PERMANENT RULES
LABOR AND INDUSTRIES
Date of Adoption: August 8, 2001.
Purpose: Chapter 296-307 WAC, Safety standards for agriculture and minor housekeeping changes throughout chapters 296-24, 296-36, 296-45, 296-54, 296-56, 296-62, 296-78, 296-155 and 296-350 WAC, WISHA administrative rules.
As a result of the new safety and health core rules, chapter 296-800 WAC, which were adopted on May 9, 2001, additional clarifying and housekeeping changes were needed. The majority of the changes are references that needed to be updated throughout WISHA's other rules. Also, the agricultural industry voiced their concern at the public hearings for the Safety and Health Core Rules that some of the core rules would apply to them. We subsequently met with stakeholders in the agricultural industry to address their concerns. It was agreed that some of the rules in the safety and health core rule book, which were taken from chapter 296-62 WAC, General occupational health standards, should be included in chapter 296-307 WAC, Safety standards for agriculture. They are:
| Employer chemical hazard communication. | |
| Lighting. | |
| Environmental tobacco smoke. |
A summary of the adopted rules follows:
WAC 296-24-23505 Cabs.
| Added a reference to subsection (3) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (21) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (7) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (8) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (14) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (7) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (14) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Deleted the following definitions: "Means of egress," "exit access," "exit," "exit discharge," "low hazard contents," "high hazard contents" and "ordinary hazard contents." |
| These requirements are located in WAC 296-800-300. | |
| Repealed this section. |
| Requirements relating to employee alarm systems are located in WAC 296-800-300. |
| Repealed this section. |
| Repealed this section. |
| Repealed this section. |
| Repealed this section. |
| Repealed this section. |
| Repealed this section. |
| Repealed this section. |
| Added a reference to subsection (2) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Requirements relating to guarding of stairway floor openings are located in WAC 296-800-250 and 296-800-260. | |
| Requirements relating to guarding of temporary floor openings are located in 296-800-250 and 296-800-260. | |
| Requirements relating to guarding of floor holes are located in WAC 296-800-250 and 296-800-260. | |
| Requirements relating to floor hole covers are located in WAC 296-800-250 and 296-800-260. | |
| Requirements relating to doors or gates opening directly on a stairway are located in WAC 296-800-250. |
| Requirements relating to the guarding of open-sided floors or platforms four feet or more above adjacent floor or ground level are located in WAC 296-800-250. | |
| Deleted the words "floors" and "platforms" from the title of this section. |
| Requirements relating to stairway railings and guards are located in WAC 296-800-250. | |
| Repealed this section. |
| Deleted the words "care and use" from this section. Requirements relating to the care and use of ladders are located in WAC 296-800-290. |
| Moved the table from WAC 296-24-78009, relating to the classification of various species of wood acceptable for use in a ladder, to this section for better organization of information. |
| Requirements relating to the care and use of ladders are located in WAC 296-800-290. | |
| Moved the table relating to the classification of various species of wood acceptable for use in a ladder to WAC 296-24-78005 for better organization of information. | |
| Remaining requirements left in this section relate to ladder tests. | |
| Changed the title of this section to "ladder tests." |
| Added a reference to subsection (7) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (2) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (9) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (7) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (6) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (3) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (4) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (3) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Updated a reference. |
| Updated a reference. |
| Updated references. |
| Deleted the definition of "Illumination." This definition is located in the safety and health core rules, chapter 296-800 WAC. | |
| Renumbered section. |
| Updated a reference. |
| Added a reference to subsection (3) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (7) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (4) referencing the portable fire extinguisher requirements located in WAC 296-800-300. | |
| Added a reference to subsection (7) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (12) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (3) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (20) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (22) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Added a reference to subsection (12) referencing the portable fire extinguisher requirements located in WAC 296-800-300. |
| Updated a reference in subsection (4). |
| Changed the title of this section to "First-aid rule summary." |
| Created this section to include requirements relating to first-aid trained personnel being available. |
| Created this section to include requirements relating to first-aid training. |
| Created this section to include requirements relating to documenting first-aid training. |
| Created this section to include requirements relating to appropriate first-aid supplies. |
| Created this section to include requirements relating to first-aid stations. |
| Repealed this section. Requirements are located in WAC 296-307-03920. |
| Added a reference relating to first-aid in subsection (12). |
| Updated a reference in the note. |
| Updated a reference in the note. |
| Deleted a reference in subsection (17). |
| Created this part to incorporate related health standards currently located in chapter 296-800 WAC that are applicable to the agriculture industry. |
| Created this section to include an introduction and summary relating to an employer's chemical hazard communication program. |
| Created this section to include requirements relating to developing, implementing, maintaining, and making available a written chemical hazard communication program. |
| Created this section to include requirements relating to identifying and listing all the hazardous chemicals in your workplace. |
| Created this section to include requirements relating to obtaining and maintaining material safety data sheets for each hazardous chemical used. |
| Created this section to include requirements relating to making sure that material safety data sheets are readily accessible to your employees. |
| Created this section to include requirements relating to labeling containers that hold hazardous chemicals. |
