Title of Rule: Chapter 296-800 WAC, Safety and health core rules, chapter 296-32 WAC, Telecommunications standards, chapter 296-62 WAC, General occupational health standards, and chapter 296-155 WAC, Construction standards.

Purpose: As a result of the new safety and health core rules, chapter 296-800 WAC, which was adopted on May 9, 2001, additional clarifying and housekeeping changes are needed. All of the proposed changes are corrections that need to be updated throughout chapters 296-800 and 296-62 WAC, Occupational health standards. These proposed changes are housekeeping in nature and do not increase requirements.

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

Add a reference to subsection (9) referencing the portable fire extinguisher requirements located in WAC 296-800-300.

WAC 296-62-05140 How must employees be kept involved and informed?

Update three references relating to safety committees which is now located in WAC 296-800-130.

WAC 296-155-260 Fire protection.

Add references to subsection (3) referencing the portable fire extinguisher requirements located in WAC 296-800-300.

WAC 296-800-100 Introduction. The WISHA core rules.

Reword and reformat for clarification.

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

Reformat for clarification.

WAC 296-800-11005 Provide a workplace free from recognized hazards.

Add appropriate punctuation.

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

Reformat for clarification.

WAC 296-800-120 Rule -- Employee responsibilities.

Change title of this section to "Employee's responsibility."

WAC 296-800-12005 Employee responsibilities.

Change the word "your" to "their" in two places for clarification.

WAC 296-800-13005 Establish a safety committee or have safety meetings.

Add the words "You must" for consistency.

WAC 296-800-13010 Make sure that each meeting includes a discussion of established safety topics.

Delete redundant language.

WAC 296-800-15005 Make sure that first-aid trained personnel are available to provide quick and effective first aid.

Add the word "or" for clarification.

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

Reformat and reword for clarification.

WAC 296-800-160 Personal protective equipment -- Summary.

	Reformat for clarification.
	Delete redundant language.

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

Reformat for clarification.

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

Delete the word "or" for clarification.

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

Replace the word "employer" with "employee" in the second bullet for clarification.

WAC 296-800-16050 Make sure your employees use appropriate eye and face protection.

Add a note that provides the address for American National Standards Institute (ANSI).

WAC 296-800-170 Employer chemical hazard communication -- Introduction.

	Reformat and reword for clarification.
	Delete unnecessary language.

WAC 296-800-17005 Develop, implement, maintain, and make available a written chemical hazard communication program.

Correct typographical errors.

WAC 296-800-17010 Identify and list all the hazardous chemicals present in your workplace.

Reformat for clarification.

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

	Reword language in the note for clarification.
	Delete unnecessary language.

WAC 296-800-17020 Make sure material safety data sheets are readily accessible to your employees.

	Changed the title to read, "Make sure material safety data sheets (MSDSs) are readily accessible to your employees."
	Replace the word "to" with "by."

WAC 296-800-17025 Label containers holding hazardous chemicals.

	Reformat for clarification.
	Delete unnecessary language.

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

Delete the "that."

WAC 296-800-17035 Follow these rules for laboratories using hazardous chemicals.

Add language for clarification.

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

Add the reference "(MSDSs)" for clarification.

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

Delete the word "introduction" from the title of this section.

WAC 296-800-18015 Provide access to exposure records.

Reformat and reword for clarification.

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

Reformat for clarification.

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

Delete the letter "s" from the word "resources."

WAC 296-800-21005 Provide and maintain adequate lighting.

	Add a reference relating to the resource section.
	Delete the word "or" in the note.

WAC 296-800-22020 Control pests in your workplace.

Correct a typographical error.

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

	Add the words "into drinking water systems" to the title of WAC 296-800-23015 on the summary page so it matches the actual title of the section.
	Reformat for clarification.

WAC 296-800-23005 Provide safe drinking (potable) water in your workplace.

Reformat and reword for clarification.

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

Reformat for clarification.

WAC 296-800-23025 Provide convenient, clean washing facilities.

Reformat for clarification.

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

Reword for clarification.

WAC 296-800-250 Stairs and stair railings -- Summary.

Reformat for clarification.

WAC 296-800-25005 Provide fixed stairs where required.

Delete duplicative bullets.

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

Add a reference relating to chapter 296-24 WAC, the general safety and health standard.

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

Reformat for clarification.

WAC 296-800-27020 Post approved load limits (weight limits) for floors.

Add the word "as" to the second bullet. Delete the word "must."

WAC 296-800-280 Basic electrical rules. Summary.

Reformat for clarification.

WAC 296-800-28005 Inspect all electrical equipment your employees use to make sure the equipment is safe.

Delete periods.

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

Reformat the definitions.

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

Add punctuation.

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

Reformat and reword for clarification.

WAC 296-800-28030 Maintain all flexible cords and cables in good condition and use safely.

Reformat for clarification.

WAC 296-800-28040 Make sure electrical equipment is effectively grounded.

Reformat for clarification.

WAC 296-800-29015 Use your portable metal ladders safely.

Reword for clarification.

WAC 296-800-29025 Make sure your portable wooden ladders are kept in a good condition.

Replace the word "is" with "are" in the first bullet.

WAC 296-800-29030 Use your portable wooden ladders safely and for their intended purpose.

Add the word "not" in subsection (2), second bullet.

WAC 296-800-300 Summary -- Portable fire extinguishers.

	Reformat for clarification.
	Delete the words "you have" for clarification.

WAC 296-800-30010 Select and distribute portable fire extinguishers in your workplace.

Correct errors in the "fire extinguisher distance table."

WAC 296-800-30020 Inspect and test all portable fire extinguishers.

Add clarifying language.

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

Reformat for clarification.

WAC 296-800-31010 Make sure that exit routes are large enough.

Correct a typographical error.

WAC 296-800-31035 Use side-hinged doors to connect rooms to exit routes.

Delete unnecessary punctuation.

WAC 296-800-320 Accident reporting and investigating -- Summary.

Reformat for clarification.

WAC 296-800-32005 Report the death, probable death of any employee, or the in-patient hospitalization of 2 or more employees within 8 hours.

Delete unnecessary punctuation.

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

	Reformat for clarification.
	Delete page number references.

WAC 296-800-35010 Citations mailed after an inspection.

Add clarifying language relating an address.

WAC 296-800-35012 Employees (or their representatives) can request a citation and notice.

Add clarifying language relating an address.

WAC 296-800-35026 Probability rate determination.

Add punctuation.

WAC 296-800-35030 Base penalty adjustments.

Delete the word "employer's."

WAC 296-800-35040 Reasons for increasing civil penalty amounts.

Add punctuation.

WAC 296-800-35048 Submit progress reports to the department when required.

Delete the word "and" from the note.

WAC 296-800-35050 Inform affected employees and their representatives of abatement actions you have taken.

Delete the words "you must."

WAC 296-800-35062 WISHA's response to your request for more time.

Delete the word "and" from the second bullet.

WAC 296-800-35064 A hearing can be requested about the department's response.

Add a comma.

WAC 296-800-35066 Hearing procedures.

Delete the word "recorded" from the fifth bullet.

WAC 296-800-35084 Notify employees.

Correct a reference.

WAC 296-800-370 Definitions.

	Delete the note at the beginning of this section.
	Add language to the definition of "affected employee."
	Add language to the definition of "attachment plug or plug."
	Add language to the definition of "bathroom."
	Add language to the definition of "board."
	Add language to the definition of "certification."
	Delete the word "or" from the definition of "chemical name."
	Add language to the definition of "commercial account."
	Add language to the definition of "common name."
	Add language to the definition of "container."
	Add language to the definition of "damp location."
	Add language to the definition of "distributor."
	Add language to the definition of "documentation."
	Add language to the definition of "dry location."
	Add language to the definition of "employee exposure record."
	Add language to the definition of "exposure or exposed."
	Delete the word "or" from the definition of "exposure or exposed."
	Delete the word "you" from the definition of "failure-to-abate."
	Add parenthesis to the definition of "final order."
	Delete language from the definition of "first aid."
	Correct punctuation in the definition of "flammable."
	Add language to the definition of "foreseeable emergency."
	Add language to the definition of "hazard warning."
	Add language to the definition of "health hazard."
	Add language to the definition of "identity."
	Add language to the definition of "importer."
	Add language to the definition of "Occupational Safety and Health Administration."
	Add language to the definition of "physical hazard."
	Add language to the definition of "receptacle or receptacle outlet."
	Delete the definition of "toilet."
	Add language to the definition of "tread."
	Add language to the definition of "tread run."
	Delete the definition of "urinal."
	Add language to the definition of "wet location."
	Add language to the definition of "working days."
	Delete language from the definition of "workplace."

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

Statute Being Implemented: Chapter 49.17 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal does not change existing rules.

September 5, 2001

Gary Moore

Director

OTS-5075.1

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-100   Introduction.   The WISHA Core Rules: Your foundation for a safe and healthful workplace. This book contains 26 basic safety and health rules that affect all employers and should cover almost everything small, nonmanufacturing employers need for a safe and healthful workplace. These core rules include requirements for your Accident Prevention Program, personal protective equipment, first aid, and hazard communication program.

Note: ((There are other WISHA rules)) You may need to comply with other WISHA rules. For a complete list of WISHA rules, see the resources section of this book.

Why does workplace safety and health matter to you?

On average, two people lose their lives every week in job-related incidents in Washington state. Each year, more than 250,000 workers' compensation claims are accepted for work-related injuries and illnesses. Medical care and wage replacement for these injured workers costs more than a billion dollars. The indirect costs of workplace injuries are even larger in terms of lost quality of life, personal financial ruin, operating costs of business, and decreased profitability. Employers and employees who work together to identify and control hazards on the job can save lives and money while improving business and productivity.

What ((is)) are L&I and WISHA?

The department of labor and industries (L&I) is a state agency that provides many different services:

Workplace safety and health, including inspections and enforcement, consultation, technical assistance, training, education and grants. (WISHA)

Workers' compensation (or industrial insurance), including claims management, rate setting, medical payments, and research.

Specialty compliance services, including contractor registration, electrical inspections, boiler and elevator inspections, apprenticeship programs and employment standards.

Many of these services are available from L&I's twenty-two regional offices (see the resource((s)) section of this book for a list of regional offices).

In 1973, the legislature passed the Washington Industrial Safety and Health Act or WISHA (Revised Code of Washington (chapter 49.17 RCW)). WISHA requires employers to provide safe and healthful workplaces for all employees. It gives L&I the responsibility to establish and enforce workplace safety and health rules. These rules are the Washington Administrative Code (WAC).

How does WISHA work?

WISHA covers nearly all employers and employees in Washington, including employees who work for the state, counties, and cities. L&I inspectors enforce WISHA rules by inspecting workplaces without advance notice including investigations of work-related deaths, injuries, and employees' complaints. When WISHA inspectors find a violation in a workplace, they issue a citation to the employer and a penalty may be attached. If you have questions about whether you are covered by WISHA, call 1-800-4BE SAFE (1-800-423-7233) or a local office of L&I.

What is OSHA and its relationship to WISHA?

