WSR 08-23-086

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed November 18, 2008, 2:15 p.m. ]

Title of Rule and Other Identifying Information: Personal protective equipment, WAC sections found in chapter 296-32 WAC, Safety standards for telecommunications; chapter 296-45 WAC, Safety standards for electrical workers; chapter 296-54 WAC, Safety standards -- Logging operations; chapter 296-56 WAC, Safety standards -- Longshore, stevedore and related waterfront operations; chapter 296-59 WAC, Safety standards for ski area facilities and operations; chapter 296-78 WAC, Safety standards for sawmills and woodworking operations; chapter 296-155 WAC, Safety standards for construction work; chapter 296-800 WAC, Safety and health core rules; chapter 296-809 WAC, Confined spaces; chapter 296-818 WAC, Abrasive blasting; chapter 296-824 WAC, Emergency response; chapter 296-826 WAC, Anhydrous ammonia; chapter 296-843 WAC, Hazardous waste operations; and chapter 296-848 WAC, Arsenic.

NOTICE

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 Joshua Swanson, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY January 20, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Occupational Safety and Health Administration (OSHA) has recently revised several of their rules to clarify the fact that personal protective equipment (PPE) for employees is to be paid for by the employer. The department is proposing to make the same changes to our rules, to remain as-effective-as OSHA as mandated by statute. These changes will make clear that the employer is to provide the necessary PPE at no cost to the employee. Also, some additions are being made to the list of examples of PPE we give to employers, to match the list of examples put out by OSHA.

Reasons Supporting Proposal: The department is required by statute to remain at-least-as-effective-as OSHA. Adopting these changes will keep the department in compliance with the law.

Statutory Authority for Adoption: RCW 49.17.050.

Statute Being Implemented: Chapter 49.17 RCW.

Rule is necessary because of federal law, 29 C.F.R. Parts 1910, 1915, 1917, 1918, 1926.

Name of Proponent: Department of labor and industries, division of occupational safety and health, governmental.

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

November 18, 2008

Judy Schurke

Director

OTS-2024.1


AMENDATORY SECTION(Amending WSR 02-12-098, filed 6/5/02, effective 8/1/02)

WAC 296-32-250   Tools and personal protective equipment -- General.   (1) Personal protective equipment (PPE), protective devices and special tools needed for the work of employees shall be provided and the employer shall ensure that they are used by employees.

(a) Before each day's use the employer shall ensure that these personal protective devices, tools, and equipment are carefully inspected by a competent person to ascertain that they are in good condition.

(b) Tools found to be defective shall be taken out of service.

(c) PPE shall be provided at no cost to the employee.

(2) Head protection. Head protection meeting the requirements of ANSI Z89.2-1971, "Safety Requirements for Industrial Protective Helmets for Electrical Workers, Class B", must be provided whenever there is possible exposure to high voltage electrical contact. Employers must make sure that employees use the head protection.

(3) Eye protection. Protective eye and face equipment shall be required where there is a possibility of injury that can be prevented by such equipment. In such cases, employers shall make conveniently available a type of protector suitable for the work to be performed, and employees shall use such protectors.


Note: See WAC 296-800-160 for additional personal protective equipment requirements.

(4) Tent heaters, torches and open flame. Open flames shall not be used within ground tents or on platforms within aerial tents unless:

(a) The tent covers are constructed of fire resistant materials, and

(b) Ventilation is provided to maintain safe oxygen levels and avoid harmful buildup of combustion products and combustible gases.

(5) Portable power equipment.

(a) All portable power equipment used in the telecommunications industry shall be grounded.

(b) Nominal 120V, or less, portable generators used for providing power at work locations do not require grounding if the output circuit is completely isolated from the frame of the unit.

(c) Grounding shall be omitted when using soldering irons, guns or wire-wrap tools on telecommunication circuits.

(6) Vehicle-mounted utility generators. Vehicle-mounted utility generators used for providing nominal 240V AC or less for powering portable tools and equipment need not be grounded to earth if all of the following conditions are met:

(a) One side of the voltage source is solidly strapped to the metallic structure of the vehicle;

(b) Grounding-type outlets are used, with a "grounding" conductor between the outlet grounding terminal and the side of the voltage source that is strapped to the vehicle;

(c) All metallic encased tools and equipment that are powered from this system are equipped with three-wire cords and grounding-type attachment plugs, except as designated in subsection (7) of this section.

(7) Portable lights, tools and appliances. When operated from commercial power such metal parts of these devices shall be grounded, unless these tools or appliances are protected by a system of double insulation, or its equivalent. Where such a system is employed, the equipment shall be distinctively marked to indicate double insulation.

(8) Lead work. When operated from commercial power the metal housing of electric solder pots shall be grounded. Electric solder pots may be used with the power equipment described in this subsection, without a grounding conductor.

The employer shall ensure that wiping gloves or cloths and eye protection are used in lead wiping operations. A drip pan to catch hot lead drippings shall also be provided and used.

(9) Fire extinguishers.

