Preproposal statement of inquiry was filed as WSR 98-04-094 and 98-10-035.

Title of Rule: Safety standards for agriculture, chapter 296-307 WAC and general safety standards, chapter 296-24 WAC.

Purpose: The purpose of this rule-making proposal is to address four issues: (1) Adopt the legislature's expanded definition of agriculture as required by the 1997 SB 5530; (2) adopt rules related to electricity and food storage and handling in temporary labor camps as required by 2SSB 6168, chapter 37, Laws of 1998; (3) make corrections to field sanitation rules as required by two letters from OSHA; and (4) make a variety of nonsubstantive corrections and clarifications.

New Sections: WAC 296-307-16004 What electricity must be provided for temporary labor camps? Legislature-initiated proposed amendments to meet the requirement of 2SSB 6168, chapter 37, Laws of 1998, are proposed to require electricity in temporary labor camps.

WAC 296-307-18005 How must fan blades be guarded? State-initiated amendments that do not add new requirements are proposed to move requirements to guard fan blades from Part P, Guarding Power Transmission Machinery, to Part M, Guarding Tools and Equipment; Farm Shops; Material Handling.

WAC 296-307-18010 How must constant-running drives be guarded? State-initiated amendments that do not add new requirements are proposed to move requirements to guard constant-running drives from Part P, Guarding Power Transmission Machinery, to Part M, Guarding Tools and Equipment; Farm Shops; Material Handling.

WAC 296-307-18015 What training must an employer provide for employees who use agricultural equipment? State-initiated amendments that do not add new requirements are proposed to move requirements to train employees from Part P, Guarding Power Transmission Machinery, to Part M, Guarding Tools and Equipment; Farm Shops; Material Handling.

WAC 296-307-18020 What requirements apply to machine controls? State-initiated amendments that do not add new requirements are proposed to move requirements regarding machine controls from Part P, Guarding Power Transmission Machinery, to Part M, Guarding Tools and Equipment; Farm Shops; Material Handling.

WAC 296-307-18025 How must steam pipes be guarded? State-initiated amendments that do not add new requirements are proposed to move requirements to guard steam pipes from Part P, Guarding Power Transmission Machinery, to Part M, Guarding Tools and Equipment; Farm Shops; Material Handling.

Temporary labor camps, chapter 296-24 WAC, WAC 296-24-12504 What electricity must be provided for temporary labor camps? Legislature-initiated proposed amendments to meet the requirement of 2SSB 6168, chapter 37, Laws of 1998, are proposed to require electricity in temporary labor camps.

Repealed Sections: WAC 296-307-28008 What training must an employer provide for employees who use agricultural equipment? State-initiated amendments that do not add new requirements are proposed to move requirements to train employees from Part P, Guarding Power Transmission Machinery, to Part M, Guarding Tools and Equipment; Farm Shops; Material Handling.

WAC 296-307-28010 What requirements apply to machine controls? State-initiated amendments that do not add new requirements are proposed to move requirements regarding machine controls from Part P, Guarding Power Transmission Machinery, to Part M, Guarding Tools and Equipment; Farm Shops; Material Handling.

WAC 296-307-28012 What requirements apply to guarding steam pipes? State-initiated amendments that do not add new requirements are proposed to move requirements to guard steam pipes from Part P, Guarding Power Transmission Machinery, to Part M, Guarding Tools and Equipment; Farm Shops; Material Handling.

Amended Sections: State-initiated amendments to the following sections are proposed to correct references from chapter 296-306A WAC to chapter 296-307 WAC. No other changes are proposed.

WAC 296-307-003 How is this chapter divided?

WAC 296-307-05507 What other requirements apply to ladders?

WAC 296-307-076 How must farm field equipment be guarded?

WAC 296-307-08003 Which agricultural tractors are covered by this section?

WAC 296-307-08009 What requirements apply to the testing and performance of ROPS used on agricultural tractors?

WAC 296-307-08012 What requirements apply to seatbelts used with ROPS on agricultural tractors?

WAC 296-307-08018 What employee training requirements apply to ROPS used on agricultural tractors?

WAC 296-307-08021 What other requirements apply to ROPS used on agricultural tractors?

WAC 296-307-085 When must ROPS be provided for material handling equipment?

WAC 296-307-09506 What definitions apply to this section?

WAC 296-307-11010 General duties and prohibited actions--Worker protection standards--40 CFR, § 170.7.

WAC 296-307-120 Applicability of this section--Standards for workers--40 CFR, § 170.102.

WAC 296-307-12010 Exemptions--Standards for workers--40 CFR, § 170.104.

WAC 296-307-12015 Restrictions associated with pesticide applications--Standards for workers--40 CFR, § 170.110.

WAC 296-307-12020 Entry restrictions--Standards for workers--40 CFR, § 170.112.

WAC 296-307-12025 Notice of applications--Standards for workers--40 CFR, § 170.120.

WAC 296-307-12030 Providing specific information about applications--Standards for workers--40 CFR, § 170.122.

WAC 296-307-12050 Decontamination--Standards for workers--40 CFR, § 170.150.

WAC 296-307-130 Applicability of this section--Standards for pesticide handlers--40 CFR, § 170.202.

WAC 296-307-13005 Exemptions--Standards for handlers--40 CFR, § 170.204.

WAC 296-307-13015 Providing specific information about applications--Standards for pesticide handlers--40 CFR, § 170.222.

WAC 296-307-13025 Pesticide safety training--Standards for pesticide handlers--40 CFR, § 170.230.

WAC 296-307-13045 Personal protective equipment--Standards for pesticide handlers--40 CFR, § 170.240.

WAC 296-307-15003 What does this section cover?

WAC 296-307-18515 How must circular fuel-wood saws be guarded?

WAC 296-307-19006 What rules apply to guarding abrasive wheels?

WAC 296-307-20505 What requirements apply to guarding portable powered tools?

WAC 296-307-230 What are the general requirements for materials handling and storage?

WAC 296-307-24003 What does this section cover?

WAC 296-307-25012 What protection must an employer provide for wall openings and holes?

WAC 296-307-26003 What does this section cover?

WAC 296-307-26030 What requirements apply to railings and handrails on fixed stairs?

WAC 296-307-26033 What requirements apply to alternating tread-type stairs?

WAC 296-307-27010 What requirements apply to using aerial manlift equipment?

WAC 296-307-28002 What power transmission belts are covered by this section?

WAC 296-307-28014 What requirements apply to prime-mover guards?

WAC 296-307-28016 What requirements apply to guarding shafting?

WAC 296-307-28018 What requirements apply to guarding pulleys?

WAC 296-307-28020 What requirements apply to guarding horizontal belt, rope, and chain drives?

WAC 296-307-28022 What requirements apply to guarding overhead horizontal belt, rope, and chain drives?

WAC 296-307-28024 What requirements apply to guarding vertical and inclined belts?

WAC 296-307-28030 What requirements apply to guarding gears, sprockets, and chains?

WAC 296-307-28040 What requirements apply to guarding clutches, cutoff couplings, and clutch pulleys?

WAC 296-307-28042 What requirements apply to guarding belt shifters, clutches, shippers, poles, perches, and fasteners?

WAC 296-307-28048 What requirements apply to disk, shield, and U-guards?

WAC 296-307-28052 When may wood guards be used?

WAC 296-307-29005 What requirements apply to auger conveying equipment?

WAC 296-307-30003 What does this section cover?

WAC 296-307-30018 What requirements apply to electrical control for maintaining and servicing farmstead equipment?

WAC 296-307-32001 What does this section cover?

WAC 296-307-32003 When does this section not apply?

WAC 296-307-32009 How does an employer determine when to use lockout vs. tagout?

WAC 296-307-32017 How often must the energy control procedure be inspected?

WAC 296-307-32035 What requirements apply to testing and positioning machines and equipment?

WAC 296-307-32039 What requirements apply to group lockout or tagout?

Amended Sections: (changing only 306A to 307, cont.):

WAC 296-307-34003 What does this section cover?

WAC 296-307-34503 What does this section cover?

WAC 296-307-35003 What does this section cover?

WAC 296-307-35012 What are the operation and maintenance requirements for exit routes?

WAC 296-307-36005 What does this part cover?

WAC 296-307-36230 What access and working space must be provided for electrical equipment over 600 volts, nominal?

WAC 296-307-36636 How must high voltage systems be grounded?

WAC 296-307-36803 Does this section apply to factory-assembled equipment?

WAC 296-307-37203 What does this section cover?

WAC 296-307-37209 What equipment, wiring methods, and installations may be used in hazardous locations?

WAC 296-307-37603 What does this section cover?

WAC 296-307-37606 Who may work on energized parts?

WAC 296-307-37612 What requirements apply to qualified persons working near overhead lines?

WAC 296-307-37615 What requirements apply to vehicles and mechanical equipment near overhead lines?

WAC 296-307-37803 How must employees be trained on safety practices?

WAC 296-307-37807 What work practices must be followed for work on exposed deenergized parts?

WAC 296-307-37809 Must an employer have a written copy of lockout-tagout procedures?

WAC 296-307-37825 What safety-related work practices relate to flammable materials?

WAC 296-307-38006 What requirements apply to general protective equipment and tools?

WAC 296-307-38012 What electrical requirements apply to electrical protective devices?

WAC 296-307-38015 What workmanship and finish requirements apply to electrical protective devices?

WAC 296-307-40001 What does this section cover?

WAC 296-307-40007 What requirements apply to systems mounted on farm wagons (implements of husbandry) for the transportation of ammonia?

WAC 296-307-40009 What requirements apply to systems mounted on farm wagons (implements of husbandry) for the application of ammonia?

WAC 296-307-40013 What requirements apply to the construction, original test, and requalification of nonrefrigerated containers?

WAC 296-307-40015 How must nonrefrigerated containers and systems (other than DOT containers) be marked?

WAC 296-307-40021 What requirements apply to piping, tubing, and fittings?

WAC 296-307-40023 What specifications must hoses meet?

WAC 296-307-40025 What requirements apply to safety-relief devices?

WAC 296-307-40033 What requirements apply to tank car unloading points and operations?

WAC 296-307-40039 What requirements apply to electrical equipment and wiring?

WAC 296-307-41001 What does this part cover?

WAC 296-307-41017 Where must containers be located?

WAC 296-307-41025 What requirements apply to safety devices?

WAC 296-307-41027 How must indirect fired vaporizers be constructed and installed?

WAC 296-307-41031 How must direct gas-fired vaporizers be constructed and installed?

WAC 296-307-41039 What requirements apply to LP-gas in buildings?

WAC 296-307-41041 What requirements apply to transfer of liquids?

WAC 296-307-41047 What electrical requirements apply to LP-gas installations?

WAC 296-307-41049 What requirements apply to liquid-level gauging devices?

WAC 296-307-41501 What does this section cover?

WAC 296-307-41507 What additional requirements apply to cylinder systems installed outdoors?

WAC 296-307-41513 What requirements apply to safety devices for cylinder systems?

WAC 296-307-42001 What does this section cover?

WAC 296-307-42007 What additional requirements apply to safety devices for non-DOT containers?

WAC 296-307-42013 How must non-DOT containers be installed?

WAC 296-307-42023 What other requirements apply to non-DOT containers?

WAC 296-307-42501 What does this section cover?

WAC 296-307-42503 What general requirements apply to LP-gas used as a motor fuel?

WAC 296-307-42519 What is the maximum container capacity allowed?

WAC 296-307-42521 What requirements apply to stationary engines used indoors?

WAC 296-307-42523 What requirements apply to portable engines used indoors?

WAC 296-307-43001 What does this section cover?

WAC 296-307-43501 What does this section cover?

WAC 296-307-43503 How must containers be constructed?

WAC 296-307-43509 What requirements apply to valves and accessories?

WAC 296-307-43511 What requirements apply to safety devices?

WAC 296-307-43515 What requirements apply to enclosures and mounting?

WAC 296-307-44001 What does this section cover?

WAC 296-307-44007 What requirements apply to safety devices?

WAC 296-307-45003 What requirements apply to dip tanks containing flammable or combustible liquids?

WAC 296-307-45009 What general requirements apply to the construction of dip tanks?

WAC 296-307-45017 What measures must an employer take to prevent hazards from electrical and other ignition sources?

WAC 296-307-45021 What requirements must fire extinguishing systems meet?

WAC 296-307-45023 What requirements apply to hardening and tempering tanks?

WAC 296-307-45027 What requirements apply to electrostatic apparatus?

WAC 296-307-48023 What requirements apply to fuel-gas manifolds?

WAC 296-307-48027 What requirements apply to low pressure oxygen manifolds?

WAC 296-307-48029 What requirements apply to manifolding portable outlet headers?

WAC 296-307-48031 What operating procedures apply to cylinder manifolds?

WAC 296-307-48033 How must service piping systems be designed?

WAC 296-307-48501 What general requirements apply to resistance welding equipment?

WAC 296-307-48505 What requirements apply to flash welding equipment?

WAC 296-307-49005 How must arc welding equipment be designed?

WAC 296-307-49007 How must arc welding equipment be installed?

WAC 296-307-49009 How must arc welding equipment be grounded?

WAC 296-307-49011 What requirements apply to supply connections and conductors?

WAC 296-307-49013 How must arc welding equipment be operated?

WAC 296-307-49501 What basic fire prevention precautions must be taken?

WAC 296-307-49503 What special fire prevention precautions must be taken?

WAC 296-307-50005 What protective clothing must welders wear?

WAC 296-307-50009 What employee protection must be provided in confined spaces?

WAC 296-307-50011 What general requirements apply to welding ventilation?

WAC 296-307-50013 What ventilation must be provided for general welding and cutting?

WAC 296-307-50019 What requirements apply to welding fluorine compounds?

WAC 296-307-50021 What requirements apply to welding zinc?

WAC 296-307-50023 What requirements apply to welding lead?

WAC 296-307-50027 What requirements apply to welding cadmium?

WAC 296-307-52001 What does this section cover?

WAC 296-307-52013 In what environments may converted trucks be used?

WAC 296-307-52015 What requirements apply to overhead safety guards?

WAC 296-307-52017 What requirements apply to load backrests?

WAC 296-307-52047 What requirements apply to maintaining powered industrial trucks?

WAC 296-307-53001 What does this section cover?

WAC 296-307-53005 What training must an employer provide for employees who service rim wheels?

Amended Sections (other changes):

WAC 296-307-006 What does this chapter cover? State-initiated proposed amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Provide more guidance on what other safety and health rules may apply. Legislature-initiated amendments are proposed to meet the requirement of SB 5530, 1997.

Expand the scope of the definition of "agricultural operations."

WAC 296-307-009 What definitions apply to this chapter? State-initiated proposed amendments that do not add new requirements are proposed to:

Clarify that references to "the department" refer to WISHA staff.

WAC 296-307-015 What must an employer do if a serious injury occurs? State-initiated proposed amendments that do not add new requirements are proposed to:

Clarify how an employer must report a serious injury.

WAC 296-307-018 What are the employer's responsibilities? State-initiated proposed amendments that do not add new requirements are proposed to:

Provide more guidance on what other safety and health rules may apply.

WAC 296-307-024 How does an employer apply for a variance? State-initiated proposed amendments that do not add new requirements are proposed to:

Correct the address to write to for a variance application.

WAC 296-307-030 What are the required elements of an accident prevention program? State-initiated proposed amendments that do not add new requirements are proposed to:

Clarify that an accident prevention program must be in writing.

Specify where the requirement to develop an emergency action plan is found.

WAC 296-307-061 What requirements apply to working around bins, bunkers, hoppers, tanks, pits, and trenches? State-initiated proposed amendments that do not add new requirements are proposed to:

Clarify that chapter 296-155 WAC applies to excavation work.

Eliminate the confusing and incomplete requirements for excavation.

WAC 296-307-07013 What rules apply to vehicles used to transport employees? State-initiated proposed amendments that do not add new requirements are proposed to:

Clarify that all vehicles used to transport employees must be equipped with fire extinguishers.

WAC 296-307-09503 What does this section cover? OSHA-initiated amendments to address a letter from OSHA dated July 20, 1998, which identified areas in the agriculture rules that are not as effective as OSHA rules, are proposed to:

Eliminate the field sanitation exemption for production of seeds.

WAC 296-307-09509 What orientation must employers provide for field sanitation? OSHA-initiated amendments to address a letter from OSHA dated July 30, 1997, which identified areas in the agriculture rules that are not as effective as OSHA rules, are proposed to:

Specify the hazards associated with poor hygiene practices.

Clarify that nonpotable water cannot be used for sanitation purposes.

WAC 296-307-107 Federal worker protection standards--Washington state department of agriculture. State-initiated proposed amendments that do not add new requirements are proposed to:

Change the word "chapter" to "part."

WAC 296-307-11005 Definitions--Worker protection standards--40 CFR, § 170.3. State-initiated proposed amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Delete the note referring to WAC 296-306A-010, which does not exist.

WAC 296-307-12040 Pesticide safety training--Standards for workers--40 CFR, § 170.130. State-initiated proposed amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Merge all pesticide safety training requirements into one subsection to eliminate confusion.

WAC 296-307-16001 What requirements apply to camp sites? State-initiated proposed amendments that do not add new requirements are proposed to:

Eliminate requirements for closing temporary labor camps that address public health issues over which we have no jurisdiction.

WAC 296-307-16003 How must camp shelters be constructed? Legislature-initiated proposed amendments are proposed to meet the requirement of 2SSB 6168, chapter 37, Laws of 1998:

Delete requirements for cooking facilities that have been moved to WAC 296-307-16017.

WAC 296-307-16013 What lighting must an employer provide in camp buildings? State-initiated amendments that do not add new requirements are proposed to:

Clarify light level requirements in other rooms.

Legislature-initiated proposed amendments are proposed to meet the requirement of 2SSB 6168, chapter 37, Laws of 1998:

Delete the phrase "where electric service is available."

WAC 296-307-16017 How must kitchens, dining halls, and feeding facilities be constructed? Legislature-initiated proposed amendments are proposed to meet the requirement of 2SSB 6168, chapter 37, Laws of 1998:

Require facilities for cooking and food handling.

Part M--Guarding Tools; Farm Shops; Materials Handling. State-initiated amendments that do not add new requirements are proposed to:

Include equipment guarding in the part title to better reflect the contents of the part.

WAC 296-307-18503 What general requirements apply to powered saws? State-initiated amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Move requirements that apply to specific kinds of saws to the sections that cover those saws.

Clarify that push sticks or blocks must be used.

Clarify that improper dadoing is prohibited.

WAC 296-307-18506 How must band saws be guarded? State-initiated amendments that do not add new requirements are proposed to:

Rewrite for clarity (plain language).

WAC 296-307-18509 How must radial arm saws be guarded? State-initiated amendments that do not add new requirements are proposed to:

Allow the option of alternative protection equivalent to a blade guard.

Bring in requirements previously found in general saw requirements that only apply to radial arm saws.

Rewrite for clarity (plain language).

WAC 296-307-18512 How must table saws be guarded? State-initiated amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Bring in requirements previously found in general saw requirements that only apply to table saws.

Rewrite for clarity (plain language).

WAC 296-307-190 Guarding bench grinders and abrasive wheels.

State-initiated amendments that do not add new requirements are proposed to:

Add "and portable grinders" to the section title to better reflect the content of the section.

WAC 296-307-19009 What are the use, mounting, and guarding rules for abrasive wheels? State-initiated amendments that do not add new requirements are proposed to:

Add existing requirement (mistakenly located in flanges requirements) that applies to abrasive wheels.

WAC 296-307-19012 What requirements apply to flanges? State-initiated amendments that do not add new requirements are proposed to:

Delete a requirement that does not apply to flanges.

