WSR 05-24-083

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 6, 2005, 9:34 a.m. ]

     Subject of Possible Rule Making: Fixed ladders and stairs, chapter 296-24 WAC, Safety standards for general safety and health; chapter 296-155 WAC, Safety standards for construction; and chapter 296-800 WAC, Safety and health core rules. In addition, several reference changes will need to be updated throughout the chapters.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The fixed ladder and stairs rules, in chapters 296-24, 296-155, and 296-800 WAC, are being rewritten and reorganized for clarity and ease of use for employers and employees. The department is repealing the rules in the other chapters and proposing fixed ladders be included with portable ladders, chapter 296-876 WAC, and evaluating whether stairs should be included. This rule making is part of our clear rule-writing initiative to rewrite all the safety and health rules for clarity and ease of use.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies, other than Occupational Safety and Health Administration (OSHA), are known that regulate this subject.

     Process for Developing New Rule: The department must adopt rules identical to or at-least-as-effective-as OSHA rules as required by the OSHA/WISHA state plan agreement. Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cindy Ireland, Project Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, (360) 902-5522, fax (360) 902-5529, e-mail mooc235@lni.wa.gov.

December 6, 2005

Gary Weeks

Director