The U.S. Congress created the Occupational Safety and Health Administration (OSHA) in 1971 to develop and enforce workplace safety and health rules throughout the country. States may choose to run their own safety and health programs as long as they are at least as effective as OSHA. Washington state has chosen to run its own program and most employers in the state, therefore, are subject to enforcement by L&I and not by federal OSHA.

In Washington state, OSHA covers workplaces with federal employees, nonfederal employees working on federal reservations and military bases, employees working on floating worksites (floating dry docks, fishing boats, construction barges), and employees working for tribal employers on tribal lands.

Does WISHA apply to you?

WISHA applies to almost every employer and employee in Washington. WISHA applies to you if:

You hire someone to work for you as an employee, including workers from a temporary agency.

You are hired to work for someone as their employee.

You own your own business or you are a corporate officer and have elected industrial insurance coverage for yourself.

You have a contract with someone else that primarily involves personal labor, even though you are not required to pay industrial insurance or unemployment insurance premiums.

You volunteer your personal labor, or you have volunteers working for you who receive any benefit or compensation.

If you have any questions about your particular situation, call 1-800-4BE SAFE (1-800-423-7233) or contact your local office of L&I for help. See the resource((s)) section of this book for a complete list of L&I offices.

Are there other safety and health rules I need to know about?

In addition to the rules in the WISHA Safety and Health Core Rules book, there are other general WISHA rules that may apply to employers, depending upon the industry and workplace activities. See the resource((s)) section of this book for a complete list of WISHA rules or go to the website for all the state rules administered by L&I at http://www.wa.gov/lni/home/wacs.htm. If you have questions about these rules or would like copies of them, call 1-800-4BE SAFE (1-800-423-7233) or your local office of L&I.

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 equipment. The fire ((marshall)) marshal 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.

How can WISHA help employers and employees?

Employers can ask WISHA safety and health consultation staff for free, confidential consulting services in your workplace. WISHA safety and health professionals can examine your workplace and make recommendations about how to comply with WISHA rules. If the consultant finds hazards, the employer will be given a reasonable period of time to correct the hazard without citation or penalty.

Sometimes you might have to wait for an appointment because of the demand for these services. You still must provide a safe workplace while you wait for a consultation.

WISHA offers a wide variety of free services:

Safety and health workshops held in locations throughout the state

A comprehensive safety and health video lending library

Safety and health publications geared for both employer and employee

Website with on-line publications and learning opportunities

Note:

By law, WISHA consultants do not have any enforcement authority.

Link: For more information, call 1-800-4BE SAFE (1-800-423-7233) or visit http://www.wa.gov/lni/home/training.htm.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-100, filed 5/9/01, effective 9/1/01.]

((Note:

Use these rules where there are no specific rules applicable to the particular hazard.

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.))

You must:

Provide a workplace free from recognized hazards.

WAC 296-800-11005.

Provide and use means to make your workplace safe.

WAC 296-800-11010.

Prohibit employees from entering, or being in, any workplace that is not safe.

WAC 296-800-11015.

Construct your workplace so it is safe.

WAC 296-800-11020.

Prohibit alcohol and narcotics from your workplace.

WAC 296-800-11025.

Prohibit employees from using equipment or materials that do not meet requirements.

WAC 296-800-11030.

Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.

WAC 296-800-11035.

Note:

Use these rules where there are no specific rules applicable to the particular hazard.

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-110, filed 5/9/01, effective 9/1/01.]

Provide your employees a workplace free from recognized hazards that are causing, or are likely to cause, serious injury or death.

Note:

A hazard is recognized if it is commonly known in the employer's industry, or if there is evidence that the employer knew or should have known of the existence of the hazard, or if it can be established that any reasonable person would have recognized the hazard.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-11005, filed 5/9/01, effective 9/1/01.]

Not construct, or cause to be constructed, a workplace that is not safe.

This rule applies to employers, owners, and renters of property used as a place of employment.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-11020, filed 5/9/01, effective 9/1/01.]

Note:

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-120, filed 5/9/01, effective 9/1/01.]

Study and follow all safe practices that apply to their work.

Coordinate and cooperate with all other employees in the workplace to try to eliminate on-the-job injuries and illnesses.

Apply the principles of accident prevention in ((your)) their daily work and use proper safety devices and protective equipment as required by ((your)) their employment or employer.

Take care of all personal protective equipment (PPE) properly.

Not wear torn or loose clothing while working around machinery.

Note:

Things such as clothing, hair, and jewelry can get caught in machinery and be a hazard on the job.

Employees must:

Report promptly to their supervisor every industrial injury or occupational illness.

Not remove, displace, damage, or destroy or carry off any safeguard, notice, or warning provided to make the workplace safe.

Not interfere with use of any safeguard by anyone in the workplace.

Not interfere with the use of any work practice designed to protect them from injuries.

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

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-12005, filed 5/9/01, effective 9/1/01.]

If:	Then:
You employ 11 or more employees on the same shift at the same location	You must establish a safety committee
You have 10 or less employees or If you have 11 or more that meet these conditions: Work on different shifts 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 may elect to have a safety meeting instead of a safety committee

You must:

Make sure your safety committee:

Has both employer-selected and employee-elected 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).

Note:

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-13005, filed 5/9/01, effective 9/1/01.]

At each safety committee or safety meeting:

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

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

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

((In addition, at each meeting you must:))

Document attendance.

Write down subject(s) discussed.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-13010, filed 5/9/01, effective 9/1/01.]

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 employees 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.

Adequately post emergency telephone numbers in your workplace.

OR

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.

You must:

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-15005, filed 5/9/01, effective 9/1/01.]

((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.))

You must:

Make sure that every two years, employees are trained in and able to demonstrate their skill and knowledge of the following subject areas:

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.

Note:

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

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-15010, filed 5/9/01, effective 9/1/01.]

((What is PPE?:)) PPE 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.

((EXEMPTION:

WAC 296-800-16015, 296-800-16025, 296-800-16030, and 296-800-16035 do not apply to electrical protective equipment or respiratory protection. See chapters 296-24 WAC, Part L, and chapter 296-62 WAC Part E, for rules about these types of protective equipment.))

You must:

Do a hazard assessment for PPE.

WAC 296-800-16005.

Document your hazard assessment for PPE.

WAC 296-800-16010.

Select appropriate PPE for your employees.

WAC 296-800-16015.

Provide PPE to your employees.

WAC 296-800-16020.

Train your employees to use PPE.

WAC 296-800-16025.

Retrain employees to use PPE, if necessary.

WAC 296-800-16030.

Document PPE training.

WAC 296-800-16035.

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

Keep your PPE safe and in good condition.

WAC 296-800-16045.

Make sure your employees use appropriate face and eye protection.

WAC 296-800-16050.

Make sure your employees use appropriate head protection.

WAC 296-800-16055.

Make sure your employees use appropriate foot protection.

WAC 296-800-16060.

Make sure your employees use appropriate hand protection.

WAC 296-800-16065.

Make sure your employees are protected from drowning.

WAC 296-800-16070.

Exemption:

WAC 296-800-16015, 296-800-16025, 296-800-16030, and 296-800-16035 do not apply to electrical protective equipment or respiratory protection. See chapters 296-24 WAC, Part L and chapter 296-62 WAC, Part E, for rules about these types of protective equipment.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-160, filed 5/9/01, effective 9/1/01.]

(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.

(2) Select PPE that properly fits each at-risk employee.

Note:	The hazards in your workplace have special rules that ((may)) apply to them.
	For information about PPE for specific workplaces, see these WISHA rule books:

((Chapter 296-24 WAC	General Safety and Health Standards
Chapter 296-32 WAC	Telecommunication
Chapter 296-45 WAC	Electrical Workers
Chapter 296-54 WAC	Logging Operations
Chapter 296-59 WAC	Ski Area Facilities and Operations
Chapter 296-62 WAC	General Occupational Health Standards
Chapter 296-79 WAC	Pulp, Paper, and Paperboard Mills and Converters
Chapter 296-155 WAC	Construction Work
Chapter 296-301 WAC	Textile Industry
Chapter 296-304 WAC	Ship Repairing, Ship Building and Shipbreaking
Chapter 296-305 WAC	Fire Fighters))

Construction Work	Chapter 296-155 WAC
Electrical Workers	Chapter 296-45 WAC
Fire Fighters	Chapter 296-305 WAC
General Occupational Health Standards	Chapter 296-62 WAC
General Safety and Health Standards	Chapter 296-24 WAC
Logging Operations	Chapter 296-54 WAC
Pulp, Paper and Paper Board Mills and Converters	Chapter 296-79 WAC
Ship Repairing, Ship Building and Shipbreaking	Chapter 296-304 WAC
Ski Area Facilities and Operations	Chapter 296-59 WAC
Telecommunication	Chapter 296-32 WAC
Textile Industry	Chapter 296-301 WAC

Note:	For help in selecting PPE for your employees, you have several options. You may:
	Visit the OSHA website http://www.osha-slc.gov/SLTC/personalprotectiveequipment/index.html.
	Call 1-800-4BE SAFE (1-800-423-7233) for guidelines for selecting PPE.
	Consult with safety and health professionals knowledgeable in this area. See resource section for links to professional organizations.
	Discuss PPE choices with your employees.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-16015, filed 5/9/01, effective 9/1/01.]

Provide PPE wherever hazards exist from:

Processes or the environment

Chemical hazards

Radiological hazards or

Mechanical irritants that could cause injury or impairment to the function of any body part through absorption, inhalation, or physical contact.

Provide necessary PPE to employees at no cost to the employee if the PPE:

Will be used to protect against hazardous materials ((or))

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

Note:	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 nonprescription protective eye wear.
	Goggles that fit over prescription eye wear.
	Hard hats.
	Full body harnesses and lanyards.
	Single use or disposable PPE such as plastic type gloves used in the food service or medical industries.
	Examples of PPE that the employer may not have to provide are:
	Coats to protect against inclement weather.
	Leather boots, with or without steel toes, that will not become contaminated on the job.
	Prescription protective eye wear (except as part of a full face piece or hooded respirator).

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-16020, filed 5/9/01, effective 9/1/01.]

Communicate your PPE selection decision to each at-risk employee.

Provide training to each employee who is required to use PPE on the job. Each affected employee must be trained to know at least the following:

When PPE is necessary

What PPE is necessary

How to put on, take off, adjust, and wear PPE

Limitations of PPE

Proper care, maintenance, useful life, and disposal of PPE.

Make sure before an employee is allowed to perform work requiring the use of PPE that the ((employer)) employee can:

Demonstrate an understanding of the training specified above; and

Demonstrate the ability to use PPE properly.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-16025, filed 5/9/01, effective 9/1/01.]

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

Flying particles.

Molten metal.

Liquid chemicals.

Acids or caustic liquids.

Chemical gases or vapors.

Any light that could injure the eyes such as lasers, ultraviolet, or infrared light.

Make sure employees exposed to hazards from flying objects have eye protection with side protection, such as safety glasses with clip-on or slide-on side shields.

