WSR 99-07-063

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed March 17, 1999, 9:54 a.m. , effective June 17, 1999 ]

Date of Adoption: March 17, 1999.

Purpose: Chapter 296-62 WAC, General occupational health standards.

Topic: Emergency washing facilities.

Currently WISHA compliance and consultation officers rely on WAC 296-62-130, WRD 12.35, WRD 91-13A, and ANSI Z358.1-1990 to verify compliance with emergency washing facility requirements. WAC 296-62-130 does not contain the policies outlined in the WISHA regional directives nor those in the ANSI Z358.1-1990, but it does exceed the OSHA standard. OSHA consistently provides the ANSI as their reference for details on emergency eyewash and shower equipment even though it is not referred to in their standard. The department is adopting the amendments to the current rule to explicitly incorporate some ANSI requirements in order to eliminate this compliance requirement confusion and provide more specific information to the employer. ANSI Z358.1-1998 is also referenced for additional information. This action will replace WISHA Regional Directive 12.35 and WISHA Regional Directive 91-13A.

WAC 296-62-130 Emergency washing facilities. State-initiated amendments are made:

To delete definition numbering as required by the Code Reviser's Office.
To modify the definition of emergency washing facilities by adding the word "hand-held drench hoses." To delete definitions for "emergency shower," "eye/face wash," "eyewash," "personal eyewash," and "contact chemical agents."
To add the definitions for chemicals ("corrosive," "strong irritant," and "toxic chemical"), that when present, could possibly necessitate the availability of emergency washing facilities.
To changed "shall" to "must" for clarity.
To add the requirement that emergency washing facilities be accessible and free of obstruction.
To add specific requirements that apply to emergency showers.
To add specific requirements that apply to emergency eyewash equipment.
To add specific requirements that apply to personal eyewash equipment.
To add specific requirements that apply to hand-held drench hoses.
To add specific requirements for periodic inspections of plumbed and self-contained washing equipment.
To add the note that equipment that meets ANSI standards will be in compliance with this proposed rule.
To add the mailing address for the American National Standards Institute where copies of the ANSI standard can be obtained.
A public hearing was held on December 10, 1998, in Tumwater, Washington.

There were a total of eight stakeholders in attendance.
One stakeholder gave oral testimony.
Six written comments were received.

Citation of Existing Rules Affected by this Order: Amending WAC 296-62-130 Emergency washing facilities.

Statutory Authority for Adoption: RCW 49.17.040.

Adopted under notice filed as WSR 98-21-069 on October 20, 1998.

Changes Other than Editing from Proposed to Adopted Version:
To add specific requirements for annual inspection and testing that apply to emergency showers.
To add specific requirements that apply to hand-held drench hoses.
To add the mailing address for the American National Standards Institute where copies of the ANSI standard can be obtained.

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 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, 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 1, Repealed 0. Effective Date of Rule: June 17, 1999.

March 15, 1999

Gary Moore

Director

OTS-2533.2


AMENDATORY SECTION(Amending Order 85-09, filed 4/19/85)

WAC 296-62-130
Emergency washing facilities.

(1) Definitions.

(((a))) "Emergency washing facilities" means emergency showers, eyewashes, eye/face washes, hand-held drench hoses, or other similar units.

(((b) "Emergency shower" means a unit that enables a user to have water cascading over the entire body.  It shall deliver a minimum of 113.6 liters (30 gallons) per minute of water.

(c) "Eye/face wash" means a device used to irrigate and flush both the face and eyes.  It shall deliver not less than 11.4 liters (3 gallons) per minute of water for at least fifteen minutes.

(d) "Eyewash" means a device to irrigate and flush the eyes.  It shall deliver not less than 1.5 liters (0.4 gallons) per minute for at least fifteen minutes.

(e) "Personal eyewash" means a portable, supplementary eyewash that supports plumbed units, self-contained units, or both, by delivering immediate flushing for less than fifteen minutes.

(f) "Contact chemical agents" are defined in WAC 296-62-07003.))

"Corrosive" is a substance that can cause destruction of living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.

"Strong irritant" means a chemical that is not corrosive, but causes a strong temporary inflammatory effect on living tissue by chemical action at the site of contact.