| Created this section to include requirements relating to informing and training your employees about hazardous chemicals in your workplace. |
| Created this section to include requirements relating to laboratories using hazardous chemicals. |
| Created this section to include requirements relating to handling chemicals in factory-sealed containers. |
| Created this section to include requirements relating to the department translating chemical hazard communication documents upon request. |
| Created this section to include requirements relating to the department attempt to obtain a material safety data sheet upon request. |
| Created this section to include items or chemicals exempt from this rule, and exemptions from labeling. |
| Created this section to include applicable definitions. |
| Created this section to include lighting requirements. |
| Created this section to include requirements relating to providing and maintaining adequate lighting. |
| Created this section to include environmental tobacco smoke requirements. |
| Created this section to include requirements relating to controlling tobacco smoke in your building. |
| Created this section to include requirements relating to controlling tobacco smoke that comes in from the outside. |
| These requirements are located in WAC 296-800-350. | |
| Repealed this section. |
Citation of Existing Rules Affected by this Order: Amending WAC 296-24-23505 Cabs, 296-24-260 Helicopters, 296-24-33009 Container and portable tank storage, 296-24-33015 Service stations, 296-24-47509 Systems utilizing containers other than DOT containers, 296-24-47513 Storage of containers awaiting use or resale, 296-24-47517 Liquefied petroleum gas service stations, 296-24-55001 Definitions, 296-24-68215 Public exhibitions and demonstrations, 296-24-75003 Protection for floor openings, 296-24-75007 Protection of open-sided floors, platforms and runways, 296-24-78003 Application of requirements, 296-24-78005 Materials, 296-24-78009 Care and use of ladders, 296-36-190 Fire prevention and fire fighting, 296-45-67545 Refueling operations, 296-54-521 Motor vehicles, 296-54-59330 Log unloading, booms, and rafting grounds--Boats and mechanical devices on waters, 296-56-60083 Cranes and derricks, 296-56-60171 General requirements, 296-56-60207 General requirements, 296-59-105 Handcharge makeup methods, 296-62-05209 Access to records, 296-62-07619 Hygiene facilities and practices, 296-62-07719 Hygiene facilities and practices, 296-62-09001 Definitions, 296-62-31335 Showers and change rooms, 296-62-40025 Appendix A--National Research Council recommendations concerning chemical hygiene in laboratories (nonmandatory), 296-78-56505 Boats and mechanical devices on water, 296-155-270 Flammable and combustible liquids, 296-155-275 Liquefied petroleum gas (LP-gas), 296-155-525 Cranes and derricks, 296-155-575 Helicopters and helicopter cranes, 296-155-730 Tunnels and shafts, 296-155-745 Compressed air, 296-307-018 What are the employer's responsibilities?, 296-307-039 How many people at the worksite must be first-aid trained?, 296-307-07013 What rules apply to vehicles used to transport employees?, 296-307-12040 Pesticide safety training--Standards for workers--40 CFR, 170.130, 296-307-13025 Pesticide safety training--Standards for pesticide handlers--40 CFR, 170.230 and 296-307-14505 What records must an employer keep for pesticide applications?; and repealing WAC 296-24-59203 Exemptions, 296-24-631 Employee alarm systems, 296-24-63101 Scope and application, 296-24-63103 General requirements, 296-24-63105 Installation and restoration, 296-24-63107 Maintenance and testing, 296-24-63109 Manual operation, 296-24-63199 Appendix A--Employee alarm systems, 296-24-75009 Stairway railings and guards, 296-307-042 Must an employer provide first-aid kits?, and 296-350-60025 Reassuming jurisdiction or forwarding an appeal to the board.
Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.
Adopted under notice filed as WSR 01-12-103 on June 20 [6], 2001.
Changes Other than Editing from Proposed to Adopted Version: 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:
WAC 296-307-039 First aid rule summary.
| Added the words "first aid" to the title of this section. | |
| In the definition of "first aid" removed the following language, "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." | |
| Deleted the definition of "First-aid station." |
| Modified the first bullet in this section to read, "Make sure that every two years, employees successfully complete first-aid training in the following core elements:" |
| Removed the language in the first-aid kit table relating to "ten package," "24 package" and "36 package" and replaced it with "first-aid kit." Also, added a reference in the table to see "WAC 296-307-03925" for first-aid station requirements. | |
| Added a note that reads, "Kits should be checked at least weekly to ensure adequate number of needed items are available." | |
| Added a note that reads, "Kits may be carried in any motor vehicle that is used near the crew." |
| Delete the requirement relating to the first-aid station having to be "well marked." |
| Modified the language in the second bullet to read, "Make sure that employees, who must travel between workplaces during a work shift, such as when their work is carried out at more than one geographical location, can immediately obtain the required MSDS information in an emergency. (MSDSs may be kept at a central location at the primary workplace facility and accessed by means such as voice communication or laptop computer.)" |
| Added the following note that reads, "The Employer Chemical Hazard Communication information and training requirements also apply to pesticides. Employers who have employees who are exposed to pesticides must be in compliance with this rule and the Worker protection standards, WAC 296-307-12040." |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 24, Amended 44, Repealed 11.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 24, Amended 44, Repealed 11.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 24, Amended 44, Repealed 11.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The
environmental tobacco smoke, lighting and hazard communication
requirements from chapter 296-62 WAC, General occupational health
standards, were incorporated into chapter 296-800 WAC, Safety and
health core rules, which were adopted on May 9, 2001, and
effective on September 1, 2001. Even though chapter 296-800 WAC
was adopted, the agriculture industry is required to follow rules
in chapter 296-62 WAC. Since the requirements were removed from
chapter 296-62 WAC with the safety and health core rule filing we
need to incorporate these requirements into chapter 296-307 WAC,
Safety standards for agriculture. As a result, the effective
date for these rules will be September 1, 2001, which is less
than the required thirty day time period normally followed, RCW 34.05.380. The department believes the earlier effective date is
necessary because of imminent peril to the public health, safety,
or welfare and to ensure continued protection for the agriculture
industry.