(a) Fire extinguishers shall be provided for the protection of both the building structure and the occupancy hazards contained therein.

(b) Employees shall be familiar with the location and operation of fire extinguishers.

(c) Any fire extinguishers showing defects shall be removed from service.

(d) Fire extinguishers shall be thoroughly examined and/or recharged or repaired to insure operability and safety once every year.

(e) Each fire extinguisher shall have a durable tag securely attached to show the maintenance or recharge date and the initials or signature of the person performing this service.


Note: For additional requirements relating to portable fire extinguishers see WAC 296-800-300.

[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050. 02-12-098, 296-32-250, filed 6/5/02, effective 8/1/02; 01-23-060, 296-32-250, filed 11/20/01, effective 12/1/01; 01-11-038, 296-32-250, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-32-250, filed 9/30/94, effective 11/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-13-045 (Order 82-22), 296-32-250, filed 6/11/82; Order 76-38, 296-32-250, filed 12/30/76; Order 75-41, 296-32-250, filed 12/19/75.]

OTS-1879.1


AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-45-25505   Personal protective equipment.   (1) General. Personal protective equipment (PPE) shall meet the requirements of chapter 296-24 WAC, Part L and ((WAC 296-800-150)) the PPE requirements in chapter 296-800 WAC. PPE required by these chapters or a hazard assessment will be provided by the employer at no cost to the employee.

(2) All protective hats shall be in accordance with the specifications of ANSI Z89.2-1971 Edition Industrial Protective Helmets for Electrical Workers, Class B, and shall be worn at the job site by employees who are exposed to overhead or electrical hazards.

(3) Wearing apparel. Goggles, hearing protection, respirators, rubber gloves, and other such personal protective devices shall not be interchanged among employees unless they have been sanitized.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-45-25505, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-25505, filed 3/6/98, effective 5/6/98.]

OTS-2025.1


AMENDATORY SECTION(Amending WSR 99-17-117, filed 8/18/99, effective 12/1/99)

WAC 296-54-511   Personal protective equipment (PPE).   (1) Protective equipment, including personal protective equipment for eyes, face, head, hearing and extremities, protective clothing, respiratory devices and protective shields and barriers, must be used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.

(2) Personal protective equipment, including any personal protective equipment provided by an employee, must be maintained in a serviceable condition.

(3) Design. All personal protective equipment must be of safe design and construction for the work to be performed. All safety belts and attachments must meet the requirements of section 3 of ANSI A10.14-1975.

(4) Personal protective equipment, including any personal protective equipment provided by an employee, must be inspected before initial use during each workshift. Defects or damage must be repaired or the unserviceable personal protective equipment must be replaced before work is commenced.

(5) Personal protective equipment required by this standard shall be provided at no cost to the employee.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-117, 296-54-511, filed 8/18/99, effective 12/1/99. Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 96-22-013, 296-54-511, filed 10/28/96, effective 1/1/97. Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-54-511, filed 9/30/94, effective 11/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), 296-54-511, filed 11/30/83. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 43.22 and 42.30 RCW. 80-11-057 (Order 80-15), 296-54-511, filed 8/20/80. Statutory Authority: RCW 49.17.040, 49.17.150 and 49.17.240. 79-10-081 (Order 79-14), 296-54-511, filed 9/21/79.]

OTS-1880.1


NEW SECTION
WAC 296-56-60116   Payment for protective equipment.   (1) Except as provided by subsections (2) through (6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, shall be provided by the employer at no cost to employees.

(2) The employer is not required to pay for nonspecialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and nonspecialty prescription safety eyewear, provided that the employer permits such items to be worn off the job site.

(3) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.

(4) The employer is not required to pay for:

(a) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or

(b) Ordinary clothing, skin creams, or other items, used solely for protection from the weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.

(5) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

(6) Where an employee provides adequate protective equipment he or she owns, the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. The employer shall not require an employee to provide or pay for his or her own PPE, unless the PPE is excepted by subsections (2) through (6) of this section.

[]

OTS-2026.1


AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-59-050   Personal protective equipment, general requirements.   (1) Application.

(a) Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided at no cost to the employee, used, and maintained in a sanitary and reliable condition wherever it is indicated by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact.

(b) Employee-owned equipment. Where employees provide their own protective equipment, the employer shall be responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.

(c) Design, construction, testing, and use of personal protective equipment shall comply with the requirements of the safety and health core rules, WAC 296-800-160; the Occupational health standards -- Safety standards for carcinogens, chapter 296-62 WAC; or the currently applicable ANSI standard.

(2) Eye and face protection. Eye and face protective equipment shall be provided and worn where there is exposure in the work process or environment to hazard of injury, which can be prevented by such equipment.

(3) Occupational head protection. Employees working in areas where there is a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns, shall be protected by protective helmets, i.e., a lift operator would not be required to use a hardhat while operating the lift. However, if that same person is assisting with maintenance operations and is working under a tower where overhead work is being done, that operator would now be required to wear an approved helmet.

