sure your safety committee:

Determines when and where the safety committee will meet.
- Meetings cannot exceed one hour, unless extended by a majority vote of the committee.

Make sure safety meetings:

Are held at least once a month; or weekly (or biweekly) if conditions arise that require discussions of safety problems.
Be composed of at least one management representative, in addition to the crew/staff."
WAC 296-800-13010 Make sure that each meeting includes a discussion of established safety topics.

The title now reads:

"Make sure that each meeting includes a discussion of established safety topics."

First bullet now reads:

"You must: At each safety committee or safety meeting you must:"

First dash now reads:

"Review safety and health inspection reports to help correct safety hazards."

Second dash now reads:

"Evaluate the accident investigations conducted since the last meeting to determine if causes of the unsafe situation were identified and corrected."

Third dash now reads:

"Evaluate the workplace accident and illness prevention program and discuss recommendations for improvement if needed."

Second paragraph now reads:

"In addition, at each meeting you must:"

Fourth dash now reads:

"Document attendance and the subject(s) discussed"

Fifth dash now reads:

"Write down subject(s) discussed."

WAC 296-800-13015 Make sure that safety committee meeting minutes are recorded and preserved.

Added the words "You must."
First bullet now reads:
"Prepare minutes from each safety committee meeting:
- Preserved them for one year.
- Make them available for review by safety and health consultation personnel of the department of labor and industries."
WAC 296-800-140 Accident prevention program.

Summary page now reads:
"Your responsibility: To establish, supervise and enforce an accident prevention program (APP) that is effective in practice (You may call this your total safety and health plan)."

Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-14005 Develop a formal, written accident prevention program.

First bullet: Replace the word "type" with "types."
Second bullet now reads:
"Make sure your accident prevention program contains at least the following minimum elements."

First diamond now reads:
"A description of your total safety and health program accident prevention program."

Third diamond bullet: Add the word "the."
Sixth diamond bullet: Add a comma.
Seventh diamond now reads:

"Identification of the hazardous gases, chemicals, or materials used on-the-job and instruction about on the safe use and emergency action to take after following accidental exposure."

Second dash: Deleted the word "designated."
Deleted the word "See" from the reference.
WAC 296-800-14015 Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.

Moved rule to WAC 296-800-11035.
WAC 296-800-14020 Develop, supervise, implement, and enforce safety and health training programs that are effective in practice.

Title now reads:

"Develop, supervise, implement, and enforce safety and health training programs that are effective in practice."

WAC 296-800-150 First aid.

Summary page now reads:

"Your responsibility: To Make sure all employees receive quick and effective first aid trained personnel are available to provide quick and effective first aid."

Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-15005 Make sure that first aid trained personnel are available to provide quick and effective first aid.

Title now reads:

"Make sure that first aid is available trained personnel are available to provide quick and effective first aid."

First bullet now reads:

"Choose one of the following two options to make sure that first aid trained personnel are available to your employees your employees have access to personnel who are trained in first aid."

Second dash now reads:

"- Determine how many, if any, employees to train should be trained in first aid, based on the following factors:"

Second diamond now reads:

"Another person with first aid training is present or available to your employees, whenever you have 2 or more employees present."

WAC 296-800-15010 Make sure first aid training contains required subjects.

Note now reads:

"Also Assess your workplace to determine if there are certain job hazards, or if the time and distance from emergency medical services indicate a need for training, beyond the items listed below."

First bullet: Add and delete a comma.
WAC 296-800-15020 Make sure appropriate first-aid supplies are readily available.

Title now reads:

"Make sure that appropriate first aid supplies are appropriate and easily accessible readily available."

Second bullet: Added the word "are."
Third bullet: Replace the word "the" with "an."
WAC 296-800-15025 Provide a first-aid station when required.

Fourth dash: Replaced the word "have" with "has."
WAC 296-800-160 Personal protective equipment (PPE).

Summary page now reads:

"What is PPE?: PPE are is an item or items used to protect the eyes, face, head, body, arms, hands, legs and feet such as goggles, helmets, head covers, gloves, rubber slickers, disposable coveralls, safety shoes, protective shields, and barriers."

Changed the note to an exemption.
Replace the word "requirement" with "rules."
Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-16005 Do a hazard assessment for PPE.

Note now reads:

"PPE as one should not be relied on to provide protection for your employees. PPE should be used after all other reasonable means of reducing hazards have been carried out. Identifying hazards in your workplace should be built into your regular routine. When you identify hazards You should take active steps to get rid of all identified hazards them. For example, you can:

- Consider other ways of getting a to get hazardous job jobs done."

WAC 296-800-16010 Document your hazard assessment for PPE.

First bullet now reads:

- "Name of person certifying person's name who certifies that a workplace hazard assessment was done."

WAC 296-800-16015 Select appropriate PPE for your employees.

Title now reads:

"Select appropriate PPE for your employees."

This rule now reads:

"(1) Select appropriate PPE.

Select appropriate PPE for your employees if hazards are present, or likely to be present.
Select PPE for each at-risk employee to use for protection from the hazards identified in your workplace hazard assessment.
Communication your PPE selection decisions to each at-risk employee.
(2) Select PPE that properly fits each at-risk employee."
Move language relating to communicating your PPE selection decision to WAC 296-800-16025.
In the note:

Added the word "may."

Added a comma. Replaced "department of labor and industries" with "OSHA."

Deleted "a" and changed "professional" to "professionals."

WAC 296-800-16020 Provide PPE to your employees.

Second bullet now reads:

-"Is the type that would not reasonable or normally be worn away from the workplace such as single use or disposable PPE."

Note now reads:

"Examples of PPE that the employer must provide are:

- Boots or gloves that could become contaminated with hazardous materials in the workplace.

- Safety glasses, goggles, and non-prescription protective eyewear.

- Goggles that to fit over prescription eyewear.

- Hardhats.

- Full body harnesses and lanyards.

- Single use or disposable PPE such as plastic type gloves used in the food service or medical industries."

WAC 296-800-16025 Train your employees to use PPE.

Move language relating to communicating your PPE selection decision from WAC 296-800-16015.
First bullet now reads:

"Communicate your PPE selection decisions to each at-risk employee."

WAC 296-800-16030 Retrain employees to use PPE, if necessary.

First bullet now reads:

"Retrain an employee when you have reason to believe the understanding they have not retained, motivation, and skills require to use the PPE has not been retained. Circumstances where retraining is required includes:"

WAC 296-800-16040 Require your employees to use necessary PPE on the job.

Title now reads:

"Require your employees to use necessary PPE on the job."

Added a bullet that reads: "You must: Require your employees to use necessary PPE on the job."
Delete language:
"You must:
Require that employees use PPE on the job once you have:
-Identified that employees need PPE

-selected the appropriate PPE for your employees

-trained employees to use PPE."

WAC 296-800-16045 Keep PPE in safe and in good condition.

Title now reads: "Keep PPE in safe and in good condition."
Replace the first bullet with the following that reads:
"Make sure all PPE is safe for the work to be performed. It must:

- Be durable.

- Fit snugly.

- Not interfere with the employee's movement.

Make sure PPE is used and maintained in a clean and reliable condition.

-Defective equipment must not be used."

Third bullet reads:

"Make sure if employees provide their own PPE, that it is adequate for the workplace hazards, and maintained in a clean and reliable condition."

Third bullet was incorporated into the first bullet.
WAC 296-800-16050 Make sure your employees use appropriate face and eye protection.

First bullet reads:

"Make sure that employees exposed to hazards that could injure their eyes face and/or face eyes use appropriate protection. Examples of these hazards include:

Second dash now reads:

"- Is large Be big enough to be worn over the prescription lenses without disturbing them."

Fourth bullet: Replaced the word "requirements" with "standards."
WAC 296-800-16055 Make sure your employees use appropriate head protection.

The rule now reads:
"(1) Make sure employees wear appropriate protective helmets.
Make sure Where employees are exposed to hazards that could cause a head injury wear appropriate protective helmets such as hard hats. Examples of this type of hazard include:

- Flying or propelled objects.

- Falling objects or materials.

Make sure Where employees are working around or under scaffolds or other overhead structures wear protective helmets.

Make sure protective That helmets meet the following specific ANSI standards (most commercially available PPE is marked with specific ANSI requirements):

- Protective helmets bought before February 20, 1995, must meet ANSI standard Z89.1-1969.

- Protective helmets bought after February 20, 1995, must meet ANSI standard Z89.1-1986.

- If you use protective helmets that do not meet these ANSI standards, you must show they are equally effective.

(2) Make sure employees working near exposed electrical conductors that could contact their head wear a protective helmet designed (that meet the above ANSI standards)."

Fourth bullet: Is numbered 3. Replace the word "then" with "if."

Fifth bullet: Language from the fifth bullet was incorporated into the first bullet.

Deleted the note that read:

"Note: When an employee must wear PPE, such as mask type respirators or ear-cup-type hearing protection devices, and hair, either facial or head, interferes with a proper seal."

WAC 296-800-16060 Make sure your employees use appropriate foot protection.

The rule now reads:
"(1) Use appropriate foot protection.

Make sure Where employees are exposed to hazards that could injure their feet use appropriate foot protection. Examples of these hazards are:
- Falling objects.

- Rolling objects.

- Piercing/cutting injuries.

- Electrical hazards.

Make sure employees wear calks or other suitable footwear to protect against slipping while they are working on top of logs.

Make sure PPE used to protect your employees' feet That meets specific ANSI requirements.

(2) Make sure employees wear calks or other suitable footwear to protect against slipping while they are working on top of logs."

WAC 296-800-16065 Make sure your employees use appropriate hand protection.

First bullet: Delete the word "severe."
WAC 296-800-16070 Make sure your employees are protected from drowning.

Title now reads:

"Make sure your employees are protected from drowning."

The rule now reads:
"(1) Provide and wear personal flotation devices.

Make sure employees wear personal flotation devices (PFDs) When they work in areas where the danger of drowning exists, such as:

- On the water.

- Over the water.

- Alongside the water.

Note: Employees are not exposed to the danger of drowning when:

- The water is known to be less than chest high on the employee.

- Employees are working behind standard strength and height guardrails.

- Employees are working inside operating cabs or stations that eliminate the possibility of accidentally falling into the water.

- Employees are wearing an approved safety belt with a lifeline attached that prevents the possibility of accidentally falling into the water.

Provide your employees with appropriate or allowable approved United States Coast Guard-approved PFDs. Ski belts or inflatable type PFDs are prohibited. The following are appropriate or allowable United States Coast Guard-approved PFDs."

Fourth bullet: Is numbered (2). Replace the words "exposure to" with "the risk of."
WAC 296-800-170 Employer chemical hazard communication.

The introduction now reads:
"Employer Chemical Hazard Communication - Introduction.

Important:

Thousands of chemicals can be found in today's workplaces. These chemicals may have the capacity to cause health problems, from minor skin irritations to serious injuries or diseases like cancer.

The employer chemical hazard communication rule was developed to make sure employers and employees are informed about chemical hazards in the workplace.

This rule applies to:

Employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.

Contractors or subcontractors that work for employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.

Note:

If you produce, import, distribute and/or repackage chemicals, or choose not to rely on labels or material safety data sheets provided by the manufacturer or importer, you must comply with chemical hazard communication for manufacturers, importers and distributors, WAC 296-62-054.

You may withhold trade secret information under certain circumstances, see trade secrets, WAC 296-62-053, to find out what information may be withheld as a trade secret and what information must be released.

Exemptions:

For the purposes of this employer hazard communication rule, if you are engaged in agricultural production of crops or livestock, "employee" does not mean:

-Immediate family members of the officers of any corporation, partnership, sole proprietorship or other business entity or officers of any closely held corporation.

Certain products, chemicals, or items are exempt from this rule. Below is a summarized list of these exemptions. See WAC 296-800-17055 at the end of this rule to get complete information about these exemptions:

- Any hazardous waste or substance.

- Tobacco or tobacco products.

- Wood or wood products that are not chemically treated and will not be processed, for example, by sawing and sanding.

- Food or alcoholic beverages.

- Some drugs, such as retail or prescription medications.

- Retail cosmetics.

- Ionizing and nonionizing radiation.

- Biological hazards.

- Any consumer product or hazardous substance when workplace exposure is the same as that of a consumer.

- Retail products used in offices in the same manner and frequency used by consumers can be termed "consumer products." Consumer products include things such as: Correction fluid, glass cleaner, and dishwashing liquid.

Example: If you use a household cleaner in your workplace in the same way that a consumer would use it when cleaning their house, the exposure should be the same as the consumer's. ("In the same way" means using the household cleaner in the same manner and frequency.) A janitor using a household cleaner, such as bleach, throughout the day, is not considered to be consumer use.

Manufactured items that remain intact are exempt for this rule.

The following are examples:

Item Covered by this rule Not covered by this rule
Brick sawed or cut in half used whole or intact
Pipe cut by a torch bent with a tube bender
Nylon rope burning the ends tying a knot

Manufactured items that are fluids or in the form of particles are not exempt for this rule."
Summary page now reads:

"Your responsibility: To inform and train your employees about the hazards of chemicals they may be exposed to during normal working conditions, or in foreseeable emergencies by:"

Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-17005 Develop, implement, maintain, and make available a written chemical hazard communication program.

First bullet: Delete the word "and."
Second bullet reads:

"Hazardous Chemical hazards used during nonroutine tasks."