Make sure eye protection for employees who wear prescription lenses:

Incorporates the prescription into the design of the eye protection; or

Is large enough to be worn over the prescription lenses without disturbing them.

Make sure PPE used to protect the eyes and face meet the following specific ANSI (American National Standards Institute) standards: (Most commercially available PPE is marked with the specific ANSI requirements.)

PPE bought before February 20, 1995, must meet ANSI standard A87.1-1968.

PPE bought after February 20, 1995, must meet ANSI standard Z87.1-1989.

If you use eye or face protection that does not meet these ANSI standards, you must show they are equally effective.

Note:	ANSI is the American National Standards Institute that publishes nationally recognized safety and health requirements. Their address is:
	ANSI (American National Standards Institute)
	1819 L Street NW
	Washington, DC 20036
	Phone: (202) 293-8020
	Fax: (202) 293-9287
	http://www.ansi.org

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-16050, filed 5/9/01, effective 9/1/01.]

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 distributers, 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)), and 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)) manner and frequency that a consumer would use it when cleaning their house, ((the)) your exposure should be the same as the consumer's, you are exempt. ((("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 a consumer ((use)), and is not exempt.
	Manufactured items that remain intact are exempt ((for)) from this rule.
	Manufactured items that are fluids or in the form of particles are not exempt from 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.))

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 distributers, 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.

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:

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.

WAC 296-800-17005.

Identify and list all the hazardous chemicals present in your workplace.

WAC 296-800-17010.

Obtain and maintain material safety data sheets (MSDS) for each hazardous chemical used.

WAC 296-800-17015.

Make sure that material safety data sheets (MSDS) are readily accessible to your employees.

WAC 296-800-17020.

Label containers holding hazardous chemicals.

WAC 296-800-17025.

Inform and train your employees about hazardous chemicals in your workplace.

WAC 296-800-17030.

Follow these rules for laboratories using hazardous chemicals.

WAC 296-800-17035.

Follow these rules for handling chemicals in factory sealed containers.

WAC 296-800-17040.

The department must:

Translate certain chemical hazard communication documents upon request.

WAC 296-800-17045.

Attempt to obtain a material safety data sheet (MSDS) upon request.

WAC 296-800-17050.

Exemption:

Items or chemicals exempt from the rule, and exemptions from labeling.

WAC 296-800-17055.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-170, filed 5/9/01, effective 9/1/01.]

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 this in your own written Chemical Hazard Communication Program.

You must:

Make your Chemical Hazard Communication Program available to your employees.

Note:	You must make the written Chemical Hazard Communication Program available, upon request, to employees, their designated representatives, the department and NIOSH, in accordance with the requirements of Access to records, WAC 296-62-052.
	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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-17005, filed 5/9/01, effective 9/1/01.]

Identify all hazardous chemicals at 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 (see the resource section of this book).

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-17010, filed 5/9/01, effective 9/1/01.]

Note:

MSDSs are a type of employee exposure record. Therefore, you must comply with the ((Access to MSDS)) material safety data sheets (MSDSs) as exposure records, WAC 296-800-180, located in this book.

You must:

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.

You must:

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. MSDS can be designed to cover groups of hazardous chemicals in a work area.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-17015, filed 5/9/01, effective 9/1/01.]

Make sure that MSDSs are readily accessible, easily obtained without delay during each work shift ((to)) by employees when they are in their work area(s).

Make sure that employees can immediately obtain the required MSDS information in an emergency.

Where employees must travel between workplaces during a workshift, such as when their work is carried out at more than one geographical location, the MSDSs may be kept at a central location at the primary workplace facility.

This can be done 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.
	MSDSs must also be made readily available, upon request, to the department in accordance with the requirements of 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 MSDSs in the same manner.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-17020, filed 5/9/01, effective 9/1/01.]

Exemptions:	The following is a summary of items that are exempt from this rule((. For complete information about each of these, see WAC 296-800-17055.)):
	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.
	For complete information about each of these, see WAC 296-800-17055.

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.

You must:

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.))

Appropriate hazard warnings which give general information about the relevant health and physical hazards of the chemicals. This includes health effects information, such as information about organs most likely to be affected by the chemicals.

((Examples of label:

Name of chemical

Physical hazards

Health Hazards

Health effects information

Affected Target organs))

For individual stationary process containers, you may use alternate labeling methods such as:

⧫ Signs

⧫ Placards

⧫ Process sheets

⧫ Batch tickets

⧫ Operating procedures or

⧫ Other such written materials,

as long as the alternate method identifies the containers and conveys the required label information.

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.
	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 the labeling system you use.))

Sample Container Labels

Not remove or deface existing labels on incoming containers of hazardous chemicals (such as those marked with the United States Department of Transportation (USDOT) markings, placards and labels), unless the container is immediately labeled with the required information. You do not need to put on new labels if existing labels already provide the required information. If the package or container is sufficiently cleaned of residue and purged of vapors to remove any potential health or physical hazard, existing labels can be removed.

Place illustration here.

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.

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.

Note:

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

((Place illustration here.

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.))

Make sure if the hazardous chemical is regulated by WISHA or OSHA in a substance-specific health rule, that the labels or other warnings are used according to those rules.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-17025, filed 5/9/01, effective 9/1/01.]

Provide employees with effective information on hazardous chemicals in their work area at the time of their initial job assignment. Whenever a new physical or health hazard related to chemical exposure is introduced into their employees' work areas, information must be provided.

Inform employees of:

⧫ The requirements of this rule

⧫ Any operations in their work area where hazardous chemicals are present

⧫ The location and availability of your written Chemical Hazard Communication Program, including the list(s) of hazardous chemicals and material safety data sheets (MSDSs) required by this rule.

Provide employees with effective training about hazardous chemicals in their work area at the time of their initial job assignment. Whenever a new physical or health hazard related to chemical exposure is introduced, the employees must be trained.

Make sure ((that)) employee training includes:

Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area.

Examples of these methods and observations may include:

⧫ Monitoring conducted by you

⧫ Continuous monitoring devices

⧫ Visual appearance or odor of hazardous chemicals when being released

⧫ Physical and health hazards of the chemicals in the work area, including the likely physical symptoms or effects of overexposure

⧫ Steps employees can take to protect themselves from the chemical hazards in your workplace, including specific procedures implemented by you to protect employees from exposure to hazardous chemicals. Specific procedures may include:

&sqbul; Appropriate work practices

&sqbul; Engineering controls

&sqbul; Emergency procedures

&sqbul; Personal protective equipment to be used

&sqbul; Details of the chemical hazard communication program developed by you, including an explanation of the labeling system and the MSDS, and how employees can obtain and use the appropriate hazard information.

Tailor information and training to the types of hazards to which employees will be exposed. The information and training may be designed to cover categories of hazards, such as flammability or cancer-causing potential, or it may address specific chemicals. Chemical-specific information must always be available through labels and MSDSs

Make reasonable efforts to post notices in your employees' native languages (as provided by the department) if those employees have trouble communicating in English.

Note:

Interactive computer-based training or training videos can be used provided they are effective.

Your MSDSs may not have WISHA permissible exposure limits (PELs) listed. In some cases, WISHA PELs are stricter than the OSHA PELs and other exposure limits listed on the MSDSs you receive. If this is the case, you must refer to the WISHA PEL table, WAC 296-62-075, for the appropriate exposure limits to be covered during training.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-17030, filed 5/9/01, effective 9/1/01.]

Note:	Laboratories are required to have a written Chemical hygiene plan under WAC 296-62-400, if applicable. They are not required to have a written Chemical Hazard Communication Program.
	You may combine your accident prevention program and chemical hazard communication program to assist you in developing a chemical hygiene plan for your laboratory.

You must:

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

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

(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)). You do not have to cover the location and the availability of the ((Written Chemical)) Hazard Communication Program.

Note:

Laboratory employers that ship hazardous chemicals are considered to be either chemical manufacturers or distributors. When laboratory employers ship hazardous chemicals they must comply with the rule, "hazard communication standards for chemical manufacturers, importers and distributors," WAC 296-62-054.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-17035, filed 5/9/01, effective 9/1/01.]

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 (MSDSs).

Keep any MSDSs 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 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) 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. You do not have to cover the location and availability of the written Chemical Hazard Communication Program.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-17040, filed 5/9/01, effective 9/1/01.]

This rule supplements the chemical hazard communication rule by extending access to MSDSs, or their alternative, after employment and after the hazardous chemical is no longer used in the workplace. Your responsibility:

To preserve and provide access to material safety data sheets (MSDSs) or their alternative as exposure records.

You must:

Preserve exposure records for at least 30 years.

WAC 296-800-18005.

Inform current employees of exposure records.

WAC 296-800-18010.

Provide access to exposure records.

WAC 296-800-18015.

Transfer records when ceasing to do business.

WAC 296-800-18020.

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 and 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, or 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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-180, filed 5/9/01, effective 9/1/01.]

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 this requirement, they must inform the requesting party of the reason for the delay and the earliest date the record will be made available.

Note:	Employee means any current, former or transferred worker.
	A relevant exposure record could be MSDSs or their alternative,
	OR
	Analysis using MSDSs or their alternative.

You must:

Make sure the 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.

Note:

Nothing in this rule is meant to prevent employees and collective bargaining agents from getting access to information beyond that required by this rule.

You must:

Make sure that whenever an employee or designated representative requests an initial copy of an exposure record, related analysis or new information added to the record:

A copy of the record is provided without cost to the employee or their representative or

The facilities are made available for copying without cost to the employee or their representative or

The record is loaned to the employee or their representative for a reasonable time to enable a copy to be made.

Note:

Whenever a record has been previously provided without cost to an employee or designated representative, and they request additional copies, the employer may charge reasonable, nondiscriminatory administrative costs (e.g., search and copying expenses, but no overhead expenses).

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-18015, filed 5/9/01, effective 9/1/01.]

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

Received

Preserve

Keep unchanged

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's business

and

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

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-18020, filed 5/9/01, effective 9/1/01.]

Post it where it can easily be seen by employees and keep it in good condition.

Note:	You can order a free copy of the WISHA Poster (Form F416-081-000) from any labor and industries office. Find the labor and industries office closest to you by:
	Looking at http://www.wa.gov/lni/pa/direct.htm or
	Calling 1-800-4BE SAFE (1-800-423-7233) or
	Checking the resource((s)) section of this book for regional offices.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-20005, filed 5/9/01, effective 9/1/01.]

Note:

This section establishes minimal levels of lighting for safety purposes only. Guidelines pertaining to optimal levels of lighting and illumination may be found in Practice for Industrial Lighting, ANSI/IES RP7-1979. (See the resource section of this book on how to contact ANSI.)

You must:

Provide and maintain adequate lighting for all work activities in your workplace. See the following table.

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-21005, filed 5/9/01, effective 9/1/01.]

Make sure each building in your workplace is constructed, equipped and maintained so it restricts pests from entering or living in it. Pests include animals such as:

Rodents (rats, mice, and squirrels)

Birds (starlings, pigeons, and swallows)

Insects (bees, wasps, and mosquitoes)

Take steps to effectively control pests in your workplace, if they are detected.

