Date of Adoption: March 20, 2001.

Purpose: Chapter 296-32 WAC, Safety standards for telecommunications and chapter 296-45 WAC, Safety standards for electrical workers.

Topic: State-initiated amendments are adopted to comply with the requirements of chapter 239, Laws of 2000 (ESHB 2647), which directed the department to "adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers." Because of an administrative error, amendments proposed on October 18, 2000, to WAC 296-32-240 and 296-45-52530 were not adopted on January 26, 2001, along with the department's permanent flagger amendments to WAC 296-155-305 (WSR 01-04-015). The department refiled the proposed amendments to chapter 296-32 WAC, Safety standards for telecommunications and chapter 296-45 WAC, Safety standards for electrical workers and held public hearings in Tumwater and Spokane. The department is now adopting those permanent flagger amendments to chapters 296-32 and 296-45 WAC.

Listed below are the specific amendments adopted by the department to satisfy the requirements of chapter 239, Laws of 2000. All adopted amendments have been written to comply with the clarity criteria of Executive Order 97-02.

AMENDED SECTIONS:

WAC 296-32-240 Employee protection in public work areas, state-initiated amendments are adopted to:

	Rewrite subsection (1) according to clear rule-writing principles and change "shall" to "must."
	Add requirement in subdivision (a) that traffic control signs, devices, and barriers must be positioned and used according to chapter 296-155 WAC, Part E requirements.
	Add requirement in subdivision (a) that "employers, responsible contractors and/or project owners" must comply with WAC 296-155-305 requirements when flaggers are used.
	Change, in subdivision (b), "at night" to "during hours of darkness" to be consistent with WAC 296-155-305.

WAC 296-45-52530 Employee protection in public work areas, state-initiated amendments are adopted to:

	Rewrite and reorganize the section according to clear rule-writing principles and change "shall" to "must."
	Add the requirement that "employers, responsible contractors and/or project owners" must comply with WAC 296-155-305 requirements when flaggers are used.
	Change "at night" to "during hours of darkness" to be consistent with WAC 296-155-305.

Citation of Existing Rules Affected by this Order: Amending WAC 296-32-240 Employee protection in public work areas and 296-45-52530 Employee protection in public work areas.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050, chapter 239, Laws of 2000 (ESHB 2647), and chapter 34.05 RCW.

Adopted under notice filed as WSR 01-04-091 on February 7, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

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

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

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 20, 2001

Gary Moore

Director

OTS-4350.1

AMENDATORY SECTION(Amending Order 76-38, filed 12/30/76)

WAC 296-32-240   Employee protection in public work areas.   (1)(a) Before work ((is begun)) begins in the vicinity of vehicular or pedestrian traffic ((which)) that may endanger employees, ((warning signs and/or flags or other traffic control devices shall be placed conspicuously to alert and channel approaching traffic. Where further protection is needed, barriers shall be utilized)) traffic control signs, devices, and barriers must be positioned and used according to the requirements of chapter 296-155 WAC, Part E. When flaggers are used, employers, responsible contractors and/or project owners must comply with the requirements of WAC 296-155-305.

(b) ((At night)) During hours of darkness, warning lights ((shall)) must be prominently displayed((,)) and excavated areas ((shall)) must be enclosed with protective barricades.

(2) When work exposes energized or moving parts that are normally protected, danger signs shall be displayed and barricades erected to warn other personnel in the area.

(3) The employer shall insure that an employee finding any crossed or fallen wires which create or may create a hazardous situation at the work area:

(a) Remains on guard or adopts other adequate means to warn other employees of the danger, and

(b) Has the proper authority notified at the earliest practical moment.

[Order 76-38, 296-32-240, filed 12/30/76; Order 75-41, 296-32-240, filed 12/19/75.]

OTS-4351.1

AMENDATORY SECTION(Amending WSR 98-07-009, filed 3/6/98, effective 5/6/98)

WAC 296-45-52530   Employee protection in public work areas.   (1) ((Traffic control signs and traffic control devices used for the protection of employees shall meet the requirements of chapter 296-155 WAC, Part E.

(2) Before work is begun in the vicinity of vehicular or pedestrian traffic that may endanger employees, warning signs or flags and other traffic control devices shall be placed in conspicuous locations to alert and channel approaching traffic.

(3) Where additional employee protection is necessary, barricades shall be used.

(4) Excavated areas shall be protected with barricades.

(5) At night, warning lights shall be prominently displayed.)) (a) Before work begins in the vicinity of vehicular or pedestrian traffic that may endanger employees, traffic control signs, devices, and barriers must be positioned and used according to the requirements of chapter 296-155 WAC, Part E.

(b) When flaggers are used, employers, responsible contractors and/or project owners must comply with the requirements of WAC 296-155-305.

(2) During hours of darkness, warning lights must be prominently displayed.

(3) Excavated areas must be protected with barricades.

[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-52530, filed 3/6/98, effective 5/6/98.]

Washington State Code Reviser's Office