Effective Date of Rule:
September 1, 2001.
August 8, 2001
Gary Moore
Director
OTS-4904.2
AMENDATORY SECTION(Amending WSR 98-24-096, filed 12/1/98,
effective 3/1/99)
WAC 296-307-018
What are the employer's responsibilities?
You must:
(1) Provide a safe and healthful working environment.
(2) Ensure that employees do not use defective or unsafe tools and equipment, including tools and equipment that may be furnished by the employee.
(3) Implement a written accident prevention program as required by these standards.
(4) Implement a hazard communication program as required by
((chapter 296-62 WAC, Part C)) WAC 296-307-550.
(5) Establish a system for reporting and recording accidents on the OSHA 200 log. (See chapter 296-27 WAC.)
(6) Provide safety education and training programs.
(7) Implement the requirements of WAC 296-62-074 through 296-62-07451 to ensure the safety of employees who are exposed to cadmium in the workplace.
(8) Implement the requirements of WAC 296-62-145 through 296-62-14529 to ensure the safety of employees who are exposed to confined spaces in the workplace.
[Statutory Authority: RCW 49.17.040. 98-24-096, 296-307-018, filed 12/1/98, effective 3/1/99; Recodified as 296-307-018. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-018, filed 10/31/96, effective 12/1/96.]
"Qualified" means that the person holds a current certificate of first-aid training from the American Red Cross or another course with equivalent content and hours.
"Current certificate" means a first-aid training certificate that has not expired.
| Note: | The local department of labor and industries service location has a list of first-aid courses. |
(3) Exception: The above requirements do not apply to employees whose duties require them to work alone at isolated work stations. However, employees working alone must be checked at intervals by some method agreed upon by you and the employee.)) Your responsibility: Make sure first-aid trained personnel are available to provide quick and effective first aid.
You must:
Make sure that first-aid trained personnel are available to provide quick and effective first aid.
Make sure first-aid training contains required subjects.
Keep current and document your first-aid training.
Make sure appropriate first-aid supplies are readily available.
Provide a first-aid station when required.
| Note: | Additional requirements relating to first-aid are also located in the following sections: |
| - | WAC 296-307-07013(12), What rules apply to vehicles used to transport employees? |
| - | WAC 296-307-16175, First-aid requirements for operators of temporary worker housing. |
| - | WAC 296-307-16380, First-aid requirements for operators of cherry harvest camps. |
| Definitions: |
| First aid: | The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit. |
| Emergency medical service: | Medical treatment and care given at the scene of any medical emergency or while transporting any victim to a medical facility. |
[Recodified as 296-307-039. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-039, filed 10/31/96, effective 12/1/96.]
Choose one of the following two options to make sure that your employees have access to personnel who are trained in first aid.
Option 1:
Make sure first-aid trained persons are in your workplace to help your employees if they become hurt or ill on the job by doing the following:
- Make sure that:
⧫ Each person in charge of employees has first-aid training; or
⧫ Another person with first-aid training is present or available to your employees, whenever you have 2 or more employees present.
| Note: | This rule is met if persons other than an employee, such as the farm operator or spouse, hold a current first-aid certificate and are available during working hours. |
| EXCEPTION: | This rule does not apply to individual employees whose duties require them to work alone at isolated workstations. However, employees working alone must be checked at intervals by some method agreed upon by you and the employee. |
Option 2:
Develop and maintain a written first-aid response plan for your workplace. If you choose this option, you must do all of the following:
- Determine how many, if any, employees should be trained in first aid, based on the following factors:
⧫ What type(s) of occupational hazards are present in your workplace?
⧫ How likely is it that a workplace injury or illness will occur?
⧫ How serious are the occupational hazards in your workplace?
⧫ How remote is your workplace?
⧫ How complex is your worksite in terms of size, design, etc.?
⧫ What medical emergencies have occurred at your workplace in the past?
⧫ How far away and how long does it take to get to emergency medical services?
| Note: | Employers who require their employees to provide first aid must comply with the bloodborne pathogen rule, WAC 296-62-080. |
Make sure your first-aid response plan:
- Fits your work location, type of work, and environmental conditions.
- Identifies the available emergency medical services and access numbers and where they are posted.
