Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-126.

     Title of Rule: Chapter 296-45 WAC, Safety standards for electrical workers; chapter 296-78 WAC, Safety standards for sawmills and woodworking operations; chapter 296-155 WAC, Safety standards for construction work; chapter 296-305 WAC, Safety standards for fire fighters; chapter 296-307 WAC, Safety standards for agriculture; chapter 296-800 WAC, Safety and health core rules.

     Purpose: In Dep't of Labor & Indus. v. Nat'l Sec. Consultants, the Division II Court of Appeals determined that WISHA first-aid rules in chapter 296-800 WAC, Safety and health core rules do not apply to employers with fewer than fifty employees. However, exempting employers with less than fifty employees from the first-aid training requirements would result in the department being less effective than OSHA. RCW 49.17.050(2) requires that WISHA adopt rules that are at-least-as-effective-as OSHA rules. The department plans to repeal the current first-aid rules in the core rules and the agriculture standards and adopt a rule in each that references the OSHA first-aid rule.

     Other Identifying Information:

AMENDED SECTIONS:

WAC 296-45-125 Medical services and first aid, 296-78-540 First-aid training and certification, 296-155-120 First-aid training and certification, and 296-305-01515 First-aid training and certification.

•	The proposal removes a reference to WAC 296-800-150.

WAC 296-307-039 First-aid rule summary.

•	The proposal updates summary of the rule.
•	The proposal adds a note to WAC 296-62-080 Occupational exposure to bloodborne pathogens.

WAC 296-307-03905 Make sure that first-aid trained personnel are available to provide quick and effective first aid.

•	The proposal will delete current wording.
•	The proposal will add language from 29 C.F.R. 1910.151, which will make the rule at-least-as-effective-as the federal equivalent.

WAC 296-800-150 Rule summary.

•	The proposal updates summary of the rule.
•	The proposal adds a note to chapter 296-823 WAC, Occupational exposure to bloodborne pathogens.

WAC 296-800-15005 Make sure that first-aid trained personnel are available to provide quick and effective first aid.

•	The proposal will delete current wording.
•	The proposal will add language from 29 C.F.R. 1910.151, which will make the rule at-least-as-effective-as the federal equivalent.

REPEALED SECTIONS:

WAC 296-307-03910 Make sure first-aid training contains required subjects, 296-307-03915 Document your first-aid training, 296-307-03925 Provide a first-aid station when required, 296-800-15010 Make sure first-aid training contains required subjects, 296-800-15015 Document your first-aid training, and 296-800-15025 Provide a first-aid station when required.

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

     Statute Being Implemented: Chapter 49.17 RCW.

     Summary: The department is repealing the current first-aid rules in chapter 296-800 WAC, Safety and health core rules, and chapter 296-307 WAC, Safety standards for agriculture, and adopt a rule in each that references the OSHA first-aid rule.

     Reasons Supporting Proposal: The department is conducting rule making based upon the Division II Court of Appeals ruling.

     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 state court decision, [Dept. of Labor and Indus., v. Nat'l Sec. Consultants.]

     Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the first-aid rule is to provide guidance to employers on providing first-aid trained personnel. There are no anticipated effects due to rule making.

     Proposal Changes the Following Existing Rules: The current first-aid requirements will be replaced with the federal wording, 29 C.F.R. 1910.151.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the proposal will make the rule at-least-as-effective-as the federal equivalent.

     RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to this rule making, since all the changes will make the rule at-least-as-effective-as the federal equivalent.

     Hearing Location: Department of Labor and Industries, Auditorium, 7273 Linderson Way S.W., Tumwater, WA, on January 28, 2004, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Sally Elliott by January 5, 2004, at (360) 902-5484 or yous235@lni.wa.gov.

     Submit Written Comments to: Cindy Ireland, Administrative Regulations Analyst, WISHA Services, P.O. Box 44620, Olympia, WA 98504-4620, fax (360) 902-5529, by February 4, 2004.

     Date of Intended Adoption: March 1, 2004.