WAC 296-307-22012 What rules apply to walk-behind rotary mowers? State-initiated amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Clarify that deadman controls are required.

WAC 296-307-22509 What rules apply to the operation and maintenance of jacks? State-initiated amendments that do not add new requirements are proposed to:

Clarify that jacks alone are not a sufficient support method when working under the load.

WAC 296-307-232 What requirements apply to conveyors? State-initiated amendments that do not add new requirements are proposed to:

Clarify the emergency conditions when walking on a roller-type conveyor.

Clarify the location of the emergency stopping device for a conveyor.

WAC 296-307-25015 What protection must an employer provide for open-sided floors, platforms, and runways? State-initiated amendments that do not add new requirements are proposed to:

Correct the reference to chapter 296-307 WAC.

Correct a WAC reference.

WAC 296-307-28006 What general requirements apply to machine guarding? State-initiated amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Delete requirements for constant-running drives that were moved to Part M.

WAC 296-307-28060 What materials must be used for guardrails and toeboards? State-initiated amendments that do not add new requirements are proposed to:

Clarify that these guardrail requirements only apply to guarding power transmission machinery.

WAC 296-307-30009 How must other power transmission components of farmstead equipment be guarded? State-initiated amendments that do not add new requirements are proposed to:

Replace specifications for power transmission components guarding with a reference to the rules on power transmission guarding.

Rewrite for clarity (plain language).

WAC 296-307-34006 Who is exempt from the requirements of this section? State-initiated amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Specify in the note which sections require portable fire extinguishers.

WAC 296-307-35015 What are the requirements for an emergency action plan? State-initiated amendments that do not add new requirements are proposed to:

Specify which section requires the emergency action plan.

WAC 296-307-35018 What are the requirements for a fire prevention plan? State-initiated amendments that do not add new requirements are proposed to:

Specify which section requires a fire prevention plan.

WAC 296-307-37801 What does this section cover? State-initiated amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Correct a WAC reference.

WAC 296-307-40005 What general requirements apply to the storage and handling of anhydrous ammonia? State-initiated amendments that do not add new requirements are proposed to:

Clarify that gloves and goggles are required and a face shield may be used in addition.

WAC 296-307-45001 What general requirements apply to hazardous materials and flammable and combustible liquids? State-initiated amendments that do not add new requirements are proposed to:

Clarify that the storage requirements apply to other flammable and combustible liquids.

WAC 296-307-52003 What is a "powered industrial truck"? State-initiated amendments that do not add new requirements are proposed to:

Delete the farm vehicles exclusion inadvertently left in when chapter 296-306A WAC was adopted from chapter 296-24 WAC.

WAC 296-307-52005 What manufacturer's requirements apply to powered industrial trucks? State-initiated amendments that do not add new requirements are proposed to:

Replace "shall" with "must."

WAC 296-307-52009 What must a user consider before choosing a powered industrial truck? State-initiated amendments that do not add new requirements are proposed to:

Correct the chapter reference to chapter 296-307 WAC.

Replace "shall" with "must."

WAC 296-307-52011 What requirements determine which trucks to use in specific hazardous environments? State-initiated amendments that do not add new requirements are proposed to:

Delete the tables that users find more confusing than helpful.

Temporary labor camps, chapter 296-24 WAC.

WAC 296-24-12501 Site.

State-initiated amendments that do not add new requirements are proposed to:

Change the title to "What requirements apply to camp sites?"

Eliminate requirements for closing temporary labor camps that address public health issues over which we have no jurisdiction.

Rewrite for plain language.

WAC 296-24-12503 Shelter. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "How must camp shelters be constructed?"

Rewrite for plain language.

Legislature-initiated proposed amendments are proposed to meet the requirement of 2SSB 6168, chapter 37, Laws of 1998:

Delete requirements for cooking facilities that have been moved to WAC 296-24-12517.

WAC 296-24-12505 Water supply. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "What requirements apply to the water supply?"

Rewrite for plain language.

WAC 296-24-12507 Toilet facilities. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "Must an employer provide toilet facilities for the camp?"

Rewrite for plain language.

WAC 296-24-12509 Sewage disposal facilities. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "Must sewer lines connect to public sewers?"

Rewrite for plain language.

WAC 296-24-12511 Laundry, handwashing, and bathing facilities. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "What facilities must an employer provide for laundry, handwashing, and bathing?"

Rewrite for plain language.

WAC 296-24-12513 Lighting. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "What lighting must an employer provide in camp buildings?"

Rewrite for plain language.

Legislature-initiated proposed amendments are proposed to meet the requirement of 2SSB 6168, chapter 37, Laws of 1998:

Delete the phrase "where electric service is available."

Clarify light level requirements in other rooms.

WAC 296-24-12515 Refuse disposal. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "What requirements apply to refuse disposal?"

Rewrite for plain language.

WAC 296-24-12517 Construction and operation of kitchens, dining hall, and feeding facilities. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "What cooking and food-handling facilities must be provided in temporary labor camps?"

Legislature-initiated proposed amendments are proposed to meet the requirement of 2SSB 6168, chapter 37, Laws of 1998:

Require facilities for cooking and food handling.

WAC 296-24-12519 Insect and rodent control. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "Must an employer provide insect and rodent control?"

Rewrite for plain language.

WAC 296-24-12521 First aid. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "What first-aid facilities must be available in the camp?"

Rewrite for plain language.

WAC 296-24-12523 Reporting communicable disease. State-initiated amendments that do not add new requirements are proposed to:

Change the title to "When must an employer report communicable diseases in a camp?"

Rewrite for plain language.

Statutory Authority for Adoption: RCW 49.17.040, section 3, chapter 37, Laws of 1998.

Statute Being Implemented: RCW 49.17.010, 49.17.020, and 49.17.022.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is necessary because of federal law, 29 CFR 1928.110.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The purposed amendments to chapters 296-307 and 296-24 WAC are exempt from economic analysis because they would respond to legislative mandates of 2SSB 6168 (chapter 37, Laws of 1998) and SB 5530 (chapter 362, Laws of 1997), would adopt federal requirements regarding field sanitation, or would clarify language without changing its effect. Therefore, neither a small business economic impact statement nor an evaluation of the probable costs and probable benefits is required.

RCW 34.05.328 does not apply to this rule adoption. Significant rule-making criteria does not apply to these rule amendments because they meet the exempt criteria outlined in RCW 34.05.328 (5)(b)(iii), (iv), and (v). Significant rule-making criteria does not apply when adopting requirements mandated by law, or when adopting rules to correct information that is housekeeping in nature (typographical errors, address/name changes, or clarification of rule language without changing its effect).

Hearing Location: On September 8, 1998, at 9:00 a.m., San Juan Room, Best Western Cottontree Inn, 2300 Market Place, Mt. Vernon and at 9:00 a.m., East Ballroom, Cavanaugh's, 607 East Yakima Avenue, Yakima.

On September 9, 1998, at 1:00 p.m., Department of Labor and Industries Auditorium, 7273 Linderson Way S.W., Tumwater and at 9:00 a.m., Chelan Room, Red Lion Inn, 1225 North Wenatchee Avenue, Wenatchee.

Assistance for Persons with Disabilities: Contact Linda Dausener by August 24, 1998, at (360) 902-5516.

Submit Written Comments to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on September 18, 1998. Send fax comments (of ten pages or fewer) to (360) 902-5529.

Date of Intended Adoption: December 1, 1998.

August 4, 1998

Gary Moore

Director

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12501  ((Site.)) What requirements apply to camp sites? (((1) All sites used for camps shall be adequately drained. They shall not be subject to periodic flooding, nor located within 200 feet of swamps, pools, sink holes, or other surface collections of water unless such quiescent water surfaces can be subjected to mosquito control measures. The camp shall be located so the drainage from and through the camp will not endanger any domestic or public water supply. All sites shall be graded, ditched, and rendered free from depressions in which water may become a nuisance.

(2) All sites shall be adequate in size to prevent overcrowding of necessary structures. The principal camp area in which food is prepared and served and where sleeping quarters are located shall be at least 500 feet from any area in which livestock is kept.

(3) The grounds and open areas surrounding the shelters shall be maintained in a clean and sanitary condition free from rubbish, debris, waste paper, garbage, or other refuse.

(4) Whenever the camp is closed for the season or permanently, all garbage, manure, and other refuse shall be collected and so disposed of as to prevent nuisance. All abandoned privy pits shall be filled with earth and the grounds and buildings left in a clean and sanitary condition. If privy buildings remain, they shall be locked or otherwise secured to prevent entrance.)) (1) You must ensure that all sites used for temporary labor camps are adequately drained. The site must be free from periodic flooding, and located at least two hundred feet from a swamp, pool, sink hole, or other surface collection of water unless the water surface can be subject to mosquito control. Drainage from and through the camp must not endanger any domestic or public water supply. All sites must be free from depressions in which water may become a nuisance.

(2) All sites must be large enough to prevent overcrowding of necessary structures. The principal camp area for sleeping and for food preparation and eating must be at least five hundred feet from where livestock are kept.

(3) The grounds and open areas surrounding the shelters must be maintained in a clean and sanitary condition.

[Order 73-5, § 296-24-12501, filed 5/9/73 and Order 73-4, § 296-24-12501, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12503  ((Shelter.)) How must camp shelters be constructed? (((1) Every shelter in the camp shall be constructed in a manner which will provide protection against the elements.

(2) Each room used for sleeping purposes shall contain at least 50 square feet of floor space for each occupant. At least a 7-foot ceiling shall be provided.

(3) Beds, cots, or bunks, and suitable storage facilities such as wall lockers for clothing and personal articles shall be provided in every room used for sleeping purposes. Such beds or similar facilities shall be spaced not closer than 36 inches both laterally and end to end, and shall be elevated at least 12 inches from the floor. If double-deck bunks are used, they shall be spaced not less than 48 inches both laterally and end to end. The minimum clear space between the lower and upper bunk shall be not less than 27 inches. Triple-deck bunks are prohibited.

(4) The floors of each shelter shall be constructed of wood, asphalt, or concrete. Wooden floors shall be of smooth and tight construction. The floors shall be kept in good repair.

(5) All wooden floors shall be elevated not less than 1 foot above the ground level at all points to prevent dampness and to permit free circulation of air beneath.

(6) Nothing in this section shall be construed to prohibit "banking" with earth or other suitable material around the outside walls in areas subject to extreme low temperatures.

(7) All living quarters shall be provided with windows the total of which shall be not less than one-tenth of the floor area. At least one-half of each window shall be so constructed that it can be opened for purposes of ventilation.

(8) All exterior openings shall be effectively screened with 16-mesh material. All screen doors shall be equipped with self-closing devices.

(9) Each dwelling unit shall have at least 70 square feet of floor space for the first occupant and at least 50 square feet of floor space for each additional occupant. A separate sleeping area shall be provided for the husband and wife in all family units in which one or more children over six years of age are housed.

(10) In camps where cooking facilities are used in common, stoves (in ratio of one stove to 10 persons or one stove to two families) shall be provided in an enclosed and screened shelter. Sanitary facilities shall be provided for storing and preparing food.

(11) If a camp is used during cold weather, adequate heating equipment shall be provided.

Note: All heating, cooking, and water heating equipment shall be installed in accordance with state and local ordinances, codes, and regulations governing such installations.))

(1) You must ensure that every shelter in the camp is constructed to provide protection against the elements.

(2) Each room used for sleeping purposes must have at least fifty square feet of floor space for each occupant. The room must have at least a seven-foot ceiling.

(3) You must provide beds, cots, or bunks, and suitable storage facilities such as wall lockers for clothing and personal articles in every sleeping room.

(a) Beds must be at least thirty-six inches apart, both laterally and end to end, and the frame must keep mattresses at least twelve inches off the floor.

(b) Double-deck bunks must be spaced at least forty-eight inches apart, both laterally and end to end.

(c) The minimum clear space between lower and upper bunks must be at least twenty-seven inches.

(d) Triple-deck bunks are prohibited.

(4) The floors of each shelter must be constructed of wood, asphalt, or concrete. Wooden floors must be smooth and tight. The floors must be kept in good repair.

(5) All wooden floors must be elevated at least one foot above ground level at all points to prevent dampness and to permit free air circulation.

(6) You may "bank" around outside walls with earth or other suitable material to guard against extreme low temperatures.

(7) All living quarters must have windows covering a total area equal to at least one-tenth of the floor area. You must ensure that at least one-half of each window can be opened for ventilation.

(8) All exterior openings must be screened with sixteen-mesh material. All screen doors must have self-closing devices.

(9) You must ensure that each dwelling unit has at least seventy square feet of floor space for the first occupant and at least fifty square feet of floor space for each additional occupant. In a family unit, the husband and wife must have a separate sleeping area whenever living with one or more children over six years old.

(10) If a camp is used during cold weather, you must provide adequate heating equipment.

Note: All heating, cooking, and water heating equipment must be installed according to state and local ordinances, codes, and regulations governing such installations.

[Order 73-5, § 296-24-12503, filed 5/9/73 and Order 73-4, § 296-24-12503, filed 5/7/73.]

NEW SECTION

WAC 296-24-12504  What electricity must be provided for temporary labor camps? (1) A labor camp operator must supply electricity to all dwelling units, kitchen facilities, shower/bathroom facilities, common areas, and laundry facilities.

(2) All electrical wiring and electrical equipment in labor camps must meet the electric standards of applicable building codes.

[]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12505  ((Water supply.)) What requirements apply to the water supply? (((1) An adequate and convenient water supply, approved by the appropriate health authority, shall be provided in each camp for drinking, cooking, bathing, and laundry purposes.

(2) A water supply shall be deemed adequate if it is capable of delivering 35 gallons per person per day to the campsite at a peak rate of 2 1/2 times the average hourly demand.

(3) The distribution lines shall be capable of supplying water at normal operating pressures to all fixtures for simultaneous operation. Water outlets shall be distributed throughout the camp in such a manner that no shelter is more than 100 feet from a yard hydrant if water is not piped to the shelters.

(4) Where water under pressure is available, one or more drinking fountains shall be provided for each 100 occupants or fraction thereof. The construction of drinking fountains shall comply with ANSI Standard Specifications for Drinking Fountains, Z4.2-1942. Common drinking cups are prohibited.)) (1) In each camp, you must provide an adequate and convenient water supply for drinking, cooking, bathing, and laundry purposes. The water supply must be approved by the appropriate health authority.

"Adequate water supply" means a water supply that is capable of delivering thirty-five gallons per person per day to the campsite at a peak rate of two and one-half times the average hourly demand.

(2) You must ensure that the distribution lines are able to supply water at normal operating pressures to all fixtures for simultaneous operation. If water is not piped to the shelters, water outlets must be distributed throughout the camp so that no shelter is more than one hundred feet from a yard hydrant.

(3) Where water under pressure is available, you must provide one or more drinking fountains for each one hundred occupants or fraction thereof. The construction of drinking fountains must comply with ANSI Standard Specifications for Drinking Fountains, Z4.2-1942. Common drinking cups are prohibited.

[Order 73-5, § 296-24-12505, filed 5/9/73 and Order 73-4, § 296-24-12505, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12507  ((Toilet facilities.)) Must an employer provide toilet facilities for the camp? (((1) Toilet facilities adequate for the capacity of the camp shall be provided.

(2) Each toilet room shall be located so as to be accessible without any individual passing through any sleeping room. Toilet rooms shall have a window not less than 6 square feet in area opening directly to the outside area or otherwise be satisfactorily ventilated. All outside openings shall be screened with 16-mesh material. No fixture, water closet, chemical toilet, or urinal shall be located in a room used for other than toilet purposes.

(3) A toilet room shall be located within 200 feet of the door of each sleeping room. No privy shall be closer than 100 feet to any sleeping room, dining room, lunch area, or kitchen.

(4) Where the toilet rooms are shared, such as in multi-family shelters and in barracks type facilities, separate toilet rooms shall be provided for each sex. These rooms shall be distinctly marked "for men" and "for women" by signs printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols. If the facilities for each sex are in the same building, they shall be separated by solid walls or partitions extending from the floor to the roof or ceiling.

(5) Where toilet facilities are shared, the number of water closets or privy seats provided for each sex shall be based on the maximum number of persons of that sex which the camp is designed to house at any one time, in the ration of one such unit to each 15 persons, with a minimum of two units for any shared facility.

(6) Urinals shall be provided on the basis of one unit or 2 linear feet of urinal trough for each 25 men. The floor from the wall and for a distance not less than 15 inches measured from the outward edge of the urinals shall be constructed of materials impervious to moisture. Where water under pressure is available, urinals shall be provided with an adequate water flush. Urinal troughs in privies shall drain freely into the pit or vault and the construction of this drain shall be such as to exclude flies and rodents from the pit.

(7) Every water closet installed after the effective date of these standards shall be located in a toilet room.

(8) Each toilet room shall be lighted naturally, or artificially at all hours of the day and night as specified in WAC 296-24-12513.

(9) An adequate supply of toilet paper shall be provided in each privy, water closet, or chemical toilet compartment.

(10) Privies and toilet rooms shall be kept in a sanitary condition. They shall be cleaned at least daily.)) (1) You must provide toilet facilities adequate for the camp capacity.

(2) You must ensure that no one has to pass through a sleeping room to reach a toilet room. Toilet rooms must either have a window of at least six square feet opening directly to the outside, or be satisfactorily ventilated. All outside openings must be screened with sixteen-mesh material. No fixture, water closet, chemical toilet, or urinal must be located in a room used for other than toilet purposes.

(3) A toilet room must be within two hundred feet of the door of each sleeping room. An outhouse must be at least one hundred feet away from any sleeping room, dining room, lunch area, or kitchen.

(4) Where toilet rooms are shared, such as in multifamily shelters and in barracks-type facilities, you must provide separate toilet rooms for each sex. These rooms must be distinctly marked "men" and "women" by signs printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols. If the facilities for each sex are in the same building, they must be separated by solid walls or partitions extending from the floor to the roof or ceiling.

(5) Where toilet facilities are shared, you must provide water closets or outhouses for each sex, based on the maximum number of persons of that sex that the camp is designed to house at any one time. Water closets or outhouses must be provided in the ratio of one unit for each fifteen persons, and a minimum of two units for any shared facility.

(6) You must provide one urinal or two linear feet of urinal trough for each twenty-five men. The floor from the wall and out at least fifteen inches from the outer edge of the urinals must be constructed of materials impervious to moisture. Where water under pressure is available, urinals must have an adequate water flush. Urinal troughs in outhouses must drain freely into the pit or vault and the drain must be constructed to exclude flies and rodents from the pit.

(7) Every water closet installed after the effective date of these standards must be located in a toilet room.

(8) Each outhouse, water closet, or chemical toilet compartment must have an adequate supply of toilet paper.

(9) Toilet rooms must be kept in a sanitary condition and be cleaned at least daily.

[Order 73-5, § 296-24-12507, filed 5/9/73 and Order 73-4, § 296-24-12507, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12509  ((Sewage disposal facilities.)) Must sewer lines connect to public sewers? ((In camps where public sewers are available, all sewer lines and floor drains from buildings shall be connected thereto.)) All sewer lines and floor drains from buildings must be connected to public sewers when sewers are available.

[Order 73-5, § 296-24-12509, filed 5/9/73 and Order 73-4, § 296-24-12509, filed 5/7/73.]

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

WAC 296-24-12511  ((Laundry, handwashing, and bathing facilities.)) What facilities must an employer provide for laundry, handwashing, and bathing? (((1) Laundry, handwashing, and bathing facilities shall be provided in the following ratio:

(a) Handwash basin per family shelter or per six persons in shared facilities.

