WSR 17-11-119
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed May 23, 2017, 11:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-11-084.
Title of Rule and Other Identifying Information: eRules Phase 8: Chapter 296-65 WAC, Asbestos; chapter 296-301 WAC, Safety standards for the textile industry; chapter 296-303 WAC, Safety standards for laundry machinery and operations; chapter 296-304 WAC, Safety standards for ship repairing, shipbuilding and shipbreaking; chapter 296-803 WAC, Lockout\tagout (control of hazardous energy); chapter 296-811 WAC, Fire brigades; chapter 296-818 WAC, Abrasive blasting; chapter 296-824 WAC, Emergency response; chapter 296-835 WAC, Dipping and coating operations (dip tanks); chapter 296-841 WAC, Airborne contaminants; chapter 296-842 WAC, Respirators; chapter 296-863 WAC, Forklifts and other powered industrial trucks; and chapter 296-900 WAC, Administrative Rules.
Hearing Location(s): Department of Labor and Industries, Room S119, 7273 Linderson Way S.W., Tumwater, WA 98501, on July 7, 2017, at 9:00 a.m.
Date of Intended Adoption: September 5, 2017.
Submit Written Comments to: Tari Enos, P.O. Box 44620, Olympia, WA 98504, email tari.enos@lni.wa.gov, fax (360) 902-5619, by 5:00 p.m. on July 14, 2017.
Assistance for Persons with Disabilities: Contact Tari Enos by June 16, 2017, at (360) 902-5541.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: No changes in requirements as a result of this rule making.
Consistent format for all division of occupational safety and health (DOSH) rules.
Easy to access rules for smart phone and tablet users.
Easy navigation in PDF files provided through bookmarks in the rules.
Easier referencing by replacing bullets and dashes with numbers and letters.
Enhanced rule update efficiency for customers through electronic postings.
Chapter 296-816 WAC, Protecting trade secrets, which was listed on the CR-101 filed on May 17, 2016, was removed from this rule making due to being repealed effective February 3, 2017, and replaced by chapter 296-901 WAC, Hazard communication.
Amending:
WAC 296-65-005 through 296-65-050.
Change bullets to letters or numbers where applicable.
Change "shall" to "must" where applicable.
WAC 296-65-003 Definitions.
Remove quotation marks from all defined words.
Remove the word "means" from all applicable definitions and replace it with a period, making all definitions complete sentences.
WAC 296-301-010 through 296-301-225.
Change "The employer" to "You must" where applicable.
Remove numbered subdivision "titles" throughout chapter that are repetitive.
Change "shall" to "must" where applicable.
WAC 296-301-015 Definitions applicable to this chapter.
Remove quotation marks from all defined words.
Remove numbers from all definitions.
Remove the word "means" from all applicable definitions and replace it with a period, making all definitions complete sentences.
WAC 296-303-01001 through 296-303-040.
Change "The employer" to "You must" where applicable.
Change "shall" to "must" where applicable.
WAC 296-303-01003 Definitions.
Remove quotation marks from all defined words.
Remove numbers from all definitions.
Remove the word "means" from all applicable definitions and replace it with a period, making all definitions complete sentences.
WAC 296-303-02501 General.
Update reference in subsection (4) from "WAC 296-62-110" to "chapter 296-62 WAC, Part L."
WAC 296-304-01001 through 296-304-20025.
Change "The employer" to "You must" where applicable.
Change bullets to letters or numbers where applicable.
Remove subdivision titles throughout chapter and renumber sections where applicable.
Change "shall" to "must" where applicable.
Change "shall be not" to "must not be" where applicable.
WAC 296-304-01001 Definitions.
Remove quotation marks from all defined words.
Remove the word "means" from all applicable definitions in subsection and replace it with a period, making all definitions complete sentences.
WAC 296-304-01021 Competent person.
Change lower case letters to numbers in the exception in the middle of subsection (2).
WAC 296-304-020 Confined and enclosed spaces and other dangerous atmospheres in ship yard employment.
Remove the word "means" from all applicable definitions in subsection (2) and replace it with a period, making all definitions complete sentences.
WAC 296-304-03009 Flammable liquids.
Remove number (1) from opening paragraph and change letters to numbers in the rest of the subsection. There wasn't a "(2)" to go with the (1) in the original language.
WAC 296-803-100 through 296-803-70015.
Remove bold "you must" from the beginning of section and incorporate it into the language of applicable sections.