(a) Helmets for the protection of employees against impact and/or penetration of falling and flying objects shall meet the specifications contained in American National Standards Institute, Z89.1-1986, Safety Requirements for Industrial Head Protection.

(b) Helmets for the head protection of employees exposed to high voltage electrical shock and burns shall meet the specifications contained in American National Standards Institute, Z89.2-1971, Safety Requirements for Industrial Protective Helmets for Electrical Workers, Class B.

(c) Approved head protection shall be worn by operators of snowmobiles and other mobile oversnow equipment which is not equipped with a rigid metal operator's cab.

(4) Occupational foot protection.

(a) Substantial footwear appropriate for the work conditions encountered shall be worn by all employees.

(b) Where the job assignment includes exposure to slipping hazards, soles and heels of footwear shall be of such material and design as to reduce the hazard of slipping.

(5) Safety belts, lifelines, lanyards, and nets.

(a) Safety belts, lifelines, and lanyards which meet the requirements of ANSI A10.14 shall be provided and used whenever employees are working in locations which expose them to a fall of more than ten feet. The particular work location and application shall dictate which type of belt or harness and length of lanyard is used.

(b) Lifelines shall be secured to an anchorage or structural member capable of supporting a minimum dead weight of five thousand four hundred pounds.

(c) Lifelines used on rock scaling applications or in areas where the lifeline may be subjected to cutting or abrasion shall be a minimum of seven-eighths inch wire core manila rope or equivalent. For all other lifeline applications, three-fourths inch manila rope or equivalent with a minimum break strength of five thousand four hundred pounds may be used.

(d) Each safety belt lanyard shall be a minimum of one-half inch nylon, or equivalent, with a minimum of five thousand four hundred pounds breaking strength.

(e) Employees will not be required to wear a safety belt and lanyard while riding on a standard lift chair while seated in the normal riding position.

(f) Safety nets meeting the requirements of ANSI A10.11 shall be used when other acceptable forms of fall protection are not useable. When used, safety nets shall extend a minimum of eight feet beyond the edge offering exposure, shall be hung with sufficient clearance to prevent user's contact with surfaces or objects below, and shall not be more than twenty-five feet below the fall exposure edge.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-59-050, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-050, filed 7/6/88.]

OTS-2027.1


AMENDATORY SECTION(Amending WSR 08-05-012, filed 2/8/08, effective 4/1/08)

WAC 296-78-515   Management's responsibility.   (1) It shall be the responsibility of management to establish, supervise, and enforce, in a manner which is effective in practice:

(a) A safe and healthful working environment.

(b) An accident prevention program as required by these standards.

(c) Training programs to improve the skill and competency of all employees in the field of occupational safety and health. Such training shall include the on-the-job instructions on the safe use of powered materials handling equipment, machine tool operations, use of toxic materials and operation of utility systems prior to assignments to jobs involving such exposures.

(2) The employer shall develop and maintain a chemical hazard communication program as required by WAC 296-800-170, which will provide information to all employees relative to hazardous chemicals or substances to which they are exposed, or may become exposed, in the course of their employment.

(3) Management shall not assign mechanics, millwrights, or other persons to work on equipment by themselves when there is a probability that the person could fall from elevated work locations or equipment or that a person could be pinned down by heavy parts or equipment so that they could not call for or obtain assistance if the need arises.

Note: This subsection does not apply to operators of motor vehicles, watchperson or certain other jobs which, by their nature, are singular employee assignments. However, a definite procedure for checking the welfare of all employees during their working hours shall be instituted and all employees so advised.


(4) After the emergency actions following accidents that cause serious injuries that have immediate symptoms, a preliminary investigation of the cause of the accident shall be conducted. The investigation shall be conducted by a person designated by the employer, the immediate supervisor of the injured employee, witnesses, employee representative if available and any other person with the special expertise required to evaluate the facts relating to the cause of the accident. The findings of the investigation shall be documented by the employer for reference at any following formal investigation.

(5) Reporting of fatality or hospitalization incidents.

(a) Within eight hours after the fatality or probable fatality of any employee from a work-related incident or the inpatient hospitalization of any employee as a result of a work-related incident, the employer of any employees so affected shall report the fatality/hospitalization by telephone or in person, to the nearest office of the department or by using the OSHA toll-free central telephone number, 1-800-321-6742.

(i) This requirement applies to each such fatality or hospitalization which occurs within thirty days of the incident.

(ii) Exception: If any employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under this subsection, the employer shall make a report within eight hours of the time the incident is reported to any agent or employee of the employer.

(iii) Each report required by this subsection shall relate the following information: Establishment name, location of the incident, time of the incident, number of fatalities or hospitalized employees, contact person, phone number, and a brief description of the incident.

(b) Equipment involved in an incident resulting in an immediate or probable fatality or in the in-patient hospitalization of any employee, shall not be moved, until a representative of the department investigates the incident and releases such equipment, except where removal is essential to prevent further incident. Where necessary to remove the victim, such equipment may be moved only to the extent of making possible such removal.

