Title of Rule and Other Identifying Information: Chapter 296-304 WAC, Safety standards for ship repairing, shipbuilding and shipbreaking.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Occupational Safety and Health Administration (OSHA) promulgated a new fire protection rule for shipyard employment that incorporated by reference, National Fire Protection Association (NFPA) standards. In this proposal, we are replacing the references to those NFPA standards by adding the most recent versions.

     These proposed amendments will enhance DOSH's fire protection in our shipyard standard by adding the most current NFPA consensus standards to our chapter. These changes will benefit the safety of employees by requiring employers to comply with the newer standards, which may be even more protective than the older standards.

     In addition, we are also making some minor housekeeping changes. For example, we are proposing to move a nonmandatory appendix relating to a model fire safety plan into its own section.

     These proposed changes will not result in additional compliance costs.

WAC 296-304-01007 Fire safety plan.

•	In subsection (1), propose to replace "Appendix 1" with "Appendix A."
•	Move the Appendix 1, model fire safety plan, into its own WAC section and call it "Appendix A."

WAC 296-304-01023 Model fire safety plan.

•	Create this new section and move the nonmandatory Appendix 1 to this section.

WAC 296-304-01013 Fire response.

•	In subsection (3)(b), propose to replace "WAC 296-304-09007" with "chapter 296-842 WAC, Respirators."
•	In subsection (5)(c)(v), propose to replace "NFPA 1981-1997" with "NFPA 1981-2002."

WAC 296-304-01017 Land-side fire protection systems.

•	In subsection (2)(a), propose to replace "NFPA 10-1998" with "NFPA 10-2002."
•	In subsection (2)(b), propose to replace "NFPA 10-1998" with "NFPA 10-2002" and "NFPA 14-2000" with "NFPA 14-2003."
•	In subsection (3)(f), propose to replace "NFPA 72-1999" with "NFPA 72-2002."
•	In subsection (4)(a), propose to replace "NFPA 14-2000" with "NFPA 14-2003."
•	In subsection (4)(b), propose to replace "NFPA 13-1999" with "NFPA 13-2002" and "NFPA 750-2000" with "NFPA 750-2003."
•	In subsection (4)(c), propose to replace "NFPA 11-1998 Standard for Low-Expansion Foam" with "NFPA 11-2005 Standard for Low, Medium, and High Expansion Foam Systems."
•	In subsection (4)(e), propose to replace "NFPA 12-2000" with "NFPA 12-2005," "NFPA 12A-1997" with "NFPA 12A-2004," and "NFPA 2001-2000" with "NFPA 2001-2004."

WAC 296-304-020 Confined and enclosed spaces and other dangerous atmospheres in shipyard employment.

•	In the definition of "Coast Guard authorized person" propose to replace "Appendix B" with "Appendix C."

WAC 296-304-02005 Cleaning and other cold work.

•	In the note after subsection (2)(d), propose to replace "Appendix A" with "Appendix B."

WAC 296-304-02007 Hot work.

•	In the note at the end of this section, propose to replace "Appendix A" with "Appendix B."

WAC 296-304-02013 Appendix A -- Compliance assistance guidelines for confined and enclosed spaces and other dangerous atmospheres.

•	Propose to change this Appendix to "Appendix B."

WAC 296-304-02015 Appendix B -- Confined and enclosed spaces and other dangerous atmospheres in shipyard employment.

•	Propose to change this Appendix to "Appendix C."

     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, Washington, (360) 902-5530; Implementation and Enforcement: Stephen M. Cant, Tumwater, Washington, (360) 902-5495.

May 1, 2007

Judy Schurke

Director

OTS-9635.2

AMENDATORY SECTION(Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)

WAC 296-304-01007   Fire safety plan.   (1) Employer responsibilities. The employer must develop and implement a written fire safety plan that covers all the actions that employers and employees must take to ensure employee safety in the event of a fire. (See Appendix ((1)) A to this section for a model fire safety plan.)

