WSR 16-09-092

PREPROPOSAL STATEMENT OF INQUIRY

[Filed April 19, 2016, 11:22 a.m.]

Subject of Possible Rule Making: Lead, WAC 296-62-07521 (general industry) and WAC 296-155-176 through 296-155-17654 (construction).

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 division of occupational safety and health (DOSH) initially denied a public petition in November 2013 requesting that we update our lead rules in light of evolving scientific understanding of the hazards associated with lead exposure. At the time we wanted to gather more information and stakeholder input, and after a series of preliminary stakeholder meetings ending in February 2016 we have decided that there is enough interest and support for working with stakeholders to examine and determine ways to update current standards, many aspects of which are over twenty years old, to better protect Washington workers. As we are still in the early stages of the stakeholdering process the scope and extent of rule making is uncertain but possible areas of focus could include such things as changing permissible exposure levels based on scientific data, updating "housekeeping" standards including personal protective equipment and ventilation requirements for employers operating in areas where there is increased lead exposure, and updating reporting requirements for employers.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DOSH rules are at-least-as-effective-as those promulgated by Occupational Safety and Health Administration.

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.

April 19, 2016

Joel Sacks

Director