WSR 12-01-086

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 20, 2011, 9:21 a.m. , effective February 1, 2012 ]


Effective Date of Rule: February 1, 2012.

Purpose: This rule is to address the requirements that employers must follow with regard to inspection, maintenance and operation of cranes used in the construction industry. This rule also includes updates to our current rigging and personnel lifting requirements. RCW 49.17.400 through 49.17.440 requires the department to establish by rule a crane certification program for cranes used in the construction industry and to establish requirements that must be met to be considered a qualified crane operator. In addition, the Occupational Safety and Health Administration (OSHA) adopted their final rule and this rule also includes requirements OSHA has in their rule in order for the division of occupational safety and health (DOSH) to be at-least-as-effective-as the federal rule.

This rule was developed with the assistance of a stakeholder group from the industry representing business and labor.

Citation of Existing Rules Affected by this Order: Repealing 52; and amending 25. See Reviser's note below.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.440, and 49.17.060.

Other Authority: 29 C.F.R. 1926, Subpart CC, Cranes and Derricks in Construction.

Adopted under notice filed as WSR 11-16-022 on July 26, 2011.

Changes Other than Editing from Proposed to Adopted Version: See Reviser's note below.

A final cost-benefit analysis is available by contacting Cindy Ireland, P.O. Box 44620, Olympia, WA 98504, phone (360) 902-5522, fax (360) 902-5619, e-mail cynthia.ireland@lni.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 99, Amended 25, Repealed 52; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 99, Amended 25, Repealed 52.

Number of Sections Adopted on the Agency's Own Initiative: New 99, Amended 25, Repealed 52.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 99, Amended 25, Repealed 52.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 20, 2011.

Judy Schurke

Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 12-02 issue of the Register.

Washington State Code Reviser's Office