WSR 16-13-121

PREPROPOSAL STATEMENT OF INQUIRY

[Filed June 21, 2016, 11:00 a.m.]

Subject of Possible Rule Making: The department is conducting rule making related to preventing worker exposure to respirable crystalline silica. This rule making is in response to Occupation [Occupational] Safety and Health Administration's (OSHA) final rule on respirable crystalline silica for general industry/maritime and construction. Respirable crystalline silica is currently included in the department's air contaminant standard under chapter 296-841 WAC and WAC 296-307-62625 (and other standards that reference these requirements).

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: OSHA issued a final rule to curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica. The rule is comprised of two standards, one for construction 29 C.F.R. 1926 and one for general industry/maritime 29 C.F.R. 1910. Both standards become effective June 23, 2016, after which industries have one to five years to comply with most requirements depending on the type of work performed. 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.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: As an OSHA-approved state plan, the department is the primary entity to regulate this subject in Washington, with certain exceptions pertaining to the maritime 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, Division of Occupational Safety and Health, P.O. Box 44620, Olympia, WA 98504, phone (360) 902-5401, e-mail wake235@lni.wa.gov.

June 21, 2016

Joel Sacks

Director