WSR 14-12-074

PREPROPOSAL STATEMENT OF INQUIRY

[Filed June 3, 2014, 9:01 a.m.]

Subject of Possible Rule Making: Chapter 296-307 WAC, Safety standards for agriculture, hazard communication.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and 29 C.F.R. 1910 Subpart Z.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Occupational Safety and Health Administration (OSHA) adopted the final rules updating its hazard communication standard into alignment with the globally harmonized system of classification and labeling of chemicals (GHS). The department is required to update our rules in chapter 296-307 WAC, Safety standards for agriculture, to be at-least-as-effective-as OSHA. The scope of OSHA's hazard communication standard includes requirements for employers as well as chemical manufacturers, importers, and distributors, and the department's comparable requirements are in separate rules at this time. OSHA's rule also modified other existing OSHA standards that contain hazard classification and communication provisions to be internally consistent and aligned with the GHS modifications to the hazard communication standard. Additional housekeeping and reference changes will be made in other rules in accordance with hazard communication updates.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies, other than OSHA, are known to regulate this subject.

Process for Developing New Rule: Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tari Enos, Administrative Regulations Analyst, Department of Labor and Industries, Division of Occupational Safety and Health, P.O. Box 44620, Olympia, WA 98504, phone (360) 902-5541, e-mail tari.enos@lni.wa.gov.

June 3, 2014

Joel Sacks

Director