(b) Shower head for every 10 persons.

(c) Laundry tray or tub for every 30 persons.

(d) A "deepwell" type sink in each building used for laundry, hand washing, and bathing.

(2) Floors shall be of smooth finish but not slippery materials; they shall be impervious to moisture. Floor drains shall be provided in all shower baths, shower rooms, or laundry rooms to remove waste water and facilitate cleaning. All junctions of the curbing and the floor shall be coved. The walls and partitions of shower rooms shall be smooth and impervious to the height of splash.

(3) An adequate supply of hot and cold running water shall be provided for bathing and laundry purposes. Facilities for heating water shall be provided.

(4) Every service building shall be provided with equipment capable of maintaining a temperature of at least 70F. during cold weather.

(5) Facilities for drying clothes shall be provided.

(6) All service buildings shall be kept clean.)) (1) Laundry, handwashing, and bathing facilities must be provided in the following ratio:

(a) One handwash basin per family shelter or per six persons in shared facilities.

(b) One shower head for every ten persons.

(c) One laundry tray or tub for every thirty persons.

(d) One "deepwell" type sink in each building used for laundry, handwashing, and bathing.

(2) Floors must be moisture-resistant and smooth but not slippery. All junctions of the curbing and the floor must be coved. The walls and partitions of shower rooms must be smooth and moisture-resistant to the height of splash. All shower baths, shower rooms, or laundry rooms must have floor drains to remove waste water and facilitate cleaning.

(3) An adequate supply of hot and cold running water must be provided for bathing and laundry purposes. Facilities for heating water must be provided.

(4) Every service building must be provided with equipment capable of maintaining a temperature of at least 70 degrees Fahrenheit.

(5) Facilities for drying clothes must be provided.

(6) All service buildings must be kept clean.

[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-24-12511, filed 7/20/94, effective 9/20/94; Order 73-5, § 296-24-12511, filed 5/9/73 and Order 73-4, § 296-24-12511, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12513  ((Lighting.)) What lighting must an employer provide for camp buildings? ((Where electric service is available, each habitable room in a camp shall be provided with at least one ceiling-type light fixture and at least one separate floor- or wall-type convenience outlet. Laundry and toilet rooms and rooms where people congregate shall contain at least one ceiling- or wall-type fixture. Light levels in toilet and storage rooms shall be at least 20 foot-candles 30 inches from the floor. Other rooms, including kitchens and living quarters, shall be at least 30 foot-candles 30 inches from the floor.)) Each habitable room in a camp must have at least one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet. Laundry and toilet rooms and rooms where people congregate must have at least one ceiling-type or wall-type fixture. Light levels in toilet and storage rooms must be at least twenty foot-candles thirty inches from the floor. The light level in other rooms, including kitchens and living quarters, must be at least thirty foot-candles thirty inches from the floor.

[Order 73-5, § 296-24-12513, filed 5/9/73 and Order 73-4, § 296-24-12513, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12515  ((Refuse disposal.)) What requirements apply to refuse disposal? (((1) Fly-tight, rodent-tight, impervious, cleanable or single service containers, approved by the state board of health shall be provided for the storage of garbage. At least one such container shall be provided for each family shelter and shall be located within 100 feet of each shelter on a wooden, metal, or concrete stand.

(2) Garbage containers shall be kept clean.

(3) Garbage containers shall be emptied when full, but not less than twice a week.)) (1) Cleanable or single service containers that can be securely closed, approved by the state board of health, must be provided for garbage storage. At least one such container must be provided for each family shelter and must be located within one hundred feet of each shelter on a wooden, metal, or concrete pad.

(2) Garbage containers must be kept clean.

(3) Garbage containers must be emptied when full, and at least twice a week.

[Order 73-5, § 296-24-12515, filed 5/9/73 and Order 73-4, § 296-24-12515, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12517  ((Construction and operation of kitchens, dining hall, and feeding facilities.)) What cooking and food-handling facilities must be provided in temporary labor camps? (((1) In all camps where central dining or multiple family feeding operations are permitted or provided, the food handling facilities shall comply with the requirements of the "Food Service Sanitation Ordinance and Code," Part V of the Food Service Sanitation Manual, U.S. Public Health Service Publication 934 (1965).

(2) A properly constructed kitchen and dining hall adequate in size, separate from the sleeping quarters of any of the workers or their families, shall be provided in connection with all food handling facilities. There shall be no direct opening from living or sleeping quarters into a kitchen or dining hall.

(3) No person with any communicable disease shall be employed or permitted to work in the preparation, cooking, serving, or other handling of food, foodstuffs, or materials used therein, in any kitchen or dining room operated in connection with a camp or regularly used by persons living in a camp.)) A labor camp operator must provide enclosed and screened cooking and food-handling facilities for all occupants.

(1) If cooking facilities are located in dwelling units, the operator must provide:

(a) An operable cook stove or hot plate with at least one cooking surface for every two adult occupants or four cooking surfaces for every two families;

(b) A sink with hot and cold running potable water under pressure;

(c) Food storage areas and nonabsorbent, easily cleanable food preparation counters situated off the floor;

(d) Mechanical refrigeration able to maintain a temperature of 45 degrees Fahrenheit or below, with enough space to store perishable food items for all occupants;

(e) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;

(f) Nonabsorbent, easily cleanable floors;

(g) At least one ceiling or wall light fixture; and

(h) Lighting of thirty foot-candles measured thirty inches from the floor; and

(i) Adequate ventilation for cooking facilities.

(2) In common food-handling facilities, the operator must provide:

(a) A room or building, adequate in size, separate from any sleeping quarters;

(b) No direct openings to living or sleeping areas from the common food-handling facility;

(c) An operable cook stove or hot plate with at least one cooking surface for every two adult occupants or four cooking surfaces for every two families;

(d) Sinks with hot and cold running potable water under pressure;

(e) Food storage areas and nonabsorbent, easily cleanable food preparation counters situated off the floor;

(f) Mechanical refrigeration able to maintain a temperature of 45 degrees Fahrenheit or below, with enough space to store perishable food items for all occupants;

(g) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;

(h) Nonabsorbent, easily cleanable floors;

(i) At least one ceiling or wall light fixture; and

(j) Lighting of thirty foot-candles measured thirty inches from the floor;

(k) Adequate ventilation for cooking facilities.

(3) The operator must ensure that dining hall facilities:

(a) Comply with chapter 246-215 WAC, Food service;

(b) Are in a room or building, adequate in size, separate from any sleeping quarters;

(c) Have no direct openings to living or sleeping areas from the dining hall facility;

(d) Have fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;

(e) Have nonabsorbent, easily cleanable floors;

(f) Have at least one ceiling or wall light fixture; and

(g) Have available lighting of thirty foot-candles measured thirty inches from the floor.

[Order 73-5, § 296-24-12517, filed 5/9/73 and Order 73-4, § 296-24-12517, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12519  ((Insect and rodent control.)) Must an employer provide insect and rodent control? ((Effective measures shall be taken to prevent infestation by and harborage of animal or insect vectors or pests.)) You must take effective measures to prevent and control insect and rodent infestation.

[Order 73-5, § 296-24-12519, filed 5/9/73 and Order 73-4, § 296-24-12519, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12521  ((First aid.)) What first-aid facilities must be available in the camp? (((1) Adequate first-aid facilities approved by a health authority shall be maintained and made available in every labor camp for the emergency treatment of injured persons.

(2) Such facilities shall be in charge of a person trained to administer first aid and shall be readily accessible for use at all times.)) (1) In every camp, you must provide and maintain adequate first-aid facilities, approved by a health authority, for emergency treatment.

(2) A first-aid trained person must be in charge of first-aid facilities.

[Order 73-5, § 296-24-12521, filed 5/9/73 and Order 73-4, § 296-24-12521, filed 5/7/73.]

AMENDATORY SECTION (Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-12523  ((Reporting communicable disease.)) When must an employer report communicable diseases in a camp? (((1) It shall be the duty of the camp superintendent to report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease.

(2) Whenever there shall occur in any camp a case of suspected food poisoning or an unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, it shall be the duty of the camp superintendent to report immediately the existence of the outbreak to the local health officer or state board of health by telegram or telephone.)) (1) You must report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease.

(2) Whenever suspected food poisoning or an unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice occurs, the camp superintendent must report immediately the outbreak to the local health officer or state board of health.

[Order 73-5, § 296-24-12523, filed 5/9/73 and Order 73-4, § 296-24-12523, filed 5/7/73.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-003  How is this chapter divided? The first three digits of the WAC (296) are the title. The second three digits are the chapter (((306A))) (307). The third number group is the section, which may have three or five digits. The fourth and fifth digits are treated as if there were a decimal point after the third digit.

For example: Section 330 of this chapter includes all five-digit sections whose number begins with 330.

Sections may be further divided as indicated below.

Title-Chapter-Section ((296-306A-330)) 296-307-330

((296-306A-33003)) 296-307-33003

Subsection (1)

(2)

Subdivision (a)

(b)

Item (i)

(ii)

Note: The chapter is also divided into "parts" according to subject, to make it easier for you to find the information you need.

[Recodified as § 296-307-003. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-003, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-006  What does this chapter cover? (1) Chapter ((296-306A)) 296-307 WAC applies to all agricultural operations with one or more employees covered by the Washington Industrial Safety and Health Act (WISHA), chapter 49.17 RCW.

"Agricultural operations" are all operations necessary to farming and ranching, including ((equipment and machinery maintenance, and planting, cultivating, growing or raising, keeping for sale, harvesting, or transporting on the farm or to the first place of processing any tree, plant, fruit, vegetable, animal, fowl, fish, or insects or products)), but not limited to:

(a) Cultivating and tilling the soil;

(b) Dairy farming;

(c) Producing, cultivating, growing, and harvesting of any agricultural or horticultural commodity;

(d) Raising livestock, bees, fur-bearing animals, or poultry; and

(e) Any practices performed by a farmer or on a farm, incident to or in connection with such farming operations, including but not limited to preparation for market and delivery to:

(i) Storage;

(ii) Market; or

(iii) Carriers for transportation to market. Agricultural operations include, but are not limited to, all employers in one or more of the following standard industrial classification (SIC) codes:

"In-field" processing operations directly related to agricultural operations are covered under this chapter.

"Agricultural operations" do not include a farmer's processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's employees.

(2) Chapter 296-24 WAC does not apply to agricultural operations.

(3) If rules in this chapter conflict with rules in another chapter of Title 296 WAC, this chapter prevails.

(((3) When you assign employees to perform tasks other than those directly related to agricultural operations, the proper chapter of Title 296 WAC applies instead of this chapter.

For example: Employees working in fruit and vegetable packing houses are covered by the general safety and health standards in chapter 296-24 WAC. Employees working on logging and sawmill activities are covered by the appropriate chapter of Title 296 WAC.)) (4) All agricultural operations are also covered by the requirements of chapter 296-62 WAC, general occupational health rules.

(5) When you assign employees to perform tasks outside the scope of this chapter, then the related safety rules will apply.

For example, see the following chapters for rules related to:

[Recodified as § 296-307-006. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-006, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-009  What definitions apply to this chapter? "Approved" means approved by the director of the department of labor and industries, or by another organization designated by the department. Also means listed or approved by a nationally recognized testing laboratory.

"Authorized person" means someone you have approved to perform specific duties or to be at a specific location on the job site.

"Department" means the department of labor and industries. When this chapter refers to "we" or "us," it means ((the department)) labor and industries staff responsible for enforcing the Washington Industrial Safety and Health Act (WISHA).

"Director" means the director of the department of labor and industries, or a designated representative.

"Employee" means someone providing personal labor in the business of the employer, including anyone providing personal labor under an independent contract.

"Employer" means a business entity having one or more employees. Also, any person, partnership, or business entity with no employees but having industrial insurance coverage is both an employer and an employee. When this chapter refers to "you," it means the employer or a designated representative.

"Hazard" means a condition that can cause injury, death, or occupational disease.

"Listed" means listed by a nationally recognized testing laboratory.

"Must" means mandatory.

"Nationally recognized testing laboratory" See 29 CFR 1910.7 (federal OSHA requirements).

"Pesticide" means:

Any substance intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;

Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own, intended to be used with any pesticide as an aid to its application or effect, and sold in a package or container separate from that of the pesticide with which it is to be used.

"Safety factor" means the ratio of the ultimate breaking strength of a piece of material or equipment to the actual working stress or safe load when in use.

"Should" or "may" means recommended.

"Standard safeguard" means a device designed and constructed to remove a hazard related to the machine, appliance, tool, building, or equipment to which it is attached.

"Working day," for appeals and accident reporting, means a calendar day, except Saturdays, Sundays, and legal holidays as defined by RCW 1.16.050. To compute the time within which an act is to be completed, exclude the first working day and include the last.

[Recodified as § 296-307-009. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-009, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-015  What must an employer do if a serious injury occurs? (1) You must report to us within eight hours of an incident that:

Causes a fatal or possibly fatal injury;

Involves acute injury or illness from exposure to pesticides; or

Causes injury requiring in-patient hospitalization of any employee.

To report, you ((may)) must contact your nearest labor and industries office by phone ((us)) or ((report)) in person, or ((you may use)) call the OSHA toll-free ((central telephone number)) hotline, 1-800-321-6742.

EXCEPTION: If you do not learn of a reportable incident when it happens, you must report it within eight hours of learning about the incident.

(a) Your report must include:

Establishment name;

Location of the incident;

Time of the incident;

Number of fatalities, hospitalized employees, or pesticide exposures;

Contact person;

Phone number; and

Brief description of the incident.

(b) Fatalities or hospitalizations that occur within thirty days of an incident must also be reported.

(2) If a department investigator asks for assistance, you must assign the employees that the investigator requests.

(3) Do not move any equipment involved in the incident until we complete an investigation.

EXCEPTION: You may move equipment to prevent additional incidents, or to remove the victim.

[Recodified as § 296-307-015. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-015, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-018  What are the employer's responsibilities? You must:

(1) Provide a safe and healthful working environment.

(2) Ensure that employees do not use defective or unsafe tools and equipment, including tools and equipment that may be furnished by the employee.

(3) Implement a written accident prevention program as required by these standards.

(4) Implement a hazard communication program as required by chapter 296-62 WAC, Part C.

(5) Establish a system for reporting and recording accidents on the OSHA 200 log. (See chapter 296-27 WAC.)

(6) Provide safety education and training programs.

(7) Implement the requirements of WAC 296-62-074 through 296-62-07451 to ensure the safety of employees who are exposed to cadmium in the workplace.

(8) Implement the requirements of WAC 296-62-145 through 296-62-14529 to ensure the safety of employees who are exposed to confined spaces in the workplace.

(9) Ensure that employee chainsaw use is according to the requirements of chapter 296-54 WAC, logging operations.

[Recodified as § 296-307-018. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-018, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-024  How does an employer apply for a variance? (1) If you find that it is impractical for you to comply with specific requirements of this standard, we may permit a variation from the requirements. However, you must still provide equal protection by substitute means and comply with the requirements of chapter 49.17 RCW and chapter 296-350 WAC, variances.

(2) On the variance application you must certify that you have posted a copy of the written application in a place reasonably accessible to your employees. You must also mail a copy of the application to any authorized employee representative. The notice must advise employees of their right to request us to conduct a hearing on the variance application. You must notify employees before you apply.

Note: To request a permanent or temporary variance, you may write to: Department of Labor and Industries, ((Consultation and Compliance)) WISHA Services, PO Box ((44620)) 44648, Olympia, WA 98504-((4620)) 4648. We will mail you an application form and instruction sheet. We will also send a copy of chapter 296-350 WAC, Variances, if you request it.

[Recodified as § 296-307-024. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-024, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-030  What are the required elements of an accident prevention program? (1) You must instruct all employees in safe working practices at the beginning of employment. Your instruction must be tailored to the types of hazards to which employees are exposed.

(2) You must develop ((an)) a written accident prevention program tailored to the needs of your agricultural operation and to the types of hazards involved.

(3) Your accident prevention program must contain at least the following elements:

(a) How, when, and where to report injuries and illnesses, and the location of first-aid facilities.

(b) How to report unsafe conditions and practices.

(c) The use and care of personal protective equipment.

(d) ((What to do in emergencies.)) An emergency action plan as described in WAC 296-307-35015(1).

(e) Identification of hazardous chemicals or materials and the instruction for their safe use.

(f) An on-the-job review of the practices necessary to perform job assignments in a safe and healthful manner.

(4) ((Your accident prevention program must be outlined in writing.

(5))) At least once a month, you must conduct a walk-around safety inspection of active job sites, the materials and equipment involved, and operating procedures. A representative chosen by employees must be invited and allowed to accompany you.

[Recodified as § 296-307-030. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-030, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-05507  What other requirements apply to ladders? (1) Ladders made by fastening cleats across a single rail are prohibited.

(2) Wood ladders, when not in use, should be stored where they will not be exposed to the elements, but where there is good ventilation. They must be stored away from radiators, stoves, steam pipes, or other excessive heat or dampness.

(3) Wooden ladders should be kept coated with a suitable protective material. Painted ladders are acceptable if the ladders are carefully inspected prior to painting by competent and experienced inspectors acting for, and responsible to, the purchaser, and if the ladders are not for resale.

(4) A ladder must have feet that are appropriate for the surface on which it will be used.

For example: A ladder used on a slippery surface must have steel points or other nonslip material on its feet.

(5) Ladders must not be placed in front of doors opening toward the ladder unless the door is blocked open, locked, or guarded.

(6) Ladder safety devices may be used on tower, water tank and chimney ladders over twenty feet long in place of cage protection. No landing platform is required in these cases. All ladder safety devices such as lifebelts, friction brakes, and sliding attachments must meet the design requirements of the ladders that they serve.

(7) See chapter ((296-306A)) 296-307 WAC Part K for requirements related to working near overhead lines.

[Recodified as § 296-307-05507. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-05507, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-061  What requirements apply to working around bins, bunkers, hoppers, tanks, pits, and trenches? (1) Employees must be prohibited from entering any bin, bunker, hopper, or similar area when loose materials (such as chips, sand, grain, gravel, sawdust, etc.) may collapse, unless the employee wears a safety ((belt)) harness with a lifeline attached and is attended by a helper.

Note: Silage pits are exempt from this section.

(2) ((When employees are required to work in a trench or a pit 4 feet deep or more, the trench or the pit must be shored or sloped according to the following table:

1 Numbers in parentheses next to maximum allowable slopes are angles in degrees from the horizontal. Angles have been rounded off.

2 Sloping or benching for excavations greater than 20 feet deep must be designed by a registered professional engineer.

(3) Each soil and rock deposit must be classified by a competent person as Stable Rock, Type A, B, or C according to the definitions in WAC 296-155-66401. "Competent person" means someone who is able to identify working conditions that are hazardous to employees, and has authority to take prompt action to eliminate the hazards.

(4) Classification of the deposits must be based on the results of at least one visual and at least one manual analysis. The analyses must be conducted by a competent person using tests in recognized methods of soil classification and testing such as those adopted by the American Society for Testing Materials, or the U.S. Department of Agriculture textural classification system)) Excavation work must be performed according to the requirements of chapter 296-155 WAC, part N, Excavation, trenching, and shoring.

[Recodified as § 296-307-061. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-061, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-07013  What rules apply to vehicles used to transport employees? You must ensure that motor vehicles used regularly to transport employees meet the following requirements:

(1) The vehicles are well equipped, covered against the weather, and maintained in good mechanical condition at all times.

