WSR 05-11-062

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 17, 2005, 10:16 a.m. ]

In accordance with RCW 34.05.230(12), following is a list of the policy and interpretive statements issued by the department for January - May 2005.

If you have any questions or need additional information, please call Carmen Moore at (360) 902-4206.

POLICY AND INTERPRETIVE STATEMENTS


WISHA


WISHA Regional Directive (WRD) 7.05, "Powered Industrial Truck Training in Longshoring & Marine Terminals"

WISHA Regional Directive (WRD) 7.05, "Powered Industrial Truck Training in Longshoring & Marine Terminals," which provides guidance for all WISHA enforcement and consultation activities involving power industrial truck (PIT) operator training in the longshoring and marine terminal industries, has been updated to change WAC references that were no longer valid because of the recently revised power industrial truck standard. This WRD, which will remain in effect indefinitely, replaces the original WRD 7.05, issued December 28, 2000. This policy was issued April 23, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 2.05, "Initiating Inspections"

WISHA Regional Directive (WRD) 2.05, "Initiating Inspections," provides guidance to WISHA enforcement staff initiating inspections for any reason. It supplements the policies found in the WISHA compliance manual and replaces all other instructions on this issue, whether formal or informal; it is substantively identical to the original WRD 2.05, issued on July 30, 2003, which it replaces and rescinds. This policy was issued April 10, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Operations Memorandum (WIM) 98-1-M, "Guarding of Metal Lathes"

WISHA Interim Operations Memorandum (WIM) 98-1-M, "Guarding of Metal Lathes," which provided guidance to WISHA enforcement and consultation staff regarding the identification of and protection against hazards encountered with the guarding of metal lathes, has been rescinded. This issue is now addressed in the new machine safety rule, chapter 296-806 WAC, effective January 1, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 79-30, "WAC 296-24-15001(5) and WAC 296-24-205 - Equipment Guarding in Isolated Locations"

WISHA Regional Directive (WRD) 79-30, "WAC 296-24-15001(5) and 296-24-205 - Equipment Guarding in Isolated Locations," which provided guidance to WISHA enforcement and consultation staff in the appropriate application of rules involving the guarding of fan blades and mechanical power transmission apparatus in isolated locations, has been rescinded. This issue is now addressed in the new machine safety rule, effective January 1, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) "79-54, WAC 296-24-18003(4) Work Rests on Abrasive Wheel Machinery"

WISHA Regional Directive (WRD) 79-54, "WAC 296-24-18003(4)," which provided guidance to WISHA enforcement and consultation staff regarding evaluating the use of work rests on offhand grinding machines, has been rescinded. This issue is now addressed in the new machine safety rule, chapter 296-806 WAC, effective January 1, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) "81-14A, WAC 296-24-15001 (3)(b), Awareness Barriers Installed on Metal Cutting Shears"

WISHA Regional Directive (WRD) 81-14A, "WAC 296-24-15001 (3)(b)[,"] which provided guidance to WISHA enforcement and consultation staff when inspecting awareness barrier safeguards installed on metal cutting shears, has been rescinded. This issue is now addressed in the new machine safety rule, chapter 296-806 WAC, effective January 1, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 83-2, "Refuse Collection and Compaction Equipment as used in Industry"

WISHA Regional Directive (WRD) 83-2, "Refuse Collection and Compaction Equipment as used in Industry," which provided guidance to WISHA enforcement and consultation staff when inspecting industrial refuse collection and compaction equipment, has been rescinded. This issue is now addressed in the new machine safety rule, chapter 296-806 WAC, effective January 1, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Operations Memorandum (WIM) 97-2-I, "Vertical Food Mixers in Bakeries and Other Establishments"

WISHA Interim Operations Memorandum (WIM) 97-2-I, "Vertical Food Mixers in Bakeries and Other Establishments," which provided guidance to WISHA enforcement and consultation staff regarding the appropriate application of point-of-operation guarding standards in relation to vertical food mixers, has been rescinded. This issue is now addressed in the new machine safety rule, chapter 296-806 WAC, effective January 1, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Operations Memorandum 98-1-J, "Certification of Fish Dock Cranes"

WISHA Interim Operations Memorandum 98-1-J, "Certification of Fish Dock Cranes,["] which provided two-blocking devices on limited capacity, shop-built, fish-dock cranes, has been rescinded. The issue is covered in chapter 296-56 WAC, longshore, stevedore and related waterfront operations. This policy was issued March 23, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) "84-11, Fall Protection in General Industry"