Fourth bullet now reads:
"Make sure that your written chemical hazard communication program includes the following communication methods you will apply if you produce, use, or store hazardous chemicals at your workplace(s) in such a way that the employees of other employer(s) maybe exposed:
- Provide the other employer(s) with a copy of the relevant material safety data sheets (MSDSs) or provide access to the material safety data sheets MSDS in a central location at the workplace.
- Inform the other employer(s) of any precautionary measures that need to taken to protect employees during normal operating conditions and in foreseeable emergencies.
- Describe how to inform the other employer(s) of the labeling system used in the workplace."
Note now reads:
"Note:

Examples of employees of other employers who could be exposed to chemical hazards that you produce, use, or store in your workplace include employees of construction, cleaning service, or maintenance contractors visiting or working on-site.
Your employees have the right to get chemical hazard communication information from other employers at workplaces where they are working; and
Employees of other employers have the right to get the information from you when they are working at your workplace.
Include in your written chemical hazard communication program the methods that you will use to share information with other employers and their employees at your workplace(s) regarding:
- Access to material safety data sheets.

- Precautionary measures such as personal protective equipment and emergency plans.

- Any labeling systems used at the workplace.

If you rely on another employer's chemical hazard communication program to share the information required and the program meets the requirements of this rule, document this say so in your own written chemical hazard communication program."

Fifth bullet now reads:

"Make your chemical hazard communication program available to your employees. Where employees must travel between workplaces during a workshift, that is, if their work is carried out at more than one geographical location, the written Chemical Hazard Communication Program may be kept at the primary workplace facility."

Note now reads:
"Note:

You must make the written chemical hazard communication program available, upon request, to employees, their designated representatives, the director or his/her designee department and NIOSH, in accordance with the requirements of Access to records, WAC 296-62-053.
Where employees must travel between workplaces during a workshift, that is, if their work is carried out at more than one geographical location, the written chemical hazard communication program may be kept at the primary workplace facility."
WAC 296-800-17010 Identify and list all the hazardous chemicals present in your workplace.

First bullet: Replace the word "predictable" with "foreseeable."
Second bullet: Spell out (MSDS), material safety data sheets. Replace the word "requirement" with "rule."
Note now reads:
"Note:

The following are some ways to determine whether a product is hazardous:

- Look for words on the label, such as CAUTION, WARNING, or DANGER.

- Look for words or "hazard coding" that indicate that the chemical is flammable, an irritant, corrosive, carcinogenic, etc. "Hazard coding" refers to words, numbers, or colors that tell you a chemical is dangerous.

- Check the product's MSDS for hazard information.

Examples of hazardous chemicals are: Acids, adhesives, caustics, fuels, paints, varnishes, shellacs and pesticides. Too many other classes of hazardous chemicals exist to list them all here.

If you have any questions about a chemical you have at your workplace, contact your local L&I office (see the resource section of this book)."

WAC 296-800-17015 Obtain and maintain material safety data sheets (MSDS) for each hazardous chemical used.

Note now reads:

"MSDSs are a type of employee exposure record. Therefore, you must comply with the Access to MSDS as Exposure Records, WAC 296-800-180, which is located in this book."

First bullet now reads:

"Obtain a MSDS for each hazardous chemical used as soon as possible if the MSDS is not provided with a the shipment of a hazardous chemical you must get one from the chemical manufacturer or importer as soon as possible."

Second bullet: Incorporate information into first bullet.
Note: Housekeeping errors fixed. For example, changed the word "chemical" to "chemicals."
WAC 296-800-17020 Make sure that MSDSs material safety data sheets are readily accessible to your employees.

Title now reads:

"Make sure that MSDSs material safety data sheets are readily accessible to your employees."
Note now reads:
"Note:

Electronic access (such as computer or fax), microfiche, and other alternatives to maintaining paper copies of the ((material safety data sheets)) MSDSs are permitted as long as they do not create barriers to immediate employee access in each workplace.
Barriers to immediate access of electronic ((material safety data sheets)) MSDSs may include:

-Power outages.

-Equipment failure.

-System delays.

-Deficient user knowledge to operate equipment.

-Location of equipment outside the work area.

Solutions to eliminating these and other possible barriers to access may require the availability of back-up systems, employee training, and providing access equipment in the work areas.

Material safety data sheets MSDSs must also be made readily available, upon request, to designated representatives and to the director or his/her designee the department in accordance with the requirements of Access to MSDSs material safety data sheets (MSDSS) as exposure records, WAC 296-800-180. NIOSH (National Institute for Occupational Safety and Health) must also be given access to material safety data sheets MSDSs in the same manner."
WAC 296-800-17025, Label containers holding hazardous chemicals.

Second bullet: The rule became a note. Added the words "to be."
Second note: Replaced "material safety data sheet" with "MSDS."
Third note now reads:
"Note: You may use words, pictures, symbols or any combination to communicate the hazards of the chemical. Be sure to train your employees so they can demonstrate a knowledge of whatever the labeling system you use.

Some alternative labeling systems do not communicate target organ information, so employees the employee will have to rely on training to provide provided by the employer to obtain this information."

Fourth bullet now reads:
"Make sure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers with non-English speaking employees may use other languages in the warning information in addition to the English language."
Fourth note now reads:
"Note:

Above is an example of a labeled container. You may use a laminated or coated label, affixed to the container with a wire, to avoid deterioration of labels due to a solvent, such as acetone.

Employers with non-English speaking employees may use other languages in the warning information in addition to the English language."

Fifth bullet now reads:

"Make sure if the hazardous chemical is regulated by WISHA or OSHA in a substancespecific health standard rule, you must make sure that the labels or other forms of warnings used are used in according accordance to those rules with the requirements of that standard. For Examples include: Asbestos, WAC 296-62-07721(6) Formaldehyde, WAC 296-62-07540 (13)(c)."

WAC 296-800-17030 Inform and train your employees about hazardous chemicals in your workplace.

First bullet: Change the word "standard" to "rule." Add the word "MSDSs."
Fifth bullet: Delete the words "of Labor and Industries."
Note now reads:
"Interactive computer-based training or training videos can be used when provisions are made to: provided they are effective.
Allow trainees to ask questions of a qualified trainer.
Provide trainees of sufficient hands-on experience.
Incorporate relevant site-specific information.
Second note: Replaced the words "Material Safety Data Sheets" with "MSDSs."
WAC 296-800-17035 Follow these rules for laboratories using hazardous chemicals.

First bullet now reads:
"(1) Make sure that labels on incoming containers of hazardous chemicals are in place and readable.

(2) Maintain material safety data sheets (MSDS) received with incoming shipments of hazardous chemicals and make them available to laboratory employees when they are in their workareas.

(3) Provide laboratory employees with information and training as described in: "Inform and train your employees about hazardous chemicals in your workplace," WAC 296-800-17030, except for the part about the location and availability of the written chemical hazard communication program."

WAC 296-800-17040 Follow these rules for handling chemicals in factory-sealed containers.

First paragraph now reads:
"Make sure where employees This applies to situations where employees only handle chemicals in factory-sealed containers that are not opened under normal use (such as those found in marine cargo handling, trucking, warehousing, or retail sales), you must comply with the following:

You must:

(1) Make sure that labels on incoming containers of hazardous chemicals are in place and readable.

(2) Keep or obtain material safety data sheets.

Keep any MSDS that are received with incoming shipments of the sealed containers of hazardous chemicals.
If a factory-sealed container of hazardous chemicals comes without a MSDS, obtain a MSDS one as soon as possible, if an employee requests it.
(3) Make sure that the MSDSs are readily accessible during each work shift to employees when they are in their work area(s).

(4) Provide employees with information and training in WAC 296-800-17030.* Inform and train your employees about hazardous chemicals in your workplace, to protect them in case of a hazardous chemical spill or leak from a factory-sealed container. Exemption: You do not have to cover the location and availability of the written chemical hazard communication program."

WAC 296-800-17045 Translate certain chemical hazard communication documents upon request.

First bullet: Replace the word "MSDS" with "material safety data sheet." Replace the word "standard" with "rule."
WAC 296-800-17050 Attempt to obtain a material safety data sheet (MSDS) upon request.

First bullet now reads:
"Upon receipt of an employer's written request for a MSDS material safety data sheet, attempt to obtain the MSDS from the chemical manufacturer, importer, or distributor. When the department receives the MSDS, it the department must forward a copy of it to the purchaser at no cost. Priority for this service will be given to small employers. Small business employers will be given priority for this service."
WAC 296-800-17055 Items or chemicals exempt from this rule, and exemptions from labeling.

In the description of any consumer product or hazardous substance: Delete the words "as those terms are."
In the description of any hazardous waste: Delete the words "as such term is." Replace the word "standard" with "rule."
In the description of any hazardous substance: Delete the words "as such term is."
In the description of wood or wood products: Replace the word "standard" with "rule."
In the description of articles:
- Replaced the word "e.g." with "for example" and "such as."

- Replaced the word "mean" with "meaning."

- Added the word "and."

In the description of food and alcoholic beverages: Delete the parenthesis.
In the description of any drug: Delete the words "as that term is." Replace the word "e.g." with "for example."
In the description of any pesticide: Delete the words "as such term is."
In the description of any chemical substance or mixture: Delete the words "as such terms are."
In the description of any food, food additive, color additive, drug, cosmetic, or medical/veterinarian device or product: Replace the word "e.g." with "for example" and delete the words "as such terms."
In the description of any distilled spirits: Delete the words "as such terms are."
In the description of any consumer product or hazardous substance: Delete the words "as those terms are." Replace the word "standard" with "rule."
WAC 296-800-180 Material safety data sheets (MSDSs) as exposure records.

Summary page: Add a note that reads:
"Note:

Access to records, WAC 296-62-052, requires the preservation and access to other exposure records including records such as workplace monitoring data and biological monitoring results in medical records. If you keep these other types of employee exposure records or employee medical records you must comply with these additional requirements.
This rule applies to every employer who maintains, makes, contracts for, of has access to MSDSs for chemicals used in their workplace.
The specific identity of a toxic substance may be withheld from a disclosable record if it is a verifiable trade secret. For trade secret requirements, see WAC 296-62-053."
Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-18005 Preserve exposure records for at least 30 years.

The title now reads:
"Preserve exposure records for at least 30 years."

The rule now reads:
"Keep material safety data sheets (MSDSs) and analysis using MSDSs for at least thirty years, (includes current, former and employers receiving transferred records). Preserve MSDSs in any form, as long as the information is not altered and is retrievable. You may keep alternative records instead of MSDSs concerning the identity of a substance. The alternative record must also be kept for thirty years and contain the following information:
- Some record of the identity (chemical name, if known) of a substance or agent.
- Where the substance or agent was used.
- When the substance or agent was used.
Preserve MSDSs in any form, as long as the information is not altered and is retrievable.
Note: Maintaining an MSDSs in an alternative form may be less work than you think. Keeping alternative records may be less work than you think. When developing your hazard communication program's list of hazardous chemicals (WAC 296-800-17010), add the "where used" and "when used" information required by this standard rule."

WAC 296-800-18010 Inform current employees of exposure records.

First bullet: Spell out material safety data sheets. Add the word "thereafter."
After the note added the words "You must."
Third bullet: Replace "assistant director for WISHA services" with "department."
WAC 296-800-18015 Provide access to exposure records.

First bullet now reads:
"Provide access, whenever requested by an employee (any current, former, or transferred worker) or their designated representative, to a relevant exposure record such as material safety data sheets (MSDSs) or their alternative, or analysis using MSDSs or their alternative:
- In a reasonable time, place, and manner.
- Within fifteen working days. If the employer cannot meet the fifteen working day this requirement, they must inform the requesting party of the reason for the delay and the earliest date the record will be made available."
If the employer cannot meet the fifteen working day requirement, they must inform the requesting party of the reason for the delay and the earliest date the record will be made available.
Definition: A designated representative is:
&lhlsqbul; Any individual or organization to which an employee gives written authorization.
&lhlsqbul; A recognized or certified collective bargaining agent, without regard to written employee authorization.
&lhlsqbul; A deceased or legally incapacitated employee's legal representative.
Definition: &lhlsqbul; An employee is any current, former or transferred worker.
Second bullet now reads:
"Make sure the director of the department of labor and industries department has prompt access to any exposure records and related analysis. This must be done without violation of any rights under the Constitution or the Washington Industrial Safety and Health Act that the employer chooses to exercise."

WAC 296-800-18020 Transfer records when ceasing to do business.

First bullet now reads:
"Transfer all material safety data sheets (MSDSs) as exposure records to the successor employer, who must receive and preserve, or keep unchanged, these records."

Second bullet now reads:
"If there is no successor to receive and preserve the employee exposure records:

-Notify affected current employees of their rights of access to records at least 3 months prior to the cessation of the employer of the business and

-Transfer the records to the department, if required by a specific WISHA safety and health rule."

Do the following if:

There is no successor to receive and preserve the employee exposure records:

Notify affected current employees of their rights of access to records at least three months prior to the cessation of the employer's business and

Transfer the records to the director of the department of labor and industries, if so required by a specific industrial safety and health standard.

WAC 296-800-19005 Provide a safety bulletin board in your workplace.

First bullet now reads:
"Install and maintain a safety bulletin board in every fixed workplace (establishment) that has eight or more employees. Make sure the safety bulletin board is large enough to post information such as the following:
- Safety bulletins

- Safety newsletters

- Safety posters

- Accident statistics

- Other safety educational material."

WAC 296-800-20005 Post and keep a WISHA poster in your workplace.

