Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-13-114 on June 19, 2002.

     Title of Rule: Noise/hearing conservation relating to nonagricultural industries in chapter 296-62 WAC is being renumbered to chapter 296-817 WAC.

     Purpose: The Department of Labor and Industries is proposing to rewrite and clarify requirements relating to noise/hearing conservation in nonagricultural industries. This section in chapter 296-62 WAC will be renumbered to chapter 296-817 WAC. This rule making is part of the department's four-year plan to rewrite for clarity all of our general occupational safety and health rules. References to nonagricultural noise/hearing conservation in other WAC sections are also being updated with this rule making. Hearing conservation related to agriculture industries will remain in chapter 296-62 WAC.

     Other Identifying Information: The Department of Labor and Industries is proposing to rewrite and clarify requirements relating to hearing conservation in nonagricultural industries. This rule making is part of our four-year plan to rewrite for clarity all of our general occupational safety and health rules. This project will also provide additional flexibility for employers in some situations. We have identified several reference changes that will need to be updated with this rule making. The following is being proposed:

•     The hearing conservation requirements from chapter 296-62 WAC will be renumbered in chapter 296-817 WAC.

•     The rule will be reorganized and rewritten to improve clarity.

•     References to consensus standards will be updated to equivalent requirements in current consensus documents.

•     A reference to the consensus standard on background noise levels during audiometric testing has been modified based on the American Industrial Hygiene Association (AIHA) recommendations.

•     Program options are provided for employers with short-term (less than one year) employees. These program options can be used in place of employer provided audiograms.

•     References to chapters 296-54, 296-56, 296-59, 296-62, 296-155, 296-304, and 296-305 WAC will be updated.

WAC 296-54-51130 Hearing protection.

•     Update a reference.

•     Update a reference.

•     Update a reference.

•     Add a note stating, "The requirements in WAC 296-62-09015 through 296-62-09055 apply only to agriculture. The requirements for all other industries relating to noise have been moved to chapter 296-817 WAC, Noise."

•     Update a reference.

WAC 296-155-210 Hearing protection.

•     Update a reference.

•     Update a reference.

WAC 296-304-09009 Hearing protection.

•     Update a reference.

•     Update references.

WAC 296-305-05503 Summary of training requirements.

•     Update a reference.

•     Create this chapter and incorporate all the noise requirements in this one chapter.

WAC 296-817-010 Summary and scope.

•     Create this section and insert revised language from WAC 296-62-09015. No new requirements have been added.

•     Add a table explaining "noise evaluation criteria."

     WAC 296-817-01005 Conduct employee noise exposure monitoring.

•     Create this section and insert revised language from WAC 296-62-09019, 296-62-09021, 296-62-09024 and 296-62-09025. No new requirements have been added.

WAC 296-817-01010 Reduce noise where employee exposures are at or above 90 dBA TWA₈.

•     Create this section and insert revised language from WAC 296-62-09026. No new requirements have been added.

WAC 296-817-01015 Make sure employees use hearing protection when exposed to noise exposures greater than 85 dBA TWA₈.

•     Create this section and insert revised language from WAC 296-62-09031, 296-62-09033 and 296-62-09053. No new requirements have been added.

WAC 296-817-01020 Make sure exposed employees receive training about noise and hearing protection.

•     Create this section and insert revised language from WAC 296-62-09035 and 296-62-09037. No new requirements have been added.

WAC 296-817-01025 Make sure warning signs are posted for areas with noise levels above 115 dBA.

•     Create this section and insert revised language from WAC 296-62-09039. No new requirements have been added.

WAC 296-817-01030 Arrange for oversight of audiometric testing.

•     Create this section and insert revised language from WAC 296-62-09027. No new requirements have been added.

WAC 296-817-01035 Identify and correct deficiencies in your hearing loss prevention program.

•     Create this section and insert revised language from WAC 296-62-09015. No new requirements have been added.

WAC 296-817-01040 Document your hearing loss prevention activities.

•     Create this section and insert revised language from WAC 296-62-09041. No new requirements have been added.

WAC 296-817-020 Noise measurement and computation -- Summary.

•     Create this table of contents/summary page relating to noise measurement and computation. No new requirements have been added.

WAC 296-817-02005 Make sure that noise-measuring equipment meets recognized standards.

•     Create this section and insert revised language from WAC 296-62-09021 and 296-62-09023. No new requirements have been added.

WAC 296-817-02010 Measure employee noise exposure.

•     Create this section and insert revised language from WAC 296-62-09019. No new requirements have been added.

WAC 296-817-02015 Use these equations when estimating full-day noise exposure from sound level measurements.

•     Create this section and insert revised language from WAC 296-62-09055. No new requirements have been added.

WAC 296-817-030 Audiometric testing -- Summary.

•     Create this table of contents/summary page relating to audiometric testing. No new requirements have been added.

WAC 296-817-03005 Provide audiometric testing at no cost to employees.

•     Create this section and insert revised language from WAC 296-62-09027. No new requirements have been added.

WAC 296-817-03010 Establish a baseline audiogram for each exposed employee.

•     Create this section and insert revised language from WAC 296-62-09027. No new requirements have been added.

WAC 296-817-03015 Conduct annual audiograms.

•     Create this section and insert revised language from WAC 296-62-09027. No new requirements have been added.

WAC 296-817-03020 Review audiograms that indicate a standard threshold limit.

•     Create this section and insert revised language from WAC 296-62-09027. No new requirements have been added.

WAC 296-817-03025 Revise the baseline when annual audiograms indicate a persistent threshold shift or a significant improvement in hearing.

•     Create this section and insert revised language from WAC 296-62-09027. No new requirements have been added.

WAC 296-817-03030 Make sure a record is kept of audiometric tests.

•     Create this section and insert revised language from WAC 296-62-09041. No new requirements have been added.

WAC 296-817-03035 Make sure audiometric testing equipment meets these requirements.

•     Create this section and insert revised language from WAC 296-62-09029. No new requirements have been added.

WAC 296-817-040 Options to audiometric testing -- Summary.

•     Create this table of contents/summary page relating to program assessment options. These options are new but not required.

WAC 296-817-04005 Conduct hearing protection audits at least quarterly.

•     Create this section relating to conducting hearing protection audits. This option is new but not a requirement.

WAC 296-817-04010 Make sure staff conducting audits are properly trained.

•     Create this section relating to training for conducting audits. This option is new but not a requirement.

WAC 296-817-04015 Assess the hearing protection used by each employee during an audit.

•     Create this section relating to assessment of hearing protection being used during an audit. This option is new but not a requirement.

WAC 296-817-04020 Document your hearing protection audits.

•     Create this section relating to documentation of audits. This option is new but not a requirement.

WAC 296-817-04025 Make sure third party hearing loss prevention programs meet the following requirements.

•     Create this section relating to third party hearing loss prevention programs. This option is new but not a requirement.

WAC 296-817-050 Noise definitions.