- Describes the type of first-aid training employees receive, if applicable.
- Identifies the location(s) of first-aid supplies and/or first-aid stations.
- Identifies the contents of first-aid kits.
- Describes how first-aid supplies or kits will be inspected and maintained.
- Describes how injured or ill employees will have access to first-aid trained employees.
[]
| Note: | Assess your workplace to determine if there are certain job hazards, if the time and distance from emergency medical services indicate a need for training beyond the items listed below. |
Make sure that every two years, employees successfully complete first-aid training in the following core elements:
- Role and responsibilities of the first-aid provider.
- Assessing a scene.
- Performing an initial and ongoing assessment of an injured or ill person.
- Scene safety.
- Body substance isolation/bloodborne pathogens.
- Performing an emergency move.
- Placing an ill person in the recovery position.
- Opening and maintaining an airway.
- Providing rescue breathing.
- Managing an obstructed airway.
- Performing adult/one-rescuer CPR.
- Recognizing the warning signs and symptoms of medical problems.
- Recognizing and caring for an injured or ill person with decreased levels of responsiveness.
- Controlling external bleeding and recognizing internal bleeding.
- Recognizing and caring for victims of shock.
- Recognizing and stabilizing spinal injury.
- Recognizing and manually stabilizing suspected skeletal injuries.
- Knowledge of voluntary provisions of first aid, consent and confidentiality.
[]
Keep a written record of your employees' first-aid training by keeping rosters, first-aid cards, or certificates. You may store your documentation on a computer, as long as the information is readily available when requested by personnel of the department of labor and industries.
[]
Make sure first-aid supplies are readily available. (See first-aid kit table.)
Make sure first-aid supplies at your workplace are appropriate to:
- Your occupational setting.
The response time of your emergency medical services.
First-Aid Kit Table
| Number of employees normally assigned to worksite | Minimum first-aid supplies required at worksite |
| 1 - 15 Employees | 1 First-aid kit |
| 16 - 30 Employees | 2 First-aid kits |
| 31 - 50 Employees | 3 First-aid kits |
| Over 50 Employees (within 1/2 mile radius of supplies) | First-aid station (see WAC 296-307-03925) |
| Note: | First-aid kits from your local retailer or safety supplier should be adequate for most nonindustrial employers. |
| The following is a list of suggested items for your first-aid kit: | |
| 1 absorbent compress, 4 x 8 inches | |
| 16 adhesive bandages, 1 x 3 inches | |
| 1 adhesive tape, 5 yards long | |
| 10 antiseptic single-use packages, 0.5 g application | |
| 6 burn treatment single-use packages, 0.5 g application | |
| 1 eye covering (for two eyes) | |
| 1 eye wash, 1 fluid ounce | |
| 4 sterile pads, 3 x 3 inches | |
| 2 pair of medical exam gloves | |
| 1 triangular bandage, 39 x 39 x 55 inches | |
| Optional first-aid kit contents | |
| Bandage compresses, 2 x 2 inches, 3 x 3 inches and 5 x 5 inches | |
| Self-activating cold packs, 4 x 5 inches | |
| Roller bandages, 6 yards long | |
| Mouth-to-mouth barrier for CPR | |
| Kits should be checked at least weekly to ensure adequate number of needed items are available. | |
| Kits may be carried in any motor vehicle that is used near the crew. |
Make sure that first-aid supplies are:
- Easily accessible to all your employees.
- Stored in containers that protect them from damage, deterioration, or contamination. Containers must be clearly marked, not locked, and may be sealed.
- Able to be moved to the location of an injured or acutely ill worker.
[]
Provide a first-aid station with at least one first-aid trained employee available if there are fifty or more employees per shift at one location.
Make sure the first-aid station:
- Is available to employees during all working hours.
- Is equipped with first-aid supplies that are appropriate for your number of employees, occupational setting, and working conditions.
Has at least one portable first-aid kit.
| Note: | Kits may be carried in any motor vehicle that is used near the crew. The vehicle may be considered a first-aid station when it is identified as one and when the driver is trained in first-aid. |
[]
(1) The vehicles are well equipped, covered against the weather, and maintained in good mechanical condition at all times.
(2) A sufficient number of properly secured seats are provided in each vehicle to accommodate the number of employees transported. When emergency conditions make it necessary to transport more employees than the seating capacity can accommodate, all employees must ride within the vehicle. No employee may ride on fenders or running boards of the vehicle.
(3) No employees may ride in or on any vehicle with their legs hanging over the end or sides. All trucks without tail gates should have safety bars.
(4) The vehicles have storage strong enough to retain sharp tools that could present a hazard to employees being transported.
(5) All dump-trucks used to transport employees have an adequate safety chain or locking device to ensure that the body of the truck is not raised while employees are riding in it.
(6) Explosives or highly inflammable materials are not carried in or on the vehicle while it is used to transport employees.
(7) Exhaust systems are installed and maintained in proper condition, and are designed to eliminate the employee exposure to exhaust gases and fumes.
(8) Within the cab, crew trucks must carry only the number of passengers for which they are designed. In any seating arrangement, the driver must be able to maintain full freedom of motion. The driver's normal vision must be free from obstruction by passengers or the seating arrangement.
