WSR 01-23-060

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed November 20, 2001, 11:34 a.m. , effective December 1, 2001; except WAC 296-62-05140 is effective July 1, 2002. ]

Date of Adoption: November 20, 2001.

Purpose: Chapter 296-800 WAC, Safety and health core rules; chapter 296-32 WAC, Safety standards for telecommunications; chapter 296-62 WAC, General occupational health standards; and chapter 296-155 WAC, Safety standards for construction work.

Additional clarifying and housekeeping changes were made to the new safety and health core rules, chapter 296-800 WAC, which was adopted on May 9, 2001. Most of these changes are corrections, such as format and punctuation, that needed to be updated throughout chapter 296-800 WAC. Additional amendments to correct references were also made in chapter 296-62 WAC, General occupational health standards; chapter 296-32 WAC, Safety standards for telecommunications; and chapter 296-155 WAC, Safety standards for construction [work]. These amendments 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.
A duplicative illustration was deleted.

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 word "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 to an address.

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

Add clarifying language relating to 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."

Citation of Existing Rules Affected by this Order: Amending WAC 296-32-250 Tools and personal protective equipment, 296-62-05140 How must employees be kept involved and informed?, 296-155-260 Fire protection, 296-800-100 Introduction. The WISHA core rules, 296-800-110 Employer responsibilities: Safe workplace -- Summary, 296-800-11005 Provide a workplace free from recognized hazards, 296-800-11020 Construct your workplace so it is safe, 296-800-120 Rule -- Employee responsibilities, 296-800-12005 Employee responsibilities, 296-800-13005 Establish a safety committee or have safety meetings, 296-800-13010 Make sure that each meeting includes a discussion of established safety topics, 296-800-15005 Make sure that first-aid trained personnel are available to provide quick and effective first aid, 296-800-15010 Make sure first-aid training contains required subjects, 296-800-160 Personal protective equipment -- Summary, 296-800-16015 Select appropriate PPE for your employees, 296-800-16020 Provide PPE to your employees, 296-800-16025 Train your employees to use PPE, 296-800-16050 Make sure your employees use appropriate eye and face protection, 296-800-170 Employer chemical hazard communication -- Introduction, 296-800-17005 Develop, implement, maintain, and make available a written chemical hazard communication program, 296-800-17010 Identify and list all the hazardous chemicals present in your workplace, 296-800-17015 Obtain and maintain material safety data sheets (MSDSs) for each hazardous chemical used, 296-800-17020 Make sure material safety data sheets are readily accessible to your employees, 296-800-17025 Label containers holding hazardous chemicals, 296-800-17030 Inform and train your employees about hazardous chemicals in your workplace, 296-800-17035 Follow these rules for laboratories using hazardous chemicals, 296-800-17040 Follow these rules for handling chemicals in factory-sealed containers, 296-800-180 Material safety data sheets (MSDSs) as exposure records introduction, 296-800-18015 Provide access to exposure records, 296-800-18020 Transfer records when ceasing to do business, 296-800-20005 Post and keep a WISHA poster in your workplace, 296-800-21005 Provide and maintain adequate lighting, 296-800-22020 Control pests in your workplace, 296-800-230 Drinking water, bathrooms, washing facilities and waste disposal -- Summary, 296-800-23005 Provide safe drinking (potable) water in your workplace, 296-800-23010 Clearly mark the water outlets that are not fit for drinking (nonpotable), 296-800-23025 Provide convenient, clean washing facilities, 296-800-24010 Control tobacco smoke that comes in from the outside, 296-800-250 Stairs and stair railings -- Summary, 296-800-25005 Provide fixed stairs where required, 296-800-25015 Provide handrails and stair railings, 296-800-26010 Protect open-sided floors and platforms, 296-800-27020 Post approved load limits (weight limits) for floors, 296-800-280 Basic electrical rules. Summary, 296-800-28005 Inspect all electrical equipment your employees use to make sure the equipment is safe, 296-800-28010 Make sure all electrical equipment is used for its approved or listed purpose, 296-800-28020 Make sure electrical equipment that is not marked is not used, 296-800-28025 Maintain electrical fittings, boxes, cabinets and outlets in good condition, 296-800-28030 Maintain all flexible cords and cables in good condition and use safely, 296-800-28040 Make sure electrical equipment is effectively grounded, 296-800-29015 Use your portable metal ladders safely, 296-800-29025 Make sure your portable wooden ladders are kept in a good condition, 296-800-29030 Use your portable wooden ladders safely and for their intended purpose, 296-800-300 Summary -- Portable fire extinguishers, 296-800-30010 Select and distribute portable fire extinguishers in your workplace, 296-800-30020 Inspect and test all portable fire extinguishers, 296-800-310 Exit routes and employee alarm systems -- Summary, 296-800-31010 Make sure that exit routes are large enough, 296-800-31035 Use side-hinged doors to connect rooms to exit routes, 296-800-320 Accident reporting and investigating -- Summary, 296-800-32005 Report the death, probable death of any employee, or the in-patient hospitalization of 2 or more employees within 8 hours, 296-800-350 WISHA appeals, penalties and other procedural rules, 296-800-35010 Citations mailed after an inspection, 296-800-35012 Employees (or their representatives) can request a citation and notice, 296-800-35026 Probability rate determination, 296-800-35030 Base penalty adjustments, 296-800-35040 Reasons for increasing civil penalty amounts, 296-800-35048 Submit progress reports to the department when required, 296-800-35050 Inform affected employees and their representatives of abatement actions you have taken, 296-800-35062 WISHA's response to your request for more time, 296-800-35064 A hearing can be requested about the department's response, 296-800-35066 Hearing procedures, 296-800-35084 Notify employees, and 296-800-370 Definitions.