Change bullets/dashes/boxes to letters or numbers where applicable and renumber/reletter the rest of the section.
Change uppercase "and" and "or" to lowercase where applicable.
WAC 296-803-200, 296-803-300, 296-803-400, 296-803-500, 296-803-600, and 296-803-700.
Update listed chapters into a "You must meet the requirements" table.
WAC 296-803-50050 Protect employees working in a group.
Remove definition of "Primary authorized employee" from the end of this section – it is already located in the definition section WAC 296-803-099.
WAC 296-811-100 through 296-811-50005.
Remove bold "You must" and bullet and add "You must" to the applicable requirements listed below it.
Change bullets/dashes/boxes to letters or numbers where applicable and renumber/reletter the rest of the section.
WAC 296-811-100 Scope.
Remove definition of "Fire brigade" from this section – it's already in the definitions section WAC 296-811-099.
WAC 296-811-200, 296-811-300, 296-811-400, and 296-811-500.
Update listed chapters into a "You must meet the requirements" table.
WAC 296-818-100 through 296-818-40015.
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Change bullets/dashes/boxes to letters or numbers where applicable and renumber/reletter the rest of the section.
Change uppercase "and" and "or" to lowercase where applicable.
WAC 296-818-200, 296-818-300, and 296-818-400.
Update listed chapters into a "You must meet the requirements" table.
WAC 296-824-100 and 296-824-20005 through 296-824-70005.
Remove bold "You must" and bullet and add "You must" to the applicable requirements listed below it.
Change bullets/dashes to letters or numbers where applicable and renumber/reletter the rest of the section.
Change uppercase "and" and "or" to lowercase where applicable.
Change diamonds/boxes to letters/numbers where applicable.
WAC 296-824-400, 296-824-500, and 296-824-600.
Update listed chapters into a "You must meet the requirements" table.
WAC 296-835-100 through 296-835-13030.
Remove bold "You must" and bullet and add "You must" to the applicable requirements listed below it.
Change bullets/dashes to letters or numbers where applicable and renumber/reletter the rest of the section.
Change uppercase "and" and "or" to lowercase where applicable.
Change diamonds/boxes to letters/numbers where applicable.
WAC 296-835-110, 296-835-120, and 296-835-130.
Update listed chapters into a "You must meet the requirements" table.
WAC 296-841-100 through 296-841-20025.
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Change uppercase "and" and "or" to lowercase where applicable.
WAC 296-841-100 Scope.
Remove definition of "Exposed or exposure" from the bottom of this section – it's already in the definitions section WAC 296-841-099.
WAC 296-842-10200 through 296-842-22020.
Change "The employer" to "You" where applicable.
Change "shall" to "must" where applicable.
Change bullets/dashes/boxes/diamonds to letters or numbers where applicable and renumber/reletter the rest of the section.
Change uppercase "and" and "or" to lowercase where applicable.
WAC 296-842-10200 Definitions.
Remove all numbers from definitions.
Remove the word "means" from all applicable definitions and replace it with a period, making all definitions complete sentences.
WAC 296-863-100 through 296-863-60015.
Remove bold "You must" and bullet and add "You must" to the applicable requirements listed below it.
Change "The employer" to "You must" where applicable.
Change "shall" to "must" where applicable.
Change bullets/dashes/boxes to letters or numbers where applicable and renumber/reletter the rest of the section.
Change uppercase "and" and "or" to lowercase where applicable.
WAC 296-863-100 Scope.
Remove the definition of "Powered industrial truck (PIT)" from the end of this section – it's already in the definition section WAC 296-863-099.
WAC 296-863-200, 296-863-300, 296-863-400, 296-863-500, and 296-863-600.
Update listed chapters into a "You must meet the requirements" table.
WAC 296-900-100 through 296-900-17540.
Remove bold "You must" and bullet and add "You must" to the applicable requirements listed below it.
Change "The employer" to "You must" where applicable.
Change "shall" to "must" where applicable.
Change bullets/dashes/boxes to letters or numbers where applicable and renumber/reletter the rest of the section.
Change uppercase "and" and "or" to lowercase where applicable.
WAC 296-900-110, 296-900-120, 296-900-130, 296-900-150, 296-900-160, and 296-900-170.
Update listed chapters into a "You must meet the requirements" table.
