WSR 16-02-093

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 5, 2016, 11:47 a.m.]

Subject of Possible Rule Making: Chapter 296-809 WAC, Confined space.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Occupation [Occupational] Safety and Health Administration (OSHA) adopted its final rule for confined space in construction, effective August 4, 2015. Since this final rule imposes additional or more stringent requirements on employers than existing OSHA standards, state plans must adopt an "at-least-as-effective" standard or amendment to their existing standards, or show that they already have an existing "at-least-as-effective" standard, within six months.

The division of occupational safety and health (DOSH) has advised OSHA that we will adopt rules that are different but at-least-as-effective-as the OSHA standard. A request for a one year extension has been filed to give DOSH adequate time to update its standard in light of the complexity involved.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: As an OSHA-approved state plan, DOSH is the primary entity to regulate this subject in Washington, with certain exceptions pertaining to maritime, the industry and United States government operations, in which cases OSHA maintains jurisdiction.

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 Kevin Walder, Administrative Regulations Analyst, Department of Labor and Industries, DOSH, P.O. Box 44620, Olympia, WA 98504, phone (360) 902-5401, e-mail wake235@lni.wa.gov.

January 5, 2016

Joel Sacks

Director