(2) A sufficient number of properly secured seats are provided in each vehicle to accommodate the number of employees transported. When emergency conditions make it necessary to transport more employees than the seating capacity can accommodate, all employees must ride within the vehicle. No employee may ride on fenders or running boards of the vehicle.

(3) No employees may ride in or on any vehicle with their legs hanging over the end or sides. All trucks without tail gates should have safety bars.

(4) The vehicles have storage strong enough to retain sharp tools that could present a hazard to employees being transported.

(5) All dump-trucks used to transport employees have an adequate safety chain or locking device to ensure that the body of the truck is not raised while employees are riding in it.

(6) Explosives or highly inflammable materials are not carried in or on the vehicle while it is used to transport employees.

(7) Exhaust systems are installed and maintained in proper condition, and are designed to eliminate the employee exposure to exhaust gases and fumes.

(8) Within the cab, crew trucks must carry only the number of passengers for which they are designed. In any seating arrangement, the driver must be able to maintain full freedom of motion. The driver's normal vision must be free from obstruction by passengers or the seating arrangement.

(9) All enclosed crew trucks have an emergency exit in addition to the regular entrance.

(10) Trucks used for hauling gravel may be used as crew trucks if they meet the following requirements:

(a) Steps in proper places;

(b) Wooden floors;

(c) Securely fastened seats;

(d) Truck is properly covered; and

(e) Compliance with all other general regulations covering crew trucks.

(11) Half-ton vehicles must haul no more than six persons including driver. Three-quarter-ton vehicles must haul no more than eight persons including driver.

(12) A vehicle used as a first-aid station has stretchers ((and fire extinguishers)).

(13) The vehicle is equipped with fire extinguishers.

(14) Heating units with open fires are not used in vehicles transporting crews.

[Recodified as § 296-307-07013. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-07013, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-076  How must farm field equipment be guarded? "Farm field equipment" means tractors or implements, including self-propelled implements, used in agricultural operations.

(1) All power transmission components must be guarded according to WAC ((296-306A-280)) 296-307-280.

(2) The manufacturer's instruction manual, if published by the manufacturer and currently available, must be the source of information for the safe operation and maintenance of field equipment.

(3) You must ensure that all power takeoff shafts, including rear, mid-mounted or side-mounted shafts, are guarded by a master shield, as follows:

(a) The rear power takeoff has a master shield. The master shield is strong enough to prevent permanent deformation of the shield when a 250-pound operator mounts or dismounts the tractor using the shield as a step.

(b) Power takeoff driven equipment is guarded to prevent employee contact with rotating members of the power drive system. When the tractor master shield must be removed to use specific power takeoff driven equipment, the equipment must provide protection from the part of the tractor power takeoff shaft that protrudes from the tractor.

(c) Signs are placed at prominent locations on the tractor and on power takeoff driven equipment requiring that safety shields are kept in place.

(4) The following functional components must be shielded to a degree consistent with the intended function and operator's vision of the component.

Snapping or husking rolls;

Straw spreaders and choppers;

Cutterbars;

Flail rotors;

Rotary beaters;

Mixing augers;

Feed rolls;

Conveying augers;

Rotary tillers; and

Similar units that must be exposed for proper function

(5) Where removing a guard or access door will expose an employee to any component that continues to rotate after the power is disengaged, you must provide, in the immediate area:

(a) A safety sign warning the employee to look and listen for evidence of rotation and to wait until all components have stopped before removing the guard or access door.

(b) A readily visible or audible warning of rotation on equipment manufactured after October 25, 1976.

(6) If the mounting steps or ladder and the handholds of the propelling vehicle are made inaccessible by installation of other equipment, other steps and handholds must be provided on the equipment.

(7) You must ensure that the operator's steps and platform have a slip-resistant covering to minimize the possibility of slipping.

(8) Powered machines not driven by an individual motor must have a clutch or other effective means of stopping.

(9) All friction clutches must have sufficient clearance and be kept adjusted to prevent drag or creeping when disengaged.

[Recodified as § 296-307-076. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-076, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-08003  Which agricultural tractors are covered by this section? All agricultural tractors manufactured after October 25, 1976, must meet the requirements of WAC ((296-306A-080)) 296-307-080. An agricultural tractor manufactured on or before October 25, 1976, must meet the requirements of WAC ((296-306A-080)) 296-307-080 if:

(1) The tractor was built or sold with rollover protective structures (ROPS) as an optional accessory; or

(2) According to the manufacturer, the tractor was designed to accommodate the addition of ROPS.

[Recodified as § 296-307-08003. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08003, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-08009  What requirements apply to the testing and performance of ROPS used on agricultural tractors? You must provide a rollover protective structure (ROPS) for each employee-operated tractor that is covered by WAC ((296-306A-080)) 296-307-080. ROPS used on wheel-type tractors must meet the test and performance requirements of OSHA 1928.52 CFR, Protective Frames for Wheel Type Agricultural Tractors, and ROPS used on track-type tractors must meet the test and performance requirements of SAE Standard J334a (July 1970) and the portions of SAE Standard J167 (1971) pertaining to overhead protection requirements.

[Recodified as § 296-307-08009. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08009, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-08012  What requirements apply to seatbelts used with ROPS on agricultural tractors? (1) Where ROPS are required by WAC ((296-306A-080)) 296-307-080, you must:

(a) Provide each tractor with a seatbelt;

(b) Require that each employee use the seatbelt while the tractor is moving; and

(c) Require that each employee tighten the seatbelt sufficiently to confine the employee to the ROPS protected area.

(2) Each seatbelt and seatbelt anchorage must meet the requirements of ANSI/SAE J800 April 1986, Motor Vehicle Seat Belt Assemblies.

(a) Where a suspended seat is used, the seatbelt must be fastened to the movable portion of the seat.

(b) The seatbelt webbing material must be at least as resistant to acids, alkalis, mildew, aging, moisture and sunlight as untreated polyester fiber.

[Recodified as § 296-307-08012. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08012, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-08018  What employee training requirements apply to ROPS used on agricultural tractors? (1) You must ensure that every employee who operates an agricultural tractor is informed of the operating practices listed below and of any other practices dictated by the work environment. You must provide the information at the time of initial assignment and at least annually thereafter.

exhibit a

employee operating instructions

1. Securely fasten your seat belt if the tractor has a ROPS.

2. Where possible, avoid operating the tractor near ditches, embankments and holes.

3. Reduce speed when turning, crossing slopes and on rough, slick or muddy surfaces.

4. Stay off slopes too steep for safe operation.

5. Watch where you are going, especially at row ends, on roads and around trees.

6. Passengers, other than persons required for instruction or machine operation, shall not be permitted to ride on equipment unless a passenger seat or other protective device is provided.

7. Operate the tractor smoothly--no jerky turns, starts, or stops.

8. Hitch only to the drawbar and hitch points recommended by tractor manufacturers.

9. When tractor is stopped, set brakes securely and use park lock if available.

(2) You must ensure that every employee who operates an agriculture tractor is trained specifically in the operation of the tractor to be used. The training must include an orientation of the operator to the topographical features of the land where the tractor will be operated. Training must emphasize safe operating practices to avoid rollover.

(3) The tractor training program must be described in the written accident prevention program required by WAC ((296-306A-030)) 296-307-030.

[Recodified as § 296-307-08018. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-08-051A, § 296-306A-08018, filed 3/31/97, effective 5/1/97; 96-22-048, § 296-306A-08018, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-08021  What other requirements apply to ROPS used on agricultural tractors? (1) You must ensure that batteries, fuel tanks, oil reservoirs, and coolant systems are constructed and located or sealed to ensure that no spillage comes in contact with the operator in the event of an upset.

(2) All sharp edges and corners at the operator's station must be designed to minimize operator injury in the event of an upset.

(3) When ROPS are removed, they must be remounted to meet the requirements of WAC ((296-306A-080)) 296-307-080.

(4) You must ensure that each ROPS has a label, permanently affixed to the structure, that states:

(a) Manufacturer's or fabricator's name and address;

(b) ROPS model number, if any;

(c) Tractor makes, models, or series numbers that the structure is designed to fit; and

(d) That the ROPS model was tested in accordance with the requirements of this section.

[Recodified as § 296-307-08021. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-08021, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-085  When must ROPS be provided for material handling equipment? (1) This section applies to the following types of material handling equipment: Rubber-tired, self-propelled scrapers; rubber-tired front-end loaders; rubber-tired dozers; wheel-type agricultural and industrial tractors; crawler tractors; crawler-type loaders; and motor graders, with or without attachments, that are used in agricultural work. This section does not apply to side-boom pipelaying tractors.

(2) You must ensure that material handling equipment manufactured on or after October 25, 1976, is equipped with ROPS that meet the minimum performance standards of WAC ((296-306A-08009)) 296-307-08009.

(3) ROPS and supporting attachments must meet the minimum performance standards of OSHA 1928.52 CFR, Protective Frames for Wheel Type Agricultural Tractors, or must be designed, fabricated, and installed in a manner that will support, based on the ultimate strength of the metal, at least two times the weight of the prime mover applied at the point of impact.

(a) The ROPS must be designed to minimize the likelihood of a complete overturn and to minimize the possibility of the operator being crushed in a rollover.

(b) The design must provide a vertical clearance of at least fifty-two inches from the work deck to the ROPS at the entrance.

(4) When ROPS are removed, they must be remounted so as to meet the requirements of this section.

(5) Each ROPS must have a label, permanently affixed to the structure, that states:

(a) Manufacturer's or fabricator's name and address;

(b) ROPS model number, if any;

(c) Tractor makes, models, or series numbers that the structure is designed to fit; and

(d) That the ROPS model was tested in accordance with the requirements of this section.

[Recodified as § 296-307-085. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-085, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-09503  What does this section cover? WAC ((296-306A-095)) 296-307-095 applies to any agricultural employer with one or more employees engaged in any hand-labor operations in the field.

EXCEPTION: WAC ((296-306A-09515)) 296-307-09515 (handwashing facilities) and ((296-306A-09518)) 296-307-09518 (toilet facilities) do not apply if your employees:

(1) Are engaged in field activities for the production of grains, ((seeds,)) livestock, or livestock feed; or

(2) Use vehicles, machinery, or animals as part of their field activities and, when needed, can transport themselves to and from toilet and handwashing facilities.

[Recodified as § 296-307-09503. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09503, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-09506  What definitions apply to this section? "Accessible" means a maximum of one-quarter mile or five minutes travel time from the worksite.

"Hand-labor operations" means agricultural operations performed by hand or with hand tools.

For example: The hand cultivation, weeding, planting or harvesting of vegetables, nuts, fruit, seedlings or other crops, including mushrooms, and hand packing into containers.

EXCEPTION: Hand-labor does not include logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or packing houses).

"Handwashing facility" means a facility that meets the requirements of WAC ((296-306A-09515)) 296-307-09515 and is approved by the local health authority.

"Toilet" means a fixed or portable facility designed for the purpose of adequate collection and containment of both defecation and urination. "Toilet" includes biological, chemical, flush, and combustion toilets, or sanitary outhouses.

[Recodified as § 296-307-09506. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09506, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-09509  What orientation must employers provide for field sanitation? You must provide each employee with verbal orientation on field sanitation facilities. The orientation must be understandable to each employee and must include:

(1) Informing each employee of the importance of following good hygiene practices to minimize exposure to the hazards in the field of heat, communicable diseases, retention of urine, and agrichemical residues;

(2) The location of potable water supplies;

(((2))) (3) Identification of all nonpotable water at the worksite and prohibition of the use of nonpotable water for sanitation purposes with an explanation of the hazards associated with using nonpotable water;

(((3))) (4) The location of handwashing facilities with an explanation of when and how they should be used and the hazards associated with not using them; and

(((4))) (5) The location of toilet facilities; an explanation that facilities are for employee convenience and health considerations; the necessity to keep them sanitary; and that using the fields, orchards, or forests is not an option.

[Recodified as § 296-307-09509. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-09509, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-107  Federal worker protection standards--Washington state department of agriculture. This ((chapter)) part contains the federal Environmental Protection Agency worker protection standards as listed in 40 CFR, Part 170. Revisions to the federal language have been incorporated into this chapter in order to be consistent with other requirements of Washington state law. These rules are adopted in conjunction with rules adopted by the Washington state department of agriculture in chapter 16-233 WAC.

[Recodified as § 296-307-107. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-107, filed 9/30/96, effective 11/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-11005  Definitions--Worker protection standards--40 CFR, § 170.3. Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this part, shall have the following meanings:

"Agricultural emergency" means a sudden occurrence or set of circumstances which the agricultural employer could not have anticipated and over which the agricultural employer has no control, and which requires entry into a pesticide treated area during a restricted-entry interval, when no alternative practices would prevent or mitigate a substantial economic loss.

"Agricultural employer" means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of or is responsible for the management or condition of an agricultural establishment that uses such workers.

Note: This definition does not conflict with the definition of employer in WAC ((296-306A-012)) 296-307-012.

"Agricultural establishment" means any farm, forest, nursery, or greenhouse.

((Note: This applies to all the Standard Industrial Classification (SIC) Codes listed in WAC 296-306A-010.))

"Agricultural plant" means any plant grown or maintained for commercial or research purposes and includes, but is not limited to, food, feed, and fiber plants; trees; turfgrass; flowers, shrubs; ornamentals; and seedlings.

"Animal premise" means the actual structure used to house, cage or confine animals such as: Barns, poultry houses, mink sheds, corrals, or structures used for shelter.

"Chemigation" means the application of pesticides through irrigation systems.

"Commercial pesticide handling establishment" means any establishment, other than an agricultural establishment, that:

Employs any person, including a self-employed person, to apply on an agricultural establishment, pesticides used in the production of agricultural plants.

Employs any person, including a self-employed person, to perform on an agricultural establishment, tasks as a crop advisor.

"Crop advisor" means any person who is assessing pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants and who holds a current Washington state department of agriculture commercial consultant license in the agricultural areas in which they are advising. The term does not include any person who is performing hand labor tasks.

"Early entry" means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired.

"Farm" means any operation, other than a nursery or forest, engaged in the outdoor production of agricultural plants.

"Forest" means any operation engaged in the outdoor production of any agricultural plant to produce wood fiber or timber products.

"Fumigant" means any pesticide product that is a vapor or gas, or forms a vapor or gas on application, and whose method of pesticidal action is through the gaseous state.

"Greenhouse" means any operation engaged in the production of agricultural plants inside any structure or space that is enclosed with nonporous covering and that is of sufficient size to permit worker entry. This term includes, but is not limited to, polyhouses, mushroom houses, rhubarb houses, and similar structures. It does not include such structures as malls, atriums, conservatories, arboretums, or office buildings where agricultural plants are present primarily for aesthetic or climatic modification.

"Hand labor" means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with surfaces (such as plants, plant parts, or soil) that may contain pesticide residues. These activities include, but are not limited to, harvesting, detasseling, thinning, weeding, topping, planting, sucker removal, pruning, disbudding, roguing, and packing produce into containers in the field. Hand labor does not include operating, moving, or repairing irrigation or watering equipment or performing the tasks of crop advisors.

"Handler" means any person, including a self-employed person:

Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which WAC ((296-306A-130)) 296-307-130 applies and who is:

Mixing, loading, transferring, or applying pesticides.

Disposing of pesticides or pesticide containers.

Handling opened containers of pesticides.

Acting as a flagger.

Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues.

Assisting with the application of pesticides.

Entering a greenhouse or other enclosed area after the application and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by WAC ((296-306A-12015 (3)(c))) 296-307-12015 (3)(c) or in the labeling has been met:

To operate ventilation equipment.

To adjust or remove coverings used in fumigation.

To monitor air levels.

Entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins.

Performing tasks as a crop advisor:

During any pesticide application.

Before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by WAC ((296-306A-12015)) 296-307-12015 (3)(c) or in the labeling has been met.

During any restricted-entry interval.

The term does not include any person who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been subjected to triple-rinsing or its equivalent.

"Handler employer" means any person who is self-employed as a handler or who employs any handler, for any type of compensation.

"Immediate family" includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters.

"Nursery" means any operation engaged in the outdoor production of any agricultural plant to produce cut flowers and ferns or plants that will be used in their entirety in another location. Such plants include, but are not limited to, flowering and foliage plants or trees; tree seedlings; live Christmas trees; vegetable, fruit, and ornamental transplants; and turfgrass produced for sod.

"Owner" means any person who has a present possessory interest (fee, leasehold, rental, or other) in an agricultural establishment covered by this chapter. A person who has both leased such agricultural establishment to another person and granted that same person the right and full authority to manage and govern the use of such agricultural establishment is not an owner for purposes of this part.

"Restricted-entry interval" means the time after the end of a pesticide application during which entry into the treated area is restricted.

"Substantial economic loss" means a loss in profitability greater than that which would be expected based on the experience and fluctuations of crop yields in previous years. Only losses caused by the agricultural emergency specific to the affected site and geographic area are considered. The contribution of mismanagement cannot be considered in determining the loss.

"Treated area" means any area to which a pesticide is being directed or has been directed.

"Worker" means any person, including a self-employed person, who is employed for any type of compensation and who is performing activities relating to the production of agricultural plants on an agricultural establishment to which WAC ((296-306A-120)) 296-307-120 applies. While persons employed by a commercial pesticide handling establishment are performing tasks as crop advisors, they are not workers covered by the requirements of WAC ((296-306A-120)) 296-307-120.

[Recodified as § 296-307-11005. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-11005, filed 9/30/96, effective 11/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-11010  General duties and prohibited actions--Worker protection standards--40 CFR, § 170.7. (1) General duties. The agricultural employer or the handler employer, as appropriate, shall:

(a) Assure that each worker subject to WAC ((296-306A-120)) 296-307-120 or each handler subject to WAC ((296-306A-130)) 296-307-130 receives the protections required by this part.

(b) Assure that any pesticide to which WAC ((296-306A-130)) 296-307-130 applies is used in a manner consistent with the labeling of the pesticide, including the requirements of this part.

(c) Provide, to each person who supervises any worker or handler, information and directions sufficient to assure that each worker or handler receives the protections required by this part. Such information and directions shall specify which persons are responsible for actions required to comply with this part.

(d) Require each person who supervises any worker or handler to assure compliance by the worker or handler with the provisions of this part and to assure that the worker or handler receives the protections required by this part.

(2) Prohibited actions. The agricultural employer or the handler employer shall not take any retaliatory action for attempts to comply with this part or any action having the effect of preventing or discouraging any worker or handler from complying or attempting to comply with any requirement of this part.

[Recodified as § 296-307-11010. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-11010, filed 9/30/96, effective 11/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-120  Applicability of this section--Standards for workers--40 CFR, § 170.102. Requirement. Except as provided by WAC ((296-306A-12005)) 296-307-12005 and ((296-306A-12010)) 296-307-12010, WAC ((296-306A-120)) 296-307-120 applies when any pesticide product is used on an agricultural establishment in the production of agricultural plants.

[Recodified as § 296-307-120. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-120, filed 9/30/96, effective 11/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-12010  Exemptions--Standards for workers--40 CFR, § 170.104. The workers listed in this section are exempt from the specified provisions of WAC ((296-306A-120)) 296-307-120.

(1) Owners of agricultural establishments.

(a) The owner of an agricultural establishment is not required to provide to himself/herself or members of his/her immediate family who are performing tasks related to the production of agricultural plants on their own agricultural establishment the protections of:

(i) WAC ((296-306A-12020)) 296-307-12020 (3)(e) through (i);

(ii) WAC ((296-306A-12020)) 296-307-12020 (3)(e) through (i); as referenced in WAC ((296-306A-12020)) 296-307-12020 (4)(b)(iii) and (5);

(iii) WAC ((296-306A-12025)) 296-307-12025;

(iv) WAC ((296-306A-12030)) 296-307-12030;

(v) WAC ((296-306A-12040)) 296-307-12040;

(vi) WAC ((296-306A-12045)) 296-307-12045;

(vii) WAC ((296-306A-12050)) 296-307-12050;

(viii) WAC ((296-306A-12055)) 296-307-12055.