New: WAC 296-803-099 Definitions, 296-811-099 Definitions, 296-818-099 Definitions, 296-824-099 Definitions, 296-835-099 Definitions, 296-841-099 Definitions, 296-863-099 Definitions, and 296-900-099 Definitions.
Repealing: WAC 296-803-800 Definitions, 296-811-600 Definitions, 296-818-500 Definitions, 296-824-800 Definitions, 296-835-140 Definitions, 296-841-300 Definitions, 296-863-700 Definitions, 296-900-17510 Definitions, and 296-900-180 Definitions.
Reasons Supporting Proposal: When the agency updated its web site, DOSH rules in HTML were broken and DOSH began forwarding rule users to the office of the code reviser web site, causing more confusion among customers. This rule package will resolve stakeholder issues that have caused confusion for rule users by bringing one clear and consistent format to all of our rules.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Statute Being Implemented: Chapter 49.17 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Chris Miller, Tumwater, Washington, (360) 902-5516; Implementation and Enforcement: Anne Soiza, Tumwater, Washington, (360) 902-5090.
No small business economic impact statement has been prepared under chapter 19.85 RCW. According to RCW 19.85.025(3) which references RCW 34.05.310 (4)(d), no small business economic impact statement is required for this rule making.
A cost-benefit analysis is not required under RCW 34.05.328. According to RCW 34.05.328 (5)[(b)](iv), no cost-benefit analysis is required for this rule making.
May 23, 2017
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 00-06-075, filed 3/1/00, effective 4/10/00)
WAC 296-65-003 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this standard.
(("))Approved((" means)). Approved by the department.
(("))Asbestos((")). Includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, and actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.
(("))Asbestos abatement project. An asbestos project involving three square feet or three linear feet, or more, of asbestos containing material.
Asbestos fiber((" means)). Asbestos fiber as defined in WAC 296-62-07703 as "fiber."
(("Asbestos abatement project" means an asbestos project involving three square feet or three linear feet, or more, of asbestos containing material.))
(("))Asbestos project((")). Includes the construction, demolition, repair, remodeling, maintenance or renovation of any public or private building or structure, mechanical piping equipment or system involving the demolition, removal, encapsulation, salvage, or disposal of material or outdoor activity releasing or likely to release asbestos fibers into the air.
(("))Certificate. A certificate issued by the department that must include the name of person awarded the certificate, certificate number, the discipline for which certification was conferred, training and examination dates, the course provider's name and address, and the course provider's telephone number, expiration date, and a statement that the person receiving the certificate has completed the training for asbestos accreditation under TSCA Title II.
Certified asbestos contractor((" means)). Any partnership, firm, association, corporation or sole proprietorship, registered under chapter 18.27 RCW, that submits a bid, or contracts to remove or encapsulate asbestos for another and is certified by the department to remove or encapsulate asbestos.
(("Certificate" means a certificate issued by the department that shall include the name of person awarded the certificate, certificate number, the discipline for which certification was conferred, training and examination dates, the course provider's name and address, and the course provider's telephone number, expiration date, and a statement that the person receiving the certificate has completed the training for asbestos accreditation under TSCA Title II.
"))Certified asbestos supervisor((" means)). An individual who is certified by the department under WAC 296-65-012.
(("))Certified asbestos worker((" means)). An individual certified by the department under WAC 296-65-010.
(("Department" means the department of labor and industries.
"))Demolition((" means)). The activity of razing a structure which includes the wrecking, removal, or dismantling of any load-supporting structural member of any facility including any related handling operations.
(("))Department. The department of labor and industries.
Director((" means)). The director of the department of labor and industries or the director's designee.
(("))Emergency project((" means)). A project that was not planned but results from a sudden, unexpected event and does not include operations that are necessitated by nonroutine failures of equipment or systems.
(("))Encapsulation((" means)). The application of an encapsulant to asbestos containing materials to control the release of asbestos fibers into the air. The encapsulation process either creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).
(("))EPA MAP((" means)). The environmental protection agency model accreditation plan for asbestos requirements in 40 C.F.R. Part 763.
(("))HEPA filtration((" means)). High-efficiency particulate air filtration found in respirators and vacuum systems capable of filtering 0.3 micron particles with 99.97% efficiency.
(("))Intact((" means)). That the asbestos containing material has not crumbled, been pulverized, or otherwise deteriorated so that it is no longer likely to be bound with its matrix.