     (2) Plan elements. The employer must include the following information in the fire safety plan:

     (a) Identification of the significant fire hazards;

     (b) Procedures for recognizing and reporting unsafe conditions;

     (c) Alarm procedures;

     (d) Procedures for notifying employees of a fire emergency;

     (e) Procedures for notifying fire response organizations of a fire emergency;

     (f) Procedures for evacuation;

     (g) Procedures to account for all employees after an evacuation; and

     (h) Names, job titles, or departments for individuals who can be contacted for further information about the plan.

     (3) Reviewing the plan with employees. The employer must review the plan with each employee at the following times:

     (a) By March 1, 2006, for employees who are currently working;

     (b) Upon initial assignment for new employees; and

     (c) When the actions the employee must take under the plan change because of a change in duties or a change in the plan.

     (4) Additional employer requirements. The employer also must:

     (a) Keep the plan accessible to employees, employee representatives, and WISHA;

     (b) Review and update the plan whenever necessary, but at least annually;

     (c) Document that affected employees have been informed about the plan as required by this subsection; and

     (d) Ensure any outside fire response organization that the employer expects to respond to fires at the employer's worksite has been given a copy of the current plan.

     (5) Contract employers. Contract employers in shipyard employment must have a fire safety plan for their employees, and this plan must comply with the host employer's fire safety plan.

Note:

This appendix is nonmandatory and provides guidance to assist employers in establishing a fire safety plan as required in WAC 296-304-01007.

Table of Contents

1. Purpose.

2. Worksite fire hazards and how to properly control them.

3. Alarm systems and how to report fires.

4. How to evacuate in different emergency situations.

5. Employee awareness.

1. Purpose

The purpose of this fire safety plan is to inform our employees of how we will control and reduce the possibility of fire in the workplace and to specify what equipment employees may use in case of fire.

2. Work site fire hazards and how to properly control them

     (a) Measures to contain fires.

     (b) Teaching selected employees how to use fire protection equipment.

     (c) What to do if you discover a fire.

     (d) Potential ignition sources for fires and how to control them.

     (e) Types of fire protection equipment and systems that can control a fire.

     (f) The level of fire fighting capability present in the facility, vessel, or vessel section.

     (g) Description of the personnel responsible for maintaining equipment, alarms, and systems that are installed to prevent or control fire ignition sources, and to control fuel source hazards.

3. Alarm systems and how to report fires

     (a) A demonstration of alarm procedures, if more than one type exists.

     (b) The worksite emergency alarm system.

     (c) Procedures for reporting fires.

4. How to evacuate in different emergency situations

     (a) Emergency escape procedures and route assignments.

     (b) Procedures to account for all employees after completing an emergency evacuation.

     (c) What type of evacuation is needed and what the employee's role is in carrying out the plan.

     (d) Helping physically impaired employees.

5. Employee awareness

Names, job titles, or departments of individuals who can be contacted for further information about this plan.))

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-03-163, § 296-304-01007, filed 1/24/07, effective 4/1/07; 05-19-086, § 296-304-01007, filed 9/20/05, effective 12/1/05.]

     (a) Decide what type of response will be provided and who will provide it; and

     (b) Create, maintain, and update a written policy that:

     (i) Describes the internal and outside fire response organizations that the employer will use; and

     (ii) Defines what evacuation procedures employees must follow, if the employer chooses to require a total or partial evacuation of the worksite at the time of a fire.

     (2) Required written policy information.

     (a) Internal fire response. If an internal fire response is to be used, the employer must include the following information in the employer's written policy:

     (i) The basic structure of the fire response organization;

     (ii) The number of trained fire response employees;

     (iii) The fire response functions that may need to be carried out;

     (iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each type of fire response at the employer's facility;

     (v) The type, amount, and frequency of training that must be given to fire response employees; and

     (vi) The procedures for using protective clothing and equipment.