•     The following definitions are incorporated into this section:

     - A-weighted

     - Audiogram

     - Audiologist

     - Baseline audiogram

     - Continuous noise

     - Criterion sound level

     - C-weighted

     - Decibel (dB)

     - Fast response

     - Hertz (Hz)

     - Impulsive or impact noise

     - Noise dose

     - Noise dosimeter

     - Otolaryngologist

     - Qualified reviewer

     - Standard threshold shifts (STS)

     - Slow response

     - Sound level

     - Sound level meter

     - TWA₈ -- Equivalent 8-hour time weighted average sound level.

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

     Statute Being Implemented: Chapter 49.17 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: This rule making is part of our four-year plan to rewrite for clarity all of our general occupational safety and health rules.

     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 Changes the Following Existing Rules: See Purpose above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A number of criteria and exemptions were established by the SBEIS analysis. One key criteria that allows rule changes to be exempt from preparation of an SBEIS is presented in RCW 34.05.310 (4)(d) "Rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect" are not subject to the SBEIS requirements. Because the proposed rule changes make clarifying and organizational changes for ease of understanding and use, but do not in any way alter the content of the original rules, there should not be an economical impact on Washington state business.

     The analysis of the rule reveals that in addition to not imposing new costs on businesses, these revisions will actually make WISHA rules easier for employers and employees to understand and use, and thus actually save them time.

     RCW 34.05.328 does not apply to this rule adoption. Significant rule-making criteria does not apply to the rule amendments because the changes simply clarify the language of the rule without changing its effect.

     Hearing Location: Department of Labor and Industries Building, Rooms S117 and S118, 7273 Linderson Way S.W., Tumwater, WA, on January 27, 2003, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Sally Elliott by January 15, 2003, at (360) 902-5484 or yous235@lni.wa.gov.

     Submit Written Comments to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, fax (360) 902-5529, by February 3, 2003.

     Date of Intended Adoption: April 1, 2003.

December 3, 2002

Gary Moore

Director

OTS-6035.2

     Your responsibility:

     To prevent employee hearing loss by minimizing and protecting them from noise exposures.

     You must:

     Conduct employee noise exposure monitoring

     WAC 296-817-01005

     Reduce noise where employee exposures are at or above 90 dBA TWA₈

     WAC 296-817-01010

     Make sure employees use hearing protection when exposed to noise exposures greater than 85 dBA TWA₈

     WAC 296-817-01015

     Make sure exposed employees receive training about noise and hearing protection

     WAC 296-817-01020

     Make sure warning signs are posted for areas with noise levels above 115 dBA

     WAC 296-817-01025

     Arrange for oversight of audiometric testing

     WAC 296-817-01030

     Identify and correct deficiencies in your hearing loss prevention program

     WAC 296-817-01035

     Document your hearing loss prevention activities

     WAC 296-817-01040.

     Scope.

     The purpose of this chapter is to:

     • Prevent employee hearing loss by minimizing employee noise exposures

     AND

     • Make sure employees exposed to noise are protected.

     These goals are accomplished by:     

     • Measuring and computing the employee noise exposure from all equipment and machinery in the workplace, as well as any other noise sources in the work area

     • Protecting employees from noise exposure by using feasible noise controls that do not rely primarily on individual employee behavior

     • Making sure employees use hearing protection, if you cannot feasibly control the noise

     • Training employees about hearing loss prevention

     • Evaluating your hearing loss prevention efforts by tracking employee hearing or periodically reviewing controls and protection

     • Making appropriate corrections to your program.

     Use Table 1 to help you determine the hearing loss prevention requirements for your workplace:

Table 1

Noise Evaluation Criteria

[]

     You must:

     • Conduct employee noise exposure monitoring to determine the employee's actual exposure when reasonable information indicates that any employee's exposure may equal or exceed 85 dBA TWA₈.

Note:	Examples of information or situations that can indicate possible exposures above 85 dBA TWA8 include:
	• Noise in the workplace that interferes with people speaking, even at close range
	• Information from the manufacturer of equipment you use in the workplace that indicates high noise levels for machines in use
	• Reports from employees of ringing in their ears or temporary hearing loss
	• Warning signals or alarms that are difficult to hear
	• Work near abrasive blasting or jack hammering operations
	• Use of tools and equipment such as the following:
	– Heavy equipment or machinery
	– Fuel-powered hand tools
	– Compressed air-driven tools or equipment in frequent use
	– Power saws, grinders or chippers
	– Powder-actuated tools.

     You must:

     • Follow applicable guidance in WAC 296-817-020 when conducting noise exposure monitoring

     • Make sure your sampling for noise exposure monitoring identifies:

     – All employees exposed at or above the following:

     &sqbul; 85 dBA TWA₈ (noise dosimetry, providing an average exposure over an eight-hour time period)

     &sqbul; 115 dBA (slow response sound level meter, identifying short-term noise exposures)

     &sqbul; 140 dBC (fast response sound level meter, identifying almost instantaneous noise exposures).

     • Provide exposed employees and their representatives with an opportunity to observe any measurements of employee noise exposure that are conducted

     • Notify each employee exposed at or above 85 dBA TWA₈ of the monitoring results within five working days

     • Conduct additional noise monitoring whenever a change in production, process, equipment or controls, may reasonably be expected to result in:

     – Additional employees exposed at or above 85 dBA TWA₈

     – Employees exposed to higher level of noise requiring more effective hearing protection.

Note:	Conditions that may be expected to increase exposure include:
	• Adding machinery to the work area
	• Increasing production rates
	• Removal or deterioration of noise control devices
	• Increased use of noisy equipment
	• Change in work schedule
	• Change of job duties.

[]

     You must:

     • Reduce noise, to the degree feasible, wherever employee noise exposure equals or exceeds 90 dBA TWA₈

     • Use control methods that do not rely primarily on individual employee behavior to reduce noise exposures.

Note:

Once noise exposures are brought below 90 dBA TWA8, no further reduction is required although hearing protection may be required. However, further reduction of noise may reduce the need for other hearing loss prevention requirements.

[]

     You must:

     • Make sure employees wear hearing protectors that will provide sufficient protection when exposed at or above:

     – 85 dBA TWA₈ (noise dosimetry, providing an average exposure over an eight-hour time period)

     – 115 dBA (slow response sound level meter, identifying short-term noise exposures)

     – 140 dBC (fast response sound level meter, identifying almost instantaneous noise exposures).

     • Provide employees with an appropriate selection of hearing protectors:

     – The selection must include at least two distinct types (such as molded earplugs, foam earplugs, custom-molded earplugs, earcaps, or earmuffs) for each exposed employee and must be sufficient to cover:

     &sqbul; Different levels of hearing protection needed in order to reduce all employee exposures to a level below 85 dBA TWA₈

     &sqbul; Different sizes

     &sqbul; Different working conditions.

     &sqbul; Consider requests of the employees regarding:

     &sqbul; Physical comfort

     &sqbul; Environmental conditions

     &sqbul; Medical needs

     &sqbul; Communication requirements.

Note:

Hearing protector selection should include earplugs, earcaps and earmuffs.

