WSR 16-07-120

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 22, 2016, 10:23 a.m.]

Subject of Possible Rule Making: Trolley lines, chapter 296-155 WAC, Safety standards for construction work.

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: Division of occupational safety and health (DOSH) is initiating rule making in response to a public petition received January 13, 2016, requesting that L&I/DOSH change the requirements found in WAC 296-155-428 relating to the minimum clearance distance of vehicular or mechanical equipment when working around energized trolley lines.

Historically, numerous employers performing work near energized trolley lines have had to request variances from DOSH to perform aspects of the work regulated under WAC 296-155-428, its subsections, and other sections within chapter 296-155 WAC related to working near energized lines, which has resulted in a considerable administrative burden on all parties involved. As DOSH recognizes that there are industry-wide controls that are widely accepted and effective at keeping workers safe in practice, and DOSH has a number of options to address alternative protections for workers, it is the goal of the agency to work with stakeholders to determine and implement practical changes to chapter 296-155 WAC language that will minimize the administrative burden of the variance process for all parties while continuing to keep workers safe and remaining as-effective-as the Occupational Safety and Health Administration or greater.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

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 98504-4620, phone (360) 902-5401, e-mail kevin.walder@lni.wa.gov.

March 22, 2016

Joel Sacks

Director