     (b) Outside fire response. If an outside fire response organization is used, the employer must include the following information in the written policy:

     (i) The types of fire suppression incidents to which the fire response organization is expected to respond at the employer's facility or worksite;

     (ii) The liaisons between the employer and the outside fire response organizations; and

     (iii) A plan for fire response functions that:

     (A) Addresses procedures for obtaining assistance from the outside fire response organization;

     (B) Familiarizes the outside fire response organization with the layout of the employer's facility or worksite, including access routes to controlled areas, and site-specific operations, occupancies, vessels or vessel sections, and hazards; and

     (C) Sets forth how hose and coupling connection threads are to be made compatible and includes where the adapter couplings are kept; or

     (D) States that the employer will not allow the use of incompatible hose connections.

     (c) A combination of internal and outside fire response. If a combination of internal and outside fire response is to be used, the employer must include the following information, in addition to the requirements in (a) and (b) of this subsection, in the written policy:

     (i) The basic organizational structure of the combined fire response;

     (ii) The number of combined trained fire responders;

     (iii) The fire response functions that may need to be carried out;

     (iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each particular type of fire response at the worksite; and

     (v) The type, amount, and frequency of joint training with outside fire response organizations if given to fire response employees.

     (d) Employee evacuation. The employer must include the following information in the employer's written policy:

     (i) Emergency escape procedures;

     (ii) Procedures to be followed by employees who may remain longer at the worksite to perform critical shipyard employment operations during the evacuation;

     (iii) Procedures to account for all employees after emergency evacuation is completed;

     (iv) The preferred means of reporting fires and other emergencies; and

     (v) Names or job titles of the employees or departments to be contacted for further information or explanation of duties.

     (e) Rescue and emergency response. The employer must include the following information in the employer's written policy:

     (i) A description of the emergency rescue procedures; and

     (ii) Names or job titles of the employees who are assigned to perform them.

     (3) Medical requirements for shipyard fire response employees. The employer must ensure that:

     (a) All fire response employees receive medical examinations to assure that they are physically and medically fit for the duties they are expected to perform;

     (b) Fire response employees, who are required to wear respirators in performing their duties, meet the medical requirements of ((WAC 296-304-09007)) chapter 296-842 WAC, Respirators;

     (c) Each fire response employee has an annual medical examination; and

     (d) The medical records of fire response employees are kept in accordance with chapter 296-802 WAC, Employee medical and exposure records.

     (4) Organization of internal fire response functions. The employer must:

     (a) Organize fire response functions to ensure enough resources to conduct emergency operations safely;

     (b) Establish lines of authority and assign responsibilities to ensure that the components of the internal fire response are accomplished;

     (c) Set up an incident management system to coordinate and direct fire response functions, including:

     (i) Specific fire emergency responsibilities;

     (ii) Accountability for all fire response employees participating in an emergency operation; and

     (iii) Resources offered by outside organizations; and

     (d) Provide the information required in this subsection to the outside fire response organization to be used.

     (5) Personal protective clothing and equipment for fire response employees.

     (a) General requirements. The employer must:

     (i) Supply to all fire response employees, at no cost, the appropriate personal protective clothing and equipment they may need to perform expected duties; and

     (ii) Ensure that fire response employees wear the appropriate personal protective clothing and use the equipment, when necessary, to protect them from hazardous exposures.

     (b) Thermal stability and flame resistance. The employer must:

     (i) Ensure that each fire response employee exposed to the hazards of flame does not wear clothing that could increase the extent of injury that could be sustained; and

     (ii) Prohibit wearing clothing made from acetate, nylon, or polyester, either alone or in blends, unless it can be shown that:

     (A) The fabric will withstand the flammability hazard that may be encountered; or

     (B) The clothing will be worn in such a way to eliminate the flammability hazard that may be encountered.

     (c) Respiratory protection. The employer must:

     (i) Provide self-contained breathing apparatus (SCBA) to all fire response employees involved in an emergency operation in an atmosphere that is immediately dangerous to life or health (IDLH), potentially IDLH, or unknown;

     (ii) Provide SCBA to fire response employees performing emergency operations during hazardous chemical emergencies that will expose them to known hazardous chemicals in vapor form or to unknown chemicals;

     (iii) Provide fire response employees who perform or support emergency operations that will expose them to hazardous chemicals in liquid form either:

     (A) SCBA; or

     (B) Respiratory protective devices certified by the National Institute for Occupational Safety and Health (NIOSH) under 42 CFR Part 84 as suitable for the specific chemical environment;

     (iv) Ensure that additional outside air supplies used in conjunction with SCBA result in positive pressure systems that are certified by NIOSH under 42 CFR Part 84;

     (v) Provide only SCBA that meet the requirements of NFPA 1981-((1997)) 2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for the Fire Service (incorporated by reference, see WAC 296-304-01003); and

     (vi) Ensure that the respiratory protection program and all respiratory protection equipment comply with chapter 296-842 WAC, Respiratory protection.

