LABOR AND INDUSTRIES
Title of Rule and Other Identifying Information: Chapter 296-62 WAC, Part L -- Atmospheres and ventilation.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Josh Swanson, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY October 22, 2007.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: On February 20, 2007, the department adopted changes to chapter 296-62 WAC, Part L -- Atmospheres and ventilation. Two sections were accidentally repealed in the rule making. This rule making will correct the error by putting the language back into the rule, which will keep it as-effective-as the federal equivalent.
WAC 296-62-100 Oxygen deficient atmospheres and 296-62-110 Ventilation will be added back into chapter 296-62 WAC as WAC 296-62-135 and 296-62-136.
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.
August 21, 2007
WAC 296-62-135 Oxygen deficient atmospheres. (1) Definition. A lack of sufficient oxygen is deemed to exist if the atmosphere at sea level has less than 19.5% oxygen by volume or has a partial pressure of oxygen of 148 millimeters of mercury (mm Hg) or less. This may deviate when working at higher elevations and should be determined for an individual location. Factors such as acclimatization, physical conditions of the persons involved, etc., must be considered for such circumstances and conditions.
(2) Entering areas with possible oxygen deficient atmospheres. Workers entering any area where a lack of sufficient oxygen is probable shall be supplied with and shall use approved equipment (for specific requirements see applicable provisions of chapters 296-62, 296-307 (Part-U3), 296-809 and 296-841 WAC) capable of providing safe respirable air, or prior to entry and at all times when workers are in such areas a sufficient supply of safe, respirable air shall be provided. All workers so exposed shall be under constant observation. If the oxygen content is unknown or may change during occupation, tests shall be required prior to and during occupation of questionable areas.
(1) "Local exhaust ventilation" shall mean the mechanical removal of contaminated air from the point where the contaminant is being generated or liberated.
(2) "Dilution ventilation" means inducing and mixing uncontaminated air with contaminated air in such quantities that the resultant mixture in the breathing zone will not exceed the permissible exposure limit (PEL) specified for any contaminant.
(3) "Exhaust ventilation" means the general movement of air out of the area or permit-required confined space by mechanical or natural means.
(4) "Tempered make-up air" means air which has been conditioned by changing its heat content to obtain a specific desired temperature.