(("))NESHAP((" means)). The National Emission Standards for Hazardous Air Pollutants.
(("))Owner((" means)). The person who owns any public or private building, structure, facility, or mechanical system, or the remnants thereof, or the agent of such person, but does not include individuals who work on asbestos projects in their own single-family residences, no part of which is used for commercial purposes.
(("))Person((" means)). Any individual, partnership, firm, association, corporation, sole proprietorship, or the state of Washington or its political subdivisions.
(("))Revocation((" means)). A permanent withdrawal of a certification issued by the department.
(("))Suspension((" means)). A temporary withdrawal of a certification issued by the department. No suspension ((shall)) must be less than six months or longer than one year.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-65-005 Asbestos worker training course content.
An approved asbestos worker training course ((shall)) must consist of four days of training with a minimum of thirty-two hours. This initial training course ((shall)) must provide, at a minimum, information on the following topics:
(1) The physical characteristics of asbestos including types, fiber size, aerodynamic characteristics and physical appearance.
(2) Examples of different types of asbestos and asbestos-containing materials. Real asbestos ((shall)) must be used only for observation by trainees and ((shall)) must be enclosed in sealed unbreakable containers.
(3) The health hazards of asbestos including the nature of asbestos related diseases, routes of exposure, dose-response relationships, synergism between cigarette smoking and asbestos exposure, latency period of diseases, hazards to immediate family, and the health basis for asbestos standards.
(4) Employee personal protective equipment including the classes and characteristics of respirator types, limitations of respirators, proper selection, inspection, donning, use, maintenance and storage procedure, methods for field checking of the facepiece-to-face seal (positive and negative-pressure checks), qualitative and quantitative fit testing procedures, variability between field and laboratory protection factors, factors that alter respirator fit (e.g., eye glasses and facial hair), the components of a proper respiratory protection program, respirator program administrator, requirements on oil lubricated reciprocating piston compressors for breathing air, and selection and use of personal protective clothing. Qualitative or quantitative fit testing ((shall)) must be performed on at least one student for demonstration purposes and in accordance with WAC 296-62-07715 and 296-62-07739.
(5) Use, storage and handling of launderable clothing, nonslip footwear, gloves, eye protection and hard hats.
(6) Medical monitoring procedures and requirements, including the provisions of chapter 296-842 WAC, any additional recommended procedures and tests, benefits of medical monitoring and employee access to records.
(7) Air monitoring procedures and requirements specified in WAC 296-62-07709, including a description of equipment, sampling methods and strategies, reasons for air monitoring, types of samples, including area, personal and clearance samples, current standards with proposed changes if any, employee observation and notification, recordkeeping and employee access to records, interpretation of air monitoring results, and analytical methods for bulk and air samples.
(8) State-of-the-art work practices for asbestos removal and encapsulation activities including purpose, proper construction and maintenance of barriers and decontamination enclosure systems, posting of warning signs, electrical and ventilation system lock-out, proper working techniques and tools with vacuum attachments for minimizing fiber release, use of wet methods and surfactants, use of negative-pressure ventilation equipment for minimizing employee exposure to asbestos fibers and contamination prevention, scoring and breaking techniques for rigid asbestos products, glove bag techniques, recommended and prohibited work practices, potential exposure situations, emergency procedures for sudden releases, use of HEPA vacuums and proper clean-up and disposal procedures. Work practice requirements for removal, encapsulation, enclosure, repair, and waste transportation ((shall)) must be discussed individually. Appropriate work practices for both indoor and outdoor asbestos projects ((shall)) must be included.
(9) Personal hygiene including entry and exit procedures for the work area, use of showers and prohibition of eating, drinking, smoking and chewing (gum or tobacco) in the work area. Potential exposures, such as family exposure ((shall)) must also be included.
(10) Additional safety hazards that may be encountered during asbestos removal and encapsulation activities and hazard abatement, including electrical hazards, scaffold and ladder hazards, slips, trips and falls, confined spaces, noise, and heat stress.
(11) The requirements, procedures and standards established by:
(a) The Environmental Protection Agency, 40 C.F.R. Part 61, Subparts A and M, and 40 C.F.R. Part 763.
(b) Washington state department of ecology.
(c) Local air pollution control agencies.
(d) Washington state department of labor and industries, division of industrial safety and health, chapter 49.17 RCW (Washington Industrial Safety and Health Act), chapter 49.26 RCW (Health and safety—Asbestos), and ensuing regulations.