(9) All enclosed crew trucks have an emergency exit in addition to the regular entrance.
(10) Trucks used for hauling gravel may be used as crew trucks if they meet the following requirements:
(a) Steps in proper places;
(b) Wooden floors;
(c) Securely fastened seats;
(d) Truck is properly covered; and
(e) Compliance with all other general regulations covering crew trucks.
(11) Half-ton vehicles must haul no more than six persons including driver. Three-quarter-ton vehicles must haul no more than eight persons including driver.
(12) The vehicle is equipped with the first-aid supplies required by WAC 296-307-042, two blankets, and a fire extinguisher.
| Note: | Additional requirements relating to first aid are located in WAC 296-307-039. |
[Statutory Authority: RCW 49.17.040. 98-24-096, 296-307-07013, filed 12/1/98, effective 3/1/99; Recodified as 296-307-07013. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-07013, filed 10/31/96, effective 12/1/96.]
(a) Agricultural employer assurance. The agricultural employer shall assure that each worker, required by this section to be trained, has been trained according to this section during the last five years, counting from the end of the month in which the training was completed.
Note:
In addition to the training required by this section, the agricultural employer shall assure without exception, that all
employees are trained in accordance with WAC ((
296-62-054 through 296-62-05427,)) 296-307-550, Employer chemicalhazard communication.
(b) Requirement for workers performing early entry
activities. Before a worker enters a treated area on the
agricultural establishment during a restricted-entry interval to
perform early entry activities permitted by WAC 296-307-12020 and
contacts anything that has been treated with the pesticide to
which the restricted-entry interval applies, including but not
limited to, soil, water, or surfaces of plants, the agricultural
employer shall assure that the worker has been trained.
(c) Requirements for other agricultural workers.
(i) Information before entry. Except as provided in (b) of this subsection, before a worker enters any areas on the agricultural establishment where, within the last thirty days a pesticide to which this part applies has been applied or the restricted-entry interval for such pesticide has been in effect, the agricultural employer shall assure that the worker has been provided the pesticide safety information specified in subsection (3) of this section, in a manner that agricultural workers can understand, such as by providing written materials or oral communication or by other means. The agricultural employer must be able to verify compliance with this requirement.
(ii) Training before the start of a work period. The agricultural employer shall assure that a worker has been trained before the worker enters any areas on the agricultural establishment where, within the last thirty days a pesticide to which this chapter applies has been applied or a restricted-entry interval for such pesticide has been in effect, the agricultural employer shall assure that the worker has been trained.
(2) Exceptions. The following persons need not be trained under this section:
(a) A worker who is currently certified as an applicator of restricted-use pesticides under chapter 17.21 RCW.
(b) A worker who satisfies the training requirements of chapter 17.21 RCW.
(c) A worker who satisfies the handler training requirements of WAC 296-307-13025(3).
(d) A worker who is certified or licensed as a crop advisor by the Washington state department of agriculture under RCW 15.58.230: Provided, That a requirement for such certification or licensing is pesticide safety training that includes all the information set out in WAC 296-307-13025 (3)(d).
(3) Training programs.
(a) General pesticide safety information shall be presented to workers either orally from written materials or audiovisually. The information must be presented in a manner that the workers can understand (such as through a translator) using nontechnical terms. The presenter also shall respond to workers' questions.
(b) The person who conducts the training shall meet at least one of the following criteria:
(i) Be currently certified as an applicator of restricted-use pesticides under chapter 17.21 RCW; or
(ii) Be currently designated as a trainer of certified applicators or pesticide handlers by the Washington state department of agriculture in accordance with chapters 15.58 and 17.21 RCW; or
(iii) Have completed a pesticide safety train-the-trainer program approved by the Washington state department of agriculture in accordance with chapters 15.58 and 17.21 RCW; or
(iv) Satisfy the training requirements in WAC 296-307-13025(3).
(c) Any person who issues a Washington state department of agriculture-approved Worker Protection Standard worker training card must assure that the worker who receives the training card has been trained in accordance with subsection (4)(d) of this section.
(d) The training materials shall convey, at a minimum, the following information:
(i) Where and in what form pesticides may be encountered during work activities.
(ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization.
(iii) Routes through which pesticides can enter the body, including information on wearing work clothing that protects the body from pesticide residues.
(iv) Signs and symptoms of common types of pesticide poisoning.
(v) Emergency first aid for pesticide injuries or poisonings.
(vi) How to obtain emergency medical care.
(vii) Routine and emergency decontamination procedures, including preventing pesticides from entering the body by:
&sqbul; Emergency eyeflushing techniques;
&sqbul; Washing work clothes separately from other clothes before wearing them again;
&sqbul; Washing before eating, drinking, using chewing gum or tobacco, or using the toilet;
&sqbul; Washing/showering with soap and water, shampooing hair, and putting on clean clothes after work; and
&sqbul; Washing immediately in the nearest clean water if pesticides are spilled on the body. As soon as possible shower, shampoo, and change into clean clothes.
(viii) Hazards from chemigation and drift.