Carry out a continuing and effective control program in the areas of your workplace where pests have been detected.

Note:

By handling dead or live pests including their 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 resource((s)) 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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-22020, filed 5/9/01, effective 9/1/01.]

You must:

Provide safe drinking (potable) water in your workplace

WAC 296-800-23005.

Clearly mark the water outlets that are not-fit-for-drinking (nonpotable)

WAC 296-800-23010.

Make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems.

WAC 296-800-23015.

Provide bathrooms for your employees

WAC 296-800-23020.

Provide convenient, clean washing facilities

WAC 296-800-23025.

Keep containers used for garbage or waste in a sanitary condition

WAC 296-800-23030.

Remove garbage and waste in a way that does not create a health hazard

WAC 296-800-23035.

Note:

Some industries may have additional rules on bathrooms and washing facilities. For example:

((WAC 296-62-07308	Carcinogens; general regulated area requirements
WAC 296-62-31315	Hazardous waste operations and treatment, storage and disposal facilities
WAC 296-155-140	Construction
WAC 296-115-050	Charter boats
chapter 296-307 WAC	Agriculture; indoor sanitation and temporary labor camps
WAC 296-36-160(5)	Compressed air work
WAC 296-24-12507	Temporary labor camps))

Industry	WAC
Agriculture; indoor sanitation and temporary labor camps	chapter 296-307 WAC
Carcinogens; general regulated area requirements	WAC 296-62-07308
Charter boats	WAC 296-115-050
Compressed air work	WAC 296-36-160(5)
Construction	WAC 296-155-140
Hazardous waste operations and treatment, storage and disposal facilities	WAC 296-62-31315
Temporary labor camps	WAC 296-24-12507

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-230, filed 5/9/01, effective 9/1/01.]

(1) Provide safe drinking (potable) water for employees for:

Washing themselves

Personal service rooms

Cooking

Washing premises where food is prepared or processed

Washing food, eating utensils, or clothing

(2) Make sure when containers and dispensers are provided that:

((Make sure)) Your movable, or portable, drinking water dispensers are:

Capable of being closed

Kept in sanitary condition

Equipped with a tap

((Prohibit)) The use of open containers such as barrels, pails, and tanks from which employees must dip or pour drinking water are prohibited, even if the containers have covers.

(3) Prohibit employees from using shared drinking cups or utensils.

Definition: Potable water is water that you can safely drink that meets specific safety standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-23005, filed 5/9/01, effective 9/1/01.]

(1) Mark nonpotable water outlets, such as those used for industrial processes or firefighting, so that no one will use them for:

(()) Drinking

(()) Washing themselves

(()) Cooking

(()) Washing food, eating utensils, or clothing.

(2) 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 substances.

Note:	As long as the water does not contain substances that could create unsafe conditions, then nonpotable water can be used for:
	Cleaning work premises that do not involve food preparation or food processing
	Cleaning personal service rooms, such as bathrooms.

Place illustration here.

(((2) 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 substances.

Note:	As long as the water does not contain substances that could create unsafe conditions, then nonpotable water can be used for:
	Cleaning work premises that do not involve food preparation or food processing
	Cleaning personal service rooms, such as bathrooms.))

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-23010, filed 5/9/01, effective 9/1/01.]

Exemption:	You do not have to provide washing facilities for:
	Mobile crews, if your employees working there have transportation immediately available to nearby washing facilities meeting the requirements of this rule.
	Work locations not normally attended by employees, if they have transportation immediately available to nearby accessible washing facilities meeting the requirements of this rule.

You must:

Provide the following for your employees:

Convenient, clean washing facilities, including sinks or basins for personal washing

Hot and cold water, or lukewarm (tepid), running water in each sink and basin

Hand soap or similar cleaning agents

((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.))

Individual sections of clean continuous cloth toweling; or

Warm air blowers for drying hands, in a location near the sinks and basins.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-23025, filed 5/9/01, effective 9/1/01.]

You must:

Use engineering or administrative controls to minimize the amount of tobacco smoke that comes into your office(s) from outside the building.

Make sure that outside smoking areas used by your employees are not close to doorways, air intakes, and other openings that may allow airflow directly into an office.

Note:	((By changing)) Administrative controls change the way workers do their job, ((you can reduce)) reducing work exposure to potential hazards. ((These changes are called administrative controls and)) This includes such things as:
	Job rotation
	Wetting down dusty areas
	Having employees shower after exposure to potentially harmful substances
	Maintaining equipment properly
	Cleaning up work areas to control the effect of potential hazards
	Engineering controls let you plan or physically change the machinery or work environment to prevent employee exposure to potential hazards. This includes any modification of plant equipment, processes, or materials to reduce employees' exposure to toxic materials or harmful physical agents.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-24010, filed 5/9/01, effective 9/1/01.]

((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.))

You must:

Provide fixed stairs where required

WAC 296-800-25005

Provide stairs that minimize hazards

WAC 296-800-25010

Provide handrails and stair railings

WAC 296-800-25015.

Exemptions:	This rule does not apply to:
	⧫ Stairs used exclusively for fire exit purposes
	⧫ Construction operations (See WAC 296-24-76503 for the specifications for the 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((")) stairs 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.

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-250, filed 5/9/01, effective 9/1/01.]

Install fixed stairs where:

Employees travel between different levels on a predictable and regular basis.

Access to platforms is required to give routine attention to equipment under operation.

Daily movement between elevations is required to gauge, inspect, and maintain equipment where those work assignments may expose employees to acids, caustics, gases, or other harmful substances.

Carrying tools or equipment by hand is a normal work requirement.

Not use spiral stairways except as secondary exit routes.

Note:	You can use fixed ladders for climbing elevated structures, such as tanks, towers, and overhead traveling cranes, when their use is common practice in your industry.
	You can use winding stairways on tanks and similar round structures if the structure's diameter is at least five feet.
	You could use a spiral stairway as an exit route in a restricted area that lacks room for a conventional stairway.

Definitions:	A stairway or fixed stairs is a series of steps and landings:
	(()) Leading from one level or floor to another.
	(()) Leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment.
	(()) Used more or less continuously or routinely by employees or only occasionally by specific individuals.
	(()) With three or more risers.
	A riser is the vertical part of the step at the back of a tread that rises to the front of the tread above.
	A tread is the horizontal part of the step. Tread width is the distance from the front of the tread to the back.

Stair Components

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-25005, filed 5/9/01, effective 9/1/01.]

Exemption:

Vehicle service pit stairways are exempt from the rules for stairway railing and guards, if they would prevent a vehicle from moving into a position over the pit.

Definition:	Handrail is a single bar or pipe on brackets from a wall or partition to provide a continuous handhold for persons using a stair.
	Stair railing is a vertical barrier attached to a stairway with an open side, to prevent falls. The top surface of the stair railing is used as a handrail.

You must:

Make sure stairways less than forty-four inches wide have:

At least one handrail, preferably on your right side as you go down the stairs, if both sides are enclosed.

At least one stair railing on the open side, if one side is open.

One stair railing on each side, if both sides are open.

Make sure stairways more than forty-four inches wide but less than eighty-eight inches wide have:

One handrail on each enclosed side.

One stair railing on each open side.

Make sure stairways at least eighty-eight inches wide have:

One handrail on each enclosed side.

One stair railing on each open side.

One intermediate stair railing located approximately midway of the width.

Equip winding stairs with a handrail, offset to prevent walking on all portions of the treads, less than six inches wide.

Note:

To see all of the rules for building handrails and stairway railings, refer to WAC 296-24-75009 and 296-24-75011, of the general safety and health standard.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-25015, filed 5/9/01, effective 9/1/01.]

Place illustration here.

You must:

(1) Guard open-sided floors and platforms.

Guard open-sided floors and platforms four 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 rules above do not apply because employees exposure to falls is infrequent (not on a predictable and regular basis), you must comply with the Personal Protective Equipment (PPE) 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 296-24-75011.

You must:))

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

Note:	Where the guarding rules above do not apply because employees exposure to falls is infrequent (not on a predictable and regular basis), you must comply with the Personal Protective Equipment (PPE) 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 296-24-75011.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-26010, filed 5/9/01, effective 9/1/01.]

Post approved load limits (weight limits) for floors used for mercantile, business, industrial or storage purposes in an obvious place.

As the owner, or owner's agent, of a building (or other part of a workplace) ((must)) post the load approved by the building official by:

Supplying and affixing a durable metal sign that is marked with the approved load.

Placing the metal sign in an obvious spot in the space to which it applies.

Replacing the metal sign if it is lost, defaced, damaged, or removed.

Note:

This rule applies to the floor that supports shelving, but not to the shelves themselves.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-27020, filed 5/9/01, effective 9/1/01.]

You must:

Inspect all electrical equipment your employees use to make sure the equipment is safe.

WAC 296-800-28005.

Make sure all electrical equipment is used for its approved or listed purpose.

WAC 296-800-28010.

Make sure electrical equipment used or located in wet or damp locations is designed for such use.

WAC 296-800-28015.

Make sure electrical equipment that is not marked by the manufacturer cannot be used.

WAC 296-800-28020.

Identify disconnecting means.

WAC 296-800-28022.

Maintain electrical fittings, boxes, cabinets, and outlets in good condition.

WAC 296-800-28025.

Maintain all flexible cords and cables in good condition and use safely.

WAC 296-800-28030.

Guard electrical equipment to prevent your employees from electrical hazards.

WAC 296-800-28035.

Make sure electrical equipment is effectively grounded.

WAC 296-800-28040.

Make sure electrical equipment has overcurrent protection.

WAC 296-800-28045.

((Your responsibility: To protect your employees from hazards when working with electrical equipment, tools, and appliances.

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.
	These rules guide how electrical equipment is used and maintained in your workplace. They should not be used in place of your local electrical codes if you are installing electrical wiring, electrical circuits or electrical distribution equipment.
	This rule applies to 600 volts or less. Requirements for specific equipment or special installation are found in chapter 296-24 WAC, Part L.))

Exemptions:	These rules apply to all electrical equipment used in the workplace, except for:
	Electrical installations and equipment on ships, aircraft and all automotive vehicles other than mobile homes and recreational vehicles((;)).
	Electrical installations and equipment used to generate, transmit, transform or distribute power exclusively for operation of rolling stock((;)).
	Electrical installations used exclusively for signaling and communicating with rolling stock((;)).
	Installations underground in mines((;)).
	Installations of communication equipment located outdoors or inside buildings used and controlled exclusively by communication utilities((;)).
	Installations controlled and used exclusively by electric utilities for communication or metering((;)), or
	For generating, controlling, transforming, transmitting and distributing electric energy in buildings used exclusively by the company located:
	⧫ Outdoors on property owned or leased by the utility; or
	⧫ On public highways, streets and roads; or
	⧫ Outdoors by established rights on private property.

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.
	These rules guide how electrical equipment is used and maintained in your workplace. They should not be used in place of your local electrical codes if you are installing electrical wiring, electrical circuits or electrical distribution equipment.
	This rule applies to 600 volts or less. Requirements for specific equipment or special installation are found in chapter 296-24 WAC, Part L.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-280, filed 5/9/01, effective 9/1/01.]

