PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-20-080.
Title of Rule: Chapter 296-829 WAC, Helicopters used as lifting machines; chapter 296-24 WAC, General safety and health standards; and chapter 296-155 WAC, Safety standards for construction workers.
Purpose: The helicopter rules in chapter 296-24 WAC, General safety and health standard; and chapter 296-155 WAC, Safety standards for construction workers, are being rewritten and reorganized for clarity and ease of use for employers and employees. The two sections will become one rule and will be placed into new chapter 296-829 WAC, and repealed from chapters 296-24 and 296-155 WAC. This rule making is part of our clear rule-writing initiative to rewrite for clarity all of the safety and health rules.
NEW SECTIONS:
WAC 296-829-100 Introduction, 296-829-200 Design and installation requirements for helicopters, 296-829-20005 Follow Federal Aviation Administration requirements, 296-829-20010 Install and test hooks correctly, 296-829-300 Maintenance of helicopters, 296-829-30005 Keep landing and deposit areas safe, 296-829-30010 Follow safe refueling procedures, 296-829-400 Operating the helicopter, 296-829-40005 Hold daily briefings, 296-829-40010 Make sure employees are dressed correctly, 296-829-40015 Make sure loads are attached correctly, and 296-829-40020 Make sure the load is handled correctly.
REPEALED SECTIONS:
WAC 296-24-260 Helicopters, 296-155-575 Helicopters and helicopter cranes, and 296-155-576 Figure L-1.
| • | Moved requirements to chapter 296-829 WAC, Helicopters used as lifting machines. |
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 helicopter rules in chapter 296-24 WAC, General safety and health standard; and chapter 296-155 WAC, Safety standards for construction workers, are being rewritten and reorganized for clarity and ease of use for employers and employees. The rules will be placed into new chapter 296-829 WAC, and repealed from chapters 296-24 and 296-155 WAC. This rule making is part of our clear rule-writing initiative to rewrite for clarity all of the safety and health rules. See Purpose above.
Reasons Supporting Proposal: 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 not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 296-829 WAC, Helicopters used as lifting machines, will contain all the rules relating to helicopters. Employers and employees will have one easy to use book for all of the helicopters requirements. There are no anticipated effects to this rule making.
Proposal does not change existing rules. The helicopter rules in chapter 296-24 WAC, General safety and health standards; and chapter 296-155 WAC, Safety standards for construction workers, are being rewritten and reorganized for clarity and ease of use for employers and employees. The proposal does not change the requirements relating to helicopters.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The helicopter rules in chapter 296-24 WAC, General safety and health standard, and chapter 296-155 WAC, Safety standards for construction workers, were rewritten and reorganized for clarity and ease of use for employers and employees without changing its effect. Therefore, a small business economic impact statement is not required per RCW 34.05.310 (4)(d).
RCW 34.05.328 does not apply to this rule adoption. This rule is exempt under RCW 34.05.328 (5)(b) since it only corrects typographical errors and clarifies language without changing its effect. The proposal does not increase requirements.
Hearing Location: Department of Labor and Industries, 7273 Linderson Way S.W., Room S117 and S118, Tumwater, WA, on February 24, 2004, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact (360) 902-5484 or yous235@lni.wa.gov by February 17, 2004.
Submit Written Comments to: Sally Elliott, Administrative Regulations Analyst, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, e-mail yous235@lni.wa.gov, fax (360) 902-5484, by March 4, 2004.
Date of Intended Adoption: April 1, 2004.
December 22, 2003
Paul Trause
Director
OTS-6841.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 296-24-260 | Helicopters. |
OTS-6842.1
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 296-155-575 | Helicopters and helicopter cranes. |
| WAC 296-155-576 | Figure L-1. |
OTS-6813.1
HELICOPTERS USED AS LIFTING MACHINES
| Exemption: | This chapter does not apply to the use of helicopters: |
| • In the logging industry. | |
| • For rescue operations when a winch or hoist is used. |
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Summary:
Your responsibility:
To make sure your helicopters meet design specifications and are equipped properly.
You must:
Follow Federal Aviation Administration (FAA) requirements
Install and test hooks on helicopters correctly
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You must:
• Make sure helicopter cranes and their use meet the applicable requirements of the Federal Aviation Administration (FAA).
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You must:
• Make sure electrically operated cargo hooks are:
– Designed and installed to prevent accidental operation.
– Equipped with an emergency mechanical control to release the load.
• Make sure a competent person tests all hooks before each day's operation to make sure both the electrical and mechanical releases work properly.
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Summary:
Your responsibility:
To keep helicopters in safe operating condition.
You must:
Keep landing and deposit areas safe
Follow safe refueling procedures
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You must:
(1) Make sure precautions are taken to prevent loose objects from being caught in the downwash and flying around.
• Secure or remove all loose gear:
– Within one hundred feet of lift and deposit areas.