WISHA Regional Directive (WRD) ["]84-11, Fall Protection in General Industry," which provided guidance to WISHA enforcement and consultation staff when evaluating the applicability of WAC 296-24-75007 (1) and (3) and 296-24-07501 (1)(a) regarding employees exposed to falling hazards while performing various tasks including maintenance from elevated surfaces, has been rescinded. This issue is addressed in the core rules under WAC 296-800-26010, effective October 1, 2002. This policy was repealed October 1, 2002.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) "91-9A, WAC 296-24-110, the Control of Hazardous Energy (Lockout/Tagout) Inspection Procedures and Interpretive Guidance"

WISHA Regional Directive (WRD) 91-9A, "WAC 296-24-110, the Control of Hazardous Energy (Lockout/Tagout) Inspection Procedures and Interpretive Guidance," which provided guidance to WISHA enforcement and consultation staff in regard to the appropriate application of the lockout/tagout standard, has been rescinded. It has been incorporated in to the new lockout/tagout standard, chapter 296-803 WAC, effective November 1, 2004. This policy was repealed November 1, 2004.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 30.20, "Scaffold and the Fall Protection Work Plan"

WISHA Regional Directive (WRD) 30.20, "Scaffold and the Fall Protection Work Plan," which remains in effect indefinitely, provides guidance to consultation and enforcement staff, regarding the appropriate application of the fall protection work plan requirements in relation to scaffolds. It replaces and rescinds WISHA Interim Operations Memorandum 99-1-E. This policy was issued March 21, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 5.05[,] "Violence in the Workplace"

WISHA Regional Directive (WRD) 5.05, "Violence in the Workplace," which will remain in effect indefinitely, applies whenever WISHA consultation or enforcement staff encounter hazards related to violence in the workplace. This directive provides guidance to WISHA staff in applying existing standards to issues of workplace violence. It does not (and, indeed, cannot) create any obligations for employers not found in existing WAC standards. It replaces the original WRD 5.05, issued September 25, 1997. This policy was issued March 17, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 22.20, "Rental Cranes and Maritime Crane Certification["]

WISHA Regional Directive (WRD) 22.20, "Rental Cranes and Maritime Crane Certification," applies to all WISHA enforcement and consultation activities (as well as to maritime crane certifiers) involved in the certification of cranes and derricks under the requirements of chapters 296-56 and 296-304 WAC. It replaces and rescinds WISHA Interim Operations Memorandum 98-1-K. This new policy was issued February 24, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 27.25, "Operating Dump Trucks in Reverse["]

WISHA Regional Directive (WRD) 27.25, "Operating Dump Trucks in Reverse," which provides guidance to WISHA enforcement and consultation staff initiating inspections on construction sites where dump trucks are operating, was updated to reflect the permanent adoption of the dump truck operating-in-reverse rule. It replaces the original WRD 27.25, issued May 12, 2004. This policy was amended February 23, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 19.05, "Overview of Explosives Inspection Activities["]

WISHA Regional Directive (WRD) 19.05, "Overview of Explosives Inspection Activities," which remains in effect indefinitely, provides guidance to regional managers, safety compliance supervisors and explosives inspectors in the scheduling and conduct of explosives inspections. It replaces and rescinds WISHA Interim Operations Memorandum 98-5-E. This new policy was issued February 18, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 19.15, "Inspection Procedures Unique to Explosives Inspections["]

WISHA Regional Directive (WRD) 19.15, "Inspection Procedures Unique to Explosives Inspections," which remains in effect indefinitely, provides regional managers, safety compliance supervisors and explosives inspectors appropriate guidance regarding inspection procedures unique to enforcement of the Explosives Act. It replaces and rescinds WISHA Interim Operations Memorandum 98-5-F. This new policy was issued February 18, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 19.20, "Explosives Magazine Licensing Inspection Procedures["]

WISHA Regional Directive (WRD) 19.20, "Explosives Magazine Licensing Inspection Procedures," which remains in effect indefinitely, provides guidance to regional managers, safety compliance supervisors and explosives inspectors in the scheduling and conduct of explosives magazine inspections. It replaces and rescinds WISHA Interim Operations Memorandum 98-5-G. This new policy was issued February 18, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 32.35, "Firefighter Station Work Uniforms and Other Clothing["]

WISHA Regional Directive (WRD) 32.35, "Firefighter Station Work Uniforms and Other Clothing," which remains in effect indefinitely, applies to WISHA enforcement and consultation activities involving WAC 296-305-2001 (firefighter PPE & protective clothing). It is substantively identical to WISHA Interim Operations Memorandum (WIOM) 97-2-J, issued on February 28, 1997, which it replaces and rescinds. This new policy was issued April 27, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 21.55, "Boatbuilding Under chapter 296-304 WAC["]