December 22, 2003

Paul Trause

Director

OTS-6804.1

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-45-125   Medical services and first aid.   The employer shall provide medical services and first aid as required in WAC ((296-800-160)) 296-800-150. ((In addition to the requirements of WAC 296-800-160,)) The following requirements also apply:

     (1) Cardiopulmonary resuscitation and first-aid training. When employees are performing work on or associated with exposed lines or equipment energized at 50 volts or more, persons trained in first aid including cardiopulmonary resuscitation (CPR) shall be available as follows:

     (a) For field work involving two or more employees at a work location, at least two trained persons shall be available. However, only one trained person need be available if all new employees are trained in first aid, including CPR, within 3 months of their hiring dates.

     (b) For fixed work locations such as generating stations, the number of trained persons available shall be sufficient to ensure that each employee exposed to electric shock can be reached within 4 minutes by a trained person. However, where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example), all employees at the work location shall be trained.

     (2) First-aid supplies. First-aid supplies required by WAC ((296-800-160)) 296-800-150 shall be placed in weatherproof containers if the supplies could be exposed to the weather.

     (3) First-aid kits. Each first-aid kit shall be maintained, shall be readily available for use, and shall be inspected frequently enough to ensure that expended items are replaced but at least once per year.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-45-125, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, § 296-45-125, filed 3/6/98, effective 5/6/98.]

OTS-6805.1

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-78-540   First-aid training and certification.   The employer must ensure that first-aid trained personnel are available to help employees who are injured or who become acutely ill on the job. The employer must meet this requirement by maintaining first-aid trained staff on the job site. The employer must ensure that:

     (1) Each person in charge of employees has first-aid training; or another person with first-aid training is present or available to the employees. Such training must be successfully completed every two years ((as required in WAC 296-800-150));

     (2) Documentation of first-aid training is kept ((as required in WAC 296-800-150));

     (3) Emergency telephone numbers are adequately posted((;

     (4) First-aid training includes the core elements contained in WAC 296-800-150)).

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-78-540, filed 5/9/01, effective 9/1/01; 00-01-038, § 296-78-540, filed 12/7/99, effective 2/1/00. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), § 296-78-540, filed 8/27/81.]

OTS-6806.1

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-155-120   First-aid training and certification.   This section is designed to assure that all employees in this state are afforded quick and effective first-aid attention in the event of an on the job injury. To achieve this purpose the presence of personnel trained in first-aid procedures at or near those places where employees are working is required. Compliance with the provisions of this section may require the presence of more than one first-aid trained person.

     (1) ((The first-aid training requirements of the safety and health core rules, chapter 296-800 WAC, apply within the scope of chapter 296-155 WAC.

     (2))) Each employer must have available at all worksites, where a crew is present, a person or persons holding a valid first-aid certificate.

     (((3))) (2) All crew leaders, supervisors or persons in direct charge of one or more employees must have a valid first-aid certificate.

     (((4))) (3) For the purposes of this section, a crew means a group of two or more employees working at any worksite.

Note:

The requirement that all crew leaders, supervisors or person in direct charge of one or more employees (subsection (3) of this section) applies even if other first-aid trained person(s) are available. In emergencies, crew leaders will be permitted to work up to thirty days without having the required certificate, providing an employee in the crew or another crew leaders in the immediate work area has the necessary certificate.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-155-120, filed 5/9/01, effective 9/1/01; 00-01-038, § 296-155-120, filed 12/7/99, effective 2/1/00. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-120, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-120, filed 1/21/86; Order 74-26, § 296-155-120, filed 5/7/74, effective 6/6/74.]

OTS-6807.1

AMENDATORY SECTION(Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)

WAC 296-305-01515   First-aid training and certification.   (1) All fire fighters except directors of fire departments and the directors' designated personnel, shall have as a minimum first-aid training as evidenced by a current, valid first-aid card, EMT or First Responder certification.

     (2) New fire fighters shall have such first-aid training within 90 days of the date of their employment or enroll for training in the next available class for which they are eligible.

     (3) ((First-aid training and certification for other employees and directors of fire departments shall conform to the requirements of WAC 296-800-150.

     (4))) Fire service duties include exposure to bloodborne pathogens. The requirements of this section and chapter 296-823 WAC, Occupational exposure to bloodborne pathogens, shall apply.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-09-110, § 296-305-01515, filed 4/22/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-305-01515, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-01515, filed 5/10/96, effective 1/1/97.]

OTS-6808.3

AMENDATORY SECTION(Amending WSR 02-12-098, filed 6/5/02, effective 8/1/02)

WAC 296-307-039   First-aid rule summary.   Your responsibility: Make sure first-aid trained personnel are available to provide quick and effective first aid.