Inspect electrical equipment to make sure there are no recognized hazards likely to cause your employees' death or serious physical harm. Determine the safety of the equipment by using the following list:

Has been approved or listed by a recognized testing laboratory, such as Underwriters Laboratories (UL) or other approving agency.

Is approved, or listed as approved, for the purpose it is being used.

Has strong and durable guards providing adequate protection including parts designed to enclose and protect other equipment.

Is insulated.

Will not overheat under conditions of use.

Will not produce arcs during normal use.

Is classified by:

⧫ Type((.))

⧫ Size((.))

⧫ Voltage((.))

⧫ Current capacity((.))

⧫ Specific use((.))

⧫ Other factors((.))

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-28005, filed 5/9/01, effective 9/1/01.]

Definitions:	Electrical outlets are places on an electric circuit where power is supplied to equipment through receptacles, sockets and outlets for attachment plugs.
	Receptacles are outlets that accept a plug to supply electric power to equipment through a cord or cable.

You must:

Make sure electrical outlets are rated equal or greater to the electrical load supplied.

Make sure the proper mating configuration exists when connecting the attachment plug to a receptacle.

Make sure when electrical outlets, cord connectors, and receptacles are joined, they accept the attachment plug with the same voltage or current rating.

Place illustration here.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-28010, filed 5/9/01, effective 9/1/01.]

Make sure markings are durable and appropriate to the environment.

Appropriate markings include:

The manufacturer's name((.));

or

Trademark((.));

or

The organization responsible for the product((.));

and

Voltage, current and wattage or other ratings as necessary.

Place illustration here.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-28020, filed 5/9/01, effective 9/1/01.]

(1) Do the following to covers and openings:

Do the following when conductors enter boxes, cabinets, or fittings:

Protect the conductor (wires) from abrasion.

Effectively close the openings where conductors enter.

Effectively close all unused openings.

Provide pull boxes, junction boxes, and fittings with covers approved for the purpose.

Make sure each outlet box has a cover, faceplate, or fixture canopy in completed installations.

Make sure covers for outlet boxes with openings for flexible cord pendants have bushings to protect the cord, or have a smooth and well rounded surface where the cord touches the opening.

Ground metal covers.

(2) Make sure the area in front of electrical panels, circuit breaker boxes and similar equipment which operates at 600 volts or less:

Has sufficient working area at least thirty inches wide for operation and maintenance of the equipment.

Is kept clear and free of stored materials so that employees can access this equipment for servicing, adjustments or maintenance.

Has at least one access route to provide free and unobstructed access.

Has at least three feet of working space in front, measured from the exposed live parts or the enclosure front. (See the work clearance table ((below)) on the following page.)

Has adequate indoor lighting.

(WAC 296-800-210.)

Has at least six feet three inches of headroom.

This table shows the area you must keep clear depending on the layout of the electrical equipment.

((Work Clearance Table))

(())	Minimum clear distances may be 2 feet 6 inches for equipment built or installed before 3/20/82.
	Conditions a, b, and c are as follows:
a =	Exposed live parts on one side and no live or grounded parts on the other side of the working space, or exposed live parts on both sides effectively guarded by suitable wood or other insulating material. Insulated wire or insulated bus bars operating at not over 300 volts are not considered live parts.
b =	Exposed live parts on one side and grounded parts on the other side.
c =	Exposed live parts on both sides of the workspace (not guarded as provided in condition (a) with the operator between the panels).

Place illustration here.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-28025, filed 5/9/01, effective 9/1/01.]

Exemption:

These rules do not apply to cords and cables that are an internal part of factory assembled appliances and equipment, like the windings on motors or wiring inside electrical panels.

Note:

Flexible cords and cables are typically used to connect electrical equipment to a power source. These cords can have an electrical plug to connect to a power source or can be permanently wired into the power source. The terms flexible cords, extension cord, cables and electrical cords all refer to a type of flexible cord.

You must:

(1) Perform visual inspections.

On portable cord- and plug-connected equipment and extension cords before use on each work shift. Defects and damage to look for include:

Loose parts.

Deformed or missing pins.

External defects and damage.

Damage to the outer covering or insulation.

Pinched or crushed covering or insulation that might indicate internal damage.

Exemption:

You do not need to visually inspect portable cord- and plug-connected equipment and extension cords that stay connected once in place and are not exposed to damage until they are moved.

You must:

((And)) Remove from service any defective or damaged cord until repaired and tested.

Make sure flexible cords and cables are used as described.

(2) Use.

Use flexible cords only as follows:

Wiring of equipment and appliances.

Data processing cables approved as a part of the data processing system.

Pendants.

Wiring for fixtures.

Connecting portable lamps or appliances to an approved outlet with an attachment plug.

Connecting stationary equipment that is frequently changed with an attachment plug energized from an approved outlet.

Preventing noise or vibration transmission.

Appliances that have been designed to permit removal for maintenance and repair if the appliance is equipped with an attachment plug energized from an approved outlet.

Elevator cables.

Wiring of cranes and hoists.

Common Acceptable Uses of Flexible Cords

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).

You must:

Not use flexible cords in the following ways:

As a substitute for fixed wiring of a structure.

To run through holes in walls, ceilings, or floors.

To run through doorways, windows, or similar openings.

To attach to building surfaces.

To conceal behind building walls, ceilings, or floors.

To raise or lower equipment.

Make sure flexible cords and cables are approved and suitable for:

The way they will be used.

The location where they will be used.

Not fasten or hang cords and equipment in any way that could cause damage to the outer jacket or insulation of the cord.

Make sure insulation on flexible cords and cables is intact.

Make sure flexible cords and electrical cords are:

Connected to devices and fittings so that any pulling force on the cord is prevented from being directly transmitted to joints or terminal screws on the plug.

Used only in continuous lengths without splice((*)) or tap. Prohibit your employees from using wet hands to plug or unplug equipment or extension cords if the equipment is energized.

((*))Note:

Hard service flexible cords No. 12 or larger may be repaired or spliced if the insulation, outer sheath properties, and use characteristics of the cord are retained.

You must:

(3) Provide the following for temporary use.

Make sure temporary electrical power and lighting installations that operate at 600 volts or less are used only:

During and for remodeling, maintenance, repair or demolition of buildings and similar activities.

Experimental or developmental work.

For no more than ninety days for:

⧫ Christmas decorative lighting.

⧫ Carnivals.

⧫ Other similar purposes.

Make sure flexible cords and electrical cords used on a temporary basis are protected from accidental damage:

By avoiding sharp corners and projections

If they pass through doorways or other pinchpoints.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-28030, filed 5/9/01, effective 9/1/01.]

Make sure the path to ground from circuits, equipment, and enclosures is permanent and continuous.

Make sure equipment connected by cord and plug is grounded under these conditions:

Equipment with exposed noncurrent carrying metal parts.

Cord and plug connected equipment which may become energized.

Equipment that operates at over 150 volts to ground.

((Exemption:

Except for guarded motors and metal frames of electrically heated appliances, if the appliance frames are permanently and effectively insulated from ground.))

Equipment in hazardous locations. (WAC 296-24-95613)

Exemption:

Except for guarded motors and metal frames of electrically heated appliances, if the appliance frames are permanently and effectively insulated from ground.

Ground the following type of equipment:

Hand-held motor-operated tools((.))

Refrigerators((.))

Freezers((.))

Air conditioners((.))

Clothes washers and dryers((.))

Dishwashers((.))

Electrical aquarium equipment((.))

Hedge clippers((.))

Electric lawn mowers((.))

Electric snow blowers((.))

Wet scrubbers((.))

Tools likely to be used in damp or wet locations((.))

Appliances used by employees standing on the ground, on metal floors or working inside of metal tanks or boilers((.))

Portable hand lamps((.))

Note:

Grounding can be achieved by: Using tools and appliances equipped with an equipment grounding conductor (three-prong plug and grounded electrical system).

Place illustration here.

You must:

Make sure exposed metal parts of fixed equipment that do not conduct electricity, but may become energized, are grounded if the equipment is in a wet or damp location and is not isolated.

Make sure ground wires are identified and look different than the other conductors (wires).

Make sure ground wires are not attached to any terminal or lead to reverse polarity of the electrical outlet or receptacle.

Make sure grounding terminals or grounding-type devices on receptacles, cords, connectors, or attachments plugs are not used for purposes other than grounding.

Place illustration here.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-28040, filed 5/9/01, effective 9/1/01.]

(1) Use metal ladders only for their intended purpose.

(2) Make sure the base section of the portable metal ladder has secure footing.

Examples of Securing the Ladder Base

(3) Make sure both rails are supported at the top, unless the ladder has a single support attachment.

Examples of Securing the Ladder at the Top

(4) Make sure while climbing portable metal ladders, ((you)) your employees:

Have both hands free to hold on to the ladder.

Face the ladder when you are climbing up or down.

(5) Not tie or fasten ladder sections together to make longer ladders (unless the ladder manufacturer endorses this type of use, and you have hardware fittings specifically designed for this use).

(6) Make sure a nonself-supporting portable ladder is set at a safe angle. The proper angle is to place the base a distance from the vertical wall equal to one-fourth the working length of the ladder.

Note:

Safe ladder angle. A simple rule for setting up a ladder at the proper angle is to place the base a distance from the wall, equal to 1/4 the working length of the ladder. ((For example, if your ladder is 16 feet long, set the bottom of the ladder 4 feet away from the wall.))

Place illustration here.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-29015, filed 5/9/01, effective 9/1/01.]

Make sure your portable wooden ladders are maintained in good condition, and:

Joints between the steps or rungs and side rails are tight

Hardware and fittings are securely attached

Moveable parts operate freely without binding or excessive play

Metal bearings are lubricated frequently

Frayed or badly worn ropes ((is)) are replaced

Safety feet and other auxiliary equipment are kept in good condition

Not use portable wooden ladders with:

Broken or missing steps

Broken or missing rungs or cleats

Broken side rails

Other faulty equipment

Not make improvised repairs on your portable wooden ladders.

Not store your portable wooden ladders near sources of heat, moisture, or dampness.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-29025, filed 5/9/01, effective 9/1/01.]

(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 cannot be spliced to make longer sections.

Ladders ((can)) cannot 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 bases 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 underside 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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-29030, filed 5/9/01, effective 9/1/01.]

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)) marshal 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.))

Your responsibility:

To provide readily accessible, appropriate portable fire extinguishers for employees in your workplace

You must:

Provide portable fire extinguishers in your workplace

WAC 296-800-30005

Select and distribute portable fire extinguishers in your workplace

WAC 296-800-30010

Make sure that portable fire extinguishers are kept fully charged, in good operating condition, and left in their designated places

WAC 296-800-30015

Inspect and test all portable fire extinguishers

WAC 296-800-30020

Train your employees to use portable fire extinguishers

WAC 296-800-30025

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.

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-300, filed 5/9/01, effective 9/1/01.]