First bullet now reads:
"Post it where employees it can easily see it be seen by employees and keep it in good condition Keep it posted and in good shape."
WAC 296-800-21005 Provide and maintain adequate lighting.

First bullet now reads:
"You must:

Provide and maintain adequate lighting for all work activities in your workplace. (See the following table)
- If general lighting is not available, you must have adequate light to see nearby objects that might be potential hazards or to see to operate emergency controls or other equipment.
Lighting Table
Activity Minimum acceptable average lighting level in an area: Any one single measurement used to determine the average lighting level. *cannot be less than:
(Foot-candles) (Foot-candles)
Indoor task 10 5
Outdoor task 5 2.5
Nontask

activities for

both indoor

and outdoor

3 1.5
* Lighting levels must be measured at thirty inches above the floor/working surface or at the task.
You must:

Have adequate light for employees to see nearby objects that might be potential hazards or to see to operate emergency controls or other equipment, if general lighting is not available.
Note: -Lighting levels can be measured with a light meter.
-Conversion information: 1 foot-candle .=1 lumen incident per square foot .=10.76 lux."
WAC 296-800-220 Housekeeping, drainage, and storage.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
Summary page: Add a note that reads:
"Note: The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book."

WAC 296-800-22005 Keep your workplace clean.

Added the word "orderly."
WAC 296-800-22010 Sweep and clean your workplace to minimize dust.

Title now reads: "Sweep and clean your workplace in a way that to minimizes dust."
First bullet now reads:
"Sweep and clean your workplace in a way that minimizes dust in the air as much as possible."

Second bullet now reads:
"When practical, clean after hours so that your employees are not exposed to dust in the air on the job Sweep and clean your workplace in a way that minimizes dust in the air as much as possible."

WAC 296-800-22015 Keep your workplace free of obstacles that would interfere with cleaning.

Title now reads: "Keep your workplace free of obstacles that would interfere with cleaning."
Incorporated second bullet into first bullet that now reads:
"Keep your workplace clear of obstructions such as nails, splinters, and loose boards and unnecessary holes and openings to make cleaning easier and more effective."
Get rid of unnecessary holes and openings.
WAC 296-800-22020 Control pests in your workplace.

Added a note that reads:
"By handling dead or live pests including waste products, attached parasites and other contaminated materials, your employees may be exposed to certain health risks. These risks include, but are not limited to: Hanta virus, rabies, lyme disease and psittacosis. Contact your local L&I office (see resources section of this book) or the public health department for more information about health risks and proper pest handling and disposal techniques.
"Workplace" includes storage areas."
WAC 296-800-22022 Make sure floors are maintained in a safe condition.

The language in this section is moved from WAC 296-800-27010 and reads:
"Make sure floors are maintained in a safe condition.

You must:

Make sure floors are kept free of debris. This includes:
- Buildings
- Platforms
- Walkways and driveways
- Storage yards
- Docks
Use a nonslip coating on all polished floors."
WAC 296-800-22025 Keep your workroom floors dry, when practical.

First bullet now reads:
"Do the following to help keep your employees dry if wet processes are used in your you workplace workarea:

- Maintain drainage away from the workarea workplace; and

Provide false floors, platforms, or other dry places where employees can stand, where practical or provide appropriate waterproof footgear." where practical or appropriate for your workplace.

WAC 296-800-22035 Store things safely.

Third bullet: Add the words "or more."
WAC 296-800-230 Drinking water, bathrooms, washing facilities, and waste disposal.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-23005 Provide safe drinking (potable) water in your workplace.

This section now reads:
"(1) Provide safe drinking (potable) water for employees for:

- Drinking

- Washing themselves

- Personal service rooms

- Cooking

- Washing premises where food is prepared or processed of food preparation or processing premises

- Washing food, eating utensils, or clothing

(2) Containers and dispensers.

Make sure your movable, or portable, drinking water dispensers are:
- Capable of being closed

- Kept in sanitary condition

- Equipped with a tap

Prohibit the Not use of open containers such as barrels, pails, and tanks from which employees must dip or pour drinking water, even if the containers have covers.
(3) Not allow Prohibit employees to use from using shared drinking cups or utensils.

Definition: Potable water: Water that you can safely drink that meets specific safety standard prescribed by the United State Environmental Protection Agencies National Interim Primary Drinking Water Regulations, published in 40 C.F.R. Part 141, and 40 C.F.R. 147.2400."

WAC 296-800-23010 Clearly mark the water outlets that are not fit for drinking (nonpotable).

First bullet: Numbered (1).
Second bullet now reads:
"Not Prohibit the use of nonpotable water that could create unsafe conditions such as concentrations of chemicals, for example lead or chlorine, fecal coliform bacteria, or other organisms substances."

Note: Added the word "Cleaning."
WAC 296-800-23015 Make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems.

Title now reads:
"Make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems."

Added a bullet that reads: "You must: Make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems."
WAC 296-800-23020 Provide bathrooms for your employees.

First bullet: Numbered (1).
Third bullet: Numbered (2).
Fourth bullet: Numbered (3).
WAC 296-800-23025 Provide convenient, clean washing facilities.

First and second bullet: Replaced the word "bathroom" with "washing facilities."
Third bullet now reads:
"Near the sinks and basins provide, individual paper or cloth hand towels; or individual sections of clean continuous cloth toweling; or warm air blowers for drying hands, in a location near the sinks and basins."

WAC 296-800-23030 Keep containers used for garbage or waste in a sanitary condition.

This section now reads:
"Not allow garbage to leak out of your waste container.

&lhlsqbul; Be able to thoroughly clean your waste container.

&lhlsqbul; Have a solid, tight fitting cover on your waste container, unless it can be maintained in a sanitary condition without a cover.

Do the following to maintain your waste containers:

-Do not allow garbage to leak out of the containers

-Be able to thoroughly clean the containers

-Make sure containers have tight fitting covers (unless you can keep them sanitary without)."

Note: If you can demonstrate that you keep your waste container(s) clean, they do not have to meet these the requirements."

WAC 296-800-23035 Remove garbage and waste in a way that does not create a health hazard.

First bullet: Removed two commas.
WAC 296-800-240 Environmental tobacco smoke in the office.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
WAC 296-800-24005 Control tobacco smoke in your building.

Title now reads:
"Control the tobacco smoke in your building."

This section now reads:
"Exemption: The minimum criteria specified in this rule do not apply to outdoor structures provided for smokers such as gazebos or lean-tos.

You must:

Prohibit smoking in your office work environment or
Restrict smoking inside your office work environment to designated enclosed smoking rooms that meet the following specific minimum criteria:

- The minimum criteria for employee smoking rooms is as follows:

-Identify smoking rooms clearly with signs.

-Make sure the designated smoking rooms are not in common areas, such as:

-Places where nonsmoking employees are required to work or visit

-Restrooms

-Washrooms

-Hallways

-Stairways

-Cafeterias/lunchrooms

-Meeting rooms

Make sure that no employee is required to enter a designated smoking room while someone is smoking there.
Conduct cleaning and maintenance work in designated smoking rooms when smokers are not present.
You must: Ventilate designated smoking rooms at a rate of at least 60 cfm cubic feet per minute per smoker (calculated on the basis of the maximum number of smokers expected during the course of a normal working day), which can be supplied by transfer air from adjacent areas.
Maintain, at all times, enough negative air pressure in designated smoking areas to prevent smoke from migrating into nonsmoking areas, at all times.
Operate a separate mechanical exhaust system in designated smoking rooms, This is to make sure that the exhausted air moves directly outside, and does not recirculate into nonsmoking areas.
Prohibit use of the designated smoking room, if the mechanical exhaust system is not working properly, until repairs are completed.
Note: This ventilation rate is recommended for occupancies of no more than seven people for every 100 square feet of net occupied space in the designated smoking room."

WAC 296-800-24010 Control tobacco smoke that comes in from the outside.

Title now reads:
"Control tobacco the smoke that comes in from the outside."

WAC 296-800-250 Stairs and stair railings.

Note: Add a note that reads:
"Note: The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book."

Exemptions now reads:
"Stairs used exclusively for fire exit purposes
Construction operations (See WAC 296-24-76503 for the specifications for safe design and construction of fixed general industrial stairs)
Private buildings or residences
Articulated stairs (for example, stairs used at a marina)
Nonindustrial and "Monumental" are excluded as they are not "industrial" stairs; however, when public and private building steps are located at loading or receiving docks, in maintenance areas, etc., or are used exclusively by employees, the requirements of this rule must apply."
WAC 296-800-25005 Provide fixed stairs where required.

Second bullet: Moved some of this language and added it to the note that reads:
"You could use a spiral stairway as an exit route in a restricted area that lacks room for a conventional stairway."

Definition section: Definition of a riser now reads:
"A riser is the vertical part of the step at the back of a tread that rises to the front of the tread above."

WAC 296-800-25010 Provide stairs that minimize hazards.

First bullet: Numbered (1).
Second bullet: Numbered (2).
Third bullet now reads:
Provide a stairway platform, if doors or gates open directly on a stairway.

The platform must be at least 20 inches wide when the door swings open.

"(3) Provide a platform where doors or gates open directly on a stairway. The swing of the door must not reduce the effective width of the platform to less than 20 inches."

"Note: To see all of the standards rules for building fixed stairs, refer to WAC 296-24-75011 and 296-24-765 of the General safety and health standard."

WAC 296-800-25015 Provide handrails and stair railings.

Exemption: Replace the word "requirement" with "rules."
Definition: Definition of handrail now reads:
"Handrails is a single bar or pipe on brackets from a wall or partition to provide a continuous handhold for persons using a stair."

Note: Replace the word "standard" with "rule."
WAC 296-800-26005 Guard or cover floor openings and floor holes.

First bullet now reads:
"You must:

(1) Guard stairway floor openings, temporary floor opening and floor holes.

A railing must Protect all stairway floor openings with a railing. The railing must protect all open sides except the stairway entrance side.
Use a hinged cover and a removable railing where traffic across an infrequently used stairway floor opening prevents the installation of a fixed railing. You must use a hinged cover and removable railing. This removable railing must protect all open sides except the stairway entrance side.
Protect temporary floor openings must be protected by either a railing or by a person who constantly attends the opening.
Guard floor holes.
When a floor hole cover is not in place, the hole must be protected by a removable railing or constantly attended by someone.
Protect exposed floor holes into which a person can accidentally walk must be protected by either:
A railing with a toeboard on all open sides or
A floor hole cover of standard strength and construction that can be hinged in place. When a floor hole cover is not in place, the hole must be protected by a removable railing or constantly attended by someone.
Provide covers for floor openings and floor holes. Floor opening covers may be of any material that has a safety factor of 4, or is strong enough to hold up to 4 times the intended load. Covers that do not project more than 1 inch above the floor level may be used providing all edges are beveled (slanted) to prevent tripping. All hinges, handles, bolts, or other parts of a cover must set flush with the floor or cover surface.
(2) To Prevent tools and materials from falling through, a floor hole. The floor hole must be protected by a cover that leaves an opening no more than one inch wide and is securely held in place. This applies only to floor holes that persons cannot accidentally walk into on account of fixed machinery, equipment, or walls."

WAC 296-800-26010 Protect open-sided floors and platforms.

Deleted definition of "open-sided floor."
Definition: An open-sided floor is any floor or platform four feet or more above adjacent floor or ground level that is not enclosed.

First three bullets now read:
(1) "Guard open sided floors and platforms

Guard open-sided floors and platforms 4 feet or more above adjacent floor or ground level by a railing. The entrance to a ramp, stairway, or fixed ladder does not need a railing.
Guard open-sided floors, walkways and platforms above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units, and other similar hazards, regardless of height with a railing and toeboard.
Note:
Where the guarding requirements rules above do not apply because employee are exposed exposure to falls is infrequent (not on other than a predictable and regular basis), you must comply with the personal protective equipment (PPE) requirements rules (WAC 296-800-160) or other effective fall protection must be provided.
You can find the minimum requirements for standard railings of various types of construction in WAC 296-24 800-75011.
You must:

(2) Make sure tools and loose materials are not left on overhead platforms and scaffolds."

WAC 296-800-270 Workplace structural integrity.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
Note: Add a note that reads:
"Note: The introduction has important information about fire, building and electrical codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to fire building and electrical codes" in the introduction section of this book."

WAC 296-800-27005 Do not overload floors or roofs.

Added the word "Do" to the title of this section.
Replaced the words "Not load" with "Prohibit overloading."
WAC 296-800-27010 Make sure that floors are safe.

Second bullet now reads:
" Make sure floors are of substantial construction and kept in good repair and free of debris. This includes floors of:
- Buildings

- Platforms

- Walks and driveways

- Storage yards

- Docks

Third bullet: Delete this bullet.
"Use a non-slip coating on all polished floors."

Fourth bullet: Add language from WAC 296-800-27015.
"Make sure that structures are designed, constructed, and maintained to provide a safety factor of 4 times the imposed maximum strain.

- If you notice bowing, cracking, or other indications of excessive strain on a structure, you must take action to make sure it is safe.

- Note: This rule applies to all buildings or those that have had complete or major changes or repairs built after 5/7/74."

WAC 296-800-27015 Make sure that structures provide a safety factor of 4. This section is deleted and incorporated into WAC 296-800-27010.

WAC 296-800-2701520 Make sure floors can support equipment that moves or has motion Post approved load limits (weight limits) for floors.