     You must:

     Make sure that first-aid trained personnel are available to provide quick and effective first aid.

     WAC 296-307-03905.

     ((Make sure first-aid training contains required subjects.

     WAC 296-307-03910.

     Keep current and document your first-aid training.

     WAC 296-307-03915.))

     Make sure appropriate first-aid supplies are readily available.

     WAC 296-307-03920.

     ((Provide a first-aid station when required.

     WAC 296-307-03925.))

    

Note:
•	Employers who require their employees to provide first aid must comply with the bloodborne pathogen rule, WAC 296-62-080.
•	Additional requirements relating to first aid are also located in the following sections:

–	WAC 296-307-07013(12), What rules apply to vehicles used to transport employees?

–	WAC 296-307-16175, First-aid requirements for operators of temporary worker housing.

–	WAC 296-307-16380, First-aid requirements for operators of cherry harvest camps.

Definitions:

First aid:

The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit.

Emergency medical service:

Medical treatment and care given at the scene of any medical emergency or while transporting any victim to a medical facility.

     You can get copies of these rules by calling 1-800-4BE SAFE (1-800-423-7233), or by going to http://www.lni.wa.gov.

[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050. 02-12-098, § 296-307-039, filed 6/5/02, effective 8/1/02; 01-17-033, § 296-307-039, filed 8/8/01, effective 9/1/01. 97-09-013, recodified as § 296-307-039, 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-039, filed 10/31/96, effective 12/1/96.]

     - Describes how injured or ill employees will have access to first-aid trained employees.)) You must:

     Comply with the first-aid training requirements of 29 CFR 1910.151(b) which states:

     "In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid."

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-17-033, § 296-307-03905, filed 8/8/01, effective 9/1/01.]

     The following sections of the Washington Administrative Code are repealed:

WAC 296-307-03910	Make sure first-aid training contains required subjects.
WAC 296-307-03915	Document your first-aid training.
WAC 296-307-03925	Provide a first-aid station when required.

OTS-6809.3

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-150   Rule summary.   Your responsibility: Make sure first-aid trained personnel are available to provide quick and effective first aid.

     You must:

     Make sure that first-aid trained personnel are available to provide quick and effective first aid.

     WAC 246-800-15005.

     ((Make sure first-aid training contains required subjects.

     WAC 296-800-15010.

     Keep current and document your first-aid training.

     WAC 296-800-15015))

     Make sure appropriate first-aid supplies are readily available.

     WAC 296-800-15020.

     ((Provide a first-aid station when required.

     WAC 296-800-15025.))

     Make sure emergency washing facilities are functional and readily accessible.

     WAC 296-800-15030.

     Inspect and activate your emergency washing facilities.

     WAC 296-800-15035.

     Make sure supplemental flushing equipment provides sufficient water.

     WAC 296-800-15040.

((Reference)) Note:	• Employers who require their employees to provide first aid must comply with chapter 296-823 WAC, Occupational exposure to bloodborne pathogens.
	• Your workplace may be covered by separate first-aid rules. If you do any of the types of work listed below, you must follow separate industry specific rules:

Industry	Chapter (WAC)
Agriculture	296-307
Compressed air	296-36
Construction	296-155
Fire fighting	296-305
Logging	296-54
Sawmill	296-78
Ship building and repairing	296-304

     You can get copies of these rules by calling 1-800-4BE SAFE (1-800-423-7233), or by going to http://www.lni.wa.gov.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-150, filed 8/1/02, effective 10/1/02; 01-11-038, § 296-800-150, filed 5/9/01, effective 9/1/01.]

     – Describes how injured or ill employees will have access to first-aid trained employees.)) You must:

     Comply with the first-aid training requirements of 29 CFR 1910.151(b) which states:

     "In the absence of an infirmary, clinic, or hospital in near proximity to the workplace, which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid."

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-09-110, § 296-800-15005, filed 4/22/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-15005, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-15005, filed 5/9/01, effective 9/1/01.]

     The following sections of the Washington Administrative Code are repealed:

WAC 296-800-15010	Make sure first-aid training contains required subjects.
WAC 296-800-15015	Document your first-aid training.
WAC 296-800-15025	Provide a first-aid station when required.

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