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

You must:

Provide the correct type of portable fire extinguishers and distribute them in your workplace, depending on the type, size, and severity of fire that could occur

The type of portable fire extinguishers you must have in your workplace depends on the types of fire hazards that exist in your workplace

Fire Extinguisher Distance Table

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-30010, filed 5/9/01, effective 9/1/01.]

Perform inspections:

Make sure that portable fire extinguishers or hose systems (used instead of fire extinguishers) are visually inspected monthly

Perform maintenance checks:

Make sure that all portable fire extinguishers are subjected to an annual maintenance check

Keep records of all annual maintenance checks and make available to the department upon request((:))

⧫ For 1 year after the last maintenance check;

OR

⧫ For the life of the shell, whichever is less

Make sure that equal protection is provided when portable fire extinguishers are removed from service for maintenance and recharging

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.

You must:

Perform hydrostatic testing:

Exemption:

Dry chemical extinguishers that have nonrefillable disposable containers are exempt from this requirement.

Manually pressurized pumptanks are exempt from this requirement.

You must:

Make sure that portable extinguishers are hydrostatically tested:

At the intervals listed in Table 1 ((page 300-7)), of this section

Whenever they show evidence of corrosion or mechanical injury

Not perform hydrostatic testing on fire extinguishers if: The unit has been repaired by soldering, welding, brazing, or use of patching compounds

The cylinder or shell threads are damaged

Corrosion has caused pitting, including corrosion under removable name plate assemblies

The extinguisher has been burned in a fire

Calcium chloride extinguishing agents have been used in a stainless steel shell

Note:

Specific rules regarding conducting hydrostatic tests are covered in WAC 296-24-59212.

You must:

Maintain records showing that hydrostatic testing has been performed. Provide the following evidence to the department upon request:

Date of test

Test pressure used

The serial number, or other identifier of the fire extinguisher that was tested

Person or agency performing the test

Keep records until:

The extinguisher is retested;

OR

The extinguisher is taken out of service, whichever comes first

Empty and maintain stored-pressure dry chemical extinguishers requiring a 12-year hydrostatic test, every six years:

When recharging or hydrostatic testing is performed, the 6-year requirement begins from that date

Hydrostatic Test Table

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-30020, filed 5/9/01, effective 9/1/01.]

((Exemption:

This rule does not apply to vehicles, vessels, or other mobile structures.

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.))

Exit routes:

You must:

Provide an adequate number of exit routes.

WAC 296-800-31005.

Make sure that exit routes are large enough.

WAC 296-800-31010.

Make sure that exit routes meet their specific design and construction requirements.

WAC 296-800-31015.

Make sure that each exit route leads outside.

WAC 296-800-31020.

Provide unobstructed access to exit routes.

WAC 296-800-31025.

Exit doors must be readily opened from the inside.

WAC 296-800-31030.

Use side-hinged doors to connect rooms to exit routes.

WAC 296-800-31035.

Provide outdoor exit routes that meet requirements.

WAC 296-800-31040.

Minimize danger to employees while they are using emergency exit routes.

WAC 296-800-31045.

Mark exits adequately.

WAC 296-800-31050.

Provide adequate lighting for exit routes and signs.

WAC 296-800-31053.

Maintain the fire retardant properties of paints or other coatings.

WAC 296-800-31055.

Maintain emergency safeguards.

WAC 296-800-31060.

Maintain exit routes during construction and repair.

WAC 296-800-31065.

Provide doors in freezer or refrigerated rooms that open from the inside.

WAC 296-800-31067.

Employee alarm systems:

You must:

Install and maintain an appropriate employee alarm system.

WAC 296-800-31070.

Establish procedures for sounding emergency alarms.

WAC 296-800-31075.

Test the employee alarm system.

WAC 296-800-31080.

Exemption:

This rule does not apply to vehicles, vessels, or other mobile structures.

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-310, filed 5/9/01, effective 9/1/01.]

Make sure each exit route is large enough to accommodate the maximum-permitted occupant load for each floor served by the route.

Make sure the capacity of an exit route does not decrease at any point.

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 ceilings 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 ((pints)) points between any handrails.

If necessary, routes must be wider than 28 inches to accommodate the expected occupant load.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-31010, filed 5/9/01, effective 9/1/01.]

Use a side-hinged exit door to connect any room to an exit route. The door must swing out when the room:

Is occupied by more than fifty persons((;)) or

Contains highly flammable or explosive materials.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-31035, filed 5/9/01, effective 9/1/01.]

To report and conduct an investigation of certain types of accidents.

((Note:

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 death, probable death of nay employee or the in-patient hospitalization of 2 or more employees within 8 hours, after handling medical emergencies.))

You must:

Report the death, or probable death, of any employee, or the in-patient hospitalization of 2 or more employees within 8 hours

WAC 296-800-32005

Make sure that any equipment involved in an accident is not moved.

WAC 296-800-32010

Assign people to assist the department of labor and industries

WAC 296-800-32015

Conduct a preliminary investigation for all serious injuries

WAC 296-800-32020

Document the investigation findings

WAC 296-800-32025

Note:

Call the nearest office of the department of labor and industries at 1-800-4BE SAFE or call Occupational Safety and Health Administration (OSHA) at 1-800-321-6742, to report the death, probable death of any employee or the in-patient hospitalization of 2 or more employees within 8 hours, after handling medical emergencies.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-320, filed 5/9/01, effective 9/1/01.]

Contact the nearest office of the department of labor and industries in person or by phone at 1-800-4BE SAFE to report((,)) within 8 hours of the work-related incident or accident,

A death

A probable death

2 or more employees are admitted to the hospital, or

Contact the Occupational Safety and Health Administration (OSHA) by calling its central number at 1-800-321-6742.

Provide the following information within 30 days concerning any accident involving a fatality or hospitalization of 2 or more employees:

Name of the work place

Location of the incident

Time and date of the incident

Number of fatalities or hospitalized employees

Contact person

Phone number

Brief description of the incident

Note:

If you do not learn about the incident at the time it occurs, you must report the incident within 8 hours of the time it was reported to you, your agent, or employee.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-32005, filed 5/9/01, effective 9/1/01.]

This section describes actions WISHA takes during or after inspections, and your related obligation and rights.

Your responsibility: 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 . . . . . . . . . . . . ((Page 350))

Scheduling inspections

WAC 296-800-35004 . . . . . . . . . . . . ((Page 350))

Inspection techniques

WAC 296-800-35006 . . . . . . . . . . . . ((Page 350))

Response to complaints submitted by employees or their representatives

WAC 296-800-35008 . . . . . . . . . . . . ((Page 350))

Citations mailed after an inspection

WAC 296-800-35010 . . . . . . . . . . . . ((Page 350))

Employees (or their representatives) can request a citation and notice

WAC 296-800-35012 . . . . . . . . . . . . ((Page 350))

Posting a citation and notice and employee complaint information

WAC 296-800-35016 . . . . . . . . . . . . ((Page 350))

CIVIL PENALTIES FOR VIOLATING WISHA REQUIREMENTS

Reasons to assess civil penalties

WAC 296-800-35018 . . . . . . . . . . . . ((Page 350))

Minimum penalties

WAC 296-800-35020 . . . . . . . . . . . . ((Page 350))

HOW CIVIL PENALTIES ARE CALCULATED

Base penalty calculations - severity and probability

WAC 296-800-35022 . . . . . . . . . . . . ((Page 350))

Severity rate determination

WAC 296-800-35024 . . . . . . . . . . . . ((Page 350))

Probability rate determination

WAC 296-800-35026 . . . . . . . . . . . . ((Page 350))

Determining the gravity of a violation

WAC 296-800-35028 . . . . . . . . . . . . ((Page 350))

Base penalty adjustments

WAC 296-800-35030 . . . . . . . . . . . . ((Page 350))

Types of base penalty adjustments

WAC 296-800-35032 . . . . . . . . . . . . ((Page 350))

Maximum base penalty amount

WAC 296-800-35038 . . . . . . . . . . . . ((Page 350))

Reasons for increasing civil penalty amounts

WAC 296-800-35040 . . . . . . . . . . . . ((Page 350))

CERTIFY THAT VIOLATIONS HAVE BEEN ABATED

Employers must certify that violations have been abated

WAC 296-800-35042 . . . . . . . . . . . . ((Page 350))

For willful, repeated, or serious violations, submit additional documentation

WAC 296-800-35044 . . . . . . . . . . . . ((Page 350))

Submitting correction action plans

WAC 296-800-35046 . . . . . . . . . . . . ((Page 350))

Submit progress reports to the department, when required

WAC 296-800-35048 . . . . . . . . . . . . ((Page 350))

WISHA determines the date by which abatement documents must be submitted

WAC 296-800-35049 . . . . . . . . . . . . ((Page 350))

Inform affected employees and their representatives of abatement actions you have taken

WAC 296-800-35050 . . . . . . . . . . . . ((Page 350))

Tag cited moveable equipment to warn employees of a hazard

WAC 296-800-35052 . . . . . . . . . . . . ((Page 350))

REQUESTING MORE TIME TO COMPLY

You can request more time to comply

WAC 296-800-35056 . . . . . . . . . . . . ((Page 350))

WISHA's response to your request for more time

WAC 296-800-35062 . . . . . . . . . . . . ((Page 350))

Post the department's response

WAC 296-800-35063 . . . . . . . . . . . . ((Page 350))

A hearing can be requested about the department's response

WAC 296-800-35064 . . . . . . . . . . . . ((Page 350))

Post the department's hearing notice

WAC 296-800-35065 . . . . . . . . . . . . ((Page 350))

Hearing procedures

WAC 296-800-35066 . . . . . . . . . . . . ((Page 350))

Post the hearing decision

WAC 296-800-35072 . . . . . . . . . . . . ((Page 350))

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 . . . . . . . . . . . . ((Page 350))

Await the department's response to your appeal request

WAC 296-800-35078 . . . . . . . . . . . . ((Page 350))

Department actions when reassuming jurisdiction over an appeal

WAC 296-800-35080 . . . . . . . . . . . . ((Page 350))

Appealing a corrective notice

WAC 296-800-35082 . . . . . . . . . . . . ((Page 350))

Notify employees

WAC 296-800-35084 . . . . . . . . . . . . ((Page 350))

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-350, filed 5/9/01, effective 9/1/01.]

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
	P.O. 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 resource((s)) section of this book).

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35010, filed 5/9/01, effective 9/1/01.]

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

P.O. 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 resource((s)) section for a complete list of the offices.)
	If you submit this form, you'll 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.

The department can deny requests for copies of citation and notices if the person filing the request is not an employee representative.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35012, filed 5/9/01, effective 9/1/01.]

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

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35026, filed 5/9/01, effective 9/1/01.]

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

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35030, filed 5/9/01, effective 9/1/01.]

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35040, filed 5/9/01, effective 9/1/01.]

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35048, filed 5/9/01, effective 9/1/01.]

((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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35050, filed 5/9/01, effective 9/1/01.]

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 the 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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35062, filed 5/9/01, effective 9/1/01.]

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, and

⧫ 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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35064, filed 5/9/01, effective 9/1/01.]

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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35066, filed 5/9/01, effective 9/1/01.]