(c) Upon arrival of a department investigator, employer shall assign to assist the investigator, the immediate supervisor and all employees who were witnesses to the incident, or whoever the investigator deems necessary to complete the investigation.

(6) A system for maintaining records of occupational injuries and illnesses as prescribed by chapter 296-27 WAC.


Note: Recordable cases include:
(a) Every occupational death.
(b) Every industrial illness.
(c) Every occupational injury that involves one of the following:
(i) Unconsciousness.
(ii) Inability to perform all phases of regular job.
(iii) Inability to work full time on regular job.
(iv) Temporary assignment to another job.
(v) Medical treatment beyond first aid.

All employers with eleven or more employees shall record occupational injury and illness information on forms OSHA 101 - supplementary record occupational injuries and illnesses and OSHA 200 - log and summary. Forms other than OSHA 101 may be substituted for the supplementary record of occupational injuries and illnesses if they contain the same items.

(7) Personal protective equipment required by this standard shall be provided at no cost to employees.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 08-05-012, 296-78-515, filed 2/8/08, effective 4/1/08. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-78-515, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-78-515, filed 9/30/94, effective 11/20/94; 91-24-017 (Order 91-07), 296-78-515, filed 11/22/91, effective 12/24/91; 89-11-035 (Order 89-03), 296-78-515, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-515, filed 8/27/81.]

OTS-1881.1


AMENDATORY SECTION(Amending WSR 04-24-089, filed 12/1/04, effective 1/1/05)

WAC 296-155-200   General requirements for personal protective equipment (PPE).   (1) Supplying personal protective equipment

(a) Personal protective equipment (PPE) must be used wherever physical contact, absorption, or inhalation of a hazard could cause any injury or impairment to the function of any part of the body.

These hazards include:

Hazardous processes;

Environmental hazards;

Chemical hazards;

Radiological hazards;

OR

Mechanical irritants.


Note: PPE includes:
Protective equipment for eyes, face, head, hearing, and extremities;
Protective clothing;
Respiratory devices;
AND
Protective shields and barriers.

(b) PPE must be maintained in a sanitary and reliable condition.


Reference: For requirements on maintaining specific personal protective equipment (PPE), see the following rules.
Chapter 296-842 WAC, Respirators;
AND
Chapter 296-817 WAC, Hearing loss prevention.

(c) If employees provide their own protective equipment, then the employer is responsible to make sure the PPE is:

Adequate;

Properly maintained;

AND

Sanitary.

(d) All personal protective equipment must be of safe design and construction for the work to be performed.

(2) Minimum clothing requirements.

(a) Employers must ensure that employees wear at least:

A short-sleeved shirt;

Long pants;

AND

Shoes that meet the requirements of WAC 296-155-212, Foot protection.

Definition:

A short-sleeved shirt covers the top of the shoulder and has material extending down the arm. If a short-sleeved shirt has a seam at the end of the shoulder, the material must extend down the arm from the seam.

Long pants have legs that extend past the knee when the wearer stands and leaves no exposed skin on the lower leg.

(b) Where there is a danger of contact with moving parts of machinery, or the work process is such that a hazard exists:

The clothing of employees must fit closely about the body.

Dangling neck wear, bracelets, wristwatches, rings, or similar articles must not be worn by employees.

Note: For additional related requirements see WAC 296-155-205, Head protection.

(3) The employer must require employees to wear appropriate PPE in all operations where:

There is an exposure to hazardous conditions;

OR

WAC 296-155-200, General requirements for personal protective equipment (PPE), indicates a need for using such equipment to reduce the hazards to the employees.

(4) Employees must comply with job safety practices and procedures and PPE requirements that are relevant to the job site.

(5) High visibility garments.

(a) During daylight hours, when employees' duties are performed in close proximity to moving vehicles, employers must make sure that employees wear a high-visibility safety vest, shirt, or jacket that is fluorescent yellow-green, fluorescent orange-red, or fluorescent red in color. This garment must always be worn as an outer garment.

Definition:

For the purpose of this rule, hours of darkness means from one-half hour before sunset to one-half hour after sunrise.

(b) During hours of darkness, when employees' duties are performed in close proximity to moving vehicles, the employer must make sure that employees wear, at a minimum, a high-visibility safety vest, shirt, or jacket:

Designed according to ANSI/ISEA 107-1999 Class 2 specifications;

Worn as an outer garment;

AND

Worn to provide three hundred sixty degrees of visibility around the employee.

Note: A high-visibility garment meets Class 2 specifications if the garment:
Has an ANSI "Class 2" label;
OR
Has at least seven hundred seventy-five square inches of background material and two hundred one square inches of retroflective material that encircles the torso and is placed to provide three hundred sixty degrees of visibility around the employee.
Note: Fading and soiling may degrade the high-visibility characteristics of the garments.
ANSI/ISEA 107-1999 is available by:
Purchasing copies of ANSI/ISEA 107-1999 by writing:
American National Standards Institute
11 West 42nd Street
New York, NY 10036
OR
Contacting the ANSI web site at http://web.ansi.org/.
OR
Reading a copy of ANSI/ISEA 107-1999 at any Washington state library.

