WSR 08-06-073

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed March 4, 2008, 11:17 a.m. ]

Title of Rule and Other Identifying Information: Accident reporting and investigation, chapter 296-305 WAC, Firefighting.

NOTICE

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 Josh Swanson, Department of Labor and Industries, P.O. Box 4001, Olympia, WA 98504-4001 , AND RECEIVED BY May 5, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to change the reporting requirements contained in WAC 296-305-01503 to match the reporting requirements in other DOSH standards. This section was inadvertently left out of the previous rule filing that changed these requirements (see WSR 08-05-012).

Reasons Supporting Proposal: All employees will be protected equally, and DOSH rules will be consistent throughout industries.

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 not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, Washington, (360) 902-5530; Implementation and Enforcement: Stephen M. Cant, Tumwater, Washington, (360) 902-5495.

March 4, 2008

Judy Schurke

Director

OTS-1328.1


AMENDATORY SECTION(Amending WSR 96-11-067, filed 5/10/96, effective 1/1/97)

WAC 296-305-01503   Accident investigation.   (1) After the emergency actions following accidents that cause serious injuries that have immediate symptoms, a preliminary investigation of the cause of the accident shall be conducted. The investigation shall be conducted by a person designated by the employer. The fire department shall establish a written procedure and a program for investigating, and evaluating the facts, relating to the cause of accidents. The findings of the investigation shall be documented by the employer for reference at any following formal investigations.

(2) Within eight hours after the fatality or probable fatality of any fire fighter or employee from a work-related incident or the inpatient hospitalization of ((two or more)) an employee((s)) as a result of a work-related incident, the employer of any employees so affected, shall orally report the fatality((/multiple)) hospitalization by telephone or in person, to the nearest office of the department or by using the OSHA toll-free central telephone number, 1-800-321-6742.

(3) Equipment involved in an accident resulting in an immediate or probable fatality, shall not be moved, until a representative of the consultation and compliance services division investigates the accident and releases such equipment, except where removal is essential to prevent further accident. When necessary to remove the victim, such equipment may be moved only to the extent of making possible such removal.

(4) Upon arrival of the department's investigator, the employer shall assign to assist the investigator such personnel as are deemed necessary by the department to conduct the investigation.

(5) The fire department shall preserve all records, photographic materials, audio, video, recordings, or other documentation concerning an accident.

Reference: WAC 296-24-020 (2), (3).

[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-01503, filed 5/10/96, effective 1/1/97.]

Washington State Code Reviser's Office