Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-08-085.

     Title of Rule and Other Identifying Information: Chapter 296-155 WAC, Safety standards for construction work, including Part C-1, fall restraint and fall arrest, and Part K, floor openings, wall openings and stairways (also updating references throughout this chapter); chapter 296-36 WAC, Safety standards -- Compressed air work; chapter 296-45 WAC, Safety standards for electrical workers; and chapter 296-874 WAC, Scaffolds.

     Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S119, Tumwater, WA 98501, on October 16, 2012, at 9:00 a.m.; and at the Double Tree by Hilton, 322 North Spokane Falls Court, Spokane, WA 99201, on October 17, 2012, at 9:00 a.m.

     Date of Intended Adoption: January 22, 2013.

     Submit Written Comments to: Cindy Ireland, P.O. Box 44620, Olympia, WA 98504-4620, e-mail cynthia.ireland@lni.wa.gov, fax (360) 902-5619, by 5 p.m. October 24, 2012.

     Assistance for Persons with Disabilities: Contact Beverly Clark by 5:00 p.m. October 1, 2012, (360) 902-5516 or beverly.clark@lni.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2007, the division of occupational safety and health (DOSH) began working with a fall protection stakeholder group to consolidate the fall protection requirements located in chapter 296-155 WAC, Safety standards for construction work, into one coherent set of requirements. DOSH is proposing to merge Parts C-1 and K, creating one location where fall protection requirements would be located for construction. In addition, we asked the stakeholder group to help identify any technical changes needed due to industry developments and to ensure that any gap in current fall protection requirements would be addressed and rectified by this proposed rule update. Throughout the process, clear and concise language in the proposal was a focal point.

     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 12-18 issue of the Register.

     Reasons Supporting Proposal: This proposal was developed with the assistance of a stakeholder group from the industry representing business and labor.

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

     Statute Being Implemented: Chapter 49.17 RCW.

     Rule is necessary because of federal law, 29 C.F.R. 1926, Subpart M.

     Name of Proponent: Department of labor and industries, governmental.

     Name of Agency Personnel Responsible for Drafting: Margaret Leland, Tumwater, Washington, (360) 902-4504; Implementation and Enforcement: Anne F. Soiza, Tumwater, Washington, (360) 902-5090.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     A copy of the statement may be obtained by contacting Cindy Ireland, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5522, fax (360) 902-5619, e-mail cynthia.ireland@lni.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Cindy Ireland, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5522, fax (360) 902-5619, e-mail cynthia.ireland@lni.wa.gov.

August 21, 2012

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 12-18 issue of the Register.