     (d) Interior structural firefighting operations. The employer must:

     (i) Supply at no cost to all fire response employees exposed to the hazards of shipyard fire response, a helmet, gloves, footwear, and protective hoods, and either a protective coat and trousers or a protective coverall; and

     (ii) Ensure that this equipment meets the applicable recommendations in NFPA 1971-2000 Standard on Protective Ensemble for Structural Fire Fighting (incorporated by reference, see WAC 296-304-01003).

     (e) Proximity fire fighting operations. The employer must provide, at no cost, to all fire response employees who are exposed to the hazards of proximity fire fighting, appropriate protective proximity clothing that meets the applicable recommendations in NFPA 1976-2000 Standard on Protective Ensemble for Proximity Fire Fighting (incorporated by reference, see WAC 296-304-01003).

     (f) Personal alert safety system (PASS) devices. The employer must:

     (i) Provide each fire response employee involved in fire fighting operations with a PASS device; and

     (ii) Ensure that each PASS device meets the recommendations in NFPA 1982-1998 Standard on Personal Alert Safety Systems (PASS) (incorporated by reference, see WAC 296-304-01003).

     (g) Life safety ropes, body harnesses, and hardware. The employer must ensure that:

     (i) All life safety ropes, body harnesses, and hardware used by fire response employees for emergency operations meet the applicable recommendations in NFPA 1983-2001, Standard on Fire Service Life Safety Rope and System Components (incorporated by reference, see WAC 296-304-01003);

     (ii) Fire response employees use only Class I body harnesses to attach to ladders and aerial devices; and

     (iii) Fire response employees use only Class II and Class III body harnesses for fall arrest and rappelling operations.

     (6) Equipment maintenance.

     (a) Personal protective equipment. The employer must inspect and maintain personal protective equipment used to protect fire response employees to ensure that it provides the intended protection.

     (b) Fire response equipment. The employer must:

     (i) Keep fire response equipment in a state of readiness;

     (ii) Standardize all fire hose coupling and connection threads throughout the facility and on vessels and vessel sections by providing the same type of hose coupling and connection threads for hoses of the same or similar diameter; and

     (iii) Ensure that either all fire hoses and coupling connection threads are the same within a facility or vessel or vessel section as those used by the outside fire response organization, or supply suitable adapter couplings if such an organization is expected to use the fire response equipment within a facility or vessel or vessel section.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-19-086, § 296-304-01013, filed 9/20/05, effective 12/1/05.]

     (2) Portable fire extinguishers and hose systems.

     (a) The employer must select, install, inspect, maintain, and test all portable fire extinguishers according to NFPA 10-((1998)) 2002 Standard for Portable Fire Extinguishers (incorporated by reference, see WAC 296-304-01003).

     (b) The employer is permitted to use Class II or Class III hose systems, in accordance with NFPA 10-((1998)) 2002, as portable fire extinguishers if the employer selects, installs, inspects, maintains, and tests those systems according to the specific recommendations in NFPA 14-((2000)) 2003 Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems (incorporated by reference, see WAC 296-304-01003).