(12) Actual worksite considerations.
(13) The instruction required by this section ((shall)) must include, at a minimum fourteen hours of hands-on training for the following:
(a) Glove bag techniques;
(b) The opportunity to don respirators including half facepiece and full facepiece air purifying respirators, powered air purifying respirators (PAPR), and Type-C supplied-air respirators;
(c) Removal of sprayed-on or troweled-on material, and pipe lagging;
(d) Basic construction of a decontamination unit, and proper entry and exit;
(e) Suit-up in protective clothing consisting of coveralls, foot coverings and head coverings.
(14) Course review, a review of the key aspects of the training course.
(15) Asbestos-containing materials ((shall)) must not be used for hands-on training.
(16) In recognition that asbestos abatement is an evolving industry, the department reserves the right to require additional subjects to be taught and to specify the amount of time which ((shall)) must be allotted to adequately cover required subjects. To ((assure)) ensure adequate coverage of required material, each sponsor ((shall)) must be provided and required to incorporate into the training course, a detailed outline of subject matter developed by the department.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-65-007 Asbestos supervisor training course content.
An approved asbestos supervisor training course ((shall)) must consist of at least five days of training. This initial training course ((shall)) must include lectures, demonstrations, at least fourteen hours of hands-on training, course review and a written examination. Audio-visual materials, where appropriate, are recommended to complement lectures. The training course ((shall)) must provide, at a minimum, information on the following topics:
(1) The physical characteristics of asbestos and asbestos-containing materials including identification of asbestos, aerodynamic characteristics, typical uses, physical appearance, hazard assessment considerations, and a summary of abatement control options.
(2) Health effects related to asbestos exposure including the nature of asbestos related diseases, routes of exposure, dose-response relationships and the lack of a safe level of exposure, synergism between asbestos exposure and cigarette smoking, latency period, hazards to the immediate family and the health basis for the standard.
(3) Employee personal protective equipment including the classes and characteristics of respirator types, limitations of respirators, proper selection, inspection, donning, use, maintenance, and storage procedures, methods for field checking of the facepiece-to-face seal (positive and negative pressure checks), variability between field and laboratory protection factors, quantitative and qualitative fit test requirements, factors that alter respirator fit (facial hair, scars, etc.), the components of a proper respirator program, requirements for oil lubricated reciprocating compressors, maintenance of Type-C systems, standards for breathing air, selection and use of personal protective clothing, use, storage, and handling of nondisposable clothing, and regulations covering personal protective equipment.
(4) State-of-the-art work practices for asbestos removal and encapsulation activities including purpose, proper construction and maintenance of barriers and decontamination enclosure systems, posting of warning signs, electrical and ventilation system lock-out, proper working techniques and tools with vacuum attachments for minimizing fiber release, use of wet methods and surfactants, use of negative-pressure ventilation equipment for minimizing employee exposure to asbestos fibers and contamination prevention, scoring and breaking techniques for rigid asbestos products, glove bag techniques, recommended and prohibited work practices, potential exposure situations, emergency procedures for sudden releases, use of HEPA vacuums and proper clean-up and disposal procedures. Work practice requirements for removal, encapsulation, and repair ((shall)) must be discussed separately. Appropriate work practices for both indoor and outdoor asbestos projects ((shall)) must be included.
(5) Personal hygiene including entry and exit procedures for the work area, use of showers and prohibition of eating, drinking, smoking, and chewing (gum and tobacco) in the work area. Potential exposures, such as family exposure ((shall)) must also be included.
(6) Additional safety hazards that may be encountered during asbestos abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards, scaffold and ladder hazards, slips, trips, and falls, confined space entry requirements, and noise hazards.
(7) Medical monitoring procedures and requirements, including the provisions of chapter 296-842 WAC, any additional recommended procedures and tests, benefits of medical monitoring and recordkeeping requirements.
(8) Air monitoring procedures and requirements specified in WAC 296-62-07709, including a description of equipment, sampling methods and strategies, reasons for air monitoring, types of samples, including area, personal and clearance samples, a description of aggressive sampling, current standards with proposed changes if any, employee observation and notification, recordkeeping, interpretation of air monitoring results, specifically from analyses performed by polarized light, phase contrast, and electron microscopy.
(9) The requirements, procedures, and standards established by:
(a) The Environmental Protection Agency, 40 C.F.R. Part 61, Subparts A and M, and 40 C.F.R. Part 763.