(6) Payment for PPE. Except as provided in (a) through (e) of this subsection, the protective equipment, including PPE, used to comply with this chapter shall be provided by the employer at no cost to employees.

(a) The employer is not required to pay for nonspecialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and nonspecialty prescription safety eyewear, provided that the employer permits such items to be worn off the job site.

(b) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.

(c) The employer is not required to pay for:

Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots;

Ordinary clothing, skin creams, or other items used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.

(d) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

(e) Where an employee provides adequate protective equipment he or she owns to meet the requirements of this chapter, the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. The employer shall not require an employee to provide or pay for his or her own PPE, unless the PPE is excepted in (a) through (d) of this subsection.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 04-24-089, 296-155-200, filed 12/1/04, effective 1/1/05. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-155-200, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-200, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-200, filed 1/21/86; Order 76-29, 296-155-200, filed 9/30/76; Order 74-26, 296-155-200, filed 5/7/74, effective 6/6/74.]


AMENDATORY SECTION(Amending WSR 01-04-015, filed 1/26/01, effective 2/28/01)

WAC 296-155-205   Head protection.   (1) All employees on any construction site shall be provided an individual hard hat which meets all requirements of (a) and (b) of this subsection. ((Employers shall provide individual hard hats at no cost to the employees.))

(a) Hard hats for the protection of employees against impact and/or penetration of falling and flying objects shall meet the specifications contained in American National Standards Institute, Z89.1-1969, Safety Requirements for Industrial Head Protection.

(b) Hard hats for the head protection of employees exposed to high voltage electrical shock and burns shall meet the specifications contained in American National Standards Institute, Z89.2-1971.

(2) All employees must have their individual hard hats on site and readily available at all times.

(3) All employees shall wear a hard hat on any construction site whenever there is a potential exposure to danger of flying or falling objects to persons working or occupying the area.

Note: The hard hat may be removed whenever there is no potential exposure to a hazard.


(4)(a) Employees working on asphalt paving crews exposed to extreme temperatures from hot mix and not exposed to falling objects do not have to wear protective hard hats.

(b) Flaggers working with asphalt paving operations must comply with the requirements of WAC 296-155-305.

(5) Caps with metal buttons or metal visors shall not be worn around electrical hazards.

(6) Employees working near moving machinery or in locations which present a hair-catching or fire hazard shall wear caps, nets or other head and face protection that will completely contain the hair.

[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050, 2000 c 239, and chapter 34.05 RCW. 01-04-015, 296-155-205, filed 1/26/01, effective 2/28/01. Statutory Authority: Chapter 49.17 RCW. 91-11-070 (Order 91-01), 296-155-205, filed 5/20/91, effective 6/20/91; 89-11-035 (Order 89-03), 296-155-205, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-205, filed 1/21/86; Order 74-26, 296-155-205, filed 5/7/74, effective 6/6/74.]

OTS-1882.1


AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-16020   Provide PPE to your employees.   You must provide PPE at no cost to employees if the PPE is:

(( Provide PPE wherever hazards exist from:))

The type that would not reasonably or normally be worn away from the workplace, such as single use or disposable PPE.

Required to comply with a safety and health standard to protect employees wherever hazards exist from:

Processes ((or the environment))

((Chemical)) Environmental hazards

Physical, chemical, or radiological hazards or

Mechanical irritants that could cause injury or impairment to the function of any body part through absorption, inhalation, or physical contact.

(( Provide necessary PPE to employees at no cost to the employee if the PPE:

Will be used to protect against hazardous materials

Is the type that would not reasonably or normally be worn away from the workplace, such as single use or disposable PPE.

Note: Examples of PPE that the employer must provide are:
Boots or gloves that could become contaminated with hazardous materials in the workplace.
Safety glasses, goggles, and nonprescription protective eye wear.
Goggles that fit over prescription eye wear.
Hard hats.
Full body harnesses and lanyards.
Single use or disposable PPE such as plastic type gloves used in the food service or medical industries.
Examples of PPE that the employer may not have to provide are:
Coats to protect against inclement weather.
Leather boots, with or without steel toes, that will not become contaminated on the job.
Prescription protective eye wear (except as part of a full face piece or hooded respirator).))

Table-X: Employer Responsibility for Providing PPE
*This table provides examples only and is not all-inclusive.
Part of Body PPE employers are required to provide at no cost to employees. Items in which employer payment is not required.
Head Bump caps.

Hard hat.

Nonconductive head protection.

---
Eye and Face Face shields.

Goggles.

Laser safety goggles.

Nonprescription eye protection.

Prescription eyewear inserts/lenses for full-face respirators.

Welding and diving helmets.

Nonspecialty prescription safety eyewear.
Ear Hearing protection. ---
Hand/Arm Aluminized gloves.

Barrier creams (unless used solely for weather-related protection).

Chemical resistant gloves/aprons/

clothing.

Hand protection used only for keeping clean or for cold weather with no safety or health consideration.
Mesh cut proof gloves.