     (3) General requirements for fixed extinguishing systems. The employer must:

     (a) Ensure that any fixed extinguishing system component or extinguishing agent is approved by an OSHA nationally recognized testing laboratory for use on the specific hazards the employer expects it to control or extinguish;

     (b) Notify employees and take the necessary precautions to ensure employees are safe from fire if for any reason a fire extinguishing system stops working, until the system is working again;

     (c) Ensure all repairs to fire extinguishing systems and equipment are done by a qualified technician or mechanic;

     (d) Provide and ensure employees use proper personal protective equipment when entering discharge areas in which the atmosphere remains hazardous to employee safety or health, or provide safeguards to prevent employees from entering those areas. See WAC 296-304-02003 for additional requirements applicable to safe entry into spaces containing dangerous atmospheres;

     (e) Post hazard warning or caution signs at both the entrance to and inside of areas protected by fixed extinguishing systems that use extinguishing agents in concentrations known to be hazardous to employee safety or health; and

     (f) Select, install, inspect, maintain, and test all automatic fire detection systems and emergency alarms according to NFPA 72-((1999)) 2002 National Fire Alarm Code (incorporated by reference, see WAC 296-304-01003).

     (4) Fixed extinguishing systems. The employer must select, install, maintain, inspect, and test all fixed systems required by WISHA as follows:

     (a) Standpipe and hose systems according to NFPA 14-((2000)) 2003 Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems (incorporated by reference, see WAC 296-304-01003);

     (b) Automatic sprinkler systems according to NFPA 25-2002 Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems, and either NFPA 13-((1999)) 2002 Standard for the Installation of Sprinkler Systems or NFPA 750-((2000)) 2003 Standard on Water Mist Fire Protection Systems (incorporated by reference, see WAC 296-304-01003);

     (c) Fixed extinguishing systems that use water or foam as the extinguishing agent according to NFPA 15-2001 Standard for Water Spray Fixed Systems for Fire Protection; NFPA 11-((1998)) 2005 Standard for Low, Medium, and High-Expansion Foam Systems; ((and NFPA 11A-1999 Standard for Medium- and High-Expansion Foam Systems)) (incorporated by reference, see WAC 296-304-01003);

     (d) Fixed extinguishing systems using dry chemical as the extinguishing agent according to NFPA 17-2002 Standard for Dry Chemical Extinguishing Systems (incorporated by reference, see WAC 296-304-01003); and

     (e) Fixed extinguishing systems using gas as the extinguishing agent according to NFPA 12-((2000)) 2005 Standard on Carbon Dioxide Extinguishing Systems; NFPA 12A-((1997)) 2004 Standard on Halon 1301 Fire Extinguishing Systems; and NFPA 2001-((2000)) 2004 Standard on Clean Agent Fire Extinguishing Systems (incorporated by reference, see WAC 296-304-01003).

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-19-086, § 296-304-01017, filed 9/20/05, effective 12/1/05.]

Note:

This appendix is nonmandatory and provides guidance to assist employers in establishing a fire safety plan as required in WAC 296-304-01007.

Table of Contents

1. Purpose.

2. Worksite fire hazards and how to properly control them.

3. Alarm systems and how to report fires.

4. How to evacuate in different emergency situations.

5. Employee awareness.

1. Purpose

The purpose of this fire safety plan is to inform our employees of how we will control and reduce the possibility of fire in the workplace and to specify what equipment employees may use in case of fire.

2. Work site fire hazards and how to properly control them

     (a) Measures to contain fires.

     (b) Teaching selected employees how to use fire protection equipment.

     (c) What to do if you discover a fire.

     (d) Potential ignition sources for fires and how to control them.

     (e) Types of fire protection equipment and systems that can control a fire.

     (f) The level of fire fighting capability present in the facility, vessel, or vessel section.

     (g) Description of the personnel responsible for maintaining equipment, alarms, and systems that are installed to prevent or control fire ignition sources, and to control fuel source hazards.

3. Alarm systems and how to report fires

     (a) A demonstration of alarm procedures, if more than one type exists.

     (b) The worksite emergency alarm system.

     (c) Procedures for reporting fires.

4. How to evacuate in different emergency situations

     (a) Emergency escape procedures and route assignments.

     (b) Procedures to account for all employees after completing an emergency evacuation.

     (c) What type of evacuation is needed and what the employee's role is in carrying out the plan.

     (d) Helping physically impaired employees.

5. Employee awareness

Names, job titles, or departments of individuals who can be contacted for further information about this plan.