     You must:

     • Provide hearing protection at no cost to employees

     • Supervise employees to make sure that hearing protection is used correctly

     • Make sure hearing protectors are:

     – Properly chosen for fit

     – Replaced as necessary.

     • Make sure all hearing protection is sufficient to reduce the employee's equivalent eight-hour noise exposure to less than 85 dBA. When using the A-weighted exposure measurements, reported as "dBA TWA₈," the reduction in noise exposure by hearing protectors is given by Table 3:

Table 3

Effective Protection of Hearing Protectors

     • In addition to protection based on daily noise dose, make sure hearing protection has an NRR of at least 20 dB when exposures involve noise greater than or equal to 115 dBA (slow response sound level meter) or 140 dBC (fast response sound level meter).

Note:

You may also evaluate hearing protection by using the other methods given in the NIOSH Compendium of Hearing Protection (NIOSH Publication No. 95-105). These methods require additional monitoring and are more complex, but provide a more thorough evaluation of protection. This may be useful in cases where communication is critical or for evaluating hearing protection for employees with hearing impairment.

[]

     You must:

     • Train all employees exposed to noise at or above 85 dBA TWA₈

     • Provide training when an employee is first assigned to a position involving noise exposure at or above 85 dBA TWA₈ and at least annually after that

     • Update information provided in the training program to be consistent with changes in controls, hearing protectors and work processes

     • Make sure your noise and hearing protection training includes:

     – The effects of noise on hearing (including both occupational and nonoccupational exposures)

     – Noise controls used in your workplace

     – The purpose of hearing protectors: The advantages, disadvantages, and attenuation of various types

     – Instructions about selecting, fitting, using, and caring for hearing protection

     – The purpose and procedures for program evaluation including audiometric testing and hearing protection auditing when you choose to rely upon auditing (see WAC 296-817-040)

     – The employees' right to access records kept by the employer.

     • Maintain a written program describing initial and refresher training.

[]

     You must:

     • Make sure warning signs are posted at the entrances or boundaries of all well-defined work areas where employees may be exposed to noise at or above 115 dBA (measured using a sound level meter with slow response).

     – Warning signs must clearly indicate that the area is a high noise area and that hearing protectors are required.

[]

     You must:

     • Make sure audiometric testing as described by WAC 296-817-030 is supervised and reviewed by one of the following licensed or certified individuals:

     – An audiologist

     – An otolaryngologist

     – Another qualified physician.

     • Make sure audiograms are conducted by one of the above individuals or by a technician certified by the Council of Accreditation in Occupational Hearing Conservation (CAOHC) and responsible to a qualified reviewer.

[]

     You must:

     • Use audiometric testing as your principal tool to identify program deficiencies

     • Take appropriate actions when deficiencies are found with your program.

     – A deficiency is indicated when:

     &sqbul; Any employee experiences measurable hearing loss indicated by a standard threshold shift

     OR

     &sqbul; Any employee is not wearing appropriate hearing protection during an audit when auditing is used in place of baseline audiograms for short term employees (see WAC 296-817-040, Program assessment options).

Note:	A standard threshold shift or audit deficiency does not necessarily indicate that a significant hearing loss has occurred. These criteria are intended to help identify where there may be flaws in your hearing loss prevention program that can be fixed before permanent hearing loss occurs.
	There are additional statistical tools and tests that may be used to improve the effectiveness of your program. Staff conducting audiometric testing and auditing may be able to suggest additional ways to improve your hearing loss prevention program and tailor it to your worksite.

     You must:

     • Evaluate the following, at a minimum, when responding to a standard threshold shift:

     – Employee noise exposure measurements and conduct additional monitoring as necessary

     – Noise controls in the work area and make appropriate corrections or adjustments

     – The selection of hearing protection available and refit employees as necessary

     – Employee training on noise and the use of hearing protection and conduct additional training as necessary.

Reference:

You may use the option of auditing hearing protection (see WAC 296-817-040) for employees hired or transferred to jobs with noise exposure for less than one year. You may also use audiograms provided by a third-party hearing loss prevention program in some circumstances. Details of these program options are found in WAC 296-817-040, Program assessment options.

[]

     You must:

     • Create and retain records documenting noise exposures. Include, at a minimum:

     – Exposure measurements required by this chapter for at least two years and for as long as you rely upon them to determine employee exposure

     – Audiometric test records for the duration of employment for the affected employees

     – Hearing protection audits, if you choose to rely upon them, for the duration of employment of the affected employees.

Note:	• You need to keep as complete a record as possible. Records developed under previous rules or in other jurisdictions need to be kept, even when they do not fulfill the full requirements of this standard. Similarly, records found to have errors in collection or processing need to be kept if they provide an indication of employee exposure or medical condition not found in other records
	• You may want to consider your other business needs, such as worker's compensation claims management, before discarding these records.

    

Reference:

You need to follow additional requirements for records considered employee exposure or medical records. See chapter 296-62 WAC, Part B, Access to records for requirements for access to records, employee rights, and transfer of records.

[]

     Your responsibility:

     Conduct noise monitoring or measurement to evaluate employee exposures in your workplace.

     You must:

     Make sure that noise-measuring equipment meets recognized standards

     WAC 296-817-02005

     Measure employee noise exposure

     WAC 296-817-02010

     Use these equations when estimating full-day noise exposure from sound level measurements

     WAC 296-817-02015.

[]

     You must:

     • Make sure that noise dosimetry equipment meets these specifications:

     – Dosimeters must be equipment class 2AS-90/80-5 of the American National Rule Specification for Personal Noise Dosimeters, ANSI S1.25-1991, such dosimeters are normally marked "Type 2."

     Note: Make sure any dosimeter you use:

Is Type 2 equipment that: • Uses slow integration and A-weighting of sound levels.

• Has the criterion level set to 90 dB, so the dosimeter will report a constant 8-hour exposure at 90 dBA as a 100% dose.

• Has the threshold level set at 80 dB, so the dosimeter will register all noise above 80 dB.

• Uses a 5 dB exchange rate for averaging of noise levels over the sample period.

     You must:

     • Make sure that sound level meters meet these specifications:

     – American National Standard Specification for Sound Level Meters, S1.4-1984, Type 2 requirements for sound level meters, such sound level meters are normally marked "Type 2."

     &sqbul; For continuous noise measurements, the meter must be capable of measuring A-weighted sound levels with slow response

     &sqbul; For impulse or impact noise measurements, the meter must be capable of indicating maximum C-weighted sound level measurements with fast response.

     • Calibrate dosimeters and sound level meters used to monitor employee noise exposure:

     – Before and after each day's use

     AND

     – Following the instrument manufacturer's calibration instructions.

Note:	• You may conduct dosimetry using an exchange rate less than 5 dB and compare the results directly to the noise evaluation criteria in Table 1
	• For measuring impulse and impact noise you may also use a sound level meter set to measure maximum impulse C-weighted sound levels or peak C-weighted sound levels.