(b) The owner of the agricultural establishment must provide the protections listed in (a)(i) through (viii) of this subsection to other workers and other persons who are not members of his/her immediate family.

(2) Crop advisors.

(a) Provided that the conditions of this section are met, a person who is certified or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal lead agency for pesticide enforcement, and persons performing crop advising tasks under such qualified crop advisor's direct supervision, are exempt from the provisions of:

(i) WAC ((296-306A-12050)) 296-307-12050.

(ii) WAC ((296-306A-12055)) 296-307-12055.

A person is under the direct supervision of a crop advisor when the crop advisor exerts the supervisory controls set out in (b)(iii) and (iv) of this subsection. Direct supervision does not require that the crop advisor be physically present at all times, but the crop advisor must be readily accessible to the employees at all times.

(b) Conditions of exemption.

(i) The certification or licensing program requires pesticide safety training that includes, at least, all the information in WAC ((296-306A-13025)) 296-307-13025 (3)(d).

(ii) Applies only when performing crop advising tasks in the treated area.

(iii) The crop advisor must make specific determinations regarding the appropriate PPE, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands.

(iv) Before entering a treated area, the certified or licensed crop advisor must inform, through an established practice of communication, each person under his/her direct supervision of the pesticide product and active ingredient(s) applied, method of application, time of application, the restricted entry interval which tasks to undertake, and how to contact the crop advisor.

[Recodified as § 296-307-12010. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12010, filed 9/30/96, effective 11/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-12015  Restrictions associated with pesticide applications--Standards for workers--40 CFR, § 170.110. (1) Farms and forests. During the application of any pesticide on a farm or in a forest, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the treated area.

(2) Nurseries. In a nursery, during any pesticide application described in column A of Table 1 of this section, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 1 of this section. After the application is completed, until the end of any restricted-entry interval, the entry-restricted area is the treated area.

Table 1.--Entry-Restricted Areas in Nurseries During

Pesticide Applications

(3) Greenhouses.

(a) When a pesticide application described in column A of Table 2 under (d) of this subsection takes place in a greenhouse, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 2 until the time specified in column C of Table 2 has expired.

(b) After the time specified in column C of Table 2 under (d) of this subsection has expired, until the expiration of any restricted-entry interval, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area as specified in column D of Table 2 under (d) of this subsection, except as provided in WAC ((296-306A-12020)) 296-307-12020.

(c) When column C of Table 2 under (d) of this subsection specifies that ventilation criteria must be met, ventilation shall continue until the air concentration is measured to be equal to or less than the inhalation exposure level the labeling requires to be achieved. If no inhalation exposure level is listed on the labeling, ventilation shall continue until after:

(i) Ten air exchanges are completed; or

(ii) Two hours of ventilation using fans or other mechanical ventilating systems; or

(iii) Four hours of ventilation using vents, windows or other passive ventilation; or

(iv) Eleven hours with no ventilation followed by one hour of mechanical ventilation; or

(v) Eleven hours with no ventilation followed by two hours of passive ventilation; or

(vi) Twenty-four hours with no ventilation.

(d) The following Table 2 applies to (a), (b) and (c) of this subsection.

Table 2.--Greenhouse Entry Restrictions Associated With

Pesticide Applications

[Recodified as § 296-307-12015. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12015, filed 9/30/96, effective 11/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-12020  Entry restrictions--Standards for workers--40 CFR, § 170.112. (1) General restrictions.

(a) After the application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide labeling has expired, except as provided in this section.

(b) Entry-restricted areas in greenhouses are specified in column D in Table 2 under WAC ((296-306A-12015)) 296-307-12015 (3)(d).

(c) When two or more pesticides are applied at the same time, the restricted-entry interval shall be the longest of the applicable intervals.

(d) The agricultural employer shall assure that any worker who enters a treated area under a restricted-entry interval as permitted by subsections (3), (4), and (5) of this section uses the personal protective equipment specified in the product labeling for early entry workers and follows any other requirements on the pesticide labeling regarding early entry.

(2) Exception for activities with no contact. A worker may enter a treated area during a restricted-entry interval if the agricultural employer assures that both of the following are met:

(a) The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants; and

(b) No such entry is allowed until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC ((296-306A-12015)) 296-307-12015 (3)(c) or in the labeling have been met.

(3) Exception for short-term activities. A worker may enter a treated area during a restricted-entry interval for short-term activities if the agricultural employer assures that the following requirements are met:

(a) No hand labor activity is performed.

(b) The time in treated areas under a restricted-entry interval for any worker does not exceed one hour in any twenty-four-hour period.

(c) No such entry is allowed for the first four hours following the end of the application, and no such entry is allowed thereafter until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC ((296-306A-12015)) 296-307-12015 (3)(c) or in the labeling have been met.

(d) The personal protective equipment specified on the product labeling for early entry is provided to the worker. Such personal protective equipment shall conform to the following standards:

(i) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

(ii) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities.

(iii) When "chemical-resistant" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use.

(iv) When "waterproof" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use.

(v) When a "chemical-resistant suit" is specified by the product labeling, it shall be a loose-fitting, one-piece or two-piece, chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.

(vi) When "coveralls" are specified by the product labeling, they shall be a loose-fitting, one-piece or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over a layer of clothing. If a chemical-resistant suit is substituted for coveralls, it need not be worn over a layer of clothing.

(vii) Gloves shall be of the type specified by the product labeling. Gloves or glove linings made of leather, cotton, or other absorbent materials must not be worn for early entry activities unless these materials are listed on the product labeling as acceptable for such use. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable for tasks with roses or other plants with sharp thorns, leather gloves may be worn over chemical-resistant liners. However, once leather gloves have been worn for this use, thereafter they shall be worn only with chemical-resistant liners and they shall not be worn for any other use.

(viii) When "chemical-resistant footwear" is specified by the product labeling, it shall be one of the following types of footwear: Chemical-resistant shoes, chemical-resistant boots, or chemical-resistant shoe coverings worn over shoes or boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable for workers, then leather boots may be worn in such terrain.

(ix) When "protective eyewear" is specified by the product labeling, it shall be one of the following types of eyewear: Goggles; face shield; safety glasses with front, brow, and temple protection; or a full-face respirator.

(x) When "chemical-resistant headgear" is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim.

(e) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use.

(f) The agricultural employer shall assure that:

(i) Workers wear the personal protective equipment correctly for its intended purpose and use personal protective equipment according to manufacturer's instructions.

(ii) Before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.

(iii) Personal protective equipment that cannot be cleaned properly is disposed of in accordance with any applicable federal, state, and local regulations.

(iv) All personal protective equipment is cleaned according to manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water.

(v) Before being stored, all clean personal protective equipment is dried thoroughly or is put in a well-ventilated place to dry.

(vi) Personal protective equipment contaminated with pesticides is kept separately and washed separately from any other clothing or laundry.

(vii) Any person who cleans or launders personal protective equipment is informed that such equipment may be contaminated with pesticides, of the potentially harmful effects of exposure to pesticides, and of the correct way(s) to handle and clean personal protective equipment and to protect themselves when handling equipment contaminated with pesticides.

(viii) All clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas.

(ix) Each worker is instructed how to put on, use, and remove the personal protective equipment and is informed about the importance of washing thoroughly after removing personal protective equipment.

(x) Each worker is instructed in the prevention, recognition, and first aid treatment of heat-related illness.

(xi) Workers have a clean place(s) away from pesticide-storage and pesticide-use areas for storing personal clothing not in use; putting on personal protective equipment at the start of any exposure period; and removing personal protective equipment at the end of any exposure period.

(g) When personal protective equipment is required by the labeling of any pesticide for early entry, the agricultural employer shall assure that no worker is allowed or directed to perform the early entry activity without implementing, when appropriate, measures to prevent heat-related illness.

(h) During any early entry activity, the agricultural employer shall provide a decontamination site in accordance with WAC ((296-306A-12050)) 296-307-12050.

(i) The agricultural employer shall not allow or direct any worker to wear home or to take home personal protective equipment contaminated with pesticides.

(4) Declaration of an agricultural emergency.

(a) The director of the Washington state department of agriculture may declare the existence of circumstances causing an agricultural emergency on a particular establishment or establishments.

(b) The director may declare an agricultural emergency based on the reasonably expected certainty of circumstances occurring based on weather or other forecasts that would create conditions that would normally be anticipated to cause an agricultural emergency.

(c) The agricultural employer may determine if the establishment under his/her control is subject to the agricultural emergency declared by the director.

(d) Emergency repair of equipment that is in use and sited within a pesticide treated area under a restricted-entry interval, such as frost protection devices, shall be considered to be an agricultural emergency. The conditions in WAC 16-228-655 shall be met.

(e) Activities that require immediate response such as fire suppression, relocation of greenhouse plants due to power failure, and similar conditions, shall be considered to be agricultural emergencies. The conditions in WAC 16-228-655 shall be met.

(5) Agricultural activities permitted under an agricultural emergency.

(a) A worker may enter a pesticide treated area under a restricted-entry interval in an agricultural emergency to perform tasks, including hand labor tasks, necessary to mitigate the effects of the agricultural emergency if the agricultural employer assures that all the following requirements are met:

(i) No entry is permitted for the first four hours after the pesticide application or the minimum reentry interval allowed by EPA for that product, whichever is less;

(ii) The personal protective equipment specified on the product labeling for early entry is provided to the worker;

(iii) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use;

(iv) The agricultural employer shall assure that the worker wears the proper PPE and that the PPE is in operable condition and that the worker has been trained in its proper use;

(v) The agricultural employer shall assure that measures have been taken, when appropriate, to prevent heat-related illness;

(vi) A decontamination site has been provided in accordance with EPA regulations;

(vii) The agricultural employer shall not allow or direct any worker to wear home or take home personal protective equipment contaminated with pesticides.

(b) If the agricultural emergency is due to equipment failure, then the agricultural employer shall assure that all the requirements in subsection (1) of this section are met plus the following additional requirement. The only permitted activity until the restricted-entry interval has elapsed is equipment repair that would mitigate the effect of the equipment failure.

(6) Recordkeeping required for agricultural emergencies.

(a) If the employer declares that his/her establishment is affected by an agricultural emergency and that activities regulated by the worker protection standard have been performed, the employer shall keep the following records for seven years from the date of the agricultural emergency:

(i) Date of the agricultural emergency;

(ii) Time of the agricultural emergency, start and end;

(iii) Reason for the agricultural emergency, such as frost, fire, equipment failure, etc.;

(iv) Crop/site;

(v) Pesticide(s) - name, EPA number, REI;

(vi) Name, date, time of entry and exit of early entry person(s);

(vii) Estimated potential of economic loss which would have occurred had no early entry been allowed.

(b) Records shall be completed within twenty-four hours of the early entry exposure and be available to the department and/or department of health and/or medical facility or treating physician if requested by the above or the employee.

(7) Exception to entry restrictions requiring EPA approval. EPA may in accordance with 40 CFR, Part 170.112(e) grant an exception from the requirements of this section. A request for an exception must be submitted to the Director, Office of Pesticide Programs (H-7501C), Environmental Protection Agency, 401 "M" Street SW, Washington, DC 20460 and must be accompanied by two copies of the information specified in 40 CFR, Part 170.112(e).

[Recodified as § 296-307-12020. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12020, filed 9/30/96, effective 11/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-12025  Notice of applications--Standards for workers--40 CFR, § 170.120. (1) Notification to workers of pesticide applications in greenhouses. The agricultural employer shall notify workers of any pesticide application in the greenhouse in accordance with this subsection.

(a) All pesticide applications shall be posted in accordance with subsection (3) of this section.

(b) If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall also provide oral notification of the application to the worker in accordance with subsection (4) of this section.

(c) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met:

(i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through the greenhouse; or

(ii) The worker applied (or supervised the application of) the pesticide for which the notice is intended and is aware of all information required by subsection (4)(a) through (c) of this section.

(2) Notification to workers on farms, in nurseries, or in forests of pesticide applications. The agricultural employer shall notify workers of any pesticide application on the farm or in the nursery or forest in accordance with this subsection.

(a) If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall post signs in accordance with subsection (3) of this section and shall provide oral notification of the application to the worker in accordance with subsection (4) of this section.

(b) For any pesticide other than those for which the labeling requires both posting and oral notification of applications, the agricultural employer shall give notice of the application to the worker either by the posting of warning signs in accordance with subsection (3) of this section or orally in accordance with subsection (4) of this section, and shall inform the workers as to which method of notification is in effect.

(c) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met:

(i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through on foot the treated area or any area within one-quarter mile of the treated area; or

(ii) The worker applied (or supervised the application of) the pesticide for which the notice is intended and is aware of all information required by subsection (4)(a) through (c) of this section.

(3) Posted warning signs. The agricultural employer shall post warning signs in accordance with the following criteria:

(a) The warning sign shall have a background color that contrasts with red. The words "danger" and "peligro," plus "pesticides" and "pesticidas," shall be at the top of the sign, and the words "keep out" and "no entre" shall be at the bottom of the sign. Letters for all words must be clearly legible. A circle containing an upraised hand on the left and a stern face on the right must be near the center of the sign. The inside of the circle must be red, except that the hand and a large portion of the face must be in a shade that contrasts with red. The length of the hand must be at least twice the height of the smallest letters. The length of the face must be only slightly smaller than the hand. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the appearance of the sign or change the meaning of the required information. A black and white example of a warning sign meeting these requirements, other than the size requirements, follows:

(b) Mounted wheels 2 inches and smaller in diameter, used in portable operations.

(c) Types 16, 17, 18, 18R, and 19 cones, plugs, and threaded hole pot balls where the work offers protection.

(d) Specially shaped "sickle grinding" wheels mounted in mandrel-type bench or floor stands.

(2) The safety guard must cover the spindle end, nut, and flange projections.

EXCEPTIONS:

(a) When the work provides protection to the operator, the spindle end, nut, and outer flange may be exposed. When the work entirely covers the side of the wheel, the side covers of the guard may be omitted.

(b) The spindle end, nut, and outer flange may be exposed on portable machines designed for, and used with, type 6, 11, 27, and 28 abrasive wheels, cutting off wheels, and tuck pointing wheels.

(c) The spindle end, nut, and outer flange may be exposed on machines designed as portable saws.

(3) The guard must cover the sides and periphery of the wheel.

EXCEPTIONS:

(a) Bench and floor stands;

(i) The maximum permissible angle of exposure is 90. This exposure must begin at a point not more than 65 above the horizontal plane of the wheel spindle.

(ii) Wherever the nature of the work requires contact with the wheel below the horizontal plane of the spindle, the exposure must not exceed 125. This exposure must begin at a point not more than 65 above the horizontal plane of the wheel spindle.

(b) Swing-frame grinders may only be exposed on the bottom half; the top half of the wheel must be enclosed at all times.

(c) Where the work is applied to the top of the wheel, the exposure of the grinding wheel periphery must not exceed 60.

(d) When the work entirely covers the side of the wheel, the side covers of the guard may be omitted.

(4) The safety guard must be mounted to maintain proper alignment with the wheel, and the strength of the fastenings must exceed the strength of the guard.

(5) Take care to see that the safety guard is properly positioned before starting the mounted wheel.

(6) Abrasive wheel machinery guards must meet the design specifications of ANSI B7.1-1970.

(7) Exception: WAC ((296-306A-19006)) 296-307-19006 does not apply to natural sandstone wheels and metal, wooden, cloth, or paper discs, with a layer of abrasive on the surface.

[Recodified as § 296-307-19006. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19006, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-19009  What are the use, mounting, and guarding rules for abrasive wheels? (1) Immediately before mounting, the operator must closely inspect and sound (ring test) all wheels to make sure they are not damaged. Before mounting the wheel, the operator must check the spindle speed of the machine to be certain that it does not exceed the maximum operating speed marked on the wheel.

"Ring test" means to tap the wheel gently with a light nonmetallic implement, such as the handle of a screwdriver for light wheels, or a wooden mallet for heavier wheels.

(2) Grinding wheels must fit freely on the spindle and remain free under all grinding conditions. The wheel hole must be made suitably oversized to ensure that heat and pressure do not create a hazard.

(3) All contact surfaces of wheels, blotters, and flanges must be flat and free of foreign matter.

(4) Bushings used in the wheel hole must not exceed the width of the wheel and must not contact the flanges.

(5) On offhand grinding machines, work rests must be used to support the work. The work rest must be rigid and adjustable to compensate for wheel wear. Work rests must be kept adjusted closely to the wheel with a maximum opening of one-eighth inch to prevent the work from jamming between the wheel and the rest. The work rest must be securely clamped after each adjustment and shall not be adjusted with the wheel in motion.

(6) Goggles or face shields must be used when grinding.

(7) Nonportable grinding machines must be securely mounted on substantial floors, benches, foundations, or other adequate structures.

(8) After mounting, abrasive wheels must be run at operating speed with the safety guard in place and properly adjusted, or in a protected enclosure for at least one minute before applying work. During this time, no one may stand in front of or in line with the wheel.

(9) Grinders or abrasive wheels that vibrate or are out of balance must be repaired before use.

(10) Abrasive wheels not designed for the machine or guard must not be mounted on a grinder.

(11) Side grinding must only be performed with wheels designed for this purpose.

Note: Light grinding on the side of straight wheels is permitted only when very delicate pressure is applied.

(12) Where the operator may stand in front of the opening, safety guards must be adjustable to compensate for wheel wear. The distance between the wheel periphery and the adjustable tongue or the guard above the wheel must not exceed one-quarter inch.

[Recodified as § 296-307-19009. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19009, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-19012  What requirements apply to flanges? (1) Grinding machines must have flanges.

(2) All abrasive wheels must be mounted between flanges that are at least one-third the diameter of the wheel. Regardless of flange type used, the wheel must always be guarded. Blotters must be used according to this section.

(3) Design and material requirements include:

(a) Flanges must be designed to transmit the driving torque from the spindle to the grinding wheel.

(b) Flanges must be made of steel, cast iron, or other material of equal or greater strength and rigidity.

(4) An abrasive wheel that is designed to be held by flanges must not be operated without them. Except for those types requiring flanges of a special design, flanges must be at least one-third the diameter of the wheel.

(5) Facings of compressible material (blotters) must be inserted between the abrasive wheel and flanges to ensure uniform distribution of flange pressure.

(6) All flanges must be maintained in good condition. When the bearing surfaces become damaged, they should be trued or refaced. When refacing or truing, exercise care to make sure that proper relief and rigidity is maintained before starting the wheel.

(((7) Where the operator may stand in front of the opening, safety guards must be adjustable to compensate for wheel wear. The distance between the wheel periphery and the adjustable tongue or the guard above the wheel must not exceed one-quarter inch.))

[Recodified as § 296-307-19012. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-19012, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-20505  What requirements apply to guarding portable powered tools? (1) All portable, power-driven circular saws with a blade diameter greater than 2 inches must have guards above and below the base plate or shoe.

(a) The upper guard must cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts.

(b) The lower guard must cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work.

(c) When the tool is withdrawn from the work, the lower guard must automatically and instantly return to covering position.

(2) Portable belt sanding machines must have guards at each nip point where the sanding belt runs onto a pulley. These guards must prevent the hands or fingers of the operator from coming in contact with the nip points. The unused run of the sanding belt must be guarded against accidental contact.