[]

     (1) Scope and application. This section applies to work in confined and enclosed spaces and other dangerous atmospheres in shipyard employment, including vessels, vessel sections, and on land-side operations regardless of geographic location.

     (2) Definitions applicable to this section:

     Adjacent spaces means those spaces bordering a subject space in all directions, including all points of contact, corners, diagonals, decks, tank tops, and bulkheads.

     Certified industrial hygienist (CIH) means an industrial hygienist who is certified by the American Board of Industrial Hygiene.

     Coast Guard authorized person means an individual who meets the requirement of WAC 296-304-02015, Appendix ((B)) C, for tank vessels, for passenger vessels, and for cargo and miscellaneous vessels.

     Dangerous atmosphere means an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space), injury, or acute illness.

     Director means the director of the department of labor and industries or his/her designated representative.

     Enter with restrictions denotes a space where entry for work is permitted only if engineering controls, personal protective equipment, clothing, and time limitations are as specified by the marine chemist, certified industrial hygienist, or the shipyard competent person.

     Entry means the action by which a person passes through an opening into a space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.

     Hot work means any activity involving riveting, welding, burning, the use of powder-actuated tools or similar fire-producing operations. Grinding, drilling, abrasive blasting, or similar spark-producing operations are also considered hot work except when such operations are isolated physically from any atmosphere containing more than 10 percent of the lower explosive limit of a flammable or combustible substance.

     Immediately dangerous to life or health (IDLH) means an atmosphere that poses an immediate threat to life or that is likely to result in acute or immediate severe health effects.

     Inert or inerted atmosphere means an atmospheric condition where:

     (a) The oxygen content of the atmosphere in the space is maintained at a level equal to or less than 8.0 percent by volume or at a level at or below 50 percent of the amount required to support combustion, whichever is less; or

     (b) The space is flooded with water and the vapor concentration of flammable or combustible materials in the free space atmosphere above the water line is less than 10 percent of the lower explosive limit for the flammable or combustible material.

     Labeled means identified with a sign, placard, or other form of written communication, including pictograms, that provides information on the status or condition of the work space to which it is attached.

     Lower explosive limit (LEL) means the minimum concentration of vapor in air below which propagation of a flame does not occur in the presence of an ignition source.

     Marine chemist means an individual who possesses a current marine chemist certificate issued by the National Fire Protection Association (NFPA).

     NFPA means National Fire Protection Association.

     Nationally Recognized Testing Laboratory (NRTL) means an organization recognized by OSHA, in accordance with Appendix A of 29 CFR 1910.7, which tests for safety and lists or labels or accepts equipment and materials that meet all the criteria found in Section 1910.7 (b)(1) through (b)(4)(ii).

     Not safe for hot work denotes a space where hot work may not be performed because the conditions do not meet the criteria for "safe for hot work."

     Not safe for workers denotes a space where an employee may not enter because the conditions do not meet the criteria for "safe for workers."

     Oxygen-deficient atmosphere means an atmosphere having an oxygen concentration of less than 19.5 percent by volume.

     Oxygen-enriched atmosphere means an atmosphere that contains 22.0 percent or more oxygen by volume.

     Safe for hot work denotes a space that meets all of the following criteria:

     (a) The oxygen content of the atmosphere does not exceed 22.0 percent by volume;

     (b) The concentration of flammable vapors in the atmosphere is less than 10 percent of the lower explosive limit;

     (c) The residues or materials in the space are not capable of producing a higher concentration than permitted in (a) or (b) of the above, under existing atmospheric conditions in the presence of hot work and while maintained as directed by the marine chemist or competent person; and

     (d) All adjacent spaces have been cleaned, or inerted, or treated sufficiently to prevent the spread of fire.

     Safe for workers denotes a space that meets the following criteria:

     (a) The oxygen content of the atmosphere is at least 19.5 percent and below 22.0 percent by volume;

     (b) The concentration of flammable vapors is below 10 percent of the lower explosive limit (LEL);

     (c) Any toxic materials in the atmosphere associated with cargo, fuel, tank coatings, or inerting media are within permissible concentrations at the time of the inspection; and

     (d) Any residues or materials associated with the work authorized by the marine chemist, certified industrial hygienist, or competent person will not produce uncontrolled release of toxic materials under existing atmospheric conditions while maintained as directed.