Mesh or leather aprons.

Nonspecialty gloves if required to protect from dermatitis, severe cuts, or abrasions.

Rubber insulating gloves.

Rubber sleeves.

Foot Metatarsal foot protection.

Rubber boots with steel toes.

Shoe covers - toe caps and metatarsal guards.

Special boots for longshoremen working logs.

Nonspecialty safety-toe protective footwear such as steel-toe shoes or boots.

Sturdy work shoes.

Lineman's boots.

Logging boots required under chapter 296-54 WAC.

Other Atmosphere-supplying respirators (escape only).

Climbing ensembles used by linemen such as belts and climbing hooks.

Long sleeve shirts.

Long pants.

Ordinary cold weather gear (coats, parkas, cold weather gloves, winter boots).

Level A - fully encapsulated chemical protective suits.

Level B - chemical protective clothing.

Personal fall arrest systems.

Personal fall restraint systems.

Fire fighting PPE (helmet, gloves, boots, proximity suits, full gear).

Ordinary rain gear.

Dust mask/respirators used under the voluntary use provisions in chapter 296-842 WAC.

Back belts. Sunglasses.

Sunscreen.

Ladder safety device belts.

Personal floatation devices (life jackets).

Class II or III high visibility garments that meet ANSI 107-2004 specifications.

Respiratory protection.

SCBA (self-contained breathing apparatus).

Welding PPE.

Window cleaner's safety straps.

Items such as aprons, lab coats, goggles, disposable gloves, shoe covers, etc., used in medical/

laboratory settings to protect from exposure to infectious agents.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, 296-800-16020, filed 11/20/01, effective 12/1/01; 01-11-038, 296-800-16020, filed 5/9/01, effective 9/1/01.]

OTS-2028.1


AMENDATORY SECTION(Amending WSR 04-03-081, filed 1/20/04, effective 5/1/04)

WAC 296-809-50014   Make sure you have adequate rescue and emergency services available.  

You must:

(1) Make sure you have adequate rescue and emergency services available during your permit-required confined space entry operations.

Evaluate and select rescue teams or services who can:

Respond to a rescue call in a timely manner. Timeliness is based on the identified hazards. Rescuers must have the capability to reach potential victims within an appropriate time frame based on the identified permit space hazards.

Proficiently rescue employees from a permit-required confined space in your workplace. Rescuers must have the appropriate equipment for the type of rescue.

Make sure that at least one member of the rescue team or service holds a current certification in first aid and cardiopulmonary resuscitation (CPR).

Inform each rescue team or service about the hazards they may confront when called to perform rescue.

Provide the rescue team or service with access to all permit spaces from which rescue may be necessary.

This will allow them to develop appropriate rescue plans and to practice rescue operations.

Note: What will be considered timely will vary according to the specific hazards involved in each entry. For example, chapter 296-842 WAC, Respirators, requires that employers provide a standby person or persons capable of immediate action to rescue employee(s) for work areas considered to contain an IDLH atmosphere.

((You must:))

(2) ((Provide)) Employees((,)) assigned to provide permit-required confined space rescue and emergency services must be provided, at no cost to the employee, with:

Personal protective equipment (PPE) needed for safe entry.

Other equipment required to conduct rescues safely.

Training so they are:

Proficient in the use of the PPE and other equipment.

Proficient as an entrant of permit-required confined spaces.

Able to safely perform assigned rescue and emergency duties.

Knowledgeable in basic first aid and cardiopulmonary resuscitation (CPR).

Practice sessions for permit-required confined space rescues at least once every twelve months where dummies, manikins, or actual persons are removed from either:

The actual permit spaces; or

Representative permit spaces that simulate the opening size, configuration, and accessibility, of permit spaces where rescue will be performed.

(3) Establish procedures for:

Contacting rescue and emergency services.

Rescuing entrants from permit-required confined spaces.

Providing necessary emergency services to rescued entrants.

Preventing unauthorized persons from attempting a rescue.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-03-081, 296-809-50014, filed 1/20/04, effective 5/1/04.]

OTS-2029.1


AMENDATORY SECTION(Amending WSR 06-12-074, filed 6/6/06, effective 9/1/06)

WAC 296-818-20010   Personal protective equipment (PPE).  

You must:

((Supply)) Provide, at no cost to the employee, and make sure personal protective equipment is worn.

Follow the requirements in Table-1, Personal Protective Equipment (PPE).