(3) Portable electric powered tools must meet the electrical requirements of chapter ((296-306A)) 296-307 WAC Part T.

[Recodified as § 296-307-20505. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-20505, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-22012  What rules apply to walk-behind rotary mowers? (1) The horizontal angle of the grass discharge opening(s) in the blade enclosure must not contact the operator area.

(2) There must be one of the following at all grass discharge openings:

(a) A minimum of 3 inches between the end of the discharge chute and the blade tip circle; or

(b) A rigid bar fastened across the discharge opening, secured to prevent removal without the use of tools. The bottom of the bar must be no higher than the bottom edge of the blade enclosure.

(3) The highest point(s) on the blade enclosure front, except discharge-openings, must be a maximum of 1-1/4 inches above the lowest blade position. Mowers with a swingover handle are considered to have no front in the blade enclosure and therefore must comply with WAC ((296-306A-22009)) 296-307-22009(1).

(4) The mower handle must be fastened to the mower to prevent loss of control by unintentional uncoupling while in operation.

(5) Mower handles must be locked in the normal operating position(s) so that they cannot be accidentally disengaged during normal mower operation.

(6) A swingover handle must meet the requirements of this section.

(7) Wheel drive disengaging controls, except deadman controls, must move opposite to the direction of the vehicle motion in order to disengage the drive. Deadman controls may operate in any direction to disengage the drive.

(8) You must ensure that each walk-behind rotary mower has a positive constant-pressure device that requires the operator to hold the device in the "on" position to operate the mower. Using rope or string or other material to tie the constant pressure device in the "on" position is prohibited.

[Recodified as § 296-307-22012. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22012, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-22509  What rules apply to the operation and maintenance of jacks? (1) If the foundation is not firm, you must block the base of the jack. If the cap might slip, you must place a block in between the cap and the load.

(2) The operator must watch the stop indicator, which must be kept clean, in order to determine the limit of travel. The indicated limit must not be overrun.

(3) After the load has been raised, it must immediately be cribbed, blocked, or otherwise secured. Working under a load raised only with jacks is prohibited.

(4) Hydraulic jacks exposed to freezing temperatures must be supplied with an adequate antifreeze liquid.

(5) All jacks must be properly lubricated at regular intervals. The lubricating instructions of the manufacturer should be followed, and only lubricants recommended by the manufacturer should be used.

(6) You must ensure that each jack is thoroughly inspected according to the service conditions and at least:

(a) For constant or intermittent use at one locality, once every 6 months;

(b) For jacks sent out of shop for special work, when sent out and when returned;

(c) For a jack subjected to abnormal load or shock, immediately before and immediately thereafter.

(7) Repair or replacement parts must be examined for possible defects.

(8) Jacks that are out of order must be tagged, and not be used until repaired.

[Recodified as § 296-307-22509. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-22509, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-230  What are the general requirements for materials handling and storage? (1) Safe clearances of three feet must be allowed for aisles, loading docks, doorways, and wherever turns or passage must be made. Passageways must be kept clear and in good repair, with no obstructions.

(2) Bags, bales, boxes, and other containers stored in tiers must be made secure against sliding or collapse.

(3) Storage areas must be kept free from any accumulation of materials that could cause tripping, fire, or explosion.

(4) Employees must be instructed in proper lifting or moving techniques and methods. Mechanical devices or assistance in lifting must be used when moving heavy objects.

(5) When removing material stored in piles, employees must remove material in a manner that maintains the stability of the pile and prevents collapse.

(6) Storage areas must have proper drainage.

(7) You must provide clearance signs to warn of clearance limits.

(8) For powered industrial truck (forklift) requirements, see WAC ((296-306A-520)) 296-307-520.

[Recodified as § 296-307-230. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-230, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-232  What requirements apply to conveyors? Conveyors must be constructed, operated, and maintained according to ANSI B 20.1-1957.

(1) When the return strand of a conveyor operates within seven feet of the floor, there must also be a trough strong enough to carry the weight resulting from a broken chain.

(2) If the strands are over a passageway, a means must be provided to catch and support the ends of the chain in the event of a break.

(3) When the working strand of a conveyor crosses within three feet of the floor level in passageways, a bridge must be provided for employees to cross over the conveyor.

(4) Whenever conveyors pass adjacent to or over working areas or passageways, protective guards must be installed. These guards must be designed to catch and hold any load or materials that may fall off or dislodge and injure an employee.

(5) Employees must be prohibited from walking on the rolls of roller-type conveyors((, except in an emergency)). If employees must walk on roller-type conveyors because of an emergency, the conveyor must be shut off first.

(6) Guards, screens, or barricades that are strong enough to prevent material from falling must be installed on all sides of the shaftway of elevator-type conveyors except at openings where material is loaded or unloaded. Automatic shaftway gates or suitable barriers must be installed at each floor level where material is loaded or unloaded from the platform.

(7) Conveyors must have an emergency stopping device that can be reached from the conveyor. The device must be located near the material entrance to each chopper, mulcher, saw, or similar equipment. The device must be located so that it can stop the conveyor before an employee enters the point of operation of the machine fed by the conveyor.

EXCEPTION: The emergency stopping device is not required where the conveyor leading into the equipment is under constant control of an operator with full view of the material entrance and the conveyor is located where the operator cannot fall onto it.

(8) Where conveyors are over seven feet high, means must be provided to safely permit essential inspection and maintenance operations.

(9) Any part showing signs of significant wear must be inspected carefully and replaced before it creates a hazard.

(10) Replacement parts must be equal to or exceed the manufacturer's specifications.

[Recodified as § 296-307-232. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-232, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-24003  What does this section cover? WAC ((296-306A-240)) 296-307-240 covers sanitation for employees who normally work in fixed, indoor places of agricultural employment.

A "fixed, indoor workplace" is one where the employees perform a majority of their duties at that site.

This does not cover field employees who only occasionally enter a shop or other farm building as part of their normal duties. Field employees are covered by the field sanitation requirements of WAC ((296-306A-095)) 296-307-095.

This section does not cover measures for the control of toxic materials.

[Recodified as § 296-307-24003. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-24003, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-25012  What protection must an employer provide for wall openings and holes? (1) Every wall opening from which there is a drop of more than 4 feet must be guarded by one of the following:

(a) A rail, roller, picket fence, half door, or equivalent barrier.

The guard may be removable but should be hinged or mounted so it can be easily replaced. When employees working below the opening are exposed to falling materials, a removable toeboard or the equivalent must also be provided. When the opening is unused, the guard must be kept in position even with a door on the opening. In addition, a grab handle must be provided on each side of the opening with its center approximately 4 feet above floor level and of standard strength and mounting.

(b) An extension platform onto which materials can be hoisted for handling, and that has side rails or equivalent guards of standard specifications.

(2) Every chute wall opening from which there is a drop of more than 4 feet must be guarded according to subsection (1) of this section or as required by the conditions.

(3) Every window wall opening at a stairway landing, floor, platform, or balcony, from which there is a drop of more than 4 feet, and where the bottom of the opening is less than 3 feet above the platform or landing, must be guarded by standard slats, standard grillwork according to WAC ((296-306A-25042)) 296-307-25042(3), or a standard railing.

Where the window opening is below the landing, or platform, a standard toeboard must be provided.

(4) Every temporary wall opening must have adequate guards that may be of less than standard construction.

(5) Where there is a hazard of materials falling through a wall hole, and the lower edge of the near side of the hole is less than 4 inches above the floor, and the far side of the hole is more than 5 feet above the next lower level, the hole must be protected by a standard toeboard or a solid enclosing screen, or according to WAC ((296-306A-25042)) 296-307-25042(3).

[Recodified as § 296-307-25012. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25012, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-25015  What protection must an employer provide for open-sided floors, platforms, and runways? (1) Every open-sided floor or platform 4 feet or more above an adjacent floor or ground level must be guarded by a standard railing (or the equivalent according to WAC ((296-306A-10003(3))) 296-307-25027) on all open sides, except where there is an entrance to a ramp, stairway, or fixed ladder. The railing must have a toeboard wherever, beneath the open sides:

(a) A person can pass; or

(b) There is moving machinery; or

(c) Materials falling onto equipment would create a hazard.

(2) Every runway must be guarded by a standard railing (or the equivalent according to WAC ((296-306A-25027)) 296-307-25027) on all open sides that are 4 feet or more above floor or ground level. Wherever tools, machine parts, or materials are likely to be used on the runway, a toeboard must also be provided on each exposed side.

Runways used exclusively for special purposes (such as oiling, shafting, or filling tank cars) may have the railing on one side omitted when operating conditions require, if the hazard is minimized by using a runway at least 18 inches wide. Where people entering runways become exposed to machinery, electrical equipment, or hazards other than from falling, additional guarding may be necessary.

(3) Regardless of height, all open-sided floors, walkways, platforms, or runways above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units, or similar hazardous equipment, must be guarded with a standard railing and toeboard.

(4) Tools and loose materials must not be left on overhead platforms and scaffolds.

[Recodified as § 296-307-25015. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-25015, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-26003  What does this section cover? WAC ((296-306A-260)) 296-307-260 covers the safe design and construction of fixed general industrial stairs. Fixed general industrial stairs includes interior and exterior stairs around machinery, tanks, and other equipment, and stairs leading to or from floors, platforms, or pits.

This section does not apply to stairs used for fire exits, to construction operations, to private buildings or residences, or to articulated stairs that are installed on floating roof tanks or on dock facilities, where the angle changes with the rise and fall of the base support.

Stairs of public and private buildings at loading or receiving docks, in maintenance areas, etc., or stairs that are used exclusively by employees, are considered "fixed industrial steps" and must meet these requirements.

[Recodified as § 296-307-26003. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26003, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-26030  What requirements apply to railings and handrails on fixed stairs? Standard railings must be provided on the open sides of all exposed stairways and stair platforms. Handrails must be provided on at least one side of closed stairways, preferably on the right side descending. Stair railings and handrails must be installed according to WAC ((296-360A-250)) 296-307-250.

[Recodified as § 296-307-26030. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26030, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-26033  What requirements apply to alternating tread-type stairs? "Alternating tread-type stairs" means stairs with a series of steps between 50 and 70 degrees from horizontal, attached to a center support rail in an alternating manner so that a user of the stairs never has both feet at the same level at the same time.

(1) Alternating tread-type stairs must be designed, installed, used, and maintained according to the manufacturer's specifications, and must have the following:

(a) Stair rails on all open sides;

(b) Handrails on both sides of enclosed stairs;

(c) Stair rails and handrails that provide an adequate handhold for a user grasping it to avoid a fall;

(d) A minimum of 17 inches between handrails;

(e) A minimum width of 22 inches overall;

(f) A minimum tread depth of 8 inches;

(g) A minimum tread width of 7 inches; and

(h) A maximum rise of 9 1/2 inches to the tread surface of the next alternating tread.

(2) Alternating tread-type stairs must have a maximum 20-foot continuous rise. Where more than a 20-foot rise is necessary to reach the top of a required stair, one or more intermediate platforms must be provided according to WAC ((296-306A-26027)) 296-307-26027.

(3) Stairs and platforms must be installed so the top landing of the alternating tread stair is flush with the top of the landing platform.

(4) Stair design and construction must sustain a load of at least five times the normal live load, and be at least strong enough to carry safely a moving concentrated load of 1,000 pounds.

(5) Treads must have slip-resistant surfaces.

(6) Where a platform or landing is used, the width must be at least as wide as the stair and at least 30-inches deep in the direction of travel. Stairs must be flush with the top of the landing platform.

[Recodified as § 296-307-26033. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-26033, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-27010  What requirements apply to using aerial manlift equipment? (1) The manufacturer's instructional manual, if any, must be used to establish the proper operational sequences and maintenance procedures. If there is no manual, you must develop instructions. The instructions must be available for reference by operators.

(2) The assigned operator must make a daily visual inspection and perform the tests recommended by the manufacturer.

(3) Only employees qualified by training or experience may operate aerial manlifts.

(4) Employees must report defective aerial manlift equipment to you as soon as identified. Using defective equipment is prohibited when the defect may cause an accident.

(5) When moving to and from the job site, the basket of the manlift must be in the low position.

(6) Unsafe practices are prohibited, such as, sitting or standing on the basket edge, standing on material placed across the basket, or working from a ladder set inside the basket.

(7) The basket must not be rested on a fixed object so that the weight of the boom is supported by the basket.

(8) The employee and the aerial manlift equipment must maintain distance from high voltage lines according to WAC ((296-306A-150)) 296-307-150.

[Recodified as § 296-307-27010. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-27010, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28002  What power transmission belts are covered by this section? WAC ((296-306A-280)) 296-307-280 covers all types and shapes of power transmission belts.

EXCEPTION: The following power transmission belts are exempt from WAC ((296-306A-280)) 296-307-280 when operating at 250 feet per minute or less:

(2) Flat belts that are 2" wide or less and are free from metal lacings or fasteners.

(3) Round belts that are 1/2" in diameter or less.

(4) Single strand V-belts that are 13/32" wide or less.

[Recodified as § 296-307-28002. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28002, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28006  What general requirements apply to machine guarding? (1) All power transmission components must be guarded according to the requirements of this section.

(2) You must protect employees from coming into contact with moving machinery parts by:

(a) A guard or shield or guarding by location; or

(b) A guardrail or fence whenever a guard or shield or guarding by location is infeasible.

(3) Strength and design of guards.

(a) Guards must be designed and located to prevent inadvertent contact with the hazard.

(b) Unless otherwise specified, each guard and its supports must be strong enough to withstand the force that a 250 pound person would exert leaning on or falling against the guard.

(c) Guards must be securely fastened to the equipment or building.

(4) ((Shields, guards, and access doors that will prevent accidental contact with rotating machine parts on constant-running drives must be in place when the machine is running.

Exception: This requirement does not apply to combines when guards could create fire hazards.

"Constant-running drives" means drives that continue to rotate when the engine is running and all clutches are disengaged.

(5))) A guard or shield on stationary equipment must be provided at the mesh point or pinch point where the chain or belt contacts the sprocket or pulley.

(((6))) (5) Machines that will throw stock, material, or objects must be covered or provided with a device designed and constructed to minimize this action. (Machines such as rip saws, rotary mowers and beaters, rotary tillers are included in this classification.)

(((7) When the periphery of the blades of a fan is less than 7 feet above the floor or working level, the blades must be guarded. The guard must have openings no larger than 1/2 inch.

(8))) (6) For requirements relating to the control of hazardous energy (lockout-tagout) see WAC ((296-306A-320)) 296-307-320.

[Recodified as § 296-307-28006. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28006, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28014  What requirements apply to prime-mover guards? "Flywheels" include flywheels, balance wheels, and flywheel pulleys mounted and revolving on crankshaft of engine or other shafting.

"Prime movers" include steam, gas, oil, and air engines, motors, steam and hydraulic turbines, and other equipment used as a source of power.

(1) Unless guarded by location, flywheels must be guarded according to the following requirements:

(a) Guard enclosures are made of sheet, perforated, or expanded metal, or woven wire.

(b) Guard rails are between 15 and 20 inches from the rim. When a flywheel extends into a pit or is within 12 inches of the floor, a standard toeboard is provided.

(c) When the upper rim of a flywheel extends through a working floor, it is surrounded by a guardrail and toeboard.

(d) Exception: When a flywheel with a smooth rim 5 feet or less in diameter cannot be guarded by the above methods, you must guard by meeting the following requirements:

On the exposed side, cover the flywheel spokes with a disk that makes a smooth surface and edge, and provides for inspection. You may leave an open space, less than 4 inches wide, between the outside edge of the disk and the rim of the wheel, to turn the wheel over. If you use a disk, keys or other projections left uncovered by the projections shall be cut off or covered.

Note: This exception does not apply to flywheels with solid web centers.

(e) At the flywheel of a gas or oil engine, you may provide an adjustable guard for starting the engine or for running adjustment. A slot opening for a jack bar is permitted.

(f) For flywheels above working areas, you must install guards that are strong enough to hold the weight of the flywheel if the shaft or wheel mounting fails.

(2) Cranks and connecting rods, when exposed to contact, must be guarded according to WAC ((296-306A-28046)) 296-307-28046 and ((296-306A-28048)) 296-307-28048, or by a guardrail according to WAC ((296-306A-28060)) 296-307-28060.

(3) Tail rods or extension piston rods must be guarded according to WAC ((296-306A-28046)) 296-307-28046 and ((296-306A-28048)) 296-307-28048, or by a guardrail on the sides and end, with a clearance of between 15 and 20 inches when rod is fully extended.

[Recodified as § 296-307-28014. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28014, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28016  What requirements apply to guarding shafting? Revolving shafts must be guarded by a standard safeguard unless guarded by location.

(1) All shafting must be secured against excessive end movement.

(2) Guarding horizontal shafting.

(a) Unless guarded by location, all exposed parts of horizontal shafting, must be enclosed in a guard that covers the shafting completely or by a trough that covers the sides and top or sides and bottom of the shafting as location requires.

(b) Shafting under bench machines must be enclosed by a guard that covers the shafting completely or by a trough that covers the sides and top or sides and bottom of the shafting as location requires. The sides of the trough must extend to at least 6 inches from the underside of table. If shafting is near the floor, the trough must extend to at least 6 inches from the floor. In every case, the sides of trough must extend at least 2 inches beyond the shafting or projection.

Exception: Maintenance runways are exempt from this requirement. "Maintenance runway" means any permanent runway or platform used for oiling, maintenance, running adjustment, or repair work, but not for passageway.

(3) Unless guarded by location, vertical and inclined shafting must be enclosed according to WAC ((296-306A-28046)) 296-307-28046 and ((296-306A-28050)) 296-307-28050 through WAC ((296-306A-28060)) 296-307-28060.

Exception: Maintenance runways are exempt from this requirement.

(4) Projecting shaft ends.

(a) Projecting shaft ends must have a smooth edge and end and must not project more than one-half the diameter of the shaft unless guarded by nonrotating caps or safety sleeves.

(b) Unused keyways must be filled up or covered.

[Recodified as § 296-307-28016. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28016, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28018  What requirements apply to guarding pulleys? (1) Unless guarded by location, pulleys must be guarded according to WAC ((296-306A-28046)) 296-307-28046 and ((296-306A-28050)) 296-307-28050 through WAC ((296-306A-28060)) 296-307-28060. Pulleys serving as balance wheels (e.g., punch presses) on which the point of contact between belt and pulley is more than 6 feet 6 inches from the floor or platform may be guarded with a disk covering the spokes.

(2) If the distance to the nearest fixed pulley, clutch, or hanger is equal to or less than the width of the belt, then you must provide a guide to prevent the belt from leaving the pulley on the side where insufficient clearance exists.

(3) Where there are overhanging pulleys on line, jack, or countershafts with no bearing between the pulley and the outer end of the shaft, you should provide a guide to prevent the belt from running off the pulley.

(4) Pulleys with cracks, or pieces broken out of rims are prohibited.

(5) Pulleys must be designed and balanced for the operating speed.

(6) Composition or laminated wood pulleys must not be installed where they are likely to deteriorate.

[Recodified as § 296-307-28018. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28018, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28020  What requirements apply to guarding horizontal belt, rope, and chain drives? "Belts" include all power transmission belts, such as flat belts, round belts, V-belts, etc., unless otherwise specified.

(1) Where both runs of horizontal belts are 7 feet or less from the floor level, the guard must extend to at least 15 inches above the belt or to a standard height. (See Table P-1.)