     Space means an area on a vessel or vessel section or within a shipyard such as, but not limited to: Cargo tanks or holds; pump or engine rooms; storage lockers; tanks containing flammable or combustible liquids, gases, or solids; rooms within buildings; crawl spaces; tunnels; or accessways. The atmosphere within a space is the entire area within its bounds.

     Upper explosive limit (UEL) means the maximum concentration of flammable vapor in air above which propagation of flame does not occur on contact with a source of ignition.

     Vessel section means a subassembly, module, or other component of a vessel being built, repaired, or broken.

     Visual inspection means the physical survey of the space, its surroundings and contents to identify hazards such as, but not limited to, restricted accessibility, residues, unguarded machinery, and piping or electrical systems.

[Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-020, filed 1/18/95, effective 3/10/95; 93-04-111 (Order 92-15), § 296-304-020, filed 2/3/93, effective 3/15/93; Order 74-25, § 296-304-020, filed 5/7/74.]

     (a) Spaces containing or having last contained bulk quantities of combustible or flammable liquids or gases; and

     (b) Spaces containing or having last contained bulk quantities of liquids, gases or solids that are toxic, corrosive or irritating.

     (2) Requirements for performing cleaning or cold work.

     (a) Liquid residues of hazardous materials shall be removed from work spaces as thoroughly as practicable before employees start cleaning operations or cold work in a space. Special care shall be taken to prevent the spilling or the draining of these materials into the water surrounding the vessel, or for shore-side operations, onto the surrounding work area.

     (b) Testing shall be conducted by a competent person to determine the concentration of flammable, combustible, toxic, corrosive, or irritant vapors within the space prior to the beginning of cleaning or cold work.

     (c) Continuous ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration(s) of:

     (i) Flammable vapor is maintained below 10 percent of the lower explosive limit; and

Note to (2)(c)(i):

Spaces containing highly volatile residues may require additional ventilation to keep the concentration of flammable vapors below 10 percent of the lower explosive limit and within the permissible exposure limit.

     (ii) Toxic, corrosive, or irritant vapors are maintained within the permissible exposure limits and below IDLH levels.

     (d) Testing shall be conducted by the competent person as often as necessary during cleaning or cold work to assure that air concentrations are below 10 percent of the lower explosive limit and within the PELs and below IDLH levels. Factors such as, but not limited to, temperature, volatility of the residues and other existing conditions in and about the spaces are to be considered in determining the frequency of testing necessary to assure a safe atmosphere.

Note to (2)(d):

See WAC 296-304-02013--Appendix ((A)) B, for additional information on frequency of testing.

     (e) Spills or other releases of flammable, combustible, toxic, corrosive, and irritant materials shall be cleaned up as work progresses.

     (f) An employee may not enter a confined or enclosed space or other dangerous atmosphere if the concentration of flammable or combustible vapors in work spaces exceeds 10 percent of the lower explosive limit.

     Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment provided:

     (i) No ignition sources are present;

     (ii) The atmosphere in the space is monitored continuously;

     (iii) The atmosphere in the space is maintained above the upper explosive limit; and

     (iv) Respiratory protection, personal protective equipment, and clothing are provided in accordance with WAC 206-304-090 through 296-304-09007.

Note to (2)(f):

Other provisions for work in IDLH and other dangerous atmospheres are located in WAC 296-304-090 through 296-304-09007.

     (g) A competent person shall test ventilation discharge areas and other areas where discharged vapors may collect to determine if vapors discharged from the spaces being ventilated are accumulating in concentrations hazardous to employees.

     (h) If the tests required in (g) of this subsection indicate that concentrations of exhaust vapors that are hazardous to employees are accumulating, all work in the contaminated area shall be stopped until the vapors have dissipated or been removed.