(ix) Hazards from pesticide residues on clothing.
(x) Warnings about taking pesticides or pesticide containers home.
(xi) Requirements of this part designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including application and entry restrictions, the design of the warning sign, posting of warning signs, oral warnings, the availability of specific information about applications, and the protection against retaliatory acts.
(4) Verification of training.
(a) Except as provided in subsection (4)(b) of this section, if the agricultural employer assures that a worker possesses a Washington state department of agriculture-approved Worker Protection Standard worker training card, then the requirements of subsection (1) of this section will have been met.
(b) If the agricultural employer is aware or has reason to know that a Washington state department of agriculture-approved Worker Protection Standard worker training card has not been issued in accordance with this section, or has not been issued to the worker bearing the card, or the training was completed more than five years before the beginning of the current month, a worker's possession of that certificate does not meet the requirements of subsection (1) of this section.
[Statutory Authority: RCW 49.17.040. 98-24-096, 296-307-12040, filed 12/1/98, effective 3/1/99; Recodified as 296-307-12040. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-12040, filed 9/30/96, effective 11/1/96.]
Note:
In addition to the training required by this section, the agricultural employer shall assure, without exception, that all
employees are trained in accordance with WAC ((
296-62-054 through 296-62-05427,)) 296-307-550, Employer chemical
hazard communication.
(2) Exceptions. The following persons need not be trained
under this section:
(a) A handler who is currently certified as an applicator of restricted-use pesticides under chapter 17.21 RCW.
(b) A handler who is certified or licensed as a crop advisor by the Washington state department of agriculture under RCW 15.58.230: Provided, That a requirement for such certification or licensing is pesticide safety training that includes all the information set out in WAC 296-307-13025 (3)(d).
(3) Training programs.
(a) General pesticide safety information shall be presented to handlers either orally from written materials or audiovisually. The information must be presented in a manner that the handlers can understand (such as through a translator). The presenter also shall respond to handlers' questions.
(b) The person who conducts the training shall meet at least one of the following criteria:
(i) Be currently certified as an applicator of restricted-use pesticides under chapter 17.21 RCW; or
(ii) Be currently designated as a trainer of certified applicators or pesticide handlers by the Washington state department of agriculture under chapters 15.58 or 17.21 RCW; or
(iii) Have completed a pesticide safety train-the-trainer program approved by a state, federal, or tribal agency having jurisdiction.
(c) Any person who issues a Washington state department of agriculture-approved Worker Protection Standard handler training card must assure that the handler who receives the training card has been trained in accordance with (d) of this subsection.
(d) The pesticide safety training materials must convey, at a minimum, the following information:
(i) Format and meaning of information contained on pesticide labels and in labeling, including safety information such as precautionary statements about human health hazards.
(ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization.
(iii) Routes by which pesticides can enter the body.
(iv) Signs and symptoms of common types of pesticide poisoning.
(v) Emergency first aid for pesticide injuries or poisonings.
(vi) How to obtain emergency medical care.
(vii) Routine and emergency decontamination procedures.
(viii) Need for and appropriate use of personal protective equipment.
(ix) Prevention, recognition, and first-aid treatment of heat-related illness.
(x) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup.
(xi) Environmental concerns such as drift, runoff, and wildlife hazards.
(xii) Warnings about taking pesticides or pesticide containers home.
(xiii) Requirements of this part that must be followed by handler employers for the protection of handlers and other persons, including the prohibition against applying pesticides in a manner that will cause contact with workers or other persons, the requirement to use personal protective equipment, the provisions for training and decontamination, and the protection against retaliatory acts.
(4) Verification of training.
(a) Except as provided in (b) of this subsection, if the handler employer assures that a handler possesses a Washington state department of agriculture-approved Worker Protection Standard handler training card, then the requirements of subsection (1) of this section will have been met.
(b) If the handler employer is aware or has reason to know that a Washington state department of agriculture-approved Worker Protection Standard handler training card has not been issued in accordance with this section, or has not been issued to the handler bearing the card, or the handler training was completed more than five years before the beginning of the current month, a handler's possession of that card does not meet the requirements of subsection (1) of this section.
[Statutory Authority: RCW 49.17.040. 98-24-096, 296-307-13025, filed 12/1/98, effective 3/1/99; Recodified as 296-307-13025. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-13025, filed 9/30/96, effective 11/1/96.]
(a) The address or exact location where the pesticide was applied or stored;
| Note: | If you apply pesticides to one acre or more, the location must be shown on the map on the required form for at least the first application. |
(c) The product name on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide that was applied or stored;
(d) The crop or site to which the pesticide was applied (application crop or site);
(e) The amount of pesticide applied per acre, or other appropriate measure;
(f) The concentration of pesticide applied;
(g) The total area to which pesticide was applied;
(h) If applicable, the licensed applicator's name, address, and telephone number and the name of the individual(s) making the application;
(i) The direction and estimated velocity of the wind at the time the pesticide was applied;
Exception:
Wind information does not have to be recorded for applications of baits in bait stations and pesticide applications within
structures.
(j) Any other reasonable information required by the
department.