(b) The Washington state department of ecology.
(c) Local air pollution control agencies.
(d) Washington state department of labor and industries, division of industrial safety and health, chapter 49.17 RCW (Washington Industrial Safety and Health Act), chapter 49.26 RCW (Health and safety—Asbestos), and ensuing regulations.
(10) Actual worksite considerations.
(11) Insurance and liability issues including contractor issues, industrial insurance coverage and exclusions, third party liabilities and defenses, private insurance coverage and exclusions, recordkeeping recommended for legal and insurance purposes.
(12) Supervisory techniques for asbestos abatement projects including supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices.
(13) Contract specifications including a discussion of the key elements to be included in contract specifications.
(14) A minimum of fourteen hours of hands-on training for the following:
(a) Calibration of air-sampling equipment;
(b) Routine maintenance of air-purifying and air-supplied respirators;
(c) Setup of a decontamination unit including calculating the number of negative air machines needed as well as proper placement of the machines within the enclosure; and
(d) Quantitative and qualitative fit-testing protocols.
(15) Course review, a review of the key aspects of the training course.
(16) In recognition that asbestos abatement is an evolving industry, the department reserves the right to require additional subjects to be taught and to specify the amount of time which ((shall)) must be allotted to adequately cover required subjects. To ((assure)) ensure adequate coverage of required material, each sponsor ((shall)) must be provided and required to incorporate into their training course, a detailed outline of subject matter developed by the department.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-65-010 Asbestos worker certification.
(1) For the purposes of this section "individual" means any natural person.
(2) To qualify for an asbestos worker certificate, an individual must do the following:
(a) Successfully complete an approved asbestos worker training course;
(b) Achieve a score of at least seventy percent on a one hundred question multiple choice closed book examination approved by the department but administered by the training course sponsor. If an individual does not pass the examination, then another examination (meeting the above criteria) may be given after a sufficient period of study. The new examination must not duplicate more than fifty percent of the questions used on prior examinations;
(c) Submit to the department a timely application validated by an approved training course sponsor. To be considered timely, an application must be received by the department no later than sixty days after the completion of the course. In the event that an application is not timely, the individual will be required to pass, with a score of at least seventy percent, an examination administered by the department. A nonrefundable fifty-dollar fee will be assessed when the application is submitted to the department; and
(d) Pay the fee prescribed in WAC 296-65-025.
(3) Individuals must not perform any asbestos project work prior to issuance of the certificate.
(4) Certificates will be issued and mailed to the individual applicants and will be valid for one year from the date of issuance.
(5) Certified asbestos workers ((shall)) must attend an eight-hour worker refresher course prior to certificate renewal.
(a) The course ((shall)) must, at a minimum, adequately review the subjects required by WAC 296-65-005, update information on state-of-the-art procedures and equipment, and review regulatory changes and interpretations. The department may require specific subjects.
(b) An application for renewal of the certificate must be validated by the refresher training course instructor.
(c) The refresher course must be taken prior to expiration of the certificate.
(d) The department must receive the certificate renewal application no later than the expiration date of the current certificate. Applicants missing this renewal deadline will be required to pass, with a score of seventy percent, an examination administered by the department. A nonrefundable fifty-dollar fee will be charged to take this examination.
(e) Individuals whose certificates have been expired for more than six months will be required to retake the entire basic worker course.
(6) The initial TSCA Title II worker accreditation certificate and the current worker certificate must be available for inspection at all times at the location of the asbestos project.
(7) The department may suspend or revoke a certificate as provided in WAC 296-65-050 and chapter 296-900 WAC.
AMENDATORY SECTION (Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)
WAC 296-65-015 Training course approval.
(1) Basic and refresher asbestos training courses may be sponsored by any individual, person, or other entity having department approval. Approval ((shall)) must be contingent on the sponsor's compliance, as applicable, with licensing requirements established by the state board of vocational education.
(2) Prior to receiving department approval, each course ((shall)) must be evaluated by the department for the breadth of knowledge and experience required to properly train asbestos workers or supervisors. Course content ((shall)) must be carefully scrutinized for adequacy and accuracy. Training techniques will be evaluated by the department.