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

Adopted under notice filed as WSR 01-18-083 on September 5, 2001.

Changes Other than Editing from Proposed to Adopted Version: The department did not receive any comments. Therefore, these amendments were adopted as proposed except for the following:


WAC 296-155-260 Fire protection.

A duplicative illustration was deleted.

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

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

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 75, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 75, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 75, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: As a result of the new safety and health core rules, chapter 296-800 WAC, which were adopted on May 9, 2001, additional clarifying and housekeeping changes were made. Most of these changes are corrections that needed to be updated throughout chapter 296-800 WAC and chapter 296-62 WAC, General occupational health standards. Also, two minor reference changes in chapter 296-32 WAC, Safety standards for telecommunications and chapter 296-155 WAC, Safety standards for construction, were amended. These amendments are housekeeping in nature and do not increase requirements. Therefore, the effective date for these rules will be December 1, 2001, which is less than the required thirty-one day time period required by RCW 34.05.380.

The department believes the earlier effective date is necessary because of imminent peril to the public health, safety, or welfare and to ensure continued protection for general industry.
Effective Date of Rule: December 1, 2001; except WAC 296-62-05140 is effective July 1, 2002.

November 20, 2001

Gary Moore

Director

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-5130.2


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=384 valign="center">

Place illustration here.))



WAC 296-155-260, Illus 1.)]

Height=384 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.]

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.]


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

WAC 296-800-110   Employer responsibilities: Safe workplace -- Summary.   Your responsibility: To provide a safe and healthy workplace free from recognized hazards.


((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.]


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

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

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.]


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

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

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.]


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

WAC 296-800-120   Rule(( -- Employee responsibilities)).   Employee's responsibility: To play an active role in creating a safe and healthy workplace and comply with all applicable safety and health rules.

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.]


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

WAC 296-800-12005   Employee responsibilities.   Employees must:

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.]


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

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

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.]


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

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

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.]


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

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

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.]


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

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

((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.]


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

WAC 296-800-160   Summary.   Your responsibility: To make sure that your employees have, use, and care for the appropriate personal protective equipment (PPE).

((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.]


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

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

(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.]


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

WAC 296-800-16020   Provide PPE to your employees.   You must:

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.]


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

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

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.]


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

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

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.]


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

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

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

The Employer Chemical Hazard Communication rule was developed to make sure employers and employees are informed about chemical hazards in the workplace.

This rule applies to:

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

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

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