Added the word "fixed."
Change WAC number from WAC 296-800-27020 to 296-800-27015.
WAC 296-800-2702520 Post approved load limits (weight limits) for floors.

Change WAC number from WAC 296-800-27025 to 296-800-27020
WAC 296-800-280 Electrical.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
Note: Add a note that reads:
"Note: The introduction has important information about fire, building and electrical codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to fire, building and electrical codes" in the introduction section of this book."

WAC 296-800-28010 Make sure all electrical equipment is used for its approved or listed purpose.

Definition of electrical outlets now reads:
"Electrical outlets are places on an electric circuit where power is supplied to equipment through receptacles, sockets and outlets for attachment plugs."

WAC 296-800-28020 Make sure electrical equipment that is not marked is not used.

The title now reads:
"Make sure electrical equipment that is not marked by the manufacturer can not be is not used.

You must:

Make sure manufacturer markings are durable and appropriate to the environment. appropriate markings include:
Provide Appropriate markings which include:
- The manufacturers' name.

or

- Trademark.

or

- The organization responsible for the product.

and

- Voltage, current and wattage or other ratings as necessary."

WAC 296-800-28025 Maintain electrical fittings, boxes, cabinets, and outlets in good condition.

First through fifth bullet: Numbered (1) and titled "Do the following to covers and openings."
Sixth bullet: Numbered (2) and replace the word "that" with "which."
Added "ft." to table and titled the table "Work clearance table."
WAC 296-800-28030 Maintain all flexible cords and cables in good condition and use safely.

Note: Added the words "a type of."
First bullet: Numbered (1) and titled "Perform visual inspections." Replaced the words "Visually inspect" with "on."
Second bullet: This is now an exemption that reads:
"Exemption: You do not need to visually inspect portable cord- and plug-connected equipment and extension cords that which stay connected once in place and are not exposed to damage do not need visual inspection until they are moved."

Second through tenth bullet: Numbered (2) and titled "Make sure flexible cords and cables are used as described."
Second bullet reads:
"And remove from service any defective or damaged cord until repaired and tested."
Note: Added a note that now reads:
"Note: Extension cords (flexible cord sets) may be used on a temporary basis if you follow the rules described in the temporary use section WAC 296-800-28030(3)."
Fourth bullet: Moved this bullet to the second bullet.
"Remove from service any defective or damaged cord until repaired and tested."
Sixth bullet: Moved this bullet to the eighth bullet.
"Make sure insulation on flexible cords, extension cords and cables is intact."
Eighth bullet now reads:
"Make sure insulation on flexible cords, extension cords and cables is intact."
Tenth bullet: Added this bullet and it now reads:
"Prohibit your employees from using wet hands to plug or un-plug equipment or extension cords if the equipment is energized."
Eleventh and twelfth bullets: Numbered (3), titled "Provide the following for temporary use," and rearranged.
WAC 296-800-28035 Guard electrical equipment to prevent your employees from electrical hazards.

Title now reads:
Prevent your employees from coming into contact with live electrical parts.

"guard electrical equipment to prevent your employees from electrical hazards."

Second bullet: Numbered (1) and incorporated this bullet into the second sub-bullet under the first bullet that reads:
"By location in a room, vault, or similar enclosure that is accessible only to employees qualified to work on the equipment. Entrances to rooms and other guarded locations containing exposed live parts must be marked with conspicuous warning signs forbidding unqualified persons to enter."

Third bullet: Numbered (3) that reads:
"In locations where electric equipment would be exposed to physical damage, enclosures or guards shall be so arranged and of such strength as to prevent such damage."

Fifth bullet: Numbered (2).
WAC 296-800-28040 Make sure electrical equipment is effectively grounded.

The title now reads:
"You must make sure electrical equipment is effectively grounded"

"Make sure electrical equipment is effectively grounded."

Note: Note now reads:
"An approved system of double insulation can be used instead of grounding listed or labeled portable tools and appliances. If such a system is used, the equipment must be distinctly marked. Grounding can be achieved by: Using tools and appliances equipped with an equipment grounding conductor (three-pronged plug and grounded electrical system)."

WAC 296-800-28045 Make sure electrical equipment has overcurrent protection.

Seventh bullet: Deleted the words "that to."
WAC 296-800-290 Portable ladders: Metal and wooden.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
Exemption: Added the words "other special ladders" to the list.
Note: Add a note that reads:
"For design and construction requirements for wood and metal ladders, see WAC 296-24-780 and 296-24-79503 of the General safety and health standard."

WAC 296-800-29005 Inspect your portable metal ladders periodically.

First and second bullet now reads:
"Immediately inspect a portable metal ladder if it tips over look at:
- Tips over.
- Is exposed to oil or grease.
- Is exposed to excessive as in the case of fire.
- Is subjected to certain acids or alkali solutions.
The rails for dents, bends or dented rungs.

All the rungs to side rail connections.

The hardware connections.

Rivets for shear damage.

If it tips over, look at:
- The rails for dents, bends or dented rungs.
- All the rungs to side rail connections.
- The hardware connections.
- Rivets for shear damage."
WAC 296-800-29010 Make sure your portable metal ladders are kept in good condition.

Fourth bullet now reads:
"Properly support your ladder while transporting on vehicles. To prevent chafing and the effects of road shock, use supports that are made of material softer than the metal ladder, such as hard wood or rubber-covered iron pipe. Tying the ladder to each support point will greatly reduce damage due to road shock."

Note: Second bullet in the note was moved to the summary page of this rule.
WAC 296-800-29015 Use your portable metal ladders safely.

First bullet now reads:
"(1) Use metal ladders only for their intended purpose."

Make sure a non self supporting portable ladder is set at a safe angle at 75 1/2 degrees, for maximum balance and strength.

Second bullet: Numbered (2).
Third bullet: Numbered (3).
Fourth bullet: Numbered (4).
Fifth bullet: Numbered (5).
Sixth bullet now reads:
"(6) Make sure a nonself-supporting ladder is set at a safe angle. of 75 1/2 degrees, for maximum balance and strength. The proper angle is to place the base a distance from the vertical wall equal to one-fourth the working length of the ladder."

WAC 296-800-29025 Make sure your portable wooden ladders are kept in good condition.

First bullet: Added a sub-bullet that reads:
"Safety feet and other auxiliary equipment are kept in good condition."

Third bullet: Deleted this bullet.
"Make sure that where the top of the ladder rests is reasonably rigid and strong enough to support the load."

Fourth bullet: Deleted this bullet.
"Make sure safety feet and other auxiliary equipment are kept in good condition."

WAC 296-800-29030 Use your portable wooden ladders safely and for their intended purpose.

This section now reads:
"(1) Use the appropriate length of ladder.

Use single ladders less than or equal to 30 feet long.
Use 2-section extension ladders less than or equal to 60 feet long.
(2) Make sure ladders meet the following rules:

Shorter sections can not be spliced to make longer sections.
Ladders can be made by fastening cleats across a single rail.
(3) Use ladders safely.

Make sure ladders are not used as guys, braces, or skids.
Putting ladders on boxes, barrels or other unstable to make the ladder taller is not allowed.
Make sure ladders are not used in a horizontal position.
(4) Make sure that rung and cleat ladders are set up at a safe angle. (See note and illustration on Safe Ladder Angle in WAC 296-800-29015.)

(5) Make sure that where the top of the ladder rests is reasonably rigid and strong enough to support the load.

(6) Place the bottom of a portable wooden ladder so it will not slip, or the bottom must be tied or held in position.

(7) Not place a portable wooden ladder in front of doors that open towards the ladder, UNLESS you:

Block the door open, or
Lock the door, or
Guard the door to keep it from opening into the ladder
(8) Make sure 2-section extension ladders overlap as follows:

Length of section of extension ladders (feet) Minimum overlap allowed (feet)
Less than 36 3
37-48 4
49-60 5
(9) Make sure ladders with metal reinforced rails are used with the reinforcement on the under side to avoid hazards such as tripping and electrocution.

(10) Not place ladders in elevator shafts and hoistways, except where used by workers assigned to that type of work.

Employees must be protected from falling objects, when assigned to work on ladders in elevator shafts and hoistways
(11) Not support more than one section of plank per ladder rung.

Do not allow more than 2 persons on one section of planking at a time.
(12) Brace the ladder to reduce the spring caused by weight on the ladder.

(13) Keep shoes free and clean of greasy and slippery substances when climbing.

(14) Have both hands free to hold on to the ladder when climbing."

" Not use single ladders more than thirty-feet long.
Not use two-section extension ladders more than sixty feet long.
Not:
Splice shorter sections together to make longer sections.
Use ladders as guys, braces or skids.
Place ladders on boxes, barrels or other unstable bases to make the ladder taller.
Use ladders in a horizontal position.
Make ladders by fastening cleats across a single rail.
Make sure that rung and cleat ladders are set up at a safe angle. (See note and illustration on safe ladder angle in WAC 296-800-29015.)"

WAC 296-800-29035 When climbing portable wooden ladders safely.

This section was deleted and incorporated into 296-800-29030.
"You must:

Keep shoes free and clean of greasy and slippery substances.
Have both hands free to hold on to the ladder.
Make available separate portable wooden ladders for climbing up and climbing down, when there is heavy traffic on a ladder in building construction of more than two stories in height."
WAC 296-800-2903540 Safely use a portable wooden ladder when working more than 25 feet above the ground.

Moved this section to WAC 296-800-29035.
First bullet: Numbered (1)
Second bullet: Numbered (2)
Third bullet: Numbered (3)
Incorporated bullets four through twelve into WAC 296-800-29030.
Place the bottom of a portable wooden ladder so it will not slip, or the bottom must be tied or held in position.
Not place a portable wooden ladder in front of doors that open towards the ladder, UNLESS:
- You block the door open or
- You lock the door or
- You guard the door to keep it from opening into the ladder
Make sure 2-section extension ladders overlap as follows:
Length of section of extension ladders (feet) Minimum overlap allowed (feet)
Less than 36 3
37-48 4
49-60 6
Make sure ladders with metal reinforced rails are used with the reinforcement on the under side to avoid hazards such as tripping and electrocution.
Not place ladders in elevator shafts and hoistways, except where used by workers assigned to that type of work.
- Employees must be protected from falling objects, when assigned to work on ladders in elevator shafts and hoistways
Not support more than 1 section of plank per ladder rung.
- Do not allow more than 2 persons on 1 section of planking at a time.
Brace the ladder to reduce the spring caused by weight on the ladder.
Have a center rail and sides that are plainly marked as "up" and "down" if you use 1 broad ladder.
Not perform work requiring eye protection, respirators, and/or pressure equipment if over 30 feet above the ground."
WAC 296-800-290405 Use wooden stepladders safely.

The title of this section reads:
"Use wooden stepladders safely."

Moved this section to WAC 296-800-29040.
WAC 296-800-300 Portable fire extinguishers.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
Note: Deleted proposed language in note and replace with:
Important:

"The following WISHA rule applies to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees. Your local fire marshall also enforces fire codes which address fire safety that are more comprehensive and may go beyond WISHA rules.

Note: The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book."

Modified exemption that reads:
"Exemptions:

You are exempt from the requirements of portable fire extinguishers if you have the following:
You have:
- A written fire safety policy that requires the immediate and total evacuation of employees from the workplace when there is a fire alarm signal,
AND
- An emergency action plan and a fire prevention plan which meet the requirements of WAC 296-24-567
AND
- Portable fire extinguishers in your workplace that are not accessible for employee use
If another WISHA rule requires portable fire extinguishers, then you must comply with these requirements.
Where extinguishers are provided but are not intended for employee use and you have an emergency action plan and a fire prevention plan (which meet the requirements of WAC 296-24-567), then only the requirements of WAC 296-800-30020 apply."

WAC 296-800-30005 Provide portable fire extinguishers in your workplace.

First bullet: Numbered (1).
Second bullet: Numbered (2)
Third bullet: Incorporated into numbered (1) and reads:
"Make sure that your portable fire extinguisher does not use extinguishing agents such as carbon tetrachloride or chlorobromomethane extinguishing agents. In addition, soda-acid foam, loaded stream, anti-freeze and water extinguishers of the inverting type shall not be recharged or placed into service."
" Make sure that your portable fire extinguisher does not use tetrachloride or chlorobromomethane extinguishing agents."
WAC 296-800-30010 Select and distribute portable fire extinguishers in your workplace.

Modified exemption that reads:
Exemption:

This does not apply to the portable fire extinguishers provided for employees to use outside of workplace buildings or structures.
You are exempt from the distribution requirements of this rule if you have an emergency action plan (that meets requirements of WAC 296-24-567):
- Which designates certain employees to be the only employees authorized to use the available portable fire extinguishers; and
- Requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm
First bullet: Added the words "you must."
Table: Added a title to the table, it reads: "Fire Extinguisher Distance Table."
Table: Added a note that reads: "You may choose to use a smaller fire extinguisher in lieu of that required for the 50 foot distance. If you do choose to have the smaller fire extinguisher the travel distance must not be greater than 30 feet. See UFC Standard 10 Chapter 3 for the basic minimum extinguisher rating allowed."
WAC 296-800-30015 Make sure that portable fire extinguishers are kept fully charged, in operable condition, and left in their designated places.

Added a bullet that reads:
"Make sure that fire extinguishers found with deficiencies are removed from service and replaced with a suitable fire extinguisher."

WAC 296-800-30020 Inspect and test all portable fire extinguishers.

Deleted second subbullet that reads:
"Make records of inspections available to the director of the department of labor and industries if requested."