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)) 296-800-35050). 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 workplace hazards as provided by the WISHA standard.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-35084, filed 5/9/01, effective 9/1/01.]

((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 Action Plans

Refers to your written plans for correcting a WISHA violation.

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

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 CFR 1910.7 for definition of nationally recognized testing laboratory.

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

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

As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means 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 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

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

((Is)) As used in the basic electrical rules, WAC 296-800-280 means 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 conductor that does not have any covering or insulation.

Bathroom

A room maintained within or on the premises of any place of employment, ((contained)) containing toilets that flush for use by employees.

Board

As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means the board of industrial insurance appeals.

Certification

As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means refers to an employer's written statement describing when and how a citation violation was corrected.

CFR

This is an acronym for Code of Federal Regulations.

Chemical

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

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

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

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means 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

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means 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

A gas or mixture of gases that, when in a container, has 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 wire that transfers electric power.

Container

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means 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

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.

Corrective notice

Refers to a notice changing a citation and is issued by the department after a citation has been appealed.

Covered conductor

A conductor that is covered by something else besides electrical insulation.

Damp location

As used in basic electrical rules, WAC 296-800-280 means partially protected areas that are exposed to moderate moisture. Outdoor examples include roofed open porches and marquees. Interior examples include basements and barns.

Department

Those portions of the department of labor and industries responsible for enforcing the Washington Industrial Safety Act (WISHA).

Designated representative

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

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means 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

As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 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

As used in basic electrical rules, WAC 296-800-280 means 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

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

As used in material safety data sheets (MSDSs) as exposure records, WAC 296-800-180 means 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

Provides a way of travel out of the workplace.

Exit route

A continuous and unobstructed path of exit travel from any point within a workplace to safety outside.

Explosive

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

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

Involve working with electrical wires that are attached to surfaces or behind panels designed to allow access to the wires.

Exposure or exposed

As used in employer chemical hazard communication, WAC 296-800-170 and material safety data sheets (MSDSs) as exposure records, WAC 296-800-180. 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 terms 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

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

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

The date a final order is issued.

First aid

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

A chemical covered by one of the following categories:

Aerosol flammable means an aerosol that, when tested by the method described in 16 CFR 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 CFR 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 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

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

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 cords, 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

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means 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

As used in Electrical, WAC 296-800-280, 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

A connection has been made between an electrical circuit or equipment and the earth or another conducting body besides the earth.

Grounded conductor

A system or circuit conductor that is intentionally grounded.

Ground-fault circuit-interrupter

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

Is used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.

Grounding conductor, equipment

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

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 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

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

Any condition, potential or inherent, which can cause injury, death, or occupational disease.

Hazard warning

As used in Employer Chemical Hazard Communication, WAC 296-800-170 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

Any chemical that is a physical or health hazard.

Health hazard

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means 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

See WAC 296-62-054 for more definitions and explanations about the scope of health hazards covered by this part.

See WAC 296-62-054 for the criteria used for determining whether or not a chemical is considered hazardous for purposes of this rule.

Hospitalization

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

As used in Employer Chemical Hazard Communication, WAC 296-800-170 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

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

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means 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

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

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.

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.

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)

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 see WAC 296-62-054 -- Manufacturers, Importers, and Distributors - Hazard Communication.

Medical treatment

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

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, 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

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 (OSHA) 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

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

A chemical other than a blasting agent or explosive as defined in WAC 296-52-417 or CFR 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-hour 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 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 CFR Part 1910 Subpart Z and WAC 296-62-075, respectively).

Person

One or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.

Personal service room

Used for activities not directly connected with a business' production or service function such as:

First-aid

Medical services

Dressing

Showering

Bathrooms

Washing

Eating

Personnel

See the definition for employees.

Physical hazard

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means a chemical that has scientifically valid evidence to show it is one of the following:

Combustible liquid

Compressed gas

Explosive

Flammable

Organic peroxide

Oxidizer

Pyrophoric

Unstable (reactive)

Water reactive

Platform

Platform means an extended step or landing that breaks a continuous run of stairs.

Plug

See definition for attachment plug.

Potable water

Water that you can safely drink. It meets specific safety standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.

Predictable and regular basis

Employee functions such as, but not limited to, inspection, service, repair and maintenance which are performed

at least once every 2 weeks

OR

4 man-hours or more during any sequential 4-week period (to calculate man-hours multiply the number of employees by the number of hours during a 4-week period).

Produce

As used in Employer Chemical Hazard Communication, WAC 296-800-170, any one of the following:

Manufacture

Process

Formulate

Blend

Extract

Generate

Emit

Repackage

Purchaser

As used in Employer Chemical Hazard Communication, WAC 296-800-170, an employer who buys one or more hazardous chemicals to use in their workplace.

Pyrophoric

A chemical is pyrophoric if it will ignite spontaneously in the air when the temperature is 130F (54.4C) or below.

Qualified

A person is qualified if they have one of the following:

Extensive knowledge, training and experience about the subject matter, work or project

A recognized degree, certificate, or professional standing

Successfully demonstrated problem solving skills about the subject, work, or project

Railing or standard railing

A vertical barrier erected along exposed edges of a floor opening, wall opening, ramp, platform, or runway to prevent falls of persons.

Reassume jurisdiction

The department has decided to take back its control over a citation and notice being appealed.

Receptacle or receptacle outlet

As used in basic electrical rules, WAC 296-800-280 means outlets that accept a plug to supply electric power to equipment through a cord or cable.

Record

A record is any item, collection, or grouping of information. Examples include:

Paper document

Microfiche

Microfilm

X-ray film

Computer record

Repeat violation

A repeat violation occurs when WISHA cites an employer more than once in the last 3 years for a substantially similar hazard.

Responsible party

As used in employer chemical hazard communication, WAC 296-800-170. Someone who can provide appropriate information about the hazardous chemical and emergency procedures.

Rise

The vertical distance from the top of a tread to the top of the next higher tread.

Riser

The vertical part of the step at the back of a tread that rises to the front of the tread above.

Rungs

Rungs are the cross pieces on ladders that are used to climb up and down the ladder.

Runway

An elevated walkway above the surrounding floor or ground level. Examples of runways are footwalks along shafting or walkways between buildings.

Safety factor

The term safety factor means the ratio of when something will break versus the actual working stress or safe load when it is used.

Serious violation

Serious violation must be deemed to exist in a workplace if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such workplace, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

Should

Should means recommended.

Single ladder

A type of portable ladder with one section.

It is distinguished by all of the following:

It has one section

It cannot support itself

Its length cannot be adjusted

Smoking

A person is smoking if they are:

Lighting up

Inhaling

Exhaling

Carrying a pipe, cigar or cigarette of any kind that is burning

Specific chemical identity

This term applies to chemical substances. It can mean the:

Chemical name

Chemical Abstracts Service (CAS) registry number

Any other information that reveals the precise chemical designation of the substance.

Stair railing

A vertical barrier attached to a stairway with an open side to prevent falls. The top surface of the stair railing is used as a handrail

Stairs or stairway

A series of steps and landings:

leading from one level or floor to another,

leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment

Used more or less continuously or routinely by employees, or only occasionally by specific individuals.

With three or more risers

Standard safeguard

Safety devices that prevent hazards by their attachment to:

Machinery

Appliances

Tools

Buildings

Equipment

These safeguards must be constructed of:

Metal

Wood

Other suitable materials

The department makes the final determination about whether a safeguard is sufficient for its use.

Step ladder

A portable ladder with:

Flat steps

A hinge at the top allowing the ladder to fold out and support itself

Its length that cannot be adjusted

Toeboard

A barrier at floor level along exposed edges of a floor opening, wall opening, platform, runway, or ramp, to prevent falls of materials.

((Toilet

Means a fixture that flushes maintained within a bathroom for the purpose of defecation or urination or both.))

Toxic substance

Any:

Chemical substance

Biological agent (such as bacteria, virus, or fungus)

Physical stress (such as noise, vibration, or repetitive motion)

A substance is toxic if:

The latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) lists the substance

Testing by or known to the employer has shown positive evidence that the substance is an acute or chronic health hazard

A material safety data sheet kept by or known to the employer shows the material may be a hazard to human health

Trade secret

Any confidential:

Formula

Pattern

Process

Device

Information

Collection of information

The trade secret is used in an employer's business and gives an opportunity to gain an advantage over competitors who do not know or use it.

See WAC 296-62-053 for requirements dealing with trade secrets.

Tread

As used in stairs and stair railings, WAC 296-800-250 means the horizontal part of the stair step.

Tread run

As used in stairs and stair railings, WAC 296-800-250 means the distance from the front of one stair tread to the front of an adjacent tread.

Tread width

The distance from front to rear of the same tread including the nose, if used.

UL (Underwriters' Laboratories, Inc.)

You will find these initials on electrical cords and equipment. The initials mean the cord or equipment meets the standards set by the Underwriters' Laboratories, Inc.

Unstable (reactive)

As used in employer chemical hazard communication, WAC 296-800-170. An unstable or reactive chemical is one that in its pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.

((Urinal

A toilet in a men's bathroom that is designed and intended solely for urination.))

Use

As used in employer chemical hazard communication, WAC 296-800-170, means to:

Package

Handle

React

Emit

Extract

Generate as a by-product

Transfer

Voltage of a circuit

The greatest effective potential difference between any two conductors or between a conductor and ground.

Voltage to ground

The voltage between a conductor and the point or conductor of the grounded circuit. For undergrounded circuits, it is the greatest voltage between the conductor and any other conductor of the circuit.

Voltage, nominal

Nominal voltage is a value assigned to a circuit or system to designate its voltage class (120/240, 480Y/277, 600, etc.). The actual circuit voltage can vary from the value if it is within a range that permits the equipment to continue operating in a satisfactory manner.

WAC

This is an acronym for Washington Administrative Code, which are rules developed to address state law.

Water-reactive

As used in Employer Chemical Hazard Communication, WAC 296-800-170, a water-reactive chemical reacts with water to release a gas that is either flammable or presents a health hazard.

Watertight

Constructed so that moisture will not enter the enclosure or container.

Weatherproof

Constructed or protected so that exposure to the weather will not interfere with successful operation. Rainproof, raintight, or watertight equipment can fulfill the requirements for weatherproof where varying weather conditions other than wetness, such as snow, ice, dust, or temperature extremes, are not a factor.

Wet location

As used in basic electrical rules, WAC 296-800-280 means:

Underground installations or in concrete slabs or masonry that are in direct contact with the earth

Locations that can be saturated by water or other liquids

Unprotected locations exposed to the weather (like vehicle washing areas)

WISHA

This is an acronym for the Washington Industrial Safety and Health Act.

Working days

((A calendar day, except Saturdays, Sundays, and legal holidays as set forth in RCW 1.16.050, as now or hereafter amended, and for the purposes of the computation of time within which an act is to be done under the provisions of this chapter, shall be computed by excluding the first working day and including the last working day.)) Means a calendar day, except Saturdays, Sundays, and legal holidays. Legal holidays include:

New Year's Day - January 1

Martin Luther King, Jr. Day

Presidents' Day

Memorial Day

Independence Day - July 4

Labor Day

Veterans' Day - November 11

Thanksgiving Day

The day after Thanksgiving Day; and

Christmas Day - December 25

The number of working days must be calculated by not counting the first working day and counting the last working day.