[]

     IMPORTANT:

     A noise dosimeter is the basis for determining total daily noise exposure for employees. However, where you have constant noise levels, you may estimate employee noise exposure using measurements from a sound level meter. Calculation of the employee noise exposure must be consistent with WAC 296-817-02015.

     You must:

     • Include all:

     – Workplace noise from equipment and machinery in use

     – Other noise from sources necessary to perform the work

     – Noise outside the control of the exposed employees.

     • Use a noise dosimeter when necessary to measure employee noise dose

     • Use a sound level meter to evaluate continuous and impulse noise levels

     • Identify all employees whose exposures equal or exceed the Noise Evaluation Criteria in Table 1:

Table 1

Noise Evaluation Criteria

[]

     You must:

     • Compute employee's full-day noise exposure by using the appropriate equations from Table 2 "Noise Dose Computation" when using a sound level meter to estimate noise dose.

Table 2

Noise Dose Computation

[]

     Your responsibility:

     To conduct audiometric testing of employees exposed to noise to make sure that their hearing protection is effective.

     You must:

     Provide audiometric testing at no cost to employees

     WAC 296-817-03005

     Establish a baseline audiogram for each exposed employee

     WAC 296-817-03010

     Conduct annual audiograms

     WAC 296-817-03015

     Review audiograms that indicate a standard threshold shift

     WAC 296-817-03020

     Revise the baseline when annual audiograms indicate a persistent threshold shift or a significant improvement in hearing

     WAC 296-817-03025

     Make sure a record is kept of audiometric tests

     WAC 296-817-03030

     Make sure audiometric testing equipment meets these requirements

     WAC 296-817-03035.

[]

     You must:

     • Provide audiograms, including any required travel or necessary additional examinations or testing, at no cost to exposed employees.

[]

     You must:

     • Conduct a baseline audiogram when an employee is first assigned to work involving noise exposures at or above 85 dBA TWA₈.

     – Make sure this audiogram is completed no more than one hundred eighty days after the employee is first assigned

     OR

     – Make sure employee is covered by a hearing protection audit program (as described by WAC 296-817-040 and available as an alternative only for employees hired for less than one year).

Note:

Employers who utilize mobile test units are allowed up to one year to obtain a valid baseline audiogram for each exposed employee. The employees must still be given training and hearing protection as required by this chapter.

     You must:

     • Make sure employees are not exposed to workplace noise at least fourteen hours before testing to establish a baseline audiogram.

     – Hearing protectors may be used to accomplish this.

     • Notify employees of the need to avoid high levels of nonoccupational noise exposure (such as loud music, headphones, guns, power tools, motorcycles, etc.) during the fourteen-hour period immediately preceding the baseline audiometric examination.

[]

     You must:

     • Conduct annual audiograms for employees as long as they continue to be exposed to noise at or above 85 dBA TWA₈.

Note:

Annual audiometric testing may be conducted at any time during the work shift. By conducting the annual audiogram during the work shift with the employee exposed to typical noise for their job, the test may record a temporary threshold shift. This makes the test more sensitive to potential hearing loss and may help you improve employee protection before a permanent threshold shift occurs. A suspected temporary shift is one reason an employer may choose to retest employee hearing.

     You must:

     • Make sure each employee is informed of the results of his or her audiometric test.

     – Include whether or not there has been a hearing level decrease or improvement since their previous test.

     • Make sure each employee's annual audiogram is compared to his or her baseline audiogram by an audiologist, otolaryngologist, another qualified physician, or the technician conducting the test to determine if a standard threshold shift has occurred.

     – If the annual audiogram indicates that an employee has suffered a standard threshold shift, you may obtain a retest within thirty days and consider the results of the retest as the annual audiogram.

     • Make sure that an audiologist, otolaryngologist, or other qualified physician sees any annual audiogram that indicates a standard threshold shift.

[]

     You must:

     • Make sure the health care professional supervising audiograms has:

     – A copy of this chapter

     – The baseline audiogram and most recent audiogram of the employee to be evaluated

     – Background noise level records for the testing room

     – Calibration records for the audiometer.

     • Obtain an opinion from the health care professional supervising audiograms as to whether the audiograms indicate possible occupational hearing loss and any recommendations for changes in hearing protection

     • Pay for any clinical audiological evaluation or otological examination required by the reviewer, if:

     – Additional review is necessary to evaluate the cause of hearing loss

     OR

     – If there is indication of a medical condition of the ear caused or aggravated by the wearing of hearing protectors.

     • Inform the employee in writing of the existence of a standard threshold shift within twenty-one calendar days of the determination.

     • Make arrangements for the reviewer to communicate to the employee any medical conditions that are found unrelated to your workplace. This information is confidential and must be handled appropriately.

[]

     You must:

     • Revise the baseline when a qualified reviewer determines:

     – The standard threshold shift revealed by the audiogram is persistent

     OR

     – The hearing threshold shown in the annual audiogram indicates significant improvement over the baseline audiogram.

[]

     You must:

     • Retain a legible copy of all employee audiograms conducted under this chapter.

     – Make sure the record includes:

     &sqbul; Name and job classification of the employee

     &sqbul; Date of the audiogram

     &sqbul; The examiner's name

     &sqbul; Date of the last acoustic or exhaustive calibration of the audiometer

     &sqbul; Employee's most recent noise exposure assessment

     &sqbul; The background sound pressure levels in audiometric test rooms.

[]

     You must:

     • Use pure tone, air conduction, hearing threshold examinations, with test frequencies including as a minimum 500, 1000, 2000, 3000, 4000, and 6000 Hz

     – Tests at each frequency must be taken separately for each ear

     – Superaural headphones must be used.

     • Conduct audiometric tests with audiometers (including microprocessor audiometers) that meet the specifications of, and are maintained and used according to, American National Standard Specification for Audiometers, S3.6-1996

     • Perform the following audiometer calibrations:

     – The functional operation of the audiometer must be checked before each day's use by testing a person with known, stable hearing thresholds by listening to the audiometer's output to make sure that the output is free from distorted or unwanted sounds. Deviations of 10 dB or greater must require an acoustic calibration

     – Audiometer calibration must be checked acoustically at least annually to verify continued conformance with ANSI S3.6-1996. Test frequencies below 500 Hz and above 6000 Hz may be omitted from this check

     – An exhaustive calibration must be performed at least every two years according to the American National Standard Specification for Audiometers, S3.6-1996. Test frequencies below 500 Hz and above 6000 Hz may be omitted from the calibration.

     • Provide audiometric test rooms that are checked daily to verify conformance with the requirements of ANSI S3.1-1999 American National Standard Maximum Permissible Ambient Noise Levels for Audiometric Test Rooms except that ambient noise levels at 500 Hz must be 26 dB or less.

[]

     Your responsibility:

     This section provides options to baseline audiometric testing for employees assigned to duties with noise exposures less than one year. These program options may also be used to provide added assessment of longer-term employees in addition to audiometric testing.

     The requirements of this section apply only if you decide to use auditing or a third-party hearing loss prevention program and do not conduct baseline audiometric testing for those employees.

