Effective Date of Rule: July 1, 2010.

     Purpose: The definition of the term "hospitalization" is being clarified to reduce confusion and bring our rules into line with Occupational Safety and Health Administration's interpretation of the word.

     There was some confusion about the requirement to report a hospitalization within eight hours in chapter 296-800 WAC, Safety and health core rules. This rule making will clarify that employers or an agent for the employer must report an employee's hospitalization within eight hours of the time the incident is reported to the employer or an agent of the employer.

     Citation of Existing Rules Affected by this Order: Amending 1 [WAC 296-800-32005].

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

     Other Authority: Chapter 49.17 RCW.

      Adopted under notice filed as WSR 10-04-095 on February 2, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: May 18, 2010.

Judy Schurke

Director

OTS-2887.1

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

WAC 296-800-32005   Report the death, probable death of any employee, or the in-patient hospitalization of any employee within 8 hours.   (1) You must report to us within eight hours of an incident that:

     • Causes a fatal or possibly fatal injury

     • Causes injury requiring in-patient hospitalization of any employee

     To report, contact your nearest labor and industries office by phone or in person, or call the OSHA toll-free hotline, 1-800-321-6742.

EXCEPTION:

((If you do not learn of a reportable incident when it happens, you must report it within eight hours of learning about the incident.)) 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.

     (2) Your report must include:

     • Establishment name

     • Location of the incident

     • Time of the incident

     • Number of fatalities, hospitalized employees, or pesticide exposures

     • Contact person

     • Phone number

     • Brief description of the incident

     (3) Fatalities or hospitalizations that occur within thirty days of an incident must also be reported.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 08-05-012, § 296-800-32005, filed 2/8/08, effective 4/1/08. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-32005, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-32005, filed 5/9/01, effective 9/1/01.]

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