WSR 04-15-107

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 20, 2004, 9:02 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-09-097 on April 20, 2004.

Title of Rule and Other Identifying Information: Safety standards for agriculture, chapters 296-62 and 296-307 WAC, the Department of Labor and Industries is continuing a long-term effort to provide one book for all the safety and health requirements for agriculture. This one-book requirement results from a 1995 legislative requirement that directed the department to publish all agriculture rules "in one volume." The occupational health requirements in chapter 296-62 WAC are the focus of this effort. Several rules from this chapter were recently rewritten for clarity as part of the agency's plain language initiative. This rule making proposes to also add these rules to the agriculture safety standard chapter 296-307 WAC.

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-16 issue of the Register.

Hearing Location(s): Red Lion Hotel Yakima Center, 607 East Yakima Avenue, Yakima, WA, on October 1, 2004, at 9:30 a.m.; and at Department of Labor and Industries, Auditorium, 7273 Linderson Way S.W., Tumwater, WA, on October 4, 2004, at 1:30 p.m.

Date of Intended Adoption: November 30, 2004.

Submit Written Comments to: Cindy Ireland, Project Manager, Department of Labor and Industries, WISHA Division, P.O. Box 44620, Olympia, WA 98540-4620, fax (360) 902-5529, by October 8, 2004.

Assistance for Persons with Disabilities: Contact Sally Elliott by September 9, 2004, TTY (360) 902-5484 or yous235@lni.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: There are no new requirements in the proposed amendments, although references to other chapters and sections of chapter 296-307 WAC will be updated where needed. Some additional reorganization of requirements will also be done for better navigation of the rule.

Reasons Supporting Proposal: The Department of Labor and Industries is continuing a long-term effort to provide one book for all the safety and health requirements for agriculture. This one-book requirement results from a 1995 legislative requirement that directed the department to publish all agriculture rules "in one volume."

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

Statute Being Implemented: Chapter 49.17 RCW.

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

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

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

No small business economic impact statement has been prepared under chapter 19.85 RCW. A number of criteria and exemptions were established by the small business economic impact statement (SBEIS) analysis. One key criteria that allows rule changes to be exempt from preparation of an SBEIS is presented in RCW 34.05.310 (4)(d): "rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect" are not subject to the SBEIS requirements. Because the proposed rule changes make clarifying and organizational changes for ease of understanding and use, but do not in any way alter the content of the original rules, there should not be an economical impact on Washington state business.

A cost-benefit analysis is not required under RCW 34.05.328. The analysis of the rule reveals that in addition to not imposing new costs on businesses, these revisions will actually make WISHA rules easier for employers and employees to understand and use, and thus actually save them time.

July 20, 2004

Paul Trause

Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-16 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office