Table-1: Personal Protective Equipment (PPE)

PROVIDE WHEN
Abrasive Blasting Respirators Operators work in any of the following situations:
Inside blast cleaning rooms
Where silica sand is used in manual blasting operations
Where concentrations of toxic dust exceed the permissible exposure limits found in a separate chapter:
▪ Respiratory hazards, WAC 296-841-20020, Table-3 "Exposure Limits for Air Contaminants"
Exemption:
An abrasive respirator does not need to be worn if the operator is physically separated from the nozzle and blast by an exhaust ventilated enclosure.
Definition:
Abrasive-blasting respirator
A supplied air or a continuous flow respirator constructed to cover and protect the operator's head, neck and shoulders from rebounding abrasive.
Eye and Face protection to both of the following:


Blasting operators

Respirators worn during blasting operations do not provide eye and face protection
Personnel working near blasting operations
Gloves and Aprons made of heavy canvas or leather; Operators are exposed to the impact of rebounding abrasives
OR
Equivalent protection

Notes: Use only respirators certified by NIOSH in 42 C.F.R. Part 84 for protecting employees from dusts, and other hazards produced during abrasive blasting operations, like:
Using a garnet sand to blast a concrete surface, resulting in crystalline silica dust
A filtering face piece may be used only for short, intermittent, or occasional dust exposures for any of the following tasks:
To protect the operator during abrasive blasting operations performed outside the enclosure or outdoors where nonsilica abrasives are used on materials with low toxicity
Clean-up
Dumping dust collectors
Unloading shipments of sand at receiving areas when the following controls are not feasible:
▪ Enclosures
▪ Exhaust ventilation
OR
▪ Other means
Reference: For additional requirements to help you fully protect employees, go to the following separate chapters:
The Safety and health core rules, chapter 296-800 WAC:
▪ Personal protective equipment (PPE), WAC 296-800-160
Respiratory hazards, chapter 296-841 WAC
Respirators, chapter 296-842 WAC:
▪ Respirator program, WAC 296-842-120
▪ Specifications for air quality, WAC 296-842-200

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-12-074, 296-818-20010, filed 6/6/06, effective 9/1/06.]

OTS-2030.1


AMENDATORY SECTION(Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)

WAC 296-824-60005   Personal protective equipment.   Use appropriate personal protective equipment (PPE).

Note: Only properly trained employees should select PPE. Hazardous materials technicians and hazardous materials specialists can select PPE within the competencies specified in Table 4.
Selection requirements in other PPE rules also apply, including:
WAC 296-800-160, Personal protective equipment.
Chapter 296-842 WAC, Respirators.
WAC 296-24-58505, Fire brigades.
Chapter 296-305 WAC, Safety standards for fire fighting.

You must:

Provide ((employees with)) appropriate PPE at no cost to the employees and make sure it is used if hazards could be present.

Select PPE (such as respirators, gloves, protective suits and other PPE) based on:

♦ An evaluation of the performance characteristics (such as breakthrough time and hazardous substance-specificity of the material or item) relevant to the requirements and limitations of the site.

♦ Task-specific conditions and durations.

♦ The hazards and potential hazards of the site (see Table 9, Selecting PPE for Specific Hazards).

Select totally encapsulating chemical protective (TECP) suits, as specified in Table 9, that:

♦ Maintain positive air pressure.

♦ Prevent inward test gas leakage of more than 0.5 percent.

Note: Follow the manufacturer's recommended procedure for testing a TECP suit's ability to maintain positive air pressure and prevent inward gas leakage. Other established test protocols for these suits, for example NFPA 1991 and ASTM F1052-97, may also be used.

Table 9

Selecting PPE for Specific Hazards

If: Then:
Inhalation hazards could be present. Positive-pressure (pressure-demand) self-contained breathing apparatus (SCBA)

OR

A decreased level of respiratory protection only when the incident commander determines, from air monitoring results, that employees will be adequately protected.

Chemical exposure levels will create a substantial possibility of:

Immediate death.

Immediate serious illness or injury.

Reduced ability to escape.

Either positive-pressure (pressure-demand):

SCBA

Air-line respirators equipped with an escape air supply.

Skin absorption of a hazardous substance may result in a substantial possibility of:

Immediate death.

Immediate serious illness or injury.

Reduced ability to escape.

Protection equivalent to Level A including a totally encapsulating chemical protective (TECP) suit.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-03-093, 296-824-60005, filed 1/18/05, effective 3/1/05; 02-20-034, 296-824-60005, filed 9/24/02, effective 10/1/02.]

OTS-2031.1


AMENDATORY SECTION(Amending WSR 06-10-067, filed 5/2/06, effective 9/1/06)

WAC 296-826-20005   Personal protective equipment (PPE).  

You must:

Provide the following PPE, at no cost to employees, at all stationary storage installations:

Two respirators in readily accessible locations as required by WAC 296-842, Respirators

One pair of protective gloves, boots, pants, a protective slicker, and a jacket made of:

▪ Rubber;

OR

▪ Other material that can not be penetrated by ammonia.

Tight fitting vented goggles and one full face shield.

An easily accessible shower or fifty gallons of clean water in an open top container.

Equip tank motor vehicles with all of the following equipment for emergency purposes:

At least five gallons of water to flush liquid ammonia from skin or eyes.

Respiratory equipment suitable for anhydrous ammonia as required by chapter 296-842 WAC, Respirators

A pair of protective gloves made of neoprene rubber or other material that cannot be penetrated by ammonia.

Tight fitting goggles and a full face shield

Note: Additional safety equipment is recommended when more than one employee is present.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-10-067, 296-826-20005, filed 5/2/06, effective 9/1/06.]