     Hearing Protection Audits

     You must:

     Conduct hearing protection audits at least quarterly

     WAC 296-817-04005

     Make sure staff conducting audits are properly trained

     WAC 296-817-04010

     Assess the hearing protection used by each employee during an audit

     WAC 296-817-04015

     Document your hearing protection audits

     WAC 296-817-04020

     Third-Party Audiometric Testing

     You must:

     Make sure third-party hearing loss prevention programs meet the following requirements

     WAC 296-817-04025

     IMPORTANT:

     Hearing protection audits are a tool for use in evaluating your hearing loss prevention program in cases where audiometric testing does not provide a useful measure. For example, if most of your employees are hired on a temporary basis for a few months at a time, audiometric testing may not identify the small changes in hearing acuity that could occur. Auditing provides an alternative to audiometric testing in these cases.

     Third-party hearing loss prevention programs are full hearing loss prevention programs and are distinct from audiometric testing provided by third parties as part of your own hearing loss prevention program. These programs may be organized by labor groups, trade associations, labor-management cooperatives, or other organizations to cover a specific group of employees or combine efforts for several employers with common employees.

     Although you remain responsible for the program, third-party programs can have at least two benefits over running your own program:

     • The audiometric testing is portable between the participating employers so new testing will not be needed when an employee changes employers

     • Employees who only work for short periods for any one employer can be monitored under the group program over a longer period of time increasing the effectiveness of the audiometric testing in preventing hearing loss for these employees.

     Auditing is not required unless you use it in place of baseline audiometric testing for employees hired for a period of less than one year and is permitted as a substitute for audiometric testing only for these employees.

[]

     You must:

     • Conduct audits at least quarterly to provide a representative assessment of your workplace

     – The assessment is representative if it:

     &sqbul; Covers all processes and work activities in your business at full production levels

     AND

     &sqbul; Covers all employees present on the audit day.

     – If your business is mobile or involves variable processes, auditing may need to be repeated more often than quarterly

     – Auditing does not need to be repeated more than monthly as long as a reasonable effort is made to cover:

     &sqbul; The activities with greatest exposure

     AND

     &sqbul; As many employees as possible.

     • Assess exposures and hearing protection for the full shift for each employee covered at the time of the audit.

[]

     You must:

     • Make sure staff conducting hearing protection audits:

     – Can demonstrate competence in:

     &sqbul; Evaluating hearing protection attenuation

     &sqbul; Evaluating hearing protector choices

     &sqbul; Assessing the correct use of hearing protectors.

     – Are certified by the Council for Accreditation in Occupational Hearing Conservation (CAOHC) or have training in the following areas:

     &sqbul; Noise and hearing loss prevention

     &sqbul; Washington state noise regulations

     &sqbul; Hearing protectors

     &sqbul; Fitting of hearing protectors

     &sqbul; Basic noise measurement

     &sqbul; Hearing loss prevention recordkeeping.

[]

     You must:

     • Confirm that:

     – Current site conditions during audits are consistent with conditions existing during noise monitoring

     – The hearing protection used by the employee is sufficient and appropriate for the conditions

     – The hearing protection is worn properly

     – The employees are satisfied with the performance and comfort of the hearing protection.

[]

     You must:

     • Keep a record of audit results for each employee assessed for the length of their employment and for the length of time you will rely upon the audit results

     • Include the following information in the record:

     – The make and model of the hearing protector(s)

     – The size of the protector(s)

     – Average noise exposure of the employee

     – Any problems found with use of the hearing protection

     – Any comments or complaints from the employee regarding the hearing protection.

[]

     IMPORTANT:

     Third-party hearing loss prevention programs are intended for short term employees hired or assigned to noise for less than one year and for seasonal employees. However, other employees may be included as long as you meet all requirements for hearing loss follow-ups and recordkeeping.

     You must:

     • Make sure that the third-party program is:

     – Equivalent to an employer program as required by this chapter

     AND

     – Uses audiometric testing to evaluate hearing loss.

     • Make sure a licensed or certified audiologist, otolaryngologist, or other qualified physician administers the third-party program

     • Make sure the third-party program has written procedures for:

     – Communicating with participating employers of program requirements

     – Follow-up procedures for detected hearing loss

     – Annual review of participating employer programs.

     • Make sure the following program elements are corrected by you or the third-party program when deficiencies are found:

     – Noise exposures

     – Hearing protection

     – Employee training

     – Noise controls.

     • Obtain a review of your hearing loss prevention program at least once per year, conducted by the third-party program administrator or their representative, in order to:

     – Identify any tasks needing a revised selection of hearing protection

     AND

     – Provide an overall assessment of the employers' hearing loss prevention activities.

[]

     A-weighted - An adjustment to sound level measurements that reflects the sensitivity of the human ear. Used for evaluating continuous or average noise levels.

     Audiogram - A chart, graph, or table resulting from an audiometric test showing an individual's hearing threshold levels as a function of frequency.

     Audiologist - A professional, specializing in the study and rehabilitation of hearing, who is certified by the American Speech, Hearing, and Language Association or licensed by a state board of examiners.

     Baseline audiogram - The audiogram against which future audiograms are compared. The baseline audiogram is collected when an employee is first assigned to work with noise exposure. The baseline is then revised if persistent hearing loss is found.

     Continuous noise - Noise that is consistent with peaks spaced no more than one second apart. Continuous noise is measured using sound level meters and noise dosimeters with the slow response setting.

     Criterion sound level - A sound level of ninety decibels. An eight-hour exposure to constant 90 dBA noise is a one hundred percent noise dose exposure.

     C-weighted - An adjustment to sound level measurements that evenly weights frequencies within the range of human hearing. Used for evaluating impact or impulse noise.

     Decibel (dB) - Unit of measurement of sound level. A-weighting, adjusting for the sensitivity of the human ear, is indicated as "dBA." C-weighting, an even reading across the frequencies of human hearing, is indicated as "dBC."

     Fast response - A setting for a sound level meter that will allow the meter to respond to noise events of less than one second. Used for evaluating impulse and impact noise levels.

     Hertz (Hz) - Unit of measurement of frequency, numerically equal to cycles per second.

     Impulsive or impact noise - Noise levels which involve maxima at intervals greater than one second. Where the intervals are less than one second, the noise levels must be considered continuous. Impulse and impact noise are measured using the fast response setting on a sound level meter.

     Noise dose - The total noise exposure received by an employee during their shift. It can be expressed as a percentage indicating the ratio of exposure received to the noise exposure received in an eight-hour exposure to constant noise at 90 dBA. It may also be expressed as the sound level that would produce the equivalent exposure during an eight-hour period (TWA₈).

     Noise dosimeter - An instrument that integrates a function of sound pressure over a period of time in such a manner that it directly indicates a noise dose.

     Otolaryngologist - A physician specializing in diagnosis and treatment of disorders of the ear, nose and throat.

     Qualified reviewer - An audiologist, otolaryngologist, or other qualified physician who has experience and training in evaluating occupational audiograms.