(2) A commercial pesticide applicator must provide a copy of the pesticide application records to the owner or lessee of the lands to which the pesticide is applied. Pesticide application records may be provided on any form that includes all required information.
(3) You must update records on the same day that a pesticide is applied. You may use a copy as the record of the pesticide application. You must maintain the records for at least seven years after the date of the application.
(4) You must ensure that pesticide application records are readily accessible to employees and their designated representatives in a central location in the workplace. The records must be available beginning on the day the application is made and for at least thirty days after. You may view the pesticide application records and make your own record from that information.
(5) New or newly assigned employees must be made aware of the accessibility of the application records before working with pesticides or in an area containing pesticides.
(6) When storing pesticides, you must, at least once a year, perform an inventory of the pesticides stored in any work area.
(7) The pesticide inventory records must include the following information:
(a) The location where the pesticide is stored;
(b) The year, month, day, and time the pesticide was first stored;
(c) The product name used on the registered label and the United States Environmental Protection Agency Registration Number, if applicable, of the pesticide that is stored; and
(d) The amount of pesticide in storage at the time of the inventory.
(8) You must maintain a record of pesticide purchases made between the annual inventory dates.
(a) Instead of this purchase record, you may obtain from distributors from whom you buy pesticides, a statement obligating the distributor to maintain the purchase records on your behalf to meet the requirements of this section.
(b) We may require you to submit all purchase records covering the purchases during a specified period of time or in a specified geographical area.
(9) When you end all pesticide activities, you must file the records with us. Anyone who succeeds or replaces you must retain the records required by this section, but that person is not liable for any violations you commit.
(10) You must ensure that the records required under this section are readily accessible to us for inspection. You must also provide copies of the records on request, to:
(a) An employee or the employee's designated representative in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries;
(b) Treating health care personnel; or
(c) The pesticide incident reporting and tracking review panel.
(11) The designated representative or treating health care personnel are not required to identify the employee represented or treated.
(12) We will keep the name of any affected employee confidential according to RCW 49.17.080(1).
(13) When treating health care personnel request records under this section, and the record is required to determine treatment, you must provide copies of the record immediately. Information for treating health care personnel must be made immediately available by telephone, if requested, with a copy of the records provided within twenty-four hours. For all other requests, you must provide copies of the records within seventy-two hours.
(14) If requested, you must provide copies of records on a form provided by the department.
(15) If you suspect that an employee is ill or injured because of an exposure to one or more pesticides, you must immediately provide the employee with a copy of the relevant pesticide application records.
(16) If you refuse to provide a copy of a requested record, the requester may notify the department of the request and your refusal.
(a) Within seven working days, we will request that you provide us with all pertinent copies of the records, except that in a medical emergency we will request within two working days.
(b) You must provide copies of the records to us within twenty-four hours after we request.
(17) We inspect for the records required under this section
as part of any on-site inspection of a workplace conducted under
this chapter or chapter 49.17 RCW. We will determine, during the
inspection, whether the records are readily transferable to a
form adopted by the department, and readily accessible to
employees. However, your records will not be inspected more than
once in any calendar year, unless a previous inspection has found
recordkeeping violations. If recordkeeping violations are found,
we may conduct reasonable multiple inspections, according to
department rules. (((See WAC 296-27-16018, Compliance
inspections, and WAC 296-27-16026, Programmed inspections.)))
Nothing in this section limits our inspection of records
pertaining to pesticide-related injuries, illnesses, fatalities,
accidents, or complaints.
(18) If you fail to maintain the records, or provide access to or copies of the records required under this section, you will be subject to penalties authorized under RCW 49.17.180.
(19) The department of labor and industries and the department of agriculture will jointly adopt by rule, forms that satisfy the information requirements of this section and RCW 17.21.100.
[Recodified as 296-307-14505. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-14505, filed 10/31/96, effective 12/1/96.]
PART Y - OCCUPATIONAL HEALTH STANDARDSThousands 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 296-307-55055 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. |
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:
Making a list of the hazardous chemicals present in your workplace
Preparing a written Chemical Hazard Communication Program for your workplace
Informing your employees about this rule and your program
Providing training to your employees about working in the presence of hazardous chemicals
Getting and keeping the material safety data sheets (MSDSs) for the hazardous chemicals
Making sure that labels on containers of hazardous chemicals are in place and easy to read
You must:
Develop, implement, maintain, and make available a written Chemical Hazard Communication Program
Identify and list all the hazardous chemicals present in your workplace
Obtain and maintain material safety data sheets (MSDSs) for each hazardous chemical used
Make sure that material safety data sheets (MSDSs) are readily accessible to your employees
Label containers holding hazardous chemicals
Inform and train your employees about hazardous chemicals in your workplace
Follow these rules for laboratories using hazardous chemicals
Follow these rules for handling chemicals in factory sealed containers
The department must:
Translate certain chemical hazard communication documents upon request
Attempt to obtain a material safety data sheet (MSDS) upon request
Exemption: Items or chemicals exempt from the rule, and exemptions from labeling
Definitions
[]
Develop, implement, maintain, and make available a written Chemical Hazard Communication Program specifically for your workplace. The Chemical Hazard Communication Program must, at a minimum, include:
- A list of hazardous chemicals known to be present in your workplace
- Procedures for making sure all containers are properly labeled
- A description of how you are going to obtain and maintain your material safety data sheets (MSDSs)
- A description of how you are going to train and inform your employees about hazardous chemicals in their workplace
- A description of how you are going to inform your employees about:
⧫ Chemical hazards used during nonroutine tasks
⧫ The hazards associated with chemicals contained in unlabeled pipes in their work areas
You must:
Make sure 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) may be exposed:
- Provide the other employer(s) with a copy of the relevant material safety data sheets (MSDSs), or provide access to the MSDSs in a central location at the workplace
- Inform the other employer(s) of any precautionary measures that need to be 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: | |
| 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 companies, cleaning services, 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 MSDSs | |
| Precautionary measures such as personal protective equipment (PPE) 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 in your own written Chemical Hazard Communication Program. |
Make your Chemical Hazard Communication Program available to your employees.