Exception: Where both runs of a horizontal belt are 42 inches or less from the floor, the belt must be fully enclosed according to WAC ((296-306A-28046)) 296-307-28046 and ((296-306A-28050)) 296-307-28050 through WAC ((296-306A-28060)) 296-307-28060.

(2) In power development rooms, a guardrail may be used instead of the guard.

[Recodified as § 296-307-28020. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28020, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28022  What requirements apply to guarding overhead horizontal belt, rope, and chain drives? (1) Unless guarded by location, overhead horizontal belts must be guarded on the sides and bottom according to WAC ((296-306A-28054)) 296-307-28054.

(2) Unless guarded by location, horizontal overhead belts must be guarded for their entire length when:

(a) Located over passageways or work places and traveling 1,800 feet or more per minute.

(b) The center to center distance between pulleys is 10 feet or more.

(c) The belt is 8 inches wide or more.

(3) Where the upper and lower runs of horizontal belts are located so that employees can pass between them, the passage must be either:

(a) Completely barred according to WAC ((296-306A-28046)) 296-307-28046 and ((296-306A-28050)) 296-307-28050 through WAC ((296-306A-28060)) 296-307-28060; or

(b) In a passage that employees must use, there must be a platform over the lower run guarded on either side by a railing that is completely filled in with wire mesh or other filler, or by a solid barrier. The upper run must be guarded to prevent contact by the employee or by objects carried by the employee.

(4) Overhead chain and link belt drives must be guarded according to the same requirements as overhead horizontal belts.

(5) American or continuous system rope drives located where the condition of the rope (particularly the splice) cannot be constantly and conveniently observed, must have an alarm (preferably electric-bell type) that will warn when the rope begins to fray.

[Recodified as § 296-307-28022. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28022, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28024  What requirements apply to guarding vertical and inclined belts? (1) Vertical and inclined belts must be guarded according to WAC ((296-306A-28044)) 296-307-28044 and ((296-306A-28050)) 296-307-28050 through WAC ((296-306A-28060)) 296-307-28060.

(2) All guards for inclined belts must provide a minimum clearance of 7 feet between belt and floor at any point outside of the guard.

(3) A vertical or inclined belt may be guarded with a nip-point belt and pulley guard, if it is:

(a) 2-1/2 inches wide or less;

(b) Running at a speed of less than one thousand feet per minute; and

(c) Free from metal lacings or fastenings.

"Nip-point belt and pulley guard" means a device that encloses the pulley and has rounded or rolled edge slots through which the belt passes.

(4) Vertical belts running over a lower pulley more than seven feet above floor or platform must be guarded according to the same requirements as horizontal overhead belts, if the belt is:

(a) Located over passageways or work places and traveling 1,800 feet or more per minute;

(b) Eight inches wider or more.

[Recodified as § 296-307-28024. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28024, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28030  What requirements apply to guarding gears, sprockets, and chains? (1) Gears must be guarded by one of the following methods:

(a) A complete enclosure; or

(b) A standard guard according to WAC ((296-306A-28050)) 296-307-28050 through ((296-306A-28060)) 296-307-28060, at least 7 feet high extending 6 inches above the mesh point of the gears; or

(c) A band guard covering the face of gear. The guard must have flanges extended inward beyond the root of the teeth on the exposed side or sides. If a part of the train of gears guarded by a band guard is less than 6 feet from the floor, the gear must be guarded by a disk guard or by a complete enclosure at least 6 feet tall.

(2) Hand-operated gears used only to adjust hand-powered machine parts may be unguarded. However, we recommend guarding these gears.

(3) Unless guarded by location, all sprocket wheels and chains must be enclosed. Where the drive extends over other machine or working areas, you must provide protection against falling parts.

Exception: This section does not apply to manually operated sprockets.

(4) When gears require frequent oiling, you must provide openings with hinged or sliding self-closing covers. All points not readily accessible must have oil feed tubes if lubricant is added while machinery is in motion.

[Recodified as § 296-307-28030. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28030, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28040  What requirements apply to guarding clutches, cutoff couplings, and clutch pulleys? (1) Unless guarded by location, clutches, cutoff couplings, or clutch pulleys with projecting parts must be enclosed by a stationary guard constructed according to WAC ((296-306A-28046)) 296-307-28046. You may use a "U" type guard.

(2) In enginerooms, a guardrail, preferably with toeboard, may be used instead of the guard if the room is only occupied by engineroom attendants.

(3) A bearing support next to a friction clutch or cutoff coupling must have self-lubricating bearings that require infrequent maintenance.

[Recodified as § 296-307-28040. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28040, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28042  What requirements apply to guarding belt shifters, clutches, shippers, poles, perches, and fasteners? "Belt pole" (sometimes called a "belt shipper" or "shipper pole") means a device used in shifting belts on and off fixed pulleys on line or countershaft where there are no loose pulleys.

(1) Tight and loose pulleys must have a permanent belt shifter with a mechanical means to prevent the belt from creeping from loose to tight pulley.

(2) Belt shifter and clutch handles must be rounded. They must be as far as possible from danger of accidental contact, but within easy reach of the operator. Where belt shifters are not directly over a machine or bench, the handles must be cut off 6 feet 6 inches above floor level.

(3) All belt and clutch shifters of the same type in each shop should move in the same direction to stop machines, i.e., either all right or all left.

Exception: This requirement does not apply to a friction clutch on a countershaft carrying two clutch pulleys with open and crossed belts. In this case the shifter handle has three positions and the machine is at a standstill when the clutch handle is in the neutral or center position.

(4) When belt poles must be used as a substitute for mechanical shifters, they must be big enough for employees to grasp them securely. Poles must be smooth and preferably of straight grain hardwood, such as ash or hickory. The edges of rectangular poles should be rounded. Poles should extend from the top of the pulley to within approximately 40 inches of the floor or working platform.

(5) Where loose pulleys or idlers are not practical, belt perches such as brackets, rollers, etc., must be used to keep idle belts away from the shafts. Perches should be substantial and designed for safe belt shifting.

(6) Belts that must be shifted by hand and belts within seven feet of the floor or working platform that are not guarded according to WAC ((296-306A-28046)) 296-307-28046 must not be fastened with metal, nor with any other fastening that creates a hazard.

[Recodified as § 296-307-28042. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28042, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28048  What requirements apply to disk, shield, and U-guards? (1) A disk guard must have a sheet-metal disk of at least No. 22 gauge fastened by U-bolts or rivets to the spokes of pulleys, flywheels, or gears. To prevent contact with sharp edges of the disk, the edge must be rolled or wired. In all cases, the nuts must have locknuts on the unexposed side of the wheel.

(2) A shield guard must have a frame filled in with wire mesh or expanded, perforated, or solid sheet metal.

(3) If the shield area is less than six square feet, the wire mesh or expanded metal may be fastened in a framework of 3/8-inch solid rod, 3/4-inch by 3/4-inch by 1/8-inch angle iron, or a metal construction of equivalent strength. Metal shields may have edges entirely rolled around a 3/8-inch solid iron rod.

(4) A U-guard consisting of a flat surface with edge members must cover the under surface and lower edge of a belt, multiple chain, or rope drive. It must be constructed of materials specified in Table P-1, and must meet the requirements of WAC ((296-306A-28054)) 296-307-28054 through ((296-306A-28058)) 296-307-28058. Edges must be smooth and, if the size of the guard requires, be reinforced by rolling, wiring, or by binding with angle or flat iron.

[Recodified as § 296-307-28048. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28048, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28052  When may wood guards be used? Wood guards may be used where fumes would cause rapid deterioration of metal guards and outdoors where extreme cold or extreme heat make metal guards and railings undesirable.

(1) Wood must be sound, tough, and without loose knots.

(2) Guards must be made of planed lumber not less than 1-inch rough board measure, with rounded edges and corners.

(3) Wood guards must be securely fastened together with wood screws, hardwood dowel pins, bolts, or rivets.

(4) Wood guards must be equal in strength and rigidity to metal guards specified in WAC ((296-306A-28050)) 296-307-28050 and Table P-1.

Note: Requirements for the construction of standard wood railings are in WAC ((296-306A-28060)) 296-307-28060.

[Recodified as § 296-307-28052. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-28052, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-28060  What materials must be used for guardrails and toeboards? (1) A guardrail used to guard power transmission parts must be 42 inches tall, with a midrail between the top rail and the floor.

(2) Posts must be 8 feet apart or less. They must be permanent and substantial, smooth, and free from protruding nails, bolts, and splinters. If made of pipe, the post must be at least 1-1/4 inches inside diameter. If posts are made of metal shapes or bars, the section must be as strong as posts made of 1-1/2 by 1-1/2 by 3/16-inch angle iron. If posts are made of wood, the posts must be at least 2 by 4 inches. The upper rail must be 2 by 4 inches, or two 1 by 4 inch strips, one at the top and one at the side of the posts. The midrail must be at least 1 by 4 inches.

(3) The rails (metal shapes, metal bars, or wood), should be on the side of the posts that gives the best protection and support. Where panels are fitted with expanded metal or wire mesh (as noted in Table 1) the middle rails may be omitted. Where guard is exposed to contact with moving equipment, additional strength may be necessary.

(4) Toeboards must be at least 4 inches tall, of wood, metal, or metal grill of a maximum 1-inch mesh. Toeboards at flywheel pits should be placed as close to edge of the pit as possible.

(a) Exposed live parts on one side and no live or grounded parts on the other side of the working space, or exposed live parts on both sides guarded by suitable wood or other insulating materials. Insulated wire or insulated busbars operating at 300 volts or less are not considered live parts.

(b) Exposed live parts on one side and grounded parts on the other side. Concrete, brick, or tile walls will be considered grounded surfaces.

(c) Exposed live parts on both sides of the workspace (not guarded as in (a)) with the operator between.

(b) All working spaces around electric equipment must be adequately lit. The lighting outlets shall be arranged so that anyone changing lamps or making repairs on the lighting system will not be endangered by live parts or other equipment. The points of control must be located so that no one is likely to come in contact with any live part or moving part of the equipment while turning on the lights.

(c) Unguarded live parts above working space must be elevated to at least the height specified below:

Elevation of Unguarded

Energized Parts Above Working Space

(4) Entrance and access to workspace must meet the following requirements:

(a) At least one entrance that is at least 24 inches wide and 6 feet 6 inches high must be provided to give access to the working space around electric equipment. On switchboard and control panels over 48 inches wide, there must be one entrance at each end of the board where practical. Where bare energized parts at any voltage or insulated energized parts above 600 volts are located adjacent to the entrance, they must be suitably guarded.

(b) Permanent ladders or stairways must be provided to give safe access to the working space around electric equipment installed on platforms, balconies, mezzanine floors, or in attic or roof rooms or spaces.

[Recodified as § 296-307-36230. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-36230, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-36636  How must high voltage systems be grounded? Grounded high voltage (1000 volts or more) systems and circuits must meet all requirements of WAC ((296-306A-366)) 296-307-366 and the additional requirements of this section.

(1) Systems supplying portable or mobile high voltage equipment, other than substations installed on a temporary basis, must meet the following requirements:

(a) Portable and mobile high voltage equipment must be supplied from a system having its neutral grounded through an impedance. If a delta-connected high voltage system is used to supply the equipment, a system neutral must be derived.

(b) Exposed noncurrent-carrying metal parts of portable and mobile equipment must be connected by an equipment grounding conductor to the point at which the system neutral impedance is grounded.

(c) Ground-fault detection and relaying must be provided to automatically deenergize any high voltage system component that has developed a ground fault. The continuity of the equipment grounding conductor must be continuously monitored to deenergize automatically the high voltage feeder to the portable equipment on loss of continuity of the equipment grounding conductor.

(d) The grounding electrode to which the portable or mobile equipment system neutral impedance is connected must be isolated from and separated in the ground by at least 20 feet from any other system or equipment grounding electrode. There must be no direct connection between the grounding electrodes, such as buried pipe, fence, etc.

(2) All noncurrent-carrying metal parts of portable equipment and fixed equipment including their associated fences, housings, enclosures, and supporting structures shall be grounded. However, equipment that is guarded by location and isolated from ground need not be grounded. Additionally, pole-mounted distribution apparatus over 8 feet above ground or grade level need not be grounded.

[Recodified as § 296-307-36636. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-36636, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-36803  Does this section apply to factory-assembled equipment? WAC ((296-306A-368)) 296-307-368 does not apply to conductors that are an integral part of factory-assembled equipment.

[Recodified as § 296-307-36803. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-307-36803, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37203  What does this section cover? WAC ((296-306A-372)) 296-307-372 covers the requirements for electric equipment and wiring in locations that are classified based on the properties of the flammable vapors, liquids or gases, or combustible dusts or fibers that may be present and the likelihood that a flammable combustible concentration or quantity is present. Each room, section, or area must be considered individually to determine its classification.

All requirements in this part apply to hazardous locations, unless otherwise indicated.

[Recodified as § 296-307-37203. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37203, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37209  What equipment, wiring methods, and installations may be used in hazardous locations? Equipment, wiring methods, and installations of equipment in hazardous locations must be intrinsically safe, or approved for the hazardous location, or safe for the hazardous location. Requirements for each of these options are as follows:

(1) Equipment and associated wiring approved as intrinsically safe are permitted in any hazardous location for which it is approved.

(2) Requirements to be approved for the hazardous location:

(a) Equipment must be approved for the class of location and for the ignitable or combustible properties of the specific gas, vapor, dust, or fiber that will be present.

(b) Equipment must be marked to show the class, group, and operating temperature or temperature range, based on operation in a 40 degrees C ambient, for which it is approved. The temperature marking must be a maximum of the ignition temperature of the specific gas or vapor to be encountered. The following provisions apply to specific equipment:

(i) Nonheat-producing equipment, such as junction boxes, conduit, and fittings, and heat-producing equipment with a maximum temperature of 100 degrees C (212 degrees F) need not have a marked operating temperature or temperature range.

(ii) Fixed lighting fixtures marked for use in Class I, Division 2 locations only, need not be marked to indicate the group.

(iii) Fixed general-purpose equipment in Class I locations (other than lighting fixtures) that is acceptable for use in Class I, Division 2 locations need not be marked with the class, group, division, or operating temperature.

(iv) Fixed dust-tight equipment (other than lighting fixtures) that is acceptable for use in Class II, Division 2 and Class III locations need not be marked with the class, group, division, or operating temperature.

(3) Equipment that is safe for the location shall be of a type and design that provides protection from the hazards arising from combustible and flammable vapors, liquids, gases, dusts, or fibers.

Note: Equipment that meets the requirements of The National Electrical Code, NFPA 70, shall be considered in compliance with the requirements of WAC ((296-306A-372)) 296-307-372.

[Recodified as § 296-307-37209. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37209, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37603  What does this section cover? WAC ((296-306A-376)) 296-307-376 applies to work performed on exposed live parts (involving either direct contact or contact by means of tools or materials) or near enough to them for employees to be exposed to any hazard they present.

[Recodified as § 296-307-37603. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37603, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37606  Who may work on energized parts? Only qualified persons may work on electric circuit parts of equipment that have not been deenergized under the procedures of WAC ((296-306A-37807)) 296-307-37807. Qualified persons must be capable of working safely on energized circuits and must be familiar with the proper use of special precautionary techniques, personal protective equipment, insulating and shielding materials, and insulated tools.

[Recodified as § 296-307-37606. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37606, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37612  What requirements apply to qualified persons working near overhead lines? When a qualified person is working near overhead lines, whether in an elevated position or on the ground, the person must not approach, or take any conductive object without an approved insulating handle, closer to exposed energized parts than shown in WAC ((296-306A-150)) 296-307-150 unless:

(1) The person is insulated from the energized part (gloves, with sleeves if necessary, rated for the voltage involved are considered to be insulation of the person from the energized part on which work is performed); or

(2) The energized part is insulated both from all other conductive objects at a different potential and from the person; or

(3) The person is insulated from all conductive objects at a potential different from that of the energized part.

[Recodified as § 296-307-37612. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37612, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37615  What requirements apply to vehicles and mechanical equipment near overhead lines? (1) Any vehicle or mechanical equipment that may have parts of its structure elevated near energized overhead lines must be operated so that a clearance of 10 ft. is maintained. If the voltage is higher than 50kV, the clearance must be increased 0.4 inch for every 1kV over the voltage. The clearance may be reduced only if:

(a) The vehicle is in transit with its structure lowered, the clearance may be reduced to 4 ft. If the voltage is higher than 50kV, the clearance must be increased 0.4 inch for every 1kV over that voltage.

(b) Insulating barriers are installed to prevent contact with the lines, and if the barriers are rated for the voltage of the line being guarded and are not a part of or an attachment to the vehicle or its raised structure, the clearance may be reduced to a distance within the designed working dimensions of the insulating barrier.

(2) If the equipment is an aerial lift insulated for the voltage involved, and if the work is performed by a qualified person, the clearance (between the uninsulated portion of the aerial lift and the power line) may be reduced to the distance given in WAC ((296-306A-150)) 296-307-150.

(3) Employees standing on the ground must not contact the vehicle or mechanical equipment or any of its attachments, unless:

(a) The employee is using protective equipment rated for the voltage; or

(b) The equipment is located so that no uninsulated part of its structure (that portion of the structure that provides a conductive path to employees on the ground) can come closer to the line than permitted in this section.

(4) If any vehicle or mechanical equipment that may have parts of its structure elevated near energized overhead lines is intentionally grounded, employees working on the ground near the point of grounding must not stand at the grounding location whenever there is a possibility of overhead line contact. Additional precautions, such as the use of barricades or insulation, must be taken to protect employees from hazardous ground potentials, depending on earth resistivity and fault currents, which can develop within the first few feet or more outward from the grounding point.

[Recodified as § 296-307-37615. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37615, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37801  What does this section cover? (1) WAC ((296-306A-376)) 296-307-376 and ((296-306A-378)) 296-307-378 cover electrical safety-related work practices for both qualified persons (those who have training in avoiding the electrical hazards of working on or near exposed energized parts) and unqualified persons (those with little or no such training) working on, near, or with the following installations:

(a) Installations of electric conductors and equipment within or on buildings or other structures, and on other premises such as yards, parking, and other lots, and industrial substations;

(b) Installations of conductors that connect to the supply of electricity;

(c) Installations of other outside conductors on the premises; and

(d) Installations of optical fiber cable where such installations are made along with electric conductors.

(2) ((Chapter 306-376 WAC and WAC 296-306A-378)) WAC 296-307-367 and 296-307-378 cover work performed by unqualified persons on, near, or with the installations listed in subsection (3) of this section.

(3) WAC ((296-306A-376)) 296-307-376 and ((296-306A-378)) 296-307-378 do not apply to work performed by qualified persons on or directly associated with the following installations:

(a) Installations for the generation, control, transformation, transmission, and distribution of electric energy (including communication and metering) located in buildings used for such purposes or located outdoors.

Work on or directly associated with generation, transmission, or distribution installations includes:

(i) Work performed directly on installations, such as repairing distribution lines or repairing a feed-water pump for the boiler in a generating plant.

(ii) Work directly associated with installations, such as line-clearance tree trimming and replacing utility poles.

(iii) Work on electric utilization circuits in a generating plant where:

The circuits are combined with installations of power generation equipment or circuits; and

The generation equipment or circuits present greater electrical hazards than those posed by the utilization equipment or circuits (such as exposure to higher voltages or lack of overcurrent protection).

(b) Installations in watercraft, railway rolling stock, aircraft, or automotive vehicles other than mobile homes and recreational vehicles.

(c) Installations of railways for generation, transformation, transmission, or distribution of power used exclusively for operation of rolling stock or installations of railways used exclusively for signaling and communication purposes.