"Toxic chemical" means a chemical that produces serious injury or illness by absorption through any body surface.

(2) Facilities required.

(a) What requirements apply to accessing emergency washing facilities?

Emergency washing facilities ((shall)) must be readily available ((in the immediate work area for workers who may be exposed to harmful concentrations of contact chemical agents)) and accessible.
To be readily available and accessible, emergency washing facilities ((shall)) must be free of obstruction and require no more than ten seconds to reach.  ((They should be within a))
The travel distance should be no ((greater)) farther than fifty feet (15.25 meters (((50 feet))).
(b) What requirements apply to emergency showers?

Emergency showers must be provided if there is a potential for substantial portions of the body to come into contact with corrosives, strong irritants, or toxic chemicals.
The emergency showers must deliver water to cascade over the user's entire body at a minimum rate of twenty gallons (75.7 liters) per minute for fifteen minutes or more.
(c) What requirements apply to emergency eyewash?

Emergency eyewash must be provided where there is the potential for an employee's eyes to be exposed to corrosives, strong irritants, or toxic chemicals.
The emergency eyewash equipment must irrigate and flush both eyes simultaneously while the operator holds the eyes open.
The on-off valve must be activated in one second or less and must remain on without the use of the operator's hands until intentionally turned off.
The emergency eyewash equipment must deliver at least 0.4 gallons (1.5 liters) of water per minute for fifteen minutes or more.
(d) What requirements apply to personal eyewash equipment?

Personal eyewash units are portable, supplementary units that support plumbed units or self-contained units, or both, by delivering immediate flushing for less than fifteen minutes.
Such units must deliver potable water or other medically approved eye flushing solution.
Personal eyewash equipment may be used to supplement ((the requirement for)) emergency washing facilities, however, ((in no event shall it)) they must not be used as a substitute.  ((Such units shall deliver potable water or other medically approved eye flushing solution.
(c))) (e) What are the requirements for hand-held drench hoses?

Hand-held drench hoses are single-headed emergency washing devices connected to a flexible hose and can be used to irrigate and flush the face or other parts of the body.
Hand-held drench hoses may be used to supplement emergency washing facilities, however, they must not be used as a substitute.
Hand-held drench hoses must deliver at least 3.0 gallons (11.4 liters) of water per minute for fifteen minutes or more.
(f) What periodic inspection requirements apply to plumbed and self-contained washing equipment?

All plumbed emergency ((washing)) eyewash facilities((, including personal eyewash equipment, shall be periodically)) and hand-held drench hoses must be activated weekly and inspected annually to ensure that they function correctly and that the quality and quantity of water is satisfactory for emergency washing purposes.
Emergency showers must be activated and inspected annually to ensure that they function correctly and that the quality and quantity of water is satisfactory for emergency washing purposes.
All self-contained eyewash equipment and personal eyewash equipment must be inspected and maintained according to manufacturer instructions. Inspections for proper operation must be done annually. Sealed personal eyewashes must be replaced after the manufacturer's expiration date.
Note:Most manufacturers recommend fluid replacement every six months in self-contained eyewashes. The ANSI Standard can be obtained from the American National Standards Institute, 1430 Broadway, New York, New York 10018.


(3) Potable water. All emergency washing facilities using nonpotable water ((shall)) must have signs stating the water is nonpotable.

Note:For further information on the design, installation, and maintenance of emergency washing facilities, see American National Standards Institute (ANSI) publication Z358.1 - 1998, Emergency Eyewash and Shower Equipment. Emergency washing facilities that are designed to meet ANSI Z358.1 - 1998 also meet the requirements of this standard. The ANSI Standard can be obtained from the American National Standards Institute, 1430 Broadway, New York, New York 10018.

[Statutory Authority: RCW 49.17.040 and 49.17.050.  85-10-004 (Order 85-09), 296-62-130, filed 4/19/85; Order 73-3, 296-62-130, filed 5/7/73; Order 70-8, 296-62-130, filed 7/31/70, effective 9/1/70; Rule 13.010, effective 8/1/63.]

Washington State Code Reviser's Office