First bullet-second subbullet: Changed to an exemption that reads:
"Exemption: Most stored pressure extinguishers do not require an internal examination. Examples of those that do require an internal examination are those containing a loaded stream agent."

"Stored pressure extinguishers do not require an internal examination."

Added an exemption that reads:
"Exemptions: Dry chemical extinguishers that have non-refillable disposable containers are exempt from this requirement. Manually pressurized pumptanks are exempt from this requirement."

Fourth bullet - second subbullet: Added a title to the table that reads: "the Hydrostatic Test Table."
Sixth bullet: Replace the word "requirements" with "rules regarding" and replace the word "director" with "department."
Last bullet became an exemption that read:
"Dry chemical extinguishers that have non-refillable disposable containers are exempt from requirement."

Titled the table "Hydrostatic Test Table."
Added a note after the hydrostatic test table that reads:
"Note: Stored pressure water extinguishers with fiber glass shell (pre-1976) are prohibited from hydrostatic testing due to manufacturer's recall."

WAC 296-800-30025 Train your employees to use portable fire extinguishers.

This section now reads:
"You must:

Train your employees where you have provided portable fire extinguisher for their use in:
- The hazards involved with incipient stage fire fighting (the early stage of a fire when it can be extinguished by a portable fire extinguisher)
- The general principles of fire extinguisher use
Provide the training when they are first hired and then annually.
WAC 296-800-310 Exit routes and employee alarm systems.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
Added a note that reads:
"Note: The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book."

Deleted note:
"Fire safety codes for cities and counties in the state of Washington may be more restrictive than the rules in this section. Call your local fire department for more information about the fire safety codes in your area."

WAC 296-800-31005 Provide an adequate number of exit routes.

First bullet: Added parenthesis.
WAC 296-800-31010 Make sure that exit routes are large enough.

Third bullet: Incorporated this language from WAC 296-800-31015 into this section that reads:
" Make sure an exit route is at least 6 feet 8 inches high at all points.
- Make sure objects that stick out into the exit route, such as fans hanging from the ceiling or cabinets on walls, do not reduce the minimum height and width of the exit route.
Make sure exit routes are at least 28 inches wide at all points between any handrails.
- If necessary, routes must be wider than 28 inches to accommodate the expected occupant load."
WAC 296-800-31015 Make sure that exit routes meet their specific design and construction requirements.

Third bullet: Added the words "through a fire wall."
Sixth bullet was incorporated into WAC 296-800-31010:
" Make sure an exit route is at least 6 feet 8 inches high at all points.
Make sure objects that stick out into the exit route, such as fans hanging from the ceiling or cabinets on walls, do not reduce the minimum height and width of the exit route.
Make sure exit routes are at least 28 inches wide at all points between any handrails.
If necessary, routes must be wider than 28 inches to accommodate the expected occupant load."
Sixth bullet: Incorporated from WAC 296-800-31025 that reads:
"Make sure employees are provided with stairs or a ramp, if the exit route is not substantially level."

WAC 296-800-31025 Provide unobstructed access to exit routes.

First bullet: Numbered (1).
Second bullet: Numbered (2).
Third bullet was incorporated into WAC 296-800-31015 that read:
"Make sure employees use stairs or a ramp if the exit route is not substantially level."

WAC 296-800-31040 Provide outdoor exit routes that meet requirements.

First bullet: Deleted the words "to these requirements."
WAC 296-800-31045 Minimize danger to employees while they are using emergency exit routes.

Third bullet: Deleted the words "Exit routes must."
WAC 296-800-31050 Mark exits adequately.

Fourth bullet: Added the words "and clearly indicated the direction of travel."
Fifth bullet: Replace language with:
"Not obstruct or conceal exit signs in anyway."

"Make sure decorations, furnishings, or equipment do not obscure or cover up the exit sign."

WAC 296-800-31067 Provide doors, in freezer or refrigerated rooms that open from the inside.

Title: Added the word "the" to the title. It reads:
"Provide doors, in freezer or refrigerated rooms that open from the inside."

WAC 296-800-31070 Install and maintain an appropriate employee alarm system.

Title: Replaced the word "operable" with "appropriate." It reads:
"Install and maintain an operable appropriate employee alarm system."

Third bullet - Sixth dash: Replaced the word "alerting" with "Able to alert."
Third bullet - Tenth dash: This now reads,
"Having a distinctive signal to warn Warning employees of fire or other emergencies, with a distinctive signal if they are not able to see or smell a fire or other hazard."

Third bullet - Eleventh dash: Deleted the word "Have."
Third bullet - Twelfth dash: Replaced "Use" with "Using."
Third bullet - Thirteenth dash: Replaced "Have" with "Supplied with."
Third bullet - Fourteenth dash: Deleted the word "Are."
Third bullet - Fifteenth dash: Replace the word "Have" with "supplied with a."
WAC 296-800-320 Accident reporting and investigating.

Clarified language for consistency within the rule (matched titles of rules with the summary page).
Note now reads:
"After handling medical emergencies, Call the nearest office of the department of labor and industries at 1-800-4BE-SAFE or call OSHA (Occupational Safety and Health Administration) at 1-800-321-6742, to report the incident death, probable death of any employee or the in-patient hospitalization of 2 or more employees within 8 hours, after handling medical emergencies."

WAC 296-800-32005 Report the death, or probable death of any employee, or in-patient hospitalization of 2 or more employees within 8 hours.

This section was proposed as WAC 296-800-32010.
Deleted "Report the death or probable death of any employee, or the in-patient hospitalization of 2 or more employees with 8 hours."
First bullet: Add the words "at 1-800-4BE SAFE (24 hours)." Replace the words "you can make a report to" with "contact." Deleted "(24 hours)."
First bullet - Third dash: Replaced the words "sent to the" with "admitted to the."
WAC 296-800-32010 Make sure that any equipment involved in an accident is not moved.

This section was proposed as WAC 296-800-32005.
WAC 296-800-32020 Conduct the a preliminary investigation for all serious injuries.

Title now reads:
"Assign people to Conduct a preliminary investigation for all serious injuries."

First bullet now reads:
"Make sure your preliminary investigation is conducted to evaluate the facts relating to the cause of the incident by the following people:"

First bullet - Fifth dash reads:
"Any other person who has the experience and skills to evaluate the facts relating to the cause of the incident."

This section now has the requirements from WAC 296-800-32025.
WAC 296-800-32025 Conduct a preliminary investigation.

This section was incorporated into WAC 296-800-32020. This section now has the title and requirements from WAC 296-800-32030.
WAC 296-800-32030 Document investigation findings.

This section was moved to WAC 296-800-32025. This WAC number is deleted.
WAC 296-800-330 Releasing accident investigation reports.

Grammatical errors corrected.
WAC 296-800-350 WISHA appeals, penalties, and other procedural rules.

WAC 296-800-350 through 296-800-35084 were reorganized and reads as follows:
"Your Responsibility:

This section describes actions WISHA takes during or after inspections, and your related obligation and rights. You must follow posting requirements and notify your employees of the information listed in these rules, as indicated.

You must:

WISHA INSPECTIONS AND CITATIONS

Types of workplace inspections

WAC 296-800-35002

Scheduling inspections

WAC 296-800-35004

Inspection techniques

WAC 296-800-35006

Response to complaints submitted by employees

or their representatives

WAC 296-800-35008

Citations mailed after an inspection

WAC 296-800-35010

Employees (or their representatives) can request a citation and notice

WAC 296-800-35012

Posting a citation and notice and employee complaint information

WAC 296-800-35016

CIVIL PENALTIES FOR VIOLATING WISHA REQUIREMENTS

Reasons to assess civil penalties

WAC 296-800-35018

Minimum penalties

WAC 296-800-35020

HOW CIVIL PENALTIES ARE CALCULATED

Base penalty calculations - severity and probability

WAC 296-800-35022

Severity rate determination

WAC 296-800-35024

Probability rate determination

WAC 296-800-35026

Determining the gravity of a violation

WAC 296-800-35028

Base penalty adjustments

WAC 296-800-35030

Types of base penalty adjustments

WAC 296-800-35032

Maximum base penalty amount

WAC 296-800-35038

Reasons for increasing civil penalty amounts

WAC 296-800-35040

CERTIFY THAT VIOLATIONS HAVE BEEN ABATED

Employers must certify that violations have been abated

WAC 296-800-35042

For willful, repeated, or serious violations, submit additional documentation

WAC 296-800-35044

Submitting correction action plans

WAC 296-800-35046

Submit progress reports to the department, when required

WAC 296-800-35048

WISHA determines the date by which abatement documents must be submitted

WAC 296-800-35049

Inform affected employees and their representatives of abatement actions you have taken

WAC 296-800-35050

Tag cited moveable equipment to warn employees of a hazard

WAC 296-800-35052

REQUESTING MORE TIME TO COMPLY

You can request more time to comply

WAC 296-800-35056

WISHA's response to your request for more time

WAC 296-800-35062

Post the department's response

WAC 296-800-35063

A hearing can be requested about the department's response

WAC 296-800-35064

Post the department's hearing notice

WAC 296-800-35065

Hearing procedures

WAC 296-800-35066

Post the hearing decision

WAC 296-800-35072

REQUESTING AN APPEAL OF WISHA CITATIONS AND CORRECTIVE NOTICES

Employers and employees can request an appeal of a citation and notice

WAC 296-800-35076

Await the department's response to your appeal request

WAC 296-800-35078

Department actions when reassuming jurisdiction over an appeal

WAC 296-800-35080

Appealing a corrective notice

WAC 296-800-35082

Notify employees

WAC 296-800-35084


WISHA INSPECTIONS AND CITATIONS

WAC 296-800-35002 Types of workplace inspections.

WISHA conducts the following types of inspections:
- Programmed inspections of hazardous workplaces. WISHA identifies hazardous workplaces using objective criteria and inspection-scheduling systems that may look at any of the following factors:
Type of industry
Available data of injuries and illnesses where an inspection might eliminate the hazards causing them
Employer's industrial insurance experience
Number, type, and toxicity of contaminants in the workplace
Degree of exposure to hazards
Number of employees exposed
Other factors, such as history of employee complaints
WISHA periodically reviews the scheduling systems and may adjust the factors used and/or the weight given to each factor
- Routine programmed inspections in the following high hazard industries:
Agriculture
Asbestos renovation and demolition
Construction
Electrical utilities and communications
Logging
Maritime
- Unprogrammed inspections of workplaces that may be in violation of WISHA safety or health rules or chapter 49.17 RCW, the Washington Industrial Safety and Health Act. Unprogrammed inspections may result because of:
Complaints from employees, former employees, or employee representatives who believe they have been exposed to a hazard because of a violation
Referrals from anyone who reasonably believes that workers under WISHA jurisdiction are being or have been exposed to a hazard because of a violation
- Workplace deaths and serious injuries or illnesses investigations to determine if they were caused by a violation of safety and health rules or chapter 49.17 RCW, the Washington Industrial Safety and Health Act. WISHA may also initiate comprehensive inspections based on such investigations
- Imminent danger of serious injury or death inspections when there is a reason to believe that employees may be in imminent danger of serious injury or death
- Follow-up inspections at later dates to verify that you have corrected any hazards identified in a citation
WAC 296-800-35004 Scheduling inspections.

WISHA distributes staff performing inspections as efficiently as possible to ensure maximum protection for workers.
WAC 296-800-35006 Inspection techniques.

During an inspection, WISHA staff may:
- Take samples, photographs, videotapes, or audiotapes

- Conduct tests

- Ask employees to wear sampling devices

- Conduct interviews

- Privately question, on or off the worksite, any:

Employer
Employer representative
Owner
Operator
Employee
Employee representative
- Employ any other reasonable investigative techniques

WAC 296-800-35008 Response to complaints submitted by employees or their representatives.

When an employee or their representative has filed a complaint, WISHA will:
- Remove the name of the person submitting the complaint and the names of any employees identified in the complaint before giving a copy of the complaint to an employer, unless the person filing the complaint gives WISHA written permission to release the names involved

- Give a copy of the citation and notice to the employee (or their representative) who submitted the complaint, or explain to them why an inspection was not conducted

- Review any department decision refusing to inspect or cite violations alleged in a complaint, if requested in writing

- Notify the person in writing of the review results. If the person requesting the review is not satisfied with the results, they may request a second review by the department

WAC 296-800-35010 Citations mailed after an inspection.

After an inspection or an investigation, WISHA will mail a citation to you within 6 months following the inspection or investigation
The citation will include
- A description of any violations found

- The amount and type of assessed penalties

- The length of time given to correct the violations

If no violations are found, WISHA will normally send you a citation and notice indicating that no violations were found
Note:

Copies of WISHA Safety and Health Inspection Reports can be requested. The request should be mailed to:
DEPARTMENT OF LABOR AND INDUSTRIES

PUBLIC DISCLOSURE UNIT

BOX 44632

OLYMPIA WA 98504-4632

You can also contact your local Labor and Industries field office for information on requesting copies of inspection reports (see the resources section of this book).
WAC 296-800-35012 Employees (or their representatives) can request a citation and notice.

Employees or their representatives may request copies of citation and notices issued to the employer
- Complete the Request for Copy of Citation and Notice form, and mail it to:

DEPARTMENT OF LABOR AND INDUSTRIES

STANDARDS AND INFORMATION

BOX 44638

OLYMPIA WA 98504-4638

Note:

To obtain a copy of the Request for copy of Citation and Notice form, call 360-902-5534, or contact your local Labor and Industries office (see the Resources section for a complete list of the offices).