     Slow response - A setting for sound level meters and dosimeters in which the meter does not register events of less than about one second. Used for evaluating continuous and average noise levels.

     Sound level - The intensity of noise as indicated by a sound level meter.

     Sound level meter - An instrument that measures sound levels.

     Standard threshold shift (STS) - A hearing level change, relative to the baseline audiogram, of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear.

     TWA₈ - Equivalent eight-hour time-weighted average sound level - That sound level, which if constant over an eight-hour period, would result in the same noise dose measured in an environment where the noise level varies.

[]

OTS-6040.1

AMENDATORY SECTION(Amending WSR 99-17-117, filed 8/18/99, effective 12/1/99)

WAC 296-54-51130   Hearing protection.   The employer must provide hearing protection when required by ((the general occupational health standards, chapter 296-62 WAC)) chapter 296-817 WAC, Noise.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-117, § 296-54-51130, filed 8/18/99, effective 12/1/99.]

OTS-6041.1

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

WAC 296-56-60001   Scope and applicability.   (1) The rules included in this chapter apply throughout the state of Washington, to any and all waterfront operations under the jurisdiction of the department of labor and industries.

     (2) These minimum requirements are promulgated in order to augment the general safety and health standards, and any other safety and health standards promulgated by the department of labor and industries which are applicable to all places of employment under the jurisdiction of the department of labor and industries. The rules of this chapter, and the rules of chapters 296-24, 296-62 and 296-800 WAC are applicable to all longshore, stevedore and related waterfront operations: Provided, That such rules shall not be applicable to those operations under the exclusive safety jurisdiction of the federal government.

     (3) The provisions of this chapter shall prevail in the event of a conflict with, or duplication of, provisions contained in chapters 296-24, 296-62 and 296-800 WAC. Specific standards which are applicable include, but are not limited to:

     (a) Electrical -- Chapter 296-24 WAC Part L, and WAC 296-800-280.

     (b) Toxic and hazardous substances are regulated by chapter 296-62 WAC. Where references to this chapter are given they are for informational purposes only. Where specific requirements of this chapter conflict with the provisions of chapter 296-62 WAC this chapter prevails. Chapter 296-62 WAC does not apply when a substance or cargo is contained within a manufacturer's original, sealed, intact means of packaging or containment complying with the department of transportation or International Maritime Organization requirements.

     (c) ((Hearing conservation -- Chapter 296-62 WAC Part K)) Noise -- Chapter 296-817 WAC.

     (d) Standards for commercial diving operations -- Chapter 296-37 WAC.

     (e) Safety requirements for scaffolding -- Chapter 296-24 WAC Part J-2.

     (f) Safe practices of abrasive blasting operations -- Chapter 296-24 WAC Part H-2.

     (g) Access to employee exposure and medical records -- Chapter 296-62 WAC Part B.

     (h) Respiratory protection -- Chapter 296-62 WAC Part E.

     (i) Safety standards for grain handling facilities -- Chapter 296-99 WAC.

     (j) Chemical hazard communication program -- WAC 296-800-170.

     (k) Asbestos -- Chapters 296-62 Part I-1 and 296-65 WAC.

     (l) Permit - required confined spaces and confined space -- Chapter 296-62 WAC Part M.

     (m) Servicing multi-piece and single-piece rim wheels -- Chapter 296-24 WAC Part D.

     (n) First-aid requirements -- WAC 296-800-150.

     (o) Employee emergency plans and fire prevention plans -- Chapter 296-24 WAC Part G-1.

     (4) The provisions of this chapter do not apply to the following:

     (a) Fully automated bulk coal handling facilities contiguous to electrical power generating plants.

     (b) Facilities subject to the regulations of the office of pipeline safety regulation of the materials transportation bureau, department of transportation, to the extent such regulations apply.

     (5) WAC 296-62-074 shall apply to the exposure of every employee to cadmium in every employment and place of employment covered by chapter 296-56 WAC in lieu of any different standard on exposures to cadmium that would otherwise be applicable by virtue of those sections.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-56-60001, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW 49.17.040. 99-02-024, § 296-56-60001, filed 12/30/98, effective 3/30/99. Statutory Authority: Chapter 49.17 RCW. 95-04-007, § 296-56-60001, filed 1/18/95, effective 3/1/95; 93-07-044 (Order 93-01), § 296-56-60001, filed 3/13/93, effective 4/27/93. Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060. 92-22-067 (Order 92-06), § 296-56-60001, filed 10/30/92, effective 12/8/92. Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), § 296-56-60001, filed 11/22/91, effective 12/24/91; 89-11-035 (Order 89-03), § 296-56-60001, filed 5/15/89, effective 6/30/89; 88-14-108 (Order 88-11), § 296-56-60001, filed 7/6/88. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-064 (Order 86-02), § 296-56-60001, filed 1/17/86; 85-10-004 (Order 85-09), § 296-56-60001, filed 4/19/85; 85-01-022 (Order 84-24), § 296-56-60001, filed 12/11/84.]

OTS-6042.1

AMENDATORY SECTION(Amending Order 88-11, filed 7/6/88)

WAC 296-59-090   Mobile equipment and lift trucks.   (1) Mobile equipment shall be designed, constructed, maintained, and used in accordance with this section and appropriate ANSI and/or SAE requirements.

     (2) Operator training.

     (a) Methods shall be devised by management to train personnel in the safe operation of mobile equipment.

     (b) Training programs for all mobile equipment shall include the manufacturer's operating instructions when such instructions are available.

     (c) Only trained and authorized operators shall be permitted to operate such vehicles.

     (3) Special duties of operator. Special duties of the operator of a power-driven vehicle shall include the following:

     (a) Test brakes, steering gear, lights, horns, warning devices, clutches, etc., before operating vehicle;

     (b) Not move a vehicle while an unauthorized rider is on the vehicle;

     (c) Slow down and sound horn upon approaching blind corners or other places where vision or clearance is limited;

     (d) Comply with all speed and traffic regulations and other applicable rules;

     (e) Have the vehicle being operated under control at all times so that he can safely stop the vehicle in case of emergency; and

     (f) Keep the load on the uphill side when driving a forklift vehicle on a grade.

     (4) Operator to be in proper position. Control levers of lift trucks, front end loaders, or similar types of equipment shall not be operated except when the operator is in his proper operating position.

     (5) Raised equipment to be blocked. Employees shall not work below the raised bed of a dump truck, raised buckets of front end loaders, raised blades of tractors or in similar positions without blocking the equipment in a manner that will prevent it from falling. When working under equipment suspended by use of jacks, safety stands or blocking shall be used in conjunction with the jack.

     (6) Precautions to be taken while inflating tire. Unmounted split rim wheels shall be placed in a safety cage or other device shall be used which will prevent a split rim from striking the worker if it should dislodge while the tire is being inflated.

