WSR 10-15-106

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 20, 2010, 4:10 p.m. , effective September 1, 2010 ]


Effective Date of Rule: September 1, 2010.

Purpose: WAC 296-828-100 Scope.

Added language to the scope section to clarify how the formaldehyde rule applies to certain labs in relation to this rule.

Current Language: "When your laboratory operation is covered by this chapter, and you use any of the substances in Table 2, the following applies:" followed by a bulleted list.

New Language: "When your laboratory operation is covered by this chapter, and you use any of the substances in Table 2, the following applies with the exception of formaldehyde use in histology, pathology, and anatomy laboratories. In histology, pathology, and anatomy laboratories you must follow the requirements in chapter 296-856 WAC, Formaldehyde. This chapter applies to all other formaldehyde laboratory uses as defined in Table 1." The same bulleted list then follows.

Reasons Supporting Proposal: The revision made clearer the relationship between the requirements of DOSH's hazardous chemicals in laboratories standard and the requirements of the formaldehyde standard, thereby eliminating confusion and clarifying employer obligations. Eliminating confusion and clarifying employer obligations should increase employee safety while reducing compliance costs.

Citation of Existing Rules Affected by this Order: Amending WAC 296-828-100 Scope.

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 10-09-093 on April 20, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 20, 2010.

Judy Schurke

Director

OTS-3099.1


AMENDATORY SECTION(Amending WSR 07-05-062, filed 2/20/07, effective 4/1/07)

WAC 296-828-100   Scope.   This chapter applies to the laboratory use of hazardous chemicals. To determine if this chapter applies to your workplace, use Table 1.

IMPORTANT:

When your laboratory operation is covered by this chapter, and you use any of the substances in Table 2, the following applies with the exception of formaldehyde use in histology, pathology, and anatomy laboratories. In histology, pathology, and anatomy laboratories you must follow the requirements in chapter 296-856 WAC, Formaldehyde. This chapter applies to all other formaldehyde laboratory uses as defined in Table 1:

The exposure limits and any requirement protecting employees from skin and eye contact in the rules listed in Table 2 will still apply.

Where the action level (or where no action level exists, the permissible exposure limit) is exceeded for a substance listed in Table 2, the exposure evaluation and medical surveillance requirements in the substance rule will still apply.

You are not required to meet other requirements of the substance rule.

To get the permissible exposure limits (PELs) for hazardous chemicals used in your laboratory, see chapter 296-841 WAC, Airborne contaminants.


Table 2
WISHA Regulated Hazardous Chemicals

Acrylonitrile
Arsenic (inorganic)
Asbestos
Benzene
Butadiene
Cadmium
Coke ovens
Cotton dust
1, 2-Dibromo-3-chloropropane
Ethylene oxide
Formaldehyde
Lead
Methylene chloride
Methylenedianiline
Vinyl chloride
Ionizing radiation
4-Nitrobiphenyl
Alpha-Naphthylamine
4,4' Methylene bis (2 - chloroaniline)
Methyl chloromethyl ether
3,3'-Dichlorobenzidine (and its salts)
Bis-Chloromethyl ether
Beta-Naphthylamine benzidine
4-Aminodiphenyl
Ethyleneimine
Beta-Propiolactone
2-Acetylaminofluorene
4-Dimethylaminoazobenzene
N-Nitrosodimethylamine

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-062, 296-828-100, filed 2/20/07, effective 4/1/07; 06-02-060, 296-828-100, filed 1/3/06, effective 4/1/06.]

Washington State Code Reviser's Office