If you submit this form, you will receive all citation and notices issued to that employer for the next 12 months.
- When the department approves the request for a copy of a citation and notice, WISHA will indicate the date the application is approved, and the date it expires. Once approved, your application is valid for one year. Once expired, a one-year extension may be requested.

- You can waive the one-year period when you make your initial request.

- If more than one employee representative requests a copy of the same citation and notice, the department may decide which person will receive the copy of the citation and notice.

Note: The department can deny requests for copies of citation and notices if the person filing the request is not an employee representative.

WAC 296-800-35016 Posting a citation and notice & employee complaint information.

You must:

Immediately notify your employees of a citation and notice by posting them and/or any correspondence related to an employee complaint on the safety bulletin board for 3 working days, or until all violations have been corrected, whichever is longer.
Use any other appropriate means to notify employees who cannot receive notices posed on the safety bulletin board; for example, a copy to authorized employee representatives or the safety committee, or copies sent electronically.

CIVIL PENALTIES FOR VIOLATING WISHA REQUIREMENTS

WAC 296-800-35018 Reasons to assess civil penalties.

WISHA may assess civil penalties when a citation and notice is issued for any violation of health and safety rules, or statutes found during an inspection.
WISHA will assess civil penalties:
- When a citation for a serious violation is issued.

- Under other circumstances specified by statute (such as RCW 49.17.180, 49.26.016, 49.17.177, 49.70.190).

Civil penalties promote compliance, encouraging employers to correct violations before an inspection takes place and avoiding the risk of receiving a penalty assessment. Civil penalties help promote a level playing field for employers complying with the rules by assessing penalties for those who do not comply.
WAC 296-800-35020 Minimum penalties.

The minimum penalty amounts assessed by WISHA are:
- $100 for any penalty

- $5,000 per violation for all willful violations


HOW CIVIL PENALTIES ARE CALCULATED

WAC 296-800-35022 Base penalty calculations -- Severity and probability.

Except for specific penalty amounts that are dictated by statute, WISHA calculates the base civil penalty for a violation by evaluating:
- The severity of the injury, illness, or disease that could result from the alleged hazard

- The probability that an injury, illness, or disease could occur as a result of the alleged hazard

WAC 296-800-35024 Severity rate determination.

Severity describes how serious an injury, illness, or disease might be because of a hazardous condition. Severity ratings are based on the most serious injury, illness, or disease that could be reasonably expected to occur because of a hazardous condition (see Table 1).
Severity ratings are expressed in whole numbers and range from 1 (lowest) to 6 (highest). A violation with a severity rating of 4, 5, or 6 is considered to be a serious violation.
Table 1: Severity Ratings
Severity Most serious injury, illness, or disease likely to result in:
6 Death from injury, illness or disease; injuries involving permanent severe disability; chronic, irreversible illness.
5 Permanent disability of a limited or less severe nature, injuries or reversible illnesses resulting in hospitalization.
4 Injuries or temporary, reversible illnesses resulting in serious physical harm (but less than 5 or 6 above) and may require removal from exposure or supportive treatment without hospitalization for recovery.
3 Injuries or illness would probably not cause death or serious physical harm, but violations have at least major impact and an indirect relationship to serious injury, illness or disease. Violations could have direct and immediate relationship to safety and health of employees. No need for medical treatment beyond first aid.
2 Nonserious or general violations of minor impact, including violations that have an indirect relationship to nonserious injury, illness or disease. No injury, illness or disease without additional violations.
1 No injury, and not likely to result in injury in the presence of other violations.
WAC 296-800-35026 Probability rate determination.

Probability refers to the likelihood of an injury, illness or disease occurring, and is expressed in whole numbers ranging from 1 (lowest) to 6 (highest). Probability does not change severity.
When determining probability, WISHA considers the number of employees affected and other factors, depending on the situation. Other factors may include
- Frequency of employee exposure

- Instances (number of times the same violation occurs in the workplace)

- How close an employee is to the hazard

- Weather and other working conditions

- Employee skill level

- Employee awareness of the hazard

- The pace, speed, and nature of the task or work

- Use of personal protective equipment

- Amount of exposure (for health violations)

- Other mitigating or contributing circumstances

WAC 296-800-35028 Determining the gravity of a violation.

WISHA calculates most base penalties by assigning a weight to a violation. This weight is called "gravity." Gravity is calculated by multiplying a violation's severity by its probability. Expressed as a formula, gravity is:
Gravity = Severity x Probability
Unless a particular rule establishes penalty amounts for specific violations, WISHA uses Table 2 to determine the dollar amount for each base penalty
Table 2: Penalty Amount Using Gravity
Gravity Base Penalty
1

2

$100

$200

3

4

$300

$400

5

6

$500

$1000

8

9

$1500

$2000

10

12

$2500

$3000

15

16

$3500

$4000

18

20

$4500

$5000

24

25

$5500

$6000

30

36

$6500

$7000

WAC 296-800-35030 Base penalty adjustments.

WISHA may adjust an employee's base penalty amount because of the employer's good faith effort, size, and compliance history. No adjustments are made to penalty amounts specified by statute
WAC 296-800-35032 Types of base penalty adjustments.

Employer's Good Faith

An employer's good faith effort (or lack of) may justify increasing or decreasing a base penalty. No single factor determines good faith. Good faith is a reflection of an employer's:
- Effort before an inspection to provide a safe and healthful workplace for employees

- Effort to comply with a standard they have violated

- Cooperation during an inspection that is measured by a desire to comply with the cited standard and immediately correct identified hazards

WISHA uses Table 3 to adjust base penalty amounts because of good faith effort
Table 3: Good Faith Adjustments
Good Faith Rating Adjustment to Base Penalty
Excellent

Good

35% reduction

20% reduction

Average

Poor

No adjustment

20% increase

Employer's Work Force Size

WISHA may adjust base penalties due to the size of an employer's work force in the state of Washington by using Table 4:
Table 4: Size Adjustments
Number of Employees Adjustment to Base Penalty
1-25

26-100

60% reduction

40% reduction

101-250

More than 250

20% reduction

No adjustment

Employer's Compliance History

WISHA may adjust a base penalty based on an employer's history of safety and health violations in the state of Washington, using previous citations as well as injury and illness rates (see Table 5).
Table 5: History Adjustments
History Rating Adjustment to Base Penalty
Good

Average

10% reduction

No adjustment

Poor 10% increase
WAC 296-800-35038 Maximum base penalty amount.

The maximum penalty for a violation other than repeat, willful, egregious or failure-to-abate is $7,000.
WAC 296-800-35040 Reasons for increasing civil penalty amounts.

WISHA may increase civil penalties by applying a multiplier to an adjusted base penalty. Multipliers may be applied for the following reasons:
Repeat violations:

A repeat violation occurs when WISHA cites an employer more than once in the last 3 years for a substantially similar hazard.

- The 3-year period is measured from the date of the final order for each previous citation

- The adjusted base penalty will be multiplied by the total number of inspections with violations (including the current inspection with a violation) involving similar hazards

- The maximum penalty cannot exceed $70,000 for each violation

Willful violations:

A willful violation is a voluntary action done either with an intentional disregard of, or plain indifference to, the requirements of the applicable WISHA rule(s):

- For all willful violations, the adjusted base penalty will be multiplied by 10

- All willful violations will receive at least the statutory minimum penalty of $5,000

- The maximum penalty cannot exceed $70,000 for each violation

Egregious violations:

An egregious violation may be issued for exceptionally flagrant cases involving willful violations. In these cases, WISHA will issue a separate penalty for each instance of an employer failing to comply with a particular rule

Failure-to-abate violations:

A failure-to-abate violation occurs when an employer who has been cited for a WISHA violation, fails to correct the violation on time (certifying corrected violations is covered in WAC 296-800-35200 through 296-800-35270)

- The maximum penalty cannot exceed $7,000 for every day the violation is not corrected

- For a general violation with no initial penalty, the minimum failure-to-abate penalty is $1,000, with a possible adjustment for the employer's effort to comply

- For violations with an initial penalty, WISHA, based on the facts at the time of reinspection:

Will multiply the adjusted base penalty by 5, but may possibly make adjustments for the employer's effort to comply
May multiply the adjusted base penalty by the number of days past the correction date if the employer does not make an effort to comply

CERTIFY THAT VIOLATIONS HAVE BEEN ABATED

WAC 296-800-35042 Employers must certify that violations have been abated.

You must:

Certify within 10 calendar days following the correction date that you have abated each violation, unless the compliance officer indicates in your citation and notice that you have corrected the violations. Include the following:
- Your name and address

- The inspection number your written statement applies to

- The citation and item numbers your written statement applies to

- The date and method you used to abate each violation

- That you informed your affected employees and their representatives that each violation was corrected

- That the information you submitted is accurate

- Your signature or the signature of your authorized representative

WAC 296-800-35044 For willful, repeated, or serious violations, submit additional documentation.

You must:

Submit additional documentation for each willful or repeated violation supporting that abatement is completed. This documentation may include, but is not limited to:
- Evidence of the purchase, or repair, of equipment

- Photographic or video evidence of corrections

- Other written records

Submit additional documentation for a serious violation, when required by the citation and notice.
WAC 296-800-35046 Submitting correction action plans.

You must:

Submit a correction action plan within 25 calendar days from the final order date if the citation and notice requires it. Your plan must:
-Identify the violation

-List the steps you will take to correct the violation

-Include a schedule to complete the steps

-Describe how employees will be protected until the corrections are completed

Note:

The department will notify you in writing if there is anything inadequate about your plan and will work out the problems.
When determining if required documents are submitted on time, the department looks at the postmark date for documents sent by standard mail and the date received by other means, such as personal delivery or fax.
WAC 296-800-35048 Submit progress reports to the department when required.

You must:

Submit progress reports on the abatement if the citation and notice requires it, and briefly state (a single sentence is normally adequate for each violation):
- The action taken to abate each violation

- The date each action was taken

Note:

If progress reports are required, the citation and notice will include:

The items for which periodic progress reports are required,
The date when an initial progress report must be submitted (no sooner than 30 calendar days after you submit a correction plan),
Whether additional progress reports are required, and
The date(s) on which additional progress reports must be submitted.
WAC 296-800-35049 WISHA determines the date by which abatement documents must be submitted.

When determining if required documents are submitted on time, the department looks at:
- Date of postmark for documents sent by mail

- Date the department receives the documents, if transmitted by a means other than mail

WAC 296-800-35050 Inform affected employees and their representatives of abatement actions you have taken. You must:

Post a copy of each abatement action document you submit to the department (or a summary) near the place where the violations occurred, if practical.
Do the following if posting near the violation site is not practical, such as with a mobile work operation:
- Post each document (or a summary) in a location that is readily accessible by affected employees and their representatives

- Take other steps to fully communicate abatement actions to affected employees and their representatives

Make sure that:
- Notice is given to your employees and their representatives on or before the date you submit abatement information to the department

- All abatement documents remain posted for at least 3 working days after they are submitted to the department

- All posted abatement documents are not altered, defaced, or covered by other materials

Inform employees and their representatives of their right to examine and copy all abatement documents you submit to the department. If they ask to examine or copy your documents within 3 working days of receiving notice that you submitted them to the department, you have 5 days to comply with their request after receiving it.
WAC 296-800-35052 Tag cited moveable equipment to warn employees of a hazard.

You must:

Tag cited moveable equipment to warn employees of a hazard if it has not been abated.
-Attach a warning tag or a copy of the citation to the equipment's operating controls or to the cited component:

For hand-held equipment, tag it immediately after you receive a citation

For other equipment, tag it before moving it within the worksite or between worksites

-The tag should properly warn employees about the nature of the violation and tells them where the citation is posted (see the helpful tools section for a sample tag that can be used to meet this requirement)

-Make sure that the tag or copy of the citation attached to movable equipment is not altered, defaced, or covered by other materials

Make sure that the tag or copy of the citation attached to movable equipment remains attached until:
-You have abated the violation and submitted all abatement certification documents required by the department

-You have permanently removed the cited equipment from service

-You no longer have control over the cited equipment

-A final order sets aside the violation

Note:

Chapter 296-155 WAC, Safety standards for construction work and chapter 296-24 WAC, General safety and health standards have information on warning tags. You can use warning tags that meet the requirements in those rules instead of the warning tags required by this rule.


REQUESTING MORE TIME TO COMPLY

WAC 296-800-35056 You can request more time to comply.

You can request more time to comply if you:
- Have made a good faith effort to comply with a citation's abatement requirements

- Have not completed your abatement because of factors beyond your control

Requests for more time must:
- Be submitted in writing by you or your representative, and include:

- The name of your business

- The address of the workplace(s)

- Identification of the citation and the abatement date(s) you want extended

- The new abatement date and length of abatement period you are seeking

- A description of the actions you have taken to comply with the abatement date(s) in the citation

- Identification of the factors beyond your control that are preventing you from complying with the abatement date(s)

- The means you will use to protect your employees during the time you are abating the violation.

- Be received before midnight of the date you are asking to be extended

The department may accept late requests if they are:
- Received within 5 days following the applicable correction date.

- Accompanied by your written statement explaining the exceptional circumstances that caused the delay.

Note:

The department does not accept late requests when compliance activity related to the abatement starts before the request is received.