OTS-2032.1


AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-19005   Provide and use appropriate PPE.  

Reference: See WAC 296-843-110, Evaluations and inspections, found in this chapter, for more information about how to identify hazards and complete your preliminary site evaluation.

You must:

(1) Make sure the PPE you provide and use for initial entry protects employees from known or suspected safety and health hazards identified during the preliminary site evaluation as follows:


If Then
The need for atmosphere supplying respirators and chemical protective clothing has NOT been eliminated Provide atmosphere supplying respirators and protective clothing
Employees use respiratory protection other than a positive-pressure SCBA for initial entry Include an escape self-contained breathing apparatus (SCBA) with enough air to reach a safe location and always at least five minutes of air

Use Table 2, Selecting PPE in Various Exposure Situations, to determine the level of PPE to provide during initial entry:

You must:

(2) Make sure the PPE you select provides employee protection based on:

Actual and potential hazards identified during the site characterization and analysis (see WAC 296-843-110, Evaluations and inspections).

Hazards likely to be encountered.

Required tasks and their duration.

Site requirements and limitations.

Use Table 2 to identify the type of PPE that is required for various exposure situations.

Table 2
Selecting PPE in Various Exposure Situations


If Then
Changing site conditions indicate a change in employee exposure Review and adjust the level of protection as appropriate
Note:
You may decrease the level of protection when information indicates this will not increase employee exposure to safety or health hazards
There is a substantial possibility that skin absorption or contact with a hazardous substance may: Use totally encapsulating chemical protective (TECP) suits and make sure they will protect employees from the hazards
Impair an employee's ability to escape Use, decontaminate, inspect, and remove TECP suits from service according to the manufacturer's recommendations
Cause immediate serious illness or injury Perform any TECP integrity tests recommended by the manufacturer and make sure all TECP suits are capable of:
Is an IDLH or immediate death hazard Maintaining positive air pressure
Preventing inward test gas leakage of more than 0.5%
Note:
Follow the manufacturer's recommended procedures for testing a TECP suit's ability to maintain positive air pressure and prevent inward gas leakage. Other established test protocols for these suits, for example, NFPA 1991 and ASTM F1052-97, may also be used
There is a substantial possibility that employee exposure to hazardous substances will either: Use a positive-pressure SCBA or an airline respirator with an escape SCBA
Immediately cause death, serious illness, or serious injury Protect air supply from contamination and the entire respirator system from physical damage
OR
Impair an employee's ability to escape

Note: If there is not a permissible exposure limit (PEL) or other published exposure level for a hazardous substance, you may use published studies and information as a guide for selecting appropriate PPE.

(3) PPE required by this standard is to be provided at no cost to the employees.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-02-053, 296-843-19005, filed 1/5/04, effective 5/1/04.]

OTS-2033.1


AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-40040   Personal protective equipment (PPE).  

You must:

Provide at no cost to employees, make sure employees use, and maintain PPE as follows:

Provide clean and dry protective clothing to employees who could experience eye or skin irritation from exposure to inorganic arsenic or who work in exposure control areas.

Provide impervious protective clothing to employees exposed to arsenic trichloride.

Note: Arsenic trichloride is corrosive and can be rapidly absorbed through skin.
Examples of protective clothing appropriate for inorganic arsenic exposures include:
Coveralls or similar full-body work clothing.
Gloves, and shoes or coverlets.
Face shields or vented goggles when necessary to prevent eye irritation.

You must:

Make sure employees do not remove inorganic arsenic from PPE by blowing or shaking.

Make sure protective clothing is removed:

▪ In change rooms;

AND

▪ At the end of the work shift.

Make sure contaminated protective clothing that will be cleaned, laundered, or disposed of, is placed in a closed container located in the change room.

▪ Make sure the container prevents the release of inorganic arsenic.

Launder protective clothing:

▪ At least weekly if employees work in areas where exposure monitoring results of inorganic arsenic are below an eight-hour time-weighted average concentration of 100 micrograms per cubic meter (g/m3);

OR

▪ Daily if employees work in areas where either exposure monitoring results of inorganic arsenic are above an eight-hour time-weighted average concentration of 100 g/m3 or when more frequent washing is needed to prevent skin irritation.

Maintain the effectiveness of PPE by repairing or replacing it, as needed:

▪ Dispose of protective clothing if it will not be repaired.

Inform individuals who clean or launder protective clothing about the possible health effects associated with inorganic arsenic, including carcinogenic effects, by doing the following:

Provide the information in writing;

AND

Label containers of contaminated PPE with the following warning:


CAUTION:
Clothing contaminated with inorganic arsenic
Do not remove dust by blowing or shaking
Dispose of inorganic arsenic contaminated wash water as applicable local, state, or federal regulations require

Reference: To see additional Personal protective equipment requirements go to the Safety and health core rules, chapter 296-800 WAC, and find the section titled, PPE, WAC 296-800-160.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-173, 296-848-40040, filed 12/21/04, effective 5/1/05.]

Washington State Code Reviser's Office