PREPROPOSAL STATEMENT OF INQUIRY
LABOR AND INDUSTRIES
Subject of Possible Rule Making: Chapter 296-155 WAC, Safety standards for construction work; chapter 296-62 WAC, General occupational health standards; and chapter 296-841 WAC, Respiratory hazards.
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 lead rules. 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 provide consistency between the existing two standards. In addition, the department may eliminate unnecessary requirements and outdated terminology. Also, Labor and Industries will update references to these rules throughout the rest of WISHA's standards. This proposal will move all lead requirements relating to general industries from chapter 296-62 WAC, General occupational health standards 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: No other state or federal agencies (other than OSHA) are known to regulate worker safety and health for this subject.
Process for Developing New Rule: The department must adopt rules identical to or at-least-as-effective-as OSHA rules are 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.
December 21, 2004
Paul Trause
Director