[Recodified as § 296-307-37801. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37801, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37803  How must employees be trained on safety practices? (1) The training requirements in this section apply to employees who face a risk of electrical shock that is not reduced to a safe level by the electrical installation requirements of WAC ((296-306A-362)) 296-307-362 through ((296-306A-374)) 296-307-374.

(2) Training contents must include the following:

(a) Employees must be trained in and familiar with the safety-related work practices required by WAC ((296-306A-376)) 296-307-376 through ((296-306A-378)) 296-307-378 that apply to their job assignments.

(b) Employees who are covered by this section but who are not qualified persons must also be trained in and familiar with any electrically related safety practices that are not covered by this standard, but that are necessary for their safety.

(c) Qualified persons must, at a minimum, be trained in and familiar with the following:

(i) The skills and techniques necessary to distinguish exposed live parts from other parts of electric equipment;

(ii) The skills and techniques necessary to determine the nominal voltage of exposed live parts; and

(iii) The clearance distance specified in WAC ((296-306A-376)) 296-307-376 and the corresponding voltages to which the qualified person will be exposed.

Note 1: For the purposes of WAC ((296-306A-376)) 296-307-376 and ((296-306A-378)) 296-307-378, an employee must have the training required for a qualified person in order to be considered a qualified person.

Note 2: Qualified persons whose work on energized equipment involves either direct contact or contact by means of tools or materials must also have the training needed to meet WAC ((296-306A-376)) 296-307-376.

(3) You must provide either classroom or on-the-job training. The degree of training provided must be determined by the risk to the employee.

[Recodified as § 296-307-37803. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37803, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37807  What work practices must be followed for work on exposed deenergized parts? (1) This section applies to work on exposed deenergized parts or near enough to them to expose the employee to any electrical hazard they present. Conductors and parts of electric equipment that have been deenergized but have not been locked out or tagged must be treated as energized parts, and WAC ((296-306A-376)) 296-307-376 applies to work on or near them.

(2) While any employee is exposed to contact with parts of fixed electric equipment or circuits which have been deenergized, the circuits energizing the parts must be locked out or tagged or both according to the requirements of this section. The requirements must be followed in the order in which they are presented.

"Fixed equipment" means equipment that is fastened or connected by permanent wiring methods.

Note: Lockout and tagging procedures that comply with WAC ((296-306A-320)) 296-307-320 will also be deemed to comply with WAC ((296-306A-37807)) 296-307-37807 through ((296-306A-37817)) 296-307-37817 if:

The procedures address the electrical safety hazards covered by this part; and

The procedures include the requirements of WAC ((296-306A-37813)) 296-307-37813(4) and ((296-306A-37815)) 296-307-37815(2).

[Recodified as § 296-307-37807. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37807, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37809  Must an employer have a written copy of lockout-tagout procedures? The employer must maintain a written copy of the procedures outlined in WAC ((296-306A-37807)) 296-307-37807 through ((296-306A-37817)) 296-307-37817 and must make it available for inspection by us or by employees.

The written procedures may be in the form of a copy of WAC ((296-306A-37807)) 296-307-37807 through ((296-306A-37817)) 296-307-37817.

[Recodified as § 296-307-37809. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37809, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-37825  What safety-related work practices relate to flammable materials? Where flammable materials are present only occasionally, electric equipment capable of igniting them must not be used, unless measures are taken to prevent hazardous conditions from developing.

Such materials include, but are not limited to: flammable gases, vapors, or liquids; combustible dust; and ignitable fibers or flyings.

Note: Electrical installation requirements for locations where flammable materials are present on a regular basis are contained in WAC ((296-306A-372)) 296-307-372.

[Recodified as § 296-307-37825. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-37825, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-38006  What requirements apply to general protective equipment and tools? (1) When working near exposed energized conductors or circuit parts, each employee must use insulated tools or handling equipment if the tools or handling equipment might make contact with such conductors or parts. If the insulating capability of insulated tools or handling equipment is subject to damage, the insulating material must be protected.

(2) Ropes and handlines used near exposed energized parts must be nonconductive.

(3) Protective shields, protective barriers, or insulating materials must be used to protect each employee from shock, burns, or other electrically related injuries while that employee is working near exposed energized parts that might be accidentally contacted or where dangerous electric heating or arcing might occur. When normally enclosed live parts are exposed for maintenance or repair, they must be guarded to protect unqualified persons from contact with the live parts.

(4) Altering techniques must be used to warn and protect employees from hazards that could cause injury due to electric shock, burns, or failure of electric equipment parts.

(5) Safety signs, safety symbols, or accident prevention tags must be used where necessary to warn employees about electrical hazards that may endanger them, as required by WAC ((296-306A-330)) 296-307-330.

[Recodified as § 296-307-38006. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-38006, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-38012  What electrical requirements apply to electrical protective devices? Insulating blankets, matting, covers, line hose, gloves, and sleeves made of rubber must meet the following electrical requirements:

(1) Equipment must be capable of withstanding the a-c proof-test voltage specified in Table 1 or the d-c proof-test voltage specified in Table 2.

(a) The proof-test must reliably indicate that the equipment can withstand the voltage involved.

(b) The test voltage must be applied continuously for three minutes for equipment other than matting and must be applied continuously for one minute for matting.

(c) Gloves must also be capable of withstanding the a-c proof-test voltage specified in Table 1 after a sixteen-hour water soak.

(2) When the a-c proof-test is used on gloves, the 60 hertz proof-test current must not exceed the values specified in Table 1 at any time during the test period.

(a) If the a-c proof-test is made at a frequency other than 60 hertz, the permissible proof-test current must be computed from the direct ratio of the frequencies.

(b) For the test, gloves (right side out) must be filled with tap water and immersed in water to a depth that is in accordance with Table 3. Water must be added to or removed from the glove, as necessary, so that the water level is the same inside and outside the glove.

(c) After the sixteen-hour water soak, the 60 hertz proof-test current may exceed the values given in Table 1 by not more than 2 milliamperes.

(3) Equipment that has been subjected to a minimum breakdown voltage test must not be used for electrical protection.

(4) Material used for Type II insulating equipment must be capable of withstanding an ozone test, with no visible effects. The ozone test must reliably indicate that the material will resist ozone exposure in actual use. Any visible signs of ozone deterioration of the material, such as checking, cracking, breaks, or pitting, is evidence of failure to meet the requirements for ozone-resistant material.

Note: Rubber insulating equipment meeting the following national consensus standards is considered to be in compliance with WAC ((296-306A-38009, 296-306A-38012, and 296-306A-38015)) 296-307-38009, 296-307-38012, and 296-307-38015:

American Society for Testing and Materials (ASTM) D 120-87, Specification for Rubber Insulating Gloves.

ASTM D 178-93, Specification for Rubber Insulating Matting.

ASTM D 1048-93, Specification for Rubber Insulating Blankets.

ASTM D 1049-93, Specification for Rubber Insulating Covers.

ASTM D 1050-90, Specification for Rubber Insulating Line Hose.

ASTM D 1051-87, Specification for Rubber Insulating Sleeves.

These standards contain specifications for conducting the tests required in this section.

[Recodified as § 296-307-38012. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-38012, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-38015  What workmanship and finish requirements apply to electrical protective devices? Insulating blankets, matting, covers, line hose, gloves, and sleeves made of rubber must meet the following workmanship and finish requirements:

(1) Equipment must be free of harmful physical irregularities that can be detected by the tests or inspections required in WAC ((296-306A-38012)) 296-307-38012.

(2) Surface irregularities that may be present on all rubber goods because of imperfections on forms or molds or because of inherent difficulties in the manufacturing process and that may appear as indentations, protuberances, or imbedded foreign material are acceptable if:

(a) The indentation or protuberance blends into a smooth slope when the material is stretched.

(b) Foreign material remains in place when the insulating material is folded and stretches with the insulating material surrounding it.

[Recodified as § 296-307-38015. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-38015, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40001  What does this section cover? WAC ((296-306A-400)) 296-307-400 covers the transportation and application of anhydrous ammonia.

[Recodified as § 296-307-40001. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-40001, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40005  What general requirements apply to the storage and handling of anhydrous ammonia? (1) All employees must use at least gloves and goggles ((and/or)) and may supplement with a face shield while working on or with charged anhydrous ammonia equipment.

(2) You must ensure that equipment is inspected before each day's work. Conditions that would contribute to leaks shall be corrected.

(3) Hose end-valves must be closed when not in use to prevent accidental discharge in case the main valve is opened.

(4) Relief and vapor valves must discharge away from the operator's working position.

[Recodified as § 296-307-40005. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-40005, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40007  What requirements apply to systems mounted on farm wagons (implements of husbandry) for the transportation of ammonia? All anhydrous ammonia containers with a capacity of 3,000 gallons or less and equipment mounted on farm wagons (implements of husbandry) that is used to transport ammonia must meet the requirements of this section.

WAC ((296-306A-40011)) 296-307-40011 through ((296-306A-40037)) 296-307-40037 also apply unless otherwise noted.

(1) Containers must meet the following mounting requirements:

(a) The farm wagon or container has a stop so the container does not dislodge from its mounting when a farm wagon stops suddenly.

(b) The container is anchored to the farm wagon at one or more places on each side of the container.

(c) The weight of containers mounted on four-wheel farm wagons, is distributed evenly over both axles.

(d) When the cradle and the container are not welded together, material between them eliminates metal-to-metal friction.

(2) Container accessories must meet the following requirements:

(a) Each container has a fixed maximum liquid-level gauge.

(b) All containers with more than 250-gallon capacity have a pressure gauge with a dial graduated from 0-400 psi.

(c) The filling connection is fitted with one of the following:

(i) A combination back-pressure check valve and excess-flow valve; or

(ii) One double or two single back-pressure check valves; or

(iii) A positive shut-off valve that has either an internal back-pressure check valve or an internal excess flow valve.

(d) All containers with more than 250-gallon capacity are equipped for spray loading or with an approved vapor return valve.

(e) All vapor and liquid connections have approved excess flow valves or quick-closing internal valves that are only open for operating.

Exception: Safety-relief valves and connections that are specifically exempted by WAC ((296-306A-40019)) 296-307-40019(5) are exempt from this requirement.

(f) Fittings are protected from physical damage by a rigid guard. The guard is designed to withstand force from any direction, equal to twice the weight of the container and lading, at a safety factor of four. If the guard is fully enclosed, the safety-relief valves are properly vented through the guard.

(g) If a liquid withdrawal line is installed in the bottom of a container, the connections and hose are at least as high as the lowest horizontal edge of the farm wagon axle.

(h) Both ends of the hose are secure while in transit.

(3) Each side and the rear end of the container must be marked in letters at least four inches high, with the words "anhydrous ammonia" or, "caution--ammonia," or marked according to DOT regulations.

(4) Farm wagons (implements of husbandry) must meet all state regulations and the following requirements:

(a) All farm wagons must be securely attached to the vehicle drawing them by drawbars with safety chains.

(b) A farm wagon must be constructed so that it will follow the path of the towing vehicle and will prevent the towed wagon from whipping or swerving dangerously from side to side.

(c) All farm wagons must have five gallons or more of readily available clean water.

[Recodified as § 296-307-40007. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-40007, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40009  What requirements apply to systems mounted on farm wagons (implements of husbandry) for the application of ammonia? This section applies to systems mounted on farm equipment that are used for the field application of ammonia.

WAC ((296-306A-40011)) 296-307-40011 through ((296-306A-40037)) 296-307-40037 also apply unless otherwise noted.

(1) All containers must be securely mounted.

(2) Container valves and accessories must meet the following requirements:

(a) Each container has a fixed maximum liquid-level gauge.

(b) The filling connection is fitted with one of the following:

(i) A combination back-pressure check valve and excess-flow valve; or

(ii) One double or two single back-pressure check valves; or

(iii) A positive shut-off valve that has either an internal back-pressure check valve or an internal excess flow valve.

(c) An excess-flow valve is not required in the vapor connection if the controlling orifice is a maximum of 7/16 inch in diameter and the valve is a hand-operated shut-off valve. To assist in filling applicator tanks, you may bleed vapors to the open air, if this requirement is met.

(d) Metering devices may be connected directly to the tank withdrawal valve. You may use a union type connection between the tank valve and metering device. You may use remote mounting of metering devices if the hose meets the requirements of Appendix B. When the applicator tank is trailed and the metering device is remotely mounted, such as on the tractor tool bar, you must use an automatic break-away type, self-closing coupling.

(e) No excess-flow valve is required in the liquid withdrawal line if the controlling orifice between the contents of the container and the outlet of the shut-off valve is a maximum of 7/16 inch in diameter.

[Recodified as § 296-307-40009. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-40009, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40013  What requirements apply to the construction, original test, and requalification of nonrefrigerated containers? The code is the Unfired Pressure Vessel Code of the American Society of Mechanical Engineers (Section VIII of the ASME Boiler Construction Code), 1952, 1956, 1959, 1962, 1965, 1968 and 1971 editions, the joint code of the American Petroleum Institute and the American Society of Mechanical Engineers (API-ASME Code) 1951 edition, and amendments or later editions, as adopted.

(1) Containers used with systems covered in WAC ((296-306A-40005)) 296-307-40005 and ((296-306A-40007)) 296-307-40007 must be constructed and tested according to the code.

Exception: Construction under Table UW-12 at a basic joint efficiency of under 80% is prohibited. Containers built according to code are exempt from paragraphs UG-125 to UG-128, inclusive, and paragraphs UG-132 and UG-133 of the code.

Note: This subsection allows the continued use or reinstallation of containers constructed and maintained according to the 1949, 1950, 1952, 1956, 1959, 1962, 1965 and 1968 editions of the Unfired Pressure Vessel Code of the ASME or any revisions thereof in effect at the time of fabrication.

(2) Containers more than 36 inches in diameter or 250 gallons water capacity must be constructed to meet one or more of the following requirements:

(a) Containers must be stress relieved after fabrication according to the code; or

(b) Cold-formed heads, when used, must be stress relieved; or

(c) Hot-formed heads must be used.

(3) Welding to the shell, head, or any other part of the container subject to internal pressure must be according to the code. Other welding is permitted only on saddle plates, lugs, or brackets attached to the container by the container manufacturer.

[Recodified as § 296-307-40013. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-40013, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40015  How must nonrefrigerated containers and systems (other than DOT containers) be marked? (1) System nameplates, when required, must be permanently attached to the system so they are readily accessible for inspection.

(2) Each container or system covered in WAC ((296-306A-40005)) 296-307-40005 and ((296-306A-40007)) 296-307-40007 must be marked as follows:

(a) With indication that the container or system meets the requirements of the code under which the container is constructed.

(b) With indication on the container and system nameplate when the system is designed for underground installation.

(c) With the name and address of the supplier of the container or the trade name of the container and with the date of fabrication.

(d) With the water capacity of the container in pounds at 60F or gallons, United States standard.

(e) With the design pressure in pounds per square inch gauge.

(f) With the wall thickness of the shell and heads.

(g) With indication of the maximum fill level for liquid anhydrous ammonia between 20F and 100F. Markings must be in increments of not more than 20F.

Exception: Containers with fixed maximum level indicators, such as fixed length dip tubes, or containers that are filled by weight are exempt from this requirement.

(h) With the outside surface area in square feet.

(i) With minimum temperature in Fahrenheit for which the container is designed.

(j) The marking must be on the container itself or on a permanently attached nameplate.

(3) All main operating valves on permanently installed containers with a capacity of over 3,000 water gallons must be identified to show whether the valve is in liquid or vapor service. The valve must be identified as follows:

(a) The word liquid (or liquid valve), vapor (or vapor valve), as appropriate, must be placed on or within twelve inches of the valve by means of a stencil tag or decal.

(b) Liquid valves must be painted orange and vapor valves must be painted yellow. The legend orange-liquid, yellow-vapor must be displayed in one or more conspicuous places at each permanent storage location. The legend must have letters at least two inches high and must be placed against a contrasting background.

[Recodified as § 296-307-40015. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-40015, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40021  What requirements apply to piping, tubing, and fittings? (1) All piping, tubing and fittings must be made of material suitable for anhydrous ammonia service.

(2) All piping, tubing and fittings must be designed for a pressure of at least the maximum pressure to which they may be subjected in service.

(3) All piping must be well supported and allow for expansion and contraction. All refrigeration system piping must conform to the Refrigeration Piping Code (ANSI B31.5 1966 addenda B31.1a-1968), a section of the American Standard Code for Pressure Piping, as it applies to ammonia.

(4) Piping used on nonrefrigerated systems must meet the requirements of ASTM A-53-1969 Grade B Electric Resistance Welded and Electric Flash Welded Pipe. Pipe must be at least Schedule 40 when joints are welded, or welded and flanged. Pipe must be at least Schedule 80 when joints are threaded. Brass, copper, or galvanized steel pipe or tubing is prohibited.

(5) All metal flexible connections for permanent installations must have a minimum working pressure of 250 psig (safety factor of 4). For temporary installations, you may use hose that meets the requirements of WAC ((296-306A-40023)) 296-307-40023.

(6) Cast iron fittings are prohibited. You must use fittings made especially for ammonia service of malleable or nodular iron that meet the requirements of Specification ASTM A47 or ASTM A395.

(7) All piping, tubing, and fittings must allow for expansion, contraction, jarring, vibration, and settling.

(8) You must make adequate provision to protect all exposed piping from physical damage from moving machinery, the presence of automobiles or trucks, or other strain on the piping.

(9) Joint compounds must be resistant to ammonia.

(10) After assembly, all piping and tubing must be tested and proved to be free from leaks at pressure that is at least equal to the normal operating pressure of the system.

[Recodified as § 296-307-40021. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-40021, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40023  What specifications must hoses meet? (1) Hose used in ammonia service and subject to container pressure must meet the requirements of the joint Rubber Manufacturers Association and the Fertilizer Institute "Hose Specifications for Anhydrous Ammonia."

(2) Hose subject to container pressure must be designed for a minimum working pressure of 350 psig and a minimum burst pressure of 1750 psig. Hose assemblies must be able to withstand a test pressure of 500 psig.

(3) Hose and hose connections on the low pressure side of flow control or pressure reducing valves on devices discharging to atmospheric pressure must be designed for the maximum low side working pressure. All connections must be designed, constructed, and installed to prevent leaks when connected.

(4) Where liquid transfer hose is not drained after transfer operations, the hose must have an approved shut-off valve at the discharge end. You must provide a method to prevent excessive hydrostatic pressure in the hose. (See WAC ((296-306A-40025)) 296-307-40025.)

(5) On all hose 1/2-inch outside diameter and larger, used for the transfer of anhydrous ammonia liquid or vapor, you must ensure that the following information is etched, cast, or impressed at five-foot intervals:

Anhydrous Ammonia

xxx psig (Maximum working pressure)

Manufacturer's Name or Trademark

Year of Manufacture

[Recodified as § 296-307-40023. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-40023, filed 10/31/96, effective 12/1/96.]

AMENDATORY SECTION (Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-40025  What requirements apply to safety-relief devices? (1) Every container used in systems covered by WAC ((296-306A-400)) 296-307-400 must have one or more spring-loaded safety-relief valves or the equivalent.

(2) The discharge from safety-relief valves must be vented away from the container, upward, and unobstructed to the atmosphere. All safety-relief valve discharge openings must have suitable raincaps that allow free discharge of the vapor and prevent water from entering. You must provide a method to drain condensate. The rate of discharge must be as follows:

Surface area = total outside surface area of container in square feet. When the surface area is not stamped on the name plate or when the marking is not legible, calculate the area with one of the following formulas:

Hemispherical heads: Area = (Length in feet) X (outside diameter in feet) X 3.1416.