     (i) Only explosion-proof, self-contained portable lamps, or other electric equipment approved by a National Recognized Testing Laboratory (NRTL) for the hazardous location shall be used in spaces described in subsection (1) of this section, until such spaces have been certified as "safe for workers."

Note to (2)(i):

Battery-fed, portable lamps or other electric equipment bearing the approval of a NRTL for the class, and division of the location in which they are used are deemed to meet the requirements of (i) of this subsection.

     (j) The employer shall prominently post signs that prohibit sources of ignition within or near a space that has contained flammable or combustible liquids or gases in bulk quantities:

     (i) At the entrance to those spaces;

     (ii) In adjacent spaces; and

     (iii) In the open area adjacent to those spaces.

     (k) All air moving equipment and its component parts, including duct work, capable of generating a static electric discharge of sufficient energy to create a source of ignition, shall be bonded electrically to the structure of a vessel or vessel section or, in the case of land-side spaces, grounded to prevent an electric discharge in the space.

     (l) Fans shall have nonsparking blades, and portable air ducts shall be of nonsparking materials.

Note to (2):

See WAC 296-304-02003(3) and applicable requirements of chapter 296-62 WAC, general occupational health standards, for other provisions affecting cleaning and cold work.

[Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02005, filed 1/18/95, effective 3/10/95; Order 74-25, § 296-304-02005, filed 5/7/74.]

     (a) The employer shall ensure that hot work is not performed in or on any of the following confined and enclosed spaces and other dangerous atmospheres, boundaries of spaces or pipelines until the work area has been tested and certified by a marine chemist or a U.S. Coast Guard authorized person as "safe for hot work":

     (i) Within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids or gases.

     (ii) Within, on, or immediately adjacent to fuel tanks that contain or have last contained fuel; and

     (iii) On pipelines, heating coils, pump fittings or other accessories connected to spaces that contain or have last contained fuel.

     (iv) Exception: On dry cargo, miscellaneous and passenger vessels and in the landside operations within spaces which meet the standards for oxygen, flammability and toxicity in WAC 296-304-02003, but are adjacent to spaces containing flammable gases or liquids, as long as the gases or liquids with a flash point below 150 deg. F (65.6 deg. C) when the distance between such spaces and the work is 25 feet (7.62 m) or greater.

Note:	For flammable liquids with flash points above 150 deg. F (65.6 deg. C), see subsection (2) of this section.
Note to (1)(a):	The criteria for "safe for hot work" is located in the definition section, WAC 296-304-020(2).

     (b) The certificate issued by the marine chemist or Coast Guard authorized person shall be posted in the immediate vicinity of the affected operations while they are in progress and kept on file for a period of at least three months from the date of the completion of the operation for which the certificate was generated.

     (2) Hot work requiring testing by a competent person.

     (a) Hot work is not permitted in or on the following spaces or adjacent spaces or other dangerous atmospheres until they have been tested by a competent person and determined to contain no concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit:

     (i) Dry cargo holds;

     (ii) The bilges;

     (iii) The engine room and boiler spaces for which a marine chemist or a Coast Guard authorized person certificate is not required under subsection (1)(a)(i) of this section; and

     (iv) Vessels and vessel sections for which a marine chemist or Coast Guard authorized person certificate is not required under subsection (1)(a)(i) of this section; and

     (v) Land-side confined and enclosed spaces or other dangerous atmospheres not covered by subsection (1)(a) of this section.

     (b) If the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit in the space or an adjacent space where the hot work is to be done, then the space shall be labeled "not safe for hot work" and ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors or gases is below 10 percent by volume of the lower explosive limit. The warning label may be removed when the concentration of flammable vapors and gases are below 10 percent of the lower explosive limit.

Note to WAC 296-304-02007:

See WAC 296-304-02013--Appendix ((A)) B, for additional information relevant to performing hot work safely.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099, § 296-304-02007, filed 2/4/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 95-22-015, § 296-304-02007, filed 10/20/95, effective 1/16/96. Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02007, filed 1/18/95, effective 3/10/95; Order 76-7, § 296-304-02007, filed 3/1/76; Order 74-25, § 296-304-02007, filed 5/7/74.]