– In all other areas affected by rotor downwash.
(2) Make sure employees do not work under hovering craft, except where necessary to hook or unhook loads.
(3) Make sure safe access and exit, including an emergency escape route, is provided for employees who hook or unhook loads.
(4) Prohibit open fires in any area that could be affected by the rotor downwash.
(5) Make sure unauthorized people do not go within fifty feet of the helicopter when the rotor blades are turning.
(6) Make sure all employees:
• Stay in full view of the pilot, in a crouched position, when approaching or leaving a helicopter with rotating blades.
• Stay away from the area behind the cockpit or cabin unless the operator authorizes them to work there.
(7) Take precautions to eliminate reduced visibility.
(8) Make sure ground personnel take special care to stay clear of rotors when visibility is reduced by dust or other conditions.
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You must:
• Make sure refueling areas are safe.
– Post "NO SMOKING" signs at all entrances to the refueling area.
– Provide at least one thirty-pound fire extinguisher, or a combination totaling thirty pounds, good for class A, B, and C fires, within one hundred feet on the upwind side of the refueling operation.
| Reference: | For additional requirements relating to portable fire extinguishers, see WAC 296-800-300 in the safety and health core rules. |
• Make sure workers involved in refueling are trained in both:
– The refueling operation;
AND
– The use of fire extinguishing equipment they may need.
• Make sure the following precautions are taken before and during refueling:
– Keep unauthorized people at least fifty feet away from the refueling operation or equipment.
– Prohibit smoking and open flames within fifty feet of the refueling area or fueling equipment.
– Make sure helicopter engines are shut down before refueling, if using aviation gasoline or jet B type fuel.
– Pump fuel, either by hand or power.
– Use self-closing nozzles or deadman controls:
&sqbul; Do not allow these to be blocked open.
– Make sure nozzles are not dragged along the ground.
– Make sure the helicopter and the fueling equipment are grounded.
– Electrically bond the fueling nozzle to the helicopter:
&sqbul; Do not use conductive hose for this bonding.
– Make sure all grounding and bonding connections are:
&sqbul; Electrically and mechanically firm.
&sqbul; On clean unpainted metal parts.
• Stop fueling immediately if there is a spill:
– Do not continue operation until the person in charge has determined it is safe.
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Summary:
Your responsibility:
To make sure helicopters are operated safely.
You must:
Hold daily briefings
Make sure employees are dressed correctly
Make sure loads are attached correctly
Make sure the load is handled correctly
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You must:
• Make sure the helicopter pilot and ground personnel hold a briefing before each day's operation to discuss cargo-handling plans.
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You must:
• Make sure employees receiving the load:
– Do NOT wear loose-fitting clothes that could snag on the hoist line.
– Wear personal protective equipment (PPE), including complete eye protection and hard hats that are secured by chin straps.
| Reference: | For other requirements relating to PPE, see WAC 296-800-160 in the safety and health core rules. |
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You must:
• Make sure loads are properly slung so tag lines cannot be drawn up into rotors.
• Make sure precautions are taken on all freely suspended loads to keep hand splices from spinning open or cable clamps from loosening, such as using pressed sleeves or swedged eyes.
• Make sure the weight of the load does not exceed the manufacturer's load ratings.
• Make sure hoist wires and other gear are not attached to or allowed to catch on any fixed structure.
| Exemption: | This requirement does not apply to pulling lines or conductors that "pay out" from a container or reel. |
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You must:
• Make sure signal systems, whether radio or hand signals, are checked before hoisting the load:
– When using hand signals, use those shown in Figure 1.
• Make sure workers on the ground do either of the following before touching the suspended load:
– Use a ground device to safely discharge any static charge;
OR
– Put on and wear rubber gloves.
• Make sure there are enough employees for safe loading and unloading operations.
• Make sure constant communications are maintained between the pilot and signal person:
– The signal person must be distinctly recognizable from other ground personnel.
| Place illustration here. |
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Aviation gasoline
Gasoline fuel for reciprocating piston engine helicopters, also known as avgas.
Cargo hook
A device attached to a helicopter that is used to hold suspended loads.
Competent person
One who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
Deadman controls
A control, switch or device that will automatically shut off whenever the operator releases it.
Deposit area
An area that is designated for dropping off and picking up suspended loads.
Downwash
The wind created by the rotating blades of a helicopter.
Ground device
A device used to dissipate the static electricity charge that has built up on a suspended load.
Helicopter crane
A helicopter that carries cargo or equipment suspended underneath it.
Jet A type fuel
A kerosene grade fuel suitable for helicopters with turbing engines.
Jet B type fuel
A blend of gasoline and kerosene fuel.
Powered hoist
A powered device designed to lift and lower equipment and cargo.
Tag line
A line or rope used to control suspended loads that can swing freely.
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Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.