The department accepts requests by:
- First class mail postage prepaid. Mailed to:

Department of Labor and Industries

WISHA Appeals

P.O. Box 44604

Olympia, WA 98504-4604

- Personal delivery

- Fax: (360) 902-5581

WAC 296-800-35062 WISHA's response to your request for more time.

Within 5 working days of receiving your request for more time to comply, the assistant director must make a decision to approve or deny it. Before making a decision, the assistant director may conduct an investigation. Once made, the decision remains in effect unless a hearing is requested.
The assistant director must issue the following 3 notices (which can be combined into one):
- A notice verifying that your request was received, including the correction dates listed in your citation.

- A notice of your right to request a hearing on the decision and

- A notice announcing their decision.

These notices must:
&sqbul; Be signed by the assistant director,
&sqbul; Contain the date they were issued, and
&sqbul; Include the address to which a hearing request may be sent.
WAC 296-800-35063 Post the department's response. You must:

Post notices with the citation for which you are requesting additional abatement time immediately upon receipt. The notices must remain posted until:
- The abatement date has passed or

- A hearing notice is posted.

WAC 296-800-35064 A hearing can be requested about the department's response.

You, your affected employees or their authorized representative, may request a hearing if they disagree with the department's response to a request for more time to comply.
All hearing requests must be sent or delivered to the assistant director and be received at the address identified in the notice of your right to request a hearing no later than 10 calendar days after the issue date of the notice.
Upon receiving a hearing request, the assistant director will issue a notice of hearing to the requesting party and the employer at least 20 days before the hearing date. The hearing notice will:
-state that all interested parties can participate in the hearing

-set the time and date, including:

The time, place, and nature of the proceeding
The legal authority and jurisdiction under which the hearing will be held
A reference to the particular sections of the statute and rules involved
A short and clear explanation why a hearing was requested.
The employer must post the department's hearing notice or a complete copy until the hearing is held. This includes the:
- Citation containing the correction date for which more time was requested.

- Department notices issued in response to the employer's request for more time.

WAC 296-800-35065 Post the department's hearing notice. You must:

Post the department's hearing notice or a complete copy until the hearing is held. This includes the:
- Citation containing the correction date for which more time was requested

- Department notices issued in response to the employer's request for more time

WAC 296-800-35066 Hearing procedures.

The assistant director for WISHA services will appoint someone from the department to act as a hearings officer.
The hearings officer must be present at, and conduct, the hearing. An assistant attorney general may be present to give legal advice to the hearings officer.
If the hearings officer requests, the assistant attorney general may conduct the hearing.
The hearings officer may discuss the material to be presented to determine how the hearing will proceed.
The hearing must be conducted according to the Administrative Procedure Act recorded. Copies of hearing transcripts will be available to the parties, at cost, upon request.
WAC 296-800-35072 Post the hearing decision.

After the hearing, the assistant director will issue an order:
- Affirming or modifying the correction date that caused the hearing

AND

- Complying with the provisions of the Administrative Procedure Act, chapter 34.05 RCW and the practice and procedure rules, chapter 296-08 WAC.

You must:

Post a complete, unedited copy of this decision, along with the citation to which it applies, as soon as it is received.

REQUESTING AN APPEAL OF WISHA CITATIONS AND CORRECTIVE NOTICES

WAC 296-800-35076 Employers and employees can request an appeal of a citation and notice.

EMPLOYER REQUESTS

Any employer cited for a violation of WISHA safety and health rules may appeal a citation or corrective notice.
Your request must include:
-Business name, address, telephone number; and the name, address and telephone number of any person representing you.

-Citation number.

-What you think is wrong with the citation or corrective notice and any related facts.

-What you think should be changed, and why.

EMPLOYEE REQUESTS

Any employee or employee representative who could be affected by a citation or its correction may appeal the abatement date in the citation or corrective notice.
Your request must include:
- Your name, address, telephone number, and the name, address and telephone number of any person representing you

- Citation number

- What you think is wrong with the abatement date

All appeal requests must be in writing and submitted to the department within 15 working days after receiving the citation corrective notice. If you mail your request, the postmark is considered the submission date.
All requests must be:
- Mailed to:

Department of Labor and Industries

WISHA Appeals

P.O. Box 44604

Olympia, WA 98504-4606

or

- Faxed to: (360) 902-5581

or

- Brought to any department service location

WAC 296-800-35078 Await the department's response to your appeal request.

When an appeal request is received, the department decides whether to reassume jurisdiction over the citation and notice being appealed or forward the appeal to the Board of Industrial Insurance Appeals. The department will notify the person who submitted the appeal when the department reassumes jurisdiction.
Definition: Reassume jurisdiction means that the department has decided to hear the appeal.

The department may reassume jurisdiction to:
- Provide an employer and affected employees an opportunity to present relevant information, facts, and opinions during an informal conference

- Give an employer, affected employees and the department an opportunity to resolve appeals rapidly and without further contest, especially in routine compliance cases

- Educate employers about the citation and notice, the WISHA appeals process, and WISHA compliance

- Review citations, penalties, and correction dates for fairness and accuracy to ensure quality work by the department

If the department does not reassume jurisdiction, it will send the appeal to the Board of Industrial Insurance Appeals. The board will send the person submitting the appeal a notice with the time and location of any board proceedings.
WAC 296-800-35080 Department actions when reassuming jurisdiction over an appeal.

The department has 30 working days after receipt of the appeal to review it, gather more information and decide whether to make changes to the citation and notice. The 30 working days begin with the first working day after the appeal is received. For example, if an appeal is received on Friday, the 30 days will begin on the following Monday unless it is a state holiday.
The department may extend the appeal review period up to an additional 15 working days if everyone involved agrees to the extension.
During the review period, the department will hold an informal conference about the appeal.
- An informal conference is not an evidentiary hearing. It is an opportunity for interested parties to briefly explain their positions and provide any additional information they would like the department to consider when reviewing the citation and notice.

- Although informal, the conference is an official conference and the department may record all or part of it. The department will tell participants when the conference will be recorded.

After the review period, the department will issue a corrective notice reflecting any changes made to the citation and notice. This notice will be sent to the employer and any employee representatives participating in the appeal process.
WAC 296-800-35082 Appealing a corrective notice.

Anyone who can appeal a citation and notice may appeal a corrective notice. All corrective notice appeals must be submitted within 15 working days after the notice was received.
WAC 296-800-35084 Notify employees.

You must:

Immediately post all correspondence from the department in a conspicuous place after submitting an appeal. This correspondence includes:
- The notice of appeal

- The notice explaining that the department reassumed jurisdiction over the citation and notice

- Any extensions to the review period

- The notice for an informal conference

- Corrective notices

Post all notices and information related to the appeal in the place where WISHA citations and notices are posted (see WAC 296-800-35150). These include:
- A notice of appeal until the appeal is resolved

- Notices about the department reassuming jurisdiction and any extension of the review period until the end of review period

- A notice of an informal conference until after the conference is held

- Corrective notices for as long as citations and notices must be posted

- Requesting alternate means of compliance with WISHA rules.

Note: If you wish to develop an alternate means of compliance with WISHA rules, you may do so by following the instructions in WAC 296-350-700 Variances from WISHA rules.

In certain circumstances, the department allows an employer to vary from a specific WISHA safety and health standard if the employer uses department-approved substitute measures to protect employees. The substitute measure must provide at least the same protection from work place hazards as provided by the WISHA standard.
WAC 296-800-370 Definitions.

The following definitions were removed:
Board, correction, label, lighting outlet, safety and health standard, suitable, threshold limit values (TLVs), wet process, willful violation, WISHA poster.

The following definitions were added:
Abatement date, failure-to-abate, floor hole, floor opening, OSHA, toilet.

This section now reads:
"Note: The first time a defined word is used on a page in the Safety and Health Core Rules it is italicized and bolded.

Abatement date.

The date on the citation when you must comply with specific safety and health standards listed on the citation and notice of assessment or the corrective notice of redetermination.

Acceptable.

The term acceptable used As used in electrical, WAC 296-800-280 means an installation or equipment is acceptable to the director of labor and industries, and approved:

If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory; or
With respect to an installation or equipment of a kind which no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, if it is inspected or tested by another federal agency, or by a state, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Code, and found in compliance with the provisions of the National Electrical Code as applied in this section;
OR
With respect to custom-made equipment or related installations which are designed, fabricated for, and intended for use by a particular customer, if it is determined to be safe for its intended use by its manufacturer on the basis of test data which the employer keeps and makes available for inspection to the director and his/her authorized representatives. Refer to federal regulation 29 C.F.R. 1910.7 for definition of nationally recognized testing laboratory.
Accepted. The term accepted As used in electrical, WAC 296-800-280 means an installation is accepted if it has been inspected and found by a nationally recognized testing laboratory to conform to specified plans or to procedures of applicable codes.

Access. The term access As used in material safety data sheets (MSDSs) as exposure records, WAC 296-800-180 means the right and opportunity to examine and copy exposure records.

Affected employees. Affected employees are Employees exposed to hazards identified as violations in a citation.

Analysis using exposure or medical records.

An analysis using exposure records or medical records can be any collection of data or a statistical study. It can be based on either:
- Partial or complete information from individual employee exposure or medical records or

- Information collected from health insurance claim records

The analysis is not final until it has been:
- Reported to the employer or

- Completed by the person responsible for the analysis

ANSI. This is an acronym for the American National Standards Institute.

Approved. The term approved means:

Approved by the director of the department of labor and industries or their authorized representative, or by an organization that is specifically named in a rule, such as Underwriters' Laboratories (UL), Mine Safety and Health Administration (MSHA), or the National Institute for Occupational Safety and Health (NIOSH).
As used in Electrical, WAC 296-800-280 means acceptable to the authority enforcing this section. The authority enforcing this section is the director of labor and industries. The definition of acceptable indicates what is acceptable to the director and therefore approved.
Assistant director. Assistant director means The assistant director for the WISHA services division at the department of labor and industries.

ASTM. This is an acronym for American Society for Testing and Materials.

Attachment plug or plug. An attachment plug, Is the attachment at the end of a flexible cord or cable that is part of a piece of electrical equipment. When it is inserted into an outlet or receptacle, it connects the conductors supplying electrical power from the outlet to the flexible cable.

Bare conductor. A bare conductor is A conductor that does not have any covering or insulation.

Bathroom. A room maintained within or on the premises of any place of employment, contained toilets for use by employees.

Board. Board means The board of industrial insurance appeals.

Certification. Certification Refers to an employer's written statement describing when and how a citation violation was corrected.

C.F.R. This is an acronym for Code of Federal Regulations.

Chemical. A chemical is Any element, chemical compound, or mixture of elements and/or compounds.

Chemical manufacturer. An employer with a workplace where one or more chemicals are produced for use or distribution.

Chemical name. The scientific designation of a chemical in accordance with one of the following:

The nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC)
The Chemical Abstracts Service (CAS) rules of nomenclature
OR
A name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
Circuit breaker. A circuit breaker is:

Is a device used to manually open or close a circuit. This device will also open the circuit automatically and without damage to the breaker when a predetermined overcurrent is applied. (600 volts nominal or less)
Is a switching device capable of making, carrying, and breaking currents under normal circuit conditions, and also making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions, such as those of short circuit. (over 600 volts nominal)
Citation. Citation Refers to the citation and notice issued to an employer for any violation of WISHA safety and health rules. A citation and notice may be referred to as a citation and notice of assessment but is more commonly referred to as a citation.

Combustible liquid. A combustible liquid has a flashpoint of at least 100F (37.8C) and below 200F (93.3C). Mixtures with at least 99% of their components having flashpoints of 200F (93.3C) or higher are not considered combustible liquids.

Commercial account. A commercial account is An arrangement in which a retail distributor sells hazardous chemical(s) to an employer, generally in large quantities over time, and/or at costs that are below the regular retail price.

Common name. A common name is Any designation or identification such as:

Code name
Code number
Trade name
Brand name
Generic name used to identify a chemical other than by its chemical name.
Compressed gas. Compressed gas is A gas or mixture of gases that, when in a container, has have an absolute pressure exceeding:

40 psi at 70F (21.1C)
OR
104 psi at 130F (54.4C) regardless of the pressure at 70F (21.1C)
Compressed gas can also mean a liquid with a vapor pressure that exceeds 40 psi at 100F (37.8C)

Conductor. A conductor is A wire that transfers electric power.

Container. This term describes Any container, except for pipes or piping systems, that contains a hazardous chemical. It can be any of the following:

Bag
Barrel
Bottle
Box
Can
Cylinder
Drum
Reaction vessel
Storage tank
Correction date. Correction date means The date by which a violation must be corrected. Final orders or extensions that give additional time to make corrections establish correction dates. A correction date established by an order of the board of industrial insurance appeals remains in effect during any court appeal unless the court suspends the date.

Abatement action plans. Refers to your written plans for correcting a WISHA violation.

Corrective notice. Corrective notice Refers to a notice changing a citation and is issued by the department after a citation has been appealed.

Covered conductor. A covered conductor is A conductor that is covered by something else besides electrical insulation.

Damp location. Damp locations are Partially protected areas that are exposed to moderate moisture. Outdoor examples include roofed open porches and marquees. Interior examples include basements and barns.

Department. Department means Those portions of the department of labor and industries responsible for enforcing the Washington Industrial Safety Act (WISHA).

Designated representative. A designated representative is:

Any individual or organization to which an employee gives written authorization.
A recognized or certified collective bargaining agent without regard to written employee authorization.
The legal representative of a deceased or legally incapacitated employee.
Director. The director means the director of the department of labor and industries or their designee.