     (7) Reporting suspected defects. If, in the opinion of the operator, a power-driven vehicle is unsafe, the operator shall report the suspected defect immediately to the person in charge. Any defect which would make the vehicle unsafe to operate under existing conditions shall be cause for immediate removal from service. The vehicle shall not be put back into use until it has been made safe.

     (8) Safe speed. Vehicles shall not be driven faster than a safe speed compatible with existing conditions.

     (9) Unobstructed view.

     (a) Vehicle operators shall have a reasonably unobstructed view of the direction of travel. Where this is not possible, the operator shall be directed by a person or by a safe guidance means or device.

     (b) Where practical, mirrors shall be installed at blind corners or intersections which will allow operators to observe oncoming traffic.

     (c) It is recommended that vehicles operating in congested areas be provided with an automatic audible or visual alarm system.

     (10) Passengers to ride properly.

     (a) Passengers shall not be permitted to ride with legs or arms extending outside the running lines of the cab, FOPS, or ROPS of any vehicle.

     (b) Passengers on mobile oversnow equipment shall ride within the cab unless exterior seating is provided. The exterior seating may include the cargo bed provided that the bed is equipped with sideboards and a tailgate at least ten inches high. If passengers are permitted to stand in the bed, adequate handholds shall be provided.

     (c) The number of passengers and seating arrangements within the cab on any mobile equipment shall not interfere with the operator's ability to safely operate the equipment.

     (d) Exterior passengers shall not be permitted on mobile oversnow equipment which has snow grooming equipment mounted on the bed or when the machine is towing any kind of equipment, sleds, etc.

     (e) Operators shall use good judgment with respect to speed and terrain when carrying exterior passengers.

     (11) Horns and lights.

     (a) Every vehicle shall be provided with an operable horn distinguishable above the surrounding noise level.

     (b) Any vehicle required to travel away from an illuminated area shall be equipped with a light or lights which adequately illuminate the direction of travel.

     (12) Brakes on power-driven vehicles. Vehicles shall be equipped with brakes and devices which will hold a parked vehicle with load on any grade on which it may be used. The brakes and parking devices shall be kept in proper operating condition at all times.

     (13) Cleaning vehicles. All vehicles shall be kept free of excessive accumulations of dust and grease which may present a hazard.

     (14) Lifting capacity of vehicle to be observed. At no time shall a load in excess of the manufacturer's maximum lifting capacity rating be lifted or carried. Such lifting capacity may only be altered with the approval of the equipment manufacturer or a qualified design engineer.

     (15) Posting rated capacity. The maximum rated lifting capacity of all lift trucks shall at all times be posted on the vehicle in such a manner that it is readily visible to the operator.

     (16) Carrying loose material. Lift trucks shall not be used to carry loose loads of pipe, steel, iron, lumber, palletized material, rolls of paper, or barrels unless adequate clearance is provided and the loads are stabilized.

     (17) Position of lift forks or clamps. The forks or clamps of lift trucks shall be kept as low as possible while the vehicle is moving. They shall be lowered to the ground or floor when the vehicle is parked.

     (18) Walking under loads prohibited. No person shall be allowed under the raised load of a lift truck, backhoe, or front end loader.

     (19) Hoisting of personnel on vehicle forks prohibited. Personnel shall not be hoisted by standing directly on the forks of vehicles.

     (20) Using forklifts as elevated work platforms. A platform or structure built specifically for hoisting persons may be used providing the following requirements are met:

     (a) The structure must be securely attached to the forks and shall have standard guardrails and toeboards installed on all sides;

     (b) The hydraulic system shall be so designed that the lift mechanism will not drop faster than one hundred thirty-five feet per minute in the event of a failure in any part of the system. Forklifts used for elevating work platforms shall be identified that they are so designed;

     (c) A safety strap shall be installed or the control lever shall be locked to prevent the boom from tilting;

     (d) An operator shall attend the lift equipment while workers are on the platform;

     (e) The operator shall be in the normal operating position while raising or lowering the platform. A qualified operator shall remain in attendance whenever an employee is on the work platform;

     (f) The vehicle shall not travel from point to point while workers are on the platform except that inching or maneuvering at very slow speed is permissible; and

     (g) The area between workers on the platform and the mast shall be adequately guarded to prevent contact with chains or other shear points.

     (21) Overhead guards on lift trucks. All lift trucks shall be equipped with an overhead guard constructed and installed to conform to USAS B56.1-1969 "Safety Code for Powered Industrial Trucks." This guard may be removed only when it cannot be used due to the nature of the work being performed in which case loads shall be maintained so as not to create a hazard to the operator.

     (22) Protection from exhaust system. Any exhaust system which might be exposed to contact shall be properly insulated or isolated to protect personnel. Exhaust systems on lift trucks and jitneys shall be constructed to discharge either within twenty inches from the floor or eighty-four inches or more above the floor. The exhausted gases shall be directed away from the operator. The equipment shall be designed in such a manner that the operator will not be exposed to the fumes.

     (23) Emergency exit from mobile equipment. Mobile equipment with an enclosed cab shall be provided with an escape hatch or other method of exit in case the regular exit cannot be used.

     (24) Vehicle wheels chocked. When driving mobile equipment onto the bed of a vehicle, the wheels of the vehicle shall be chocked.

     (25) Prevent trailer from tipping. Suitable methods shall be used or devices installed which will prevent the trailer from tipping while being loaded or unloaded.

     (26) Refueling. Gasoline or LPG engines shall be shut off during refueling.

     (27) Close valve on LPG container. Whenever vehicles using LP gas as a fuel are parked overnight or stored for extended periods of time indoors, with the fuel container in place, the service valve of the fuel container shall be closed.

     (28) LPG tanks. LPG vehicle fuel tanks shall be installed and protected in a manner which will minimize the possibility of damage to the tank.

     (29) Inspecting and testing of LPG containers. LPG containers shall be inspected and tested as required by chapter 296-24 WAC.

     (30) Spinners on steering wheels. The use of spinners on steering wheels shall be prohibited unless an antikick device is installed or the equipment has a hydraulic steering system.

     (31) The ((hearing conservation requirements of the general occupational health standards, WAC 296-62-09015, shall be applicable for)) requirements of chapter 296-817 WAC, Noise, apply to mobile equipment operation.

[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), § 296-59-090, filed 7/6/88.]

OTS-6043.1

AMENDATORY SECTION(Amending Order 83-34, filed 11/30/83)

WAC 296-62-09015   Hearing conservation.  

Note:

The requirements in WAC 296-62-09015 through 296-62-09055 apply only to agriculture. The requirements for all other industries relating to noise have been moved to chapter 296-817 WAC, Noise.

     The employer shall administer a continuing effective hearing conservation program, as described in WAC 296-62-09015 through 296-62-09055 whenever employee noise exposures equal or exceed an 8-hour time-weighted average (TWA) sound level of 85 decibels (dB) measured on the A-scale weighting at slow response or, equivalently, a noise dose of fifty percent. For purposes of the hearing conservation program, employee noise exposures shall be computed in accordance with WAC 296-62-09055, Appendix E: Noise exposure computation, without regard to any attenuation provided by the use of personal protective equipment.

[Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), § 296-62-09015, filed 11/30/83; 82-03-023 (Order 82-1), § 296-62-09015, filed 1/15/82.]

OTS-6044.1

AMENDATORY SECTION(Amending Order 84-24, filed 12/11/84)

WAC 296-155-145   Occupational noise exposure.   The occupational noise exposure requirements of ((the general occupational health standards,)) chapter ((296-62)) 296-817 WAC, ((shall)) Noise, apply.

[Statutory Authority: RCW 49.17.040 and 49.17.050. 85-01-022 (Order 84-24), § 296-155-145, filed 12/11/84; 83-15-017 (Order 83-19), § 296-155-145, filed 7/13/83, effective 9/12/83; Order 76-29, § 296-155-145, filed 9/30/76; Order 74-26, § 296-155-145, filed 5/7/74, effective 6/6/74.]

[Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), § 296-155-210, filed 11/30/83; Order 74-26, § 296-155-210, filed 5/7/74, effective 6/6/74.]

OTS-6045.1

AMENDATORY SECTION(Amending WSR 98-02-006, filed 12/26/97, effective 3/1/98)

WAC 296-304-08009   Powder-actuated fastening tools.   (1) The employer must ensure powder-actuated fastening tools are used, designed, constructed, and maintained according to the requirements of WAC 296-24-663, Safety requirements for powder-actuated fastening systems.

     (2) The employer must ensure that employees using powder-actuated fastening tools are protected by personal protective equipment that meets the requirements of WAC 296-304-09005 (1) and (2). The employer must also meet the ((hearing conservation)) requirements of ((the general occupational health standards,)) chapter ((296-62)) 296-817 WAC, ((Part K)) Noise.

[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, § 296-304-08009, filed 12/26/97, effective 3/1/98. Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-08009, filed 1/18/95, effective 3/10/95; Order 76-7, § 296-304-08009, filed 3/1/76; Order 74-25, § 296-304-08009, filed 5/7/74.]

[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, § 296-304-09009, filed 12/26/97, effective 3/1/98.]

OTS-6046.1

AMENDATORY SECTION(Amending WSR 96-11-067, filed 5/10/96, effective 1/1/97)

WAC 296-305-02005   Hearing protection.   (((1) Fire departments shall administer a continuing effective hearing conservation program, as described in chapter 296-62 WAC, Part K, Hearing Conservation, except for WAC 296-62-09031 (2)(b), whenever employees noise exposure equal or exceed an eight-hour time-weighted average (TWA) sound level of 85 decibels (dBA) measured on the A scale weighing at slow response or, equivalently, a noise dose of fifty percent.

     (2) For the purpose of a hearing conservation program, employee noise exposure shall be computed in accordance with WAC 296-62-09055, Appendix E, Noise exposure computation, without regard to any attenuation provided by the use of personal protective equipment.

     (3) The hearing conservation program shall be provided at no cost to the employee.

     (4) Hearing protection shall be provided for and used by all members when exposed to an eight-hour time weighted average of 85 dBA or greater or when exposed to noise in excess of 115 dBA from power tools, engine warm ups, drafting, or other such activities, except in situations where the use of such protective equipment would create an additional hazard to the user such as in fire suppression.

     (5) Audiometric test shall be performed by a licensed or certified audiologist, otolaryngologist, or other qualified physician, or by a technician who is certified by the council of accreditation in occupational hearing conservation. A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist or other qualified physician.

     (6) The fire department shall institute a hearing conservation training program for all employees and shall ensure their participation in such programs, meeting the minimum requirements specified in chapter 296-62 WAC, Part K.

     (7) The use of personal protective equipment to limit noise exposure shall be considered as an interim approach until the noise levels produced by vehicles, warning devices, and radios can be reduced. Protective muffs are recommended for fire fighters, due to the difficulties of proper fit and insertion of ear plugs.

     (8) Noise levels in new fire apparatus purchased after the effective date of this chapter, shall not exceed at any seated position to be a maximum of 90 dBA when measured, as specified in this section, without any warning device in operation.

     (a) Interior noise levels shall be measured with the vehicle in motion at the speed that produces the highest noise level, up to 55 mph.

     (b) All windows should be closed and the noise level shall be measured in each passenger area.

     (c) For existing apparatus, compliance with this section will be required within two years of the effective date of this chapter.

Note:

In order to reduce noise levels, the following engineering controls may achieve such a reduction:

a.	Move siren speakers and air horns down onto the front bumper.
b.	Respond with windows closed.
c.	Install sound-attenuating insulation in cabs of apparatus.
d.	Lower the pitch of siren and air horns.
e.	Improve radio equipment with higher clarity and less output volume.

     (9) For existing fire apparatus that cannot be brought into compliance, the employer shall be required to provide members with hearing protectors.

     (10) The fire department shall provide training in the use and care of all hearing protectors provided to employees.

     (11) The training program shall be repeated annually for each employee included in the hearing conservation program.

     (12) Information provided in the training program shall be updated to be consistent with changes in protective equipment and work processes.

     Additional References: Chapter 296-62 WAC, Part K.)) Fire departments must address noise issues as required by chapter 296-817 WAC, Noise.

Note:

Although noise levels may exceed the 115 dBA ceiling limit for noise exposures during structural fire fighting activities, hearing protection that will survive these conditions and not interfere with other essential gear may not always be available. Fire departments must consider daily noise exposures and exposures to noise outside direct fire fighting activities when selecting hearing protection and may use less protection during direct fire protection when adequate hearing protection is not technically feasible.

[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-02005, filed 5/10/96, effective 1/1/97.]

     (2) Training on medical procedures shall conform to WAC 296-305-02501.

     (3) Training on respiratory equipment shall conform to chapter 296-62 WAC, Part E, Respiratory protection, and WAC 296-305-04001.

     (4) Training on employee right-to-know procedures shall conform to WAC 296-800-170, chemical hazard communication program.

     (5) Training on overhaul procedures and operations shall conform to WAC 296-305-05001.

     (6) Training on wildland fires shall conform to WAC 296-305-07001 through 296-305-07019.

     (7) Training on confined space entry and/or rescue shall conform to chapter 296-62 WAC, Part M, Permit-required confined spaces and WAC 296-305-05003.

     (8) Live fire training in structures shall conform to NFPA 1403 and this section.

     (9) The employer shall provide training and education for all members commensurate with those duties and functions that members are expected to perform. Such training and education shall be provided to members before they perform emergency activities. Fire service leaders and training instructors shall be provided with training and education which is more comprehensive than that provided to the general membership of the fire department.

     (10) The employer shall assure that training and education is conducted frequently enough to assure that each member is able to perform the member's assigned duties and functions satisfactorily and in a safe manner so as not to endanger members or other employees. All members shall be provided with training at least annually. In addition, members who are expected to perform interior structural fire fighting shall be provided with an education session or training at least quarterly.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-305-05503, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-05503, filed 5/10/96, effective 1/1/97.]

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