WSR 99-17-093

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 17, 1999, 11:44 a.m. , effective December 1, 1999 ]

Date of Adoption: August 17, 1999.

Purpose: WAC 296-24, Part A-1, General, educational, medical and first-aid.

Topic: Accident prevention programs.

Purpose: The purpose of this change is to create within WAC 296-24-040 a central reference listing of all chapters that specify the development of specific requirements within an accident prevention plan for various industries and operations. There are twenty-five WISHA chapters that require employers to develop specific processes, activities, or instructions within their accident prevention plans. We are adopting a reference list of the various chapters having specific accident prevention program requirements to WAC 296-24-040. We anticipate this action will improve the employer's ability to determine the specific standards that have accident prevention program requirements applicable to their operation or industry. The adopted rule has also been rewritten using clear rule writing principles for clarification purposes.

Citation of Existing Rules Affected by this Order: Amending WAC 296-24-040.

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

Adopted under notice filed as WSR 99-10-072 on May 4, 1999.

Changes Other than Editing from Proposed to Adopted Version: (1) Deleted the "subnote" which states: "The accident prevention program must be tailored to the needs of the particular plant or operation and to the type of hazards involved. This means that recognized hazards, such as vehicle use, workplace violence, emergency washing facilities, and musculoskeletal disorders, etc., differ...as part of the accident prevention program." (2) Changed (1)(a)(i) through (1)(a)(vii) to bullets to indicate one requirement. Also, reinserted the language, "The department may be contacted for assistance in developing appropriate programs," which is currently in the existing standard.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.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: December 1, 1999.

August 17, 1999

Gary Moore

Director

OTS-2626.7


AMENDATORY SECTION(Amending Order 94-07, filed 7/20/94, effective 9/20/94)

WAC 296-24-040
Accident prevention programs.

Each employer ((shall)) must develop a formal accident-prevention program, tailored to the needs of the particular plant or operation and to the type of hazards involved.  The department may be contacted for assistance in developing appropriate programs.

(1) The ((following are the)) minimal program elements for all employers are:

(a) A safety orientation program describing the employer's ((safety)) formal accident prevention program and including the following:

(((i))) How and when to report injuries, including instruction as to the location of first-aid facilities.

(((ii))) How to report unsafe conditions and practices.

(((iii))) The use and care of required personal protective equipment.

(((iv))) The proper actions to take in event of emergencies including the routes of exiting from areas during emergencies.

(((v))) Identification of the hazardous gases, chemicals or materials involved along with the instructions on the safe use and emergency action following accidental exposure.

(((vi))) A description of the employer's total safety program.

(((vii))) An on-the-job review of the practices necessary to perform the initial job assignments in a safe manner.

(b) A designated safety and health committee consisting of management and employee representatives with the employee representatives being elected or appointed by fellow employees.

(2) Each accident-prevention program ((shall)) must be outlined in ((written format)) writing.


Note: What other written accident prevention program requirements may apply? The accident prevention plan information and/or documentation required by the following chapters can be part of the accident prevention program itself, or they can be covered in supplemental documents.
First-aid requirements WAC 296-24-061 If an employer chooses Option 1 for first-aid response, the requirements must be in writing in accordance with the standard.
Personal protective equipment WAC 296-24, Part A-2 The employer must provide a written certification that a workplace hazard assessment has been performed.
Safety procedure-control of hazardous energy (lockout/tagout) WAC 296-24, Part A-4 The employer shall establish a written program consisting of an energy control procedure in accordance with the standard.
Hazard communication WAC 296-62, Part C If workers use or are exposed to chemicals, employers are required to have a written program.
Respiratory protection WAC 296-62, Part E If the use of a respirator is needed because a hazard exits, a written program is required.
Hearing conservation WAC 296-62, Part K If employees work in a high noise environment as defined by the standard, the employer must establish a hearing conservation program. Each employer shall maintain a written description of the training program instituted.
Confined space WAC 296-62, Part M If the employer decides that its employees will enter permit spaces, the employer is required to develop and implement a written permit confined space program.
Biological agents WAC 296-62, Part J Each employer having employees with occupational exposures as defined by the standard is required to establish a written exposure control plan.
Late night retail WAC 296-24, Part A-3 If a retail employer has employees working between 11:00 p.m. and 6:00 a.m., crime prevention training shall be a part of the accident prevention program.
Means of egress WAC 296-24, Part G-1 If an employer must have an emergency action plan as a requirement of another standard (i.e., process safety management, grain handling, air contaminates) it must be developed and in writing in accordance with the standard.
Welding, cutting and brazing WAC 296-24, Part I Rules and instructions for the operation and maintenance of oxygen or fuel-gas supply equipment must be readily available in accordance with the standard.
Powered platforms, etc. WAC 296-24, Part J-2 If employees use working platforms, written work procedures for the operation, safe use, and inspection must be provided for training in accordance with the standard.
Carcinogens (cancer causing) WAC 296-62, Part G If employees are exposed to carcinogens, employers are required to implement a written program to reduce exposure to or below permissible limits.
Air contaminants (specific) WAC 296-62, Part I If employees are exposed to air contaminants listed in this chapter, employers must establish and implement a written compliance program in accordance with the standard.
Asbestos, tremolite, anthopyllite and actinolite WAC 296-62, Part I-1 If employees are exposed to asbestos, tremolite, anthopyllite and actinolite, employers must establish and implement a written program to reduce employee exposure to or below the permissible limit.
Coke ovens WAC 296-62, Part O If an employer operates coke ovens, they must implement a written program to reduce employee exposure in accordance with the standard.
Hazardous waste operations WAC 296-62, Part P If employees are involved in hazardous waste operations, employers must develop and implement a written safety and health program in accordance with the standard.
Hazardous chemicals in laboratories WAC 296-62, Part Q If employees are exposed to hazardous chemicals in laboratories, employers must develop and carry out the provisions of a written chemical hygiene plan in accordance with this standard.
Safety standards for process safety management of highly hazardous chemicals WAC 296-67 If employees work with toxic, reactive, flammable, or explosive chemicals, employers must develop a written plan as required by the standard.
Telecommunications WAC 296-32 There are additional accident prevention program requirements.
Diving operations WAC 296-37 The employer shall develop and maintain a safe practice manual.
Electrical workers WAC 296-45 There are additional accident prevention program requirements for employees working on or around high voltage.
Ski area facilities and operations WAC 296-59 The employer shall develop a written safety program.
Grain handling facilities WAC 296-99 The employer shall develop and implement a written housekeeping program.
Fire fighters WAC 296-305 The fire department shall develop a risk management policy that can be implemented into the function of incident command and the development on incident strategies.
Agriculture WAC 296-307 Agricultural employees are not covered by WAC 296-24, but agricultural employers must follow the accident prevention program requirements in WAC 296-307-030, as well as any other applicable standards referenced in this note.
Note:
In WAC 296-27 and elsewhere, there are recordkeeping requirements of which employers need to be aware.
Certain job specific activities need written, site or activity specific work plans (for example, the fall protection work plan and lead exposure in construction work).

[Statutory Authority: RCW 49.17.  94-15-096 (Order 94-07), § 296-24-040, filed 7/20/94, effective 9/20/94.  Statutory Authority: RCW 49.17.040, RCW 49.17.050, RCW 49.17.240 and chapters RCW 42.30 and RCW 43.22 RCW.  78-12-017 (Order 78-22), § 296-24-040, filed 11/13/78; Order 74-27, § 296-24-040, filed 5/7/74; Order 73-5, § 296-24-040, filed 5/9/73 and Order 73-4, § 296-24-040, filed 5/7/73.]