Distributor. A business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to other distributors or to employers. See WAC 296-62-054 for requirements dealing with Manufacturers, Distributors and Importers - Hazard Communication.

Documentation. Documentation means Material that you submit to prove that a correction is completed. Documentation includes, but is not limited to, photographs, receipts for materials and/or labor.

Dry location. Dry locations are Areas not normally subjected to damp or wet conditions. Dry locations may become temporarily damp or wet, such as when constructing a building.

Electrical outlets. Electrical outlets are Places on an electric circuit where power is supplied to equipment through receptacles, sockets, and outlets for attachment plugs.

Employee. The term employee and other terms of like meaning, unless the context of the provision containing such term indicates otherwise, means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise.

Employee exposure record. An employee exposure record is A record containing any of the following kinds of information:

Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;
Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;
Material safety data sheets indicating that the material may pose a hazard to human health;
OR
In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent.
Employer. An employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act must be considered both an employer and an employee.

Exit. An exit Provides a way of travel out of the workplace.

Exit route. An exit route is A continuous and unobstructed path of exit travel from any point within a workplace to safety outside.

Explosive. An explosive is A chemical that causes a sudden, almost instant release of pressure, gas, and heat when exposed to a sudden shock, pressure, or high temperature.

Exposed live parts. Exposed live parts are Electrical parts that are:

Not suitably guarded, isolated, or insulated
AND
Capable of being accidentally touched or approached closer than a safe distance.
Exposed wiring methods. Exposed wiring methods Involve working with electrical wires that are attached to surfaces or behind panels designed to allow access to the wires.

Exposure or exposed. The terms exposure and exposed mean that As used in employer chemical hazard communication, WAC 296-800-170, an employee has been, or may have possibly been, subjected to a hazardous chemical, toxic substance or harmful physical agent while working. An employee could have been exposed to hazardous chemicals, toxic substances, or harmful physical agents in any of the following ways:

Inhalation
Ingestion
Skin contact
Absorption
Related means.
The term's exposure and exposed only cover workplace exposure involving a toxic substance or harmful physical agent in the workplace different from typical nonoccupational situations in the way it is:

Used
Handled
Stored
Generated
OR
Present
Extension ladder. An extension ladder is A portable ladder with 2 or more sections and is not self-supporting. The 2 or more sections travel in guides or brackets that let you change the length. The size of a portable ladder is determined by adding together the length of each section.

Failure-to-abate. Any violation(s) resulting from you not complying with an abatement date.

Final order. Final order means Any of the following unless an employer or other party files a timely appeal:

Citation and notice;
Corrective notice;
Decision and order from the board of industrial insurance appeals;
Denial of petition for review from the board of industrial insurance appeals; or
Decision from a Washington State superior court, court of appeals, or the state supreme court.
Final order date. Final order date means The date a final order is issued.

First aid. First aid means The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit. Tests, such as X-rays, must not be confused with treatment. For example, an employee thought he broke his arm and went to the hospital to get X-rays. If the X-rays show no broken bones, they are not considered first aid. On the other hand, if they do show a broken bone, they would be considered medical treatment.

Flammable. Flammable means A chemical covered by one of the following categories:

Aerosol flammable means an aerosol that, when tested by the method described in 16 C.F.R. 1500.45 yields either a flame projection more than 18 inches at full valve opening or a flashback (a flame extending back to the valve) at any degree of valve opening;
Gas, flammable means:
- A gas that, at temperature and pressure of the surrounding area, forms a flammable mixture with air at a concentration of 13% by volume or less; or

- A gas that, at temperature and pressure of the surrounding area, forms a range of flammable mixtures with air wider than 12% by volume, regardless of the lower limit;

Liquid, flammable means any liquid having a flashpoint below 100F (37.8C), except any mixture having components with flashpoints of 100F (37.8C) or higher, the total of which make up 99% or more of the total volume of the mixture.
Solid, flammable means a solid, other than a blasting agent or explosive as defined in WAC 296-52-417 or 29 C.F.R. 1910.109(a), that is likely to cause fire through friction, moisture absorption, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily. Solid, inflammable also means that when the substance is ignited, it burns so powerfully and persistently that it creates a serious hazard. A chemical must be considered to be a flammable solid if, when tested by the method described in 16 C.F.R. 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.
Flashpoint.

The minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested by any of the following measurement methods:
- Tagliabue closed tester: (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100F (37.8C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or

- Pensky-Martens closed tester: (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100F (37.8C), or that contain suspended solids, or that have a tendency to form a surface film under test; or

- Setaflash closed tester: (See American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78).)

Note: Organic peroxides, which undergo auto accelerating thermal decomposition, are excluded from any of the flashpoint measurement methods specified above.

Flexible cords and cables. Flexible cords and cables are Typically used to connect electrical equipment to an outlet or receptacle. These cords can have an attachment plug to connect to a power source or can be permanently wired into the power source. Flexible cords, extension cord, cables and electrical cords are all examples of flexible cord.

Floor hole. An opening in any floor, platform, pavement, or yard that measures at least one inch but less than 12 inches at its smallest dimension and through which materials and tools (but not people) can fall.

Examples of floor holes are:

Belt holes
Pipe openings
Slot openings
Floor opening. An opening in any floor, platform, pavement, or yard that measures at least 12 inches in its smallest dimension and through which a person can fall.

Examples of floor openings are:

Hatchways
Stair or ladder openings
Pits
Large manholes
The following are NOT considered floor openings:

Openings occupied by elevators
Dumbwaiters
Conveyors
Machinery
Containers
Foreseeable emergency. A foreseeable emergency is Any potential event that could result in an uncontrolled release of a hazardous chemical into the workplace. Examples of foreseeable emergencies include equipment failure, rupture of containers, or failure of control equipment.

Ground. A ground As used in electrical, WAC 296-800-280, means a connection between an electrical circuit or equipment and the earth or other conducting body besides the earth. This connection can be intentional or accidental.

Grounded. The term grounded means A connection has been made between an electrical circuit or equipment and the earth or another conducting body besides the earth.

Grounded conductor. A grounded conductor is A system or circuit conductor that is intentionally grounded.

Ground-fault circuit-interrupter. A ground fault circuit interruptor is A device whose function is to interrupt the electric circuit to the load when a fault current to ground exceeds some predetermined value that is less than that required to operate the overcurrent protective device of the supply circuit.

Grounding conductor. A grounding conductor Is used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.

Grounding conductor, equipment. An equipment grounding conductor is A conductor used to connect noncurrent-carrying metal parts of equipment, raceways, and other enclosures to the system grounded conductor and/or the grounding electrode conductor at the service equipment or at the source of a separately derived system.

Guarded. The term guarded means Covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers, casings, barriers, rails, screens, mats, or platforms to remove the likelihood of being accidentally touched or approached closer than a safe distance.

Handrail. A handrail is A single bar or pipe supported on brackets from a wall or partition to provide a continuous handhold for persons using a stair.

Harmful physical agent. A harmful physical agent is Any chemical substance, biological agent (bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and nonionizing radiation, hypo- or hyperbaric pressure, etc.) which:

Is listed in the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) (See Appendix B); or
Has shown positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer; or
Is the subject of a material safety data sheet kept by or known to the employer showing that the material may pose a hazard to human health.
Hazard. A hazard is Any condition, potential or inherent, which can cause injury, death, or occupational disease.

Hazard warning. A hazard warning Can be a combination of words, pictures, symbols, or combination appearing on a label or other appropriate form of warning which shows the specific physical and health hazard(s), including target organ effects, of the chemical(s) in the container(s).

Note: See definition for physical hazard and health hazard to determine which hazards must be covered.

Hazardous chemical. A hazardous chemical is Any chemical that is a physical or health hazard.

Health hazard. Any chemical with the potential to cause acute or chronic health effects in exposed employees. The potential must be statistically significant based on evidence from at least one study conducted under established scientific principles. Health hazards include:

Chemicals which are carcinogens
Toxic or highly toxic agents
Reproductive toxins
Irritants
Corrosives
Sensitizers
Hepatotoxins
Nephrotoxins
Neurotoxins
Agents which act on the hematopoietic system
Agents which damage the lungs, skin, eyes, or mucous membranes
Appendix A See WAC 296-62-054 for provides more definitions and explanations about the scope of health hazards covered by this part.

Appendix B See WAC 296-62-054 for describes the criteria to be used for determining whether or not a chemical is considered hazardous for purposes of this rule.

Hospitalization. Hospitalization means To be sent to, to go to, or be admitted to, a hospital or an equivalent medical facility and receive medical treatment beyond first-aid treatment, regardless of the length of stay in the hospital or medical facility.

Identity. Identity means Any chemical or common name listed on the material safety data sheet (MSDS) for the specific chemical. Each identity used must allow cross-references among the:

Required list of hazardous chemicals
Chemical label
MSDSs
Imminent danger violation. Imminent danger violation is Any violation(s) resulting from conditions or practices in any place of employment, which are such that a danger exists which could reasonably be expected to cause death or serious physical harm, immediately or before such danger can be eliminated through the enforcement procedures otherwise provided by the Washington Industrial Safety and Health Act.

Importer. An importer is The first business within the Customs Territory of the USA that:

Receives hazardous chemicals produced in other countries
AND
Supplies them to distributors or employers within the USA
See WAC 296-62-054 for requirements dealing with Manufacturers, Importer and Distributors - Hazard Communication.

Insulated. Insulated means A conductor has been completely covered by a material that is recognized as electrical insulation and is thick enough based on:

The amount of voltage involved
AND
The type of covering material
Interim waiver. Interim waiver is An order granted by the department allowing an employer to vary from WISHA requirements until the department decides to grant a permanent or temporary waiver.

Label. A label is displayed or attached to containers of hazardous chemicals. It can be:

Written
Printed
OR
Graphic material
Ladder. A ladder Consists of 2 side rails joined at regular intervals by crosspieces called steps, rungs, or cleats. These steps are used to climb up or down.

Lighting outlet. A lighting outlet is an outlet intended for the direct connection of a lampholder, a lighting fixture, or a pendant cord for a lampholder.

Listed. Equipment is listed if it:

Is listed in a publication by a nationally recognized laboratory (such as UL, underwriters laboratory) that inspects the production of that type of equipment,
AND
States the equipment meets nationally recognized standards or has been tested and found safe to use in a specific manner.
Material safety data sheet (MSDS). MSDS is Written or printed material that tells you about the chemical(s), what it can do to and how to protect yourself, others, or the environment. For requirements for developing MSDSs.

Medical treatment. Medical treatment is Treatment provided by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first-aid treatment even if provided by a physician or registered professional personnel.

Mixture. A mixture means As used in employer chemical hazard communication, WAC 296-800-170, any combination of 2 or more chemicals (if that combination did not result from a chemical reaction).

Movable equipment. As used in WAC 296-800-35052, Moveable equipment A hand-held or nonhand-held machine or device;

That is powered or nonpowered;
AND
Can be moved within or between worksites
Must. Must means mandatory.

NEMA. These initials stand for National Electrical Manufacturing Association.

NFPA. This is an acronym for National Fire Protection Association.

Nose, nosing. A nose is The portion of the stair tread that projects over the face of the riser below it.

Occupational Safety and Health Administration (OSHA). Passed in 1970 by the U.S. Congress, the OSH (Occupational Safety and Health) Act provides safety on the job for working men and women. OSHA oversees states (such as Washington) that have elected to administer their own safety and health program. OSHA requires WISHA rules to be at least as effective as OSHA rules.

Office work environment. Office work environment is An indoor or enclosed occupied space where clerical work, administration, or business is carried out.

In addition, it includes:

Other workplace spaces controlled by the employer and used by office workers, such as cafeterias, meeting rooms, and washrooms.
Office areas of manufacturing and production facilities, not including process areas.
Office areas of businesses such as food and beverage establishments, agricultural operations, construction, commercial trade, services, etc.
Open riser. A stair step with an air space between treads has an open riser.

Organic peroxide. This is an organic compound containing the bivalent-0-0-structure. It may be considered a structural derivative of hydrogen peroxide if one or both of the hydrogen atoms has been replaced by an organic radical.

Outlet. See definition for electrical outlets.

Oxidizer. An oxidizer is A chemical other than a blasting agent or explosive as defined in WAC 296-52-417 or C.F.R. 1910.109(a), that starts or promotes combustion in other materials, causing fire either of itself or through the release of oxygen or other gases.

Permissible exposure limits (PELs). PELs are airborne concentrations of substances measured by their concentration in the air no matter what amount is breathed by the employee. The permissible exposure limits (PELs) must include the following four categories:

Permissible exposure limits - Time-weighted average (PEL-TWA) is the time weighted average airborne exposure to any 8-hour work shift of a 40-work week and must not be exceeded.
Permissible exposure limits - Short-term exposure limit (PEL-STEL) is the employee's 15-minute time weighted average exposure which must not be exceeded at any time during a work day unless another time limit is specified in a parenthetical notation below the limit. If another time period is specified, the time weighted average exposure over that time period must not be exceeded at any time during the working day.
Permissible exposure limits - Ceiling (PEL-C) is the employee's exposure which must not be exceeded during any part of the workday. If instantaneous monitoring is not feasible, then the ceiling must be assessed as a 15-minute time weighted average exposure which must not be exceeded at any time over a working day.
Skin notation is the potential contribution to the overall employee exposure by the cutaneous route including mucous mem