WISHA Regional Directive (WRD) 21.55, "Boatbuilding Under chapter 296-304 WAC," provides guidance to WISHA enforcement and consultation staff, whenever they encounter boatbuilding activities. It will remain in effect until rescinded, and it is intended to remain in effect until at least August 1, 2005. This new policy was issued March 8, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 27.95, "Underground Diesel-Powered Equipment["]

WISHA Regional Directive (WRD) 27.95, "Underground Diesel-Powered Equipment," which will remain in effect indefinitely, applies to all WISHA enforcement and consultation activities involving WAC 296-155-730 (15)(k)(iii) (that provides for application to be made to the "mining/explosives" section of the department "for permission to use specified diesel equipment in a specified underground area."), part of the underground construction standard (Part Q of chapter 296-155 WAC). This new policy was issued March 29, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 29.65, "Fixed Ladders Used in Emergency Situations["]

WISHA Regional Directive (WRD) 29.65, "Fixed Ladders Used in Emergency Situations," which will remain in effect indefinitely, provides guidance to WISHA enforcement staff initiating inspections for any reason (with regard to the requirements of WAC 296-24-810 - fall prevention devices for fixed ladders not applying to those ladders used only as an egress for emergency personnel or escape means for employees in fire or other emergency situations). The policy is substantively identical to the original WRD 83-15, issued November 28, 1983, which it replaces and rescinds. This new policy was issued March 21, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 30.20, "Scaffold and the Fall Protection Work Plan["]

WISHA Regional Directive (WRD) 30.20, "Scaffold and the Fall Protection Work Plan," which remains in effect indefinitely and gives guidance to consultation and enforcement staff, regarding the appropriate application of the fall protection work plan requirements in relation to scaffolds was reissued to clarify Section A under Enforcement and Consultation Protocols. "...WISHA staff must not cite violation of the fall protection work plan..." The phrase "of the fall protection work plan" was added. It replaces the original WRD 30.20 issued March 21, 2005. This policy was amended April 4, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 33.27, "Cholinesterase Depression["]

WISHA Regional Directive (WRD) 33.27, "Cholinesterase Depression," provides guidance to WISHA consultation and enforcement staff regarding follow-up data collection for a reported significant cholinesterase depression under the cholinesterase monitoring rule for agriculture (WAC 296-307-148). It replaces the original WRD 33.27, issued April 19, 2004. This policy was amended July 12, 2004.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Operations Memorandum (WIM) 97-4-D, "Consultation Assessment of Safety and Health Programs["]

WISHA Interim Operations Memorandum (WIM) 97-4-D, "Consultation Assessment of Safety and Health Programs," which provided guidance to WISHA consultation staff regarding the completion of the appropriate forms depending on employer size, has been rescinded. This issue is addressed in the consultation manual issued June 28, 2002. This policy was repealed June 28, 2002.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.

Insurance Services


Employer Services


POLICY 63.70 Revoked Accounts with Current Employees

The department has finalized INTERIM Policy 63.70. This policy provides department staff with guidelines needed when notified that an employer with a revoked certificate of coverage has workers. This policy was amended May 16, 2005.

Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.


POLICY 63.71 Account Open - No Hours Will be Reported

The department has finalized INTERIM Policy 63.71. This policy provides department staff with guidelines needed when an account is opened for a construction contractor but no hours will be reported. This policy was amended May 16, 2005.

Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.


POLICY 64.05 Amended Quarterly Reports - Audit Referrals

This policy was updated for clarity. This policy applies when an account manager receives amended quarterly reports from an employer, if not assigned to a revenue officer in collections. This policy was amended May 16, 2005.

Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.


POLICY 64.61 Creating a Refund

This policy was updated for clarity. The policy provides guidelines for account managers to use when they receive a request from a business for a refund of their industrial insurance premium. This policy was amended May 16, 2005.

Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.


POLICY 64.63 Reviewing Employee Adjustments of Account Balances

This policy was updated for clarity. The policy provides guidelines for reviewing employee adjustments of employer account balances. This policy was amended May 16, 2005.

Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.


POLICY 66.01 Processing "Hot" Claims

This policy was deleted because the content does not meet the definition of a policy. This policy was repealed May 16, 2005.

Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.


POLICY 91.80 Award Notices - Receiving, Processing and Mailing

This policy was deleted because the content is obsolete. This policy was repealed May 16, 2005.

Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.


POLICY 91.81 Request for Release Forms - Receiving, Processing and Mailing

This policy was deleted because the content is obsolete. This policy was repealed May 16, 2005.

Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.

Carmen Moore

Rules Coordinator

Washington State Code Reviser's Office