| Note: | 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. |
[]
Identify all hazardous chemicals in your workplace. This includes any chemical that is known to be present in your workplace in such a way that employees may be exposed to it under normal conditions of use or in a foreseeable emergency.
Create a list of these chemicals using the chemical or common name on the material safety data sheet (MSDS). This list:
Must be compiled for the workplace as a whole, or for individual work areas.
Is necessary to make sure that all hazardous chemicals are identified and that MSDS, and labeling rules are met.
Must be current.
| 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. |
[]
Obtain a MSDS for each hazardous chemical used as soon as possible if the MSDS is not provided with the shipment of a hazardous chemical from the chemical manufacturer or importer.
| Note: |
| To obtain a MSDS, you may try calling the manufacturer or checking their website. |
| If you have a commercial account with a retailer or wholesaler, you have the right to request and receive a MSDS about hazardous chemicals you purchase. |
| If a chemical is purchased from a retailer with no commercial accounts, you have the right to request and receive the manufacturer's name and address so that you can contact them and request a MSDS for the chemical. |
| Whoever prepares the MSDS is required to mark all blocks on the form, even if there is no relevant information for that section. |
| If you have problems getting a MSDS within 30 calendar days after making a written request to the chemical manufacturer, importer, or distributor, you can get help from WISHA. You may contact your local regional office for assistance or make a written request for assistance to the: | |
| Department of Labor and Industries | |
| Right-to-Know Program P.O. Box 44610 |
|
| Olympia, Washington 98504-4610 |
| Include in your request: |
| A copy of the purchaser's written request to the chemical manufacturer, importer, or distributor |
| The name of the product suspected of containing a hazardous chemical |
| The identification number of the product, if available |
| A copy of the product label, if available |
| The name and address of the chemical manufacturer, importer, or distributor from whom the product was obtained |
Maintain a MSDS for each hazardous chemical:
- Keep copies of the required MSDSs for each hazardous chemical present in your workplace. These may be kept in any form, including as a part of operating procedures.
- Each MSDS must be in English. You may also keep copies in other languages.
| Note: |
| If you choose not to rely on MSDSs or labels provided by the manufacturer or importer, you must comply with the chemical hazard communication standard for manufacturers, importers, and distributors, WAC 296-62-054. |
| It may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. MSDSs can be designed to cover groups of hazardous chemicals in a work area. |
[]
Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 296-370-55015 is probably intended to be WAC
296-307-55015.
NEW SECTION
WAC 296-307-55020
Make sure material safety data sheets are
readily accessible to your employees.
You must:
Make sure that MSDSs are readily accessible, easily obtained without delay during each work shift to employees when they are in their work area(s).
Make sure that employees, who must travel between workplaces during a work shift, such as when their work is carried out at more than one geographical location, can immediately obtain the required MSDS information in an emergency. (MSDSs may be kept at a central location at the primary workplace facility and accessed by means such as voice communication or laptop computer.)
| Note: |
| Electronic access (such as computer or fax), microfiche, and other alternatives to maintaining paper copies of the MSDSs are permitted as long as they do not create barriers to immediate employee access in each workplace. |
| Barriers to immediate access of electronic 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. |
[]
| EXEMPTIONS: | The following is a summary of items that are exempt from this rule. For complete information about each of these, see WAC 296-307-55055. |
| Pesticides, when labeled as required by the Environmental Protection Agency (EPA) | |
| Food, food additives, color additives, drugs, cosmetics, or medical/veterinary devices or products | |
| Alcoholic beverages not intended for industrial use | |
| Consumer products labeled, as required, by the Consumer Product Safety Commission | |
| Agriculture or vegetable seeds treated and labeled as required by the Federal Seed Act |
| Note: | You are not required to label portable containers into which hazardous chemicals are transferred from labeled containers, if the chemical is used and controlled by the employee who performed the transfer within the same shift. |
Make sure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with the following information:
The identity of the hazardous chemical(s) using either the chemical or common name
| Note: | You are not required to list each component in a hazardous mixture on the label. If a mixture is referred to on a material safety data sheet (MSDS) by a product name, then the product name should be used as the identifier. |