Worker

See the definition for employee.

Workplace

The term workplace means:

Any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.

As used in Employer Chemical Hazard Communication, WAC 296-800-170 means an establishment, job site, or project, at one geographical location containing one or more work areas.

(( As used in Employer Chemical Hazard Communication, WAC 296-800-180, any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.))

You

See definition of employer.

Your representative

Your representative is the person selected to act in your behalf.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-370, filed 5/9/01, effective 9/1/01.]

OTS-5129.1

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-32-250   Tools and personal protective equipment -- General.   (1) Personal protective equipment, protective devices and special tools needed for the work of employees shall be provided and the employer shall ensure that they are used by employees.

(a) Before each day's use the employer shall ensure that these personal protective devices, tools, and equipment are carefully inspected by a competent person to ascertain that they are in good condition.

(b) Tools found to be defective shall be taken out of service.

(2) Head protection. Class B protective helmets shall be provided whenever there is exposure to overhead hazards and/or possible high voltage electrical contact.

(a) Employees working in areas where there is a possible danger of head injury from impact, falling or flying objects, shall be protected by protective helmets.

(b) Criteria for protective helmets.

(i) Protective helmets purchased after February 20, 1995, shall comply with ANSI Z89.1-1986, "American National Standard for Personnel Protection--Protective Headwear for Industrial Workers--Requirements," which is incorporated by reference, or shall be demonstrated to be equally effective.

(ii) Protective helmets purchased before February 20, 1995, shall comply with the ANSI standard "American National Standard Safety Requirements for Industrial Head Protection," ANSI Z89.1-1969, or shall be demonstrated by the employer to be equally effective.

(3) Eye protection. Protective eye and face equipment shall be required where there is a possibility of injury that can be prevented by such equipment. In such cases, employers shall make conveniently available a type of protector suitable for the work to be performed, and employees shall use such protectors.

Note:

See WAC 296-800-160 for additional personal protective equipment requirements.

(4) Tent heaters, torches and open flame. Open flames shall not be used within ground tents or on platforms within aerial tents unless:

(a) The tent covers are constructed of fire resistant materials, and

(b) Ventilation is provided to maintain safe oxygen levels and avoid harmful buildup of combustion products and combustible gases.

(5) Portable power equipment.

(a) All portable power equipment used in the telecommunications industry shall be grounded.

(b) Nominal 120V, or less, portable generators used for providing power at work locations do not require grounding if the output circuit is completely isolated from the frame of the unit.

(c) Grounding shall be omitted when using soldering irons, guns or wire-wrap tools on telecommunication circuits.

(6) Vehicle-mounted utility generators. Vehicle-mounted utility generators used for providing nominal 240V AC or less for powering portable tools and equipment need not be grounded to earth if all of the following conditions are met:

(a) One side of the voltage source is solidly strapped to the metallic structure of the vehicle;

(b) Grounding-type outlets are used, with a "grounding" conductor between the outlet grounding terminal and the side of the voltage source that is strapped to the vehicle;

(c) All metallic encased tools and equipment that are powered from this system are equipped with three-wire cords and grounding-type attachment plugs, except as designated in subsection (7) of this section.

(7) Portable lights, tools and appliances. When operated from commercial power such metal parts of these devices shall be grounded, unless these tools or appliances are protected by a system of double insulation, or its equivalent. Where such a system is employed, the equipment shall be distinctively marked to indicate double insulation.

(8) Lead work. When operated from commercial power the metal housing of electric solder pots shall be grounded. Electric solder pots may be used with the power equipment described in this subsection, without a grounding conductor.

The employer shall ensure that wiping gloves or cloths and eye protection are used in lead wiping operations. A drip pan to catch hot lead drippings shall also be provided and used.

(9) Fire extinguishers.

(a) Fire extinguishers shall be provided for the protection of both the building structure and the occupancy hazards contained therein.

(b) Employees shall be familiar with the location and operation of fire extinguishers.

(c) Any fire extinguishers showing defects shall be removed from service.

(d) Fire extinguishers shall be thoroughly examined and/or recharged or repaired to insure operability and safety once every year.

(e) Each fire extinguisher shall have a durable tag securely attached to show the maintenance or recharge date and the initials or signature of the person performing this service.

Note:

For additional requirements relating to portable fire extinguishers see WAC 296-800-300.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-32-250, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-32-250, filed 9/30/94, effective 11/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-13-045 (Order 82-22), 296-32-250, filed 6/11/82; Order 76-38, 296-32-250, filed 12/30/76; Order 75-41, 296-32-250, filed 12/19/75.]

OTS-5074.1

AMENDATORY SECTION(Amending WSR 00-12-024, filed 5/26/00, effective 7/1/02)

WAC 296-62-05140   How must employees be kept involved and informed?   (1) The employer must provide for and encourage employee participation in analyzing "caution zone jobs" and selecting measures to reduce WMSD hazards. Employers with eleven or more employees who are required to have safety committees (WAC ((296-24-045)) 296-800-130), must involve this committee in choosing the methods to be used for employee participation.

(2) Employers with eleven or more employees must share the following information with the safety committee (if a committee is required by WAC ((296-24-045)) 296-800-130). Employers who are not required to have a safety committee (WAC ((296-24-045)) 296-800-130) must provide this information at safety meetings:

The requirements of this rule;

Identified "caution zone jobs";

Results of the hazard analysis and/or identification of jobs with WMSD hazards; and

Measures to reduce WMSD hazards.

(3) The employer must review its ergonomics activities at least annually for effectiveness and for any needed improvements. This review must include members of the safety committee where one exists or ensure an equally effective means of employee involvement.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 00-12-024, 296-62-05140, filed 5/26/00, effective 7/1/02.]

OTS-5130.1

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-155-260   Fire protection.   (1) General requirements.

(a) The employer shall be responsible for development of a fire protection program to be followed throughout all phases of construction and demolition work, and the employer shall provide for fire fighting equipment as specified in this part. As fire hazards occur, there shall be no delay in providing necessary equipment.

(b) Access to all available fire fighting equipment shall be maintained at all times.

(c) All fire fighting equipment, provided by the employer, shall be conspicuously located.

(d) All fire fighting equipment shall be periodically inspected by a competent person, and maintained in operating condition. Defective equipment shall be immediately replaced.

(e) As warranted by the project, the employer shall provide a trained and equipped fire fighting organization (fire brigade) to assure adequate protection to life.

(2) Water supply.

(a) A temporary or permanent water supply, of sufficient volume, duration, and pressure, required to properly operate fire fighting equipment shall be made available as soon as combustible materials accumulate.

(b) Where underground water mains are to be provided, they shall be installed, completed, and made available for use as soon as practicable.

(3) Portable fire fighting equipment.

(a) A fire extinguisher, rated not less than 2A, shall be provided for each 3,000 square feet of a combustible building area, or major fraction thereof. Travel distance from any point of the protected area to the nearest fire extinguisher shall not exceed a horizontal distance of 100 feet.

Note:

One 55-gallon open drum of water with two fire pails may be substituted for a fire extinguisher having a 2A rating.

(b) A 1/2-inch diameter garden-type hose line, not to exceed 100 feet in length and equipped with a nozzle, may be substituted for a 2A-rated fire extinguisher, provided it is capable of discharging a minimum of 5 gallons per minute with a minimum hose stream range of 30 feet horizontally. The garden-type hose lines shall be mounted on conventional racks or reels. The number and location of hose racks or reels shall be such that at least one hose stream can be applied to all points in the area.

(c) One or more fire extinguishers, rated not less than 2A, shall be provided on each floor. In multistory buildings, where combustibles are present, at least one fire extinguisher shall be located adjacent to a stairway.

(d) Extinguishers and water drums, subject to freezing, shall be protected from freezing.

(e) A fire extinguisher, rated not less than 10B, shall be provided within 50 feet of wherever more than 5 gallons of flammable or combustible liquids or 5 pounds of flammable gas are being used on the jobsite. This requirement does not apply to the integral fuel tanks of motor vehicles.

(f) Carbon tetrachloride and other toxic vaporizing liquid fire extinguishers are prohibited.

(g) Portable fire extinguishers shall be inspected periodically and maintained in accordance with Maintenance and Use of Portable Fire Extinguishers, NFPA No. 10A-1981 and WAC 296-800-300.

(h) Fire extinguishers which have been listed or approved by a nationally recognized testing laboratory, shall be used to meet the requirements of this part. (See Table D-1)

Note:

For additional requirements relating to portable fire extinguishers see WAC 296-800-300.

WAC 296-155-260, Illus 1.)] Height=293 valign="center">Place illustration here.

Note:

One hundred feet, or less, of 1-1/2 inch hose, with a nozzle capable of discharging water at 25 gallons or more per minute, may be substituted for a fire extinguisher rated not more than 2A in the designated area provided that the hose line can reach all points in the area.

(i) If fire hose connections are not compatible with local fire fighting equipment, the contractor shall provide adapters, or equivalent, to permit connections.

(j) During demolition involving combustible materials, charged hose lines, supplied by hydrants, water tank trucks with pumps, or equivalent, shall be made available.

(4) Fixed fire fighting equipment.

(a) Sprinkler protection.

(i) If the facility being constructed includes the installation of automatic sprinkler protection, the installation shall closely follow the construction and be placed in service as soon as applicable laws permit following completion of each story.

(ii) During demolition or alterations, existing automatic sprinkler installations shall be retained in service as long as reasonable. The operation of sprinkler control valves shall be permitted only by properly authorized persons.

Note:

Modification of sprinkler systems to permit alterations or additional demolition should be expedited so that the automatic protection may be returned to service as quickly as possible. Sprinkler control valves shall be checked daily at close of work to ascertain that the protection is in service.

(b) Standpipes. In all structures in which standpipes are required, or where standpipes exist in structures being altered, they shall be brought up as soon as applicable laws permit, and shall be maintained as construction progresses in such a manner that they are always ready for fire protection use. The standpipes shall be provided with Siamese fire department connections on the outside of the structure, at the street level, which shall be conspicuously marked. There shall be at least one standard hose outlet at each floor.

(5) Fire alarm devices.

(a) An alarm system, e.g., telephone system, siren, etc., shall be established by the employer whereby employees on the site and the local fire department can be alerted for an emergency.

(b) The alarm code and reporting instructions shall be conspicuously posted at phones and at employee entrances.

(6) Fire cutoffs.

(a) Fire walls and exit stairways, required for the completed buildings, shall be given construction priority. Fire doors, with automatic closing devices, shall be hung on openings as soon as practical.

(b) Fire cutoffs shall be retained in buildings undergoing alterations or demolition until operations necessitate their removal.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-155-260, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-260, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-260, filed 1/21/86; Order 76-6, 296-155-260, filed 3/1/76; Order 74-26, 296-155-260, filed 5/7/74, effective 6/6/74.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office