WSR 04-11-062

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 18, 2004, 10:24 a.m. ]

     Subject of Possible Rule Making: Chapter 296-24 WAC, General safety and health standards; chapter 296-155 WAC, Safety standards for construction work; and WAC 296-305-04501 Automotive fire apparatus design and construction.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WISHA is proposing to rewrite and clarify requirements relating to the motor vehicle standard. This rule making is part of our long-term goal to rewrite our general occupational safety and health rules. WISHA will be updating requirements to conform to Title 46 RCW, Motor vehicles. In addition, the department may eliminate unnecessary requirements and outdated terminology. Also, L&I will update references to these rules throughout the rest of WISHA's standards. This proposal will move all motor vehicle requirements relating to general industries from chapter 296-24 WAC, General safety and health and chapter 296-155 WAC, Safety standards for construction work, and place them in a new chapter.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: In addition to OSHA the Washington State Patrol regulates motor vehicles. The Washington State Patrol commercial motor vehicle enforcement unit has been notified of this rule making. No other state or federal agencies are known that regulate this subject.

     Process for Developing New Rule: The department must adopt rules identical to or at-least-as-effective-as OSHA rules as required by the OSHA/WISHA state plan agreement. Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jamie Scibelli, Administrative Regulations Analyst, Department of Labor and Industries, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-4568, fax (360) 902-5529, e-mail scij235@lni.wa.gov.

May 18, 2004

Paul Trause

Director

Legislature Code Reviser 

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