EXPEDITED RULES
LABOR AND INDUSTRIES
Title of Rule and Other Identifying Information: Chapter 296-24 WAC, Acetylene, the federal Occupational Safety and
Health Administration (OSHA) revised its acetylene standard
for general industry by updating references to standards
published by standards developing organizations (SDO).
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Joshua Swanson, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY March 8, 2010.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The division of occupational safety and health (DOSH) believes that the revisions made to the acetylene standard by this proposal does not compromise the safety of employees, and instead enhances employee protection. For example, the updated acetylene standard includes mandatory requirements for acetylene piping systems, has special requirements for high-pressure piping systems, and prohibits storage of acetylene cylinders in confined spaces -- requirements that are not included in the current SDO standards. The updated SDO standards also provide employers with new and more extensive information than the current standards, which should facilitate compliance.
The revisions will make the requirements of DOSH's acetylene standard consistent with current industry practices, thereby eliminating confusion and clarifying employer obligations. Eliminating confusion and clarifying employer obligations should increase employee safety while reducing compliance costs.
The Compressed Gas Association (CGA) published several editions of these SDO standards after we adopted them in 1973, and one of these standards (i.e., Compressed Gas Association Pamphlet G-1.4-1966), is no longer available for purchase from CGA. Therefore, to ensure that employers have access to the latest safety requirements for managing acetylene, this rule making is adopting the requirements specified in the most recent versions of the SDO standards.
WAC 296-24-31001 Cylinders.
| • | Update the Compressed Gas Association Pamphlet reference. |
| • | Update references relating to the National Fire Protection Association (NFPA) and CGA. |
| • | Add language to allow compliance with earlier additions if applicable. |
| • | Update references relating to NFPA. |
| • | Add language to allow compliance with earlier additions if applicable. |
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Statute Being Implemented: Chapter 49.17 RCW.
Rule is necessary because of federal law, 29 C.F.R. 1910.102 (74[:] Federal Register 74:40441-40447 (2009)); 29 C.F.R. 1910.102 (74: Federal Register 74:40449-40455 (2009)); and 29 C.F.R. 1910.102 (74: Federal Register 74:57883-57884 (2009)).
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael Silverstein, Tumwater, (360) 902-4805.
January 6, 2010
Judy Schurke
Director
OTS-2846.1
AMENDATORY SECTION(Amending Order 73-5, filed 5/9/73)
WAC 296-24-31001
Cylinders.
Employers must ensure that
the in-plant transfer, handling, storage, and ((utilization))
use of acetylene in cylinders ((shall be in accordance with
Compressed Gas Association Pamphlet G-1-1966)) comply with the
provisions of CGA Pamphlet G-1-2003 (Acetylene) (Compressed
Gas Association, Inc., 11th ed., 2003).
[Order 73-5, § 296-24-31001, filed 5/9/73 and Order 73-4, § 296-24-31001, filed 5/7/73.]
(2) When employers can demonstrate that the facilities, equipment, structures, or installations used to generate acetylene or to charge (fill) acetylene cylinders were installed prior to February 16, 2006, these employers may comply with the provisions of Chapter 7 (Acetylene Piping) of NFPA 51A-2001 (Standard for Acetylene Charging Plants) (National Fire Protection Association, 2001 ed., 2001).
(3) The provisions of subsection (2) of this section also apply when the facilities, equipment, structures, or installations used to generate acetylene or to charge (fill) acetylene cylinders were approved for construction or installation prior to February 16, 2006, but constructed and installed on or after that date.
| Note: | For additional information on acetylene piping systems, see CGA G-1.2-2006, Part 3 (Acetylene Piping) (Compressed Gas Association, Inc., 3rd ed., 2006). |
[Order 73-5, § 296-24-31003, filed 5/9/73 and Order 73-4, § 296-24-31003, filed 5/7/73.]
(2) When employers can demonstrate that the facilities, equipment, structures, or installations used to generate acetylene or to charge (fill) acetylene cylinders were constructed or installed prior to February 16, 2006, these employers may comply with the provisions of NFPA 51A-2001 (Standard for Acetylene Charging Plants) (National Fire Protection Association, 2001 ed., 2001).
(3) The provisions of subsection (2) of this section also apply when the facilities, equipment, structures, or installations were approved for construction or installation prior to February 16, 2006, but constructed and installed on or after that date.
[Order 73-5, § 296-24-31005, filed 5/9/73 and Order 73-4, § 296-24-31005, filed 5/7/73.]