(3) Sponsors of basic and refresher training courses proposed for approval must submit:
(a) Background information about course sponsors;
(b) Course locations and fees;
(c) Copies of course handouts;
(d) A detailed description of course content and the amount of time allotted to each major topic;
(e) A description of teaching methods to be utilized and a list of all audio-visual materials; the department may, in its discretion, request that copies of the materials be provided for review. Any audio-visual materials provided to the department will be returned to the applicant;
(f) A list of all personnel involved in course preparation and presentation and a description of the background, special training and qualifications of each. Instructors ((shall)) must have academic and/or field experience in asbestos abatement. The department may, in its discretion, require proposed instructors to pass an examination on subjects related to their respective topics of instruction;
(g) A description of student evaluation methods and a copy of the required written examination including the scoring methodology to be used in grading the examination;
(h) A description of course evaluation methods;
(i) Any restrictions on attendance (language, class size, affiliation, etc.);
(j) A list of any other states that currently approve the training course;
(k) A letter from the course provider that clearly indicates how the course provider meets the EPA MAP requirements; and
(l) The amount and type of hands-on training for initial training courses.
(4) Application for training course approval and course materials ((shall)) must be submitted to the department at least sixty days prior to the requested approval date. Materials may be mailed to:
Asbestos Certification Program
Department of Labor and Industries
P.O. Box 44614
Olympia, Washington 98504-4614
(5) The decision to grant or renew approval of a basic or refresher asbestos training course ((shall)) must be in the sole discretion of the department.
Following approval of a basic or refresher asbestos training course, the department will issue the course sponsor an approval which is valid for one year from the date of issuance. Application for renewal must follow the procedures described in subsections (3) and (4) of this section.
Following approval of a basic or refresher asbestos training course, in recognition that asbestos abatement is an evolving industry, the department reserves the right to require additional subjects to be taught and to specify the amount of time which ((shall)) must be allotted to adequately cover required subjects. To ((assure)) ensure adequate coverage of required material, each sponsor ((shall)) must be provided and required to incorporate into their training course, a detailed outline of subject matter developed by the department.
(6) To be considered timely, the training course approval renewal must be received by the department no later than thirty days before the certificate expiration date.
(7) Any changes to a training course must be approved by the department in advance.
(8) The course sponsor ((shall)) must provide the department with a list of all persons who have completed a basic or refresher training course. The list must be provided no later than ten days after a course is completed and must include the name and address of each trainee.
(9) The course sponsor must notify the department, in writing, at least fourteen days before a training course is scheduled to begin. The notification must include the date, time and address where the training will be conducted.
(10) A representative of the department may, at the department's discretion, attend a training course as an observer to verify that the training course is conducted in accordance with the program approved by the department.
(11) Course sponsors conducting training outside the state of Washington ((shall)) must reimburse the department for reasonable travel expenses associated with department audits of the training courses. Reasonable travel expenses are defined as current state of Washington per diem and travel allowance rates including airfare and/or surface transportation rates. Such reimbursement ((shall)) must be paid within thirty days of receipt of the billing notice.
(12) The training course sponsor ((shall)) must limit each class to a maximum of thirty participants.
(13) The instructor to student ratio ((shall)) must not exceed one-to-ten for any of the training required by WAC 296-65-005(13) and 296-65-007(14).
(14) The department may terminate the training course approval, if in the department's judgment the sponsor fails to maintain the course content and quality as initially approved, or fails to make changes to a course as required by WAC 296-65-015(5). The minimum criteria for withdrawal of training course approval ((shall)) must include:
(a) Misrepresentation of the extent of training courses approval by a state or EPA;
(b) Failure to submit required information or notification in a timely manner;
(c) Failure to maintain requisite records;
(d) Falsification of accreditation records, instructor qualifications, or other accreditation information; or
(e) Failure to adhere to the training standards and accreditation requirements of chapter 296-65 WAC.
(15) Any "notice of termination of training course approval" issued by the department may act as an order of immediate restraint as described by RCW 49.17.130.
(16) Recordkeeping requirements for training providers: All approved providers of accredited asbestos training courses must comply with the following minimum recordkeeping requirements:
(a) Training course materials. A training provider must retain copies of all instructional materials used in delivery of the classroom training such as student manuals, instructor notebooks and handouts.
(b) Instructor qualifications. A training provider must retain copies of all instructors' resumes, and the documents approving each instructor issued by either EPA or the department. Instructors must be approved by the department before teaching courses for accreditation purposes. A training provider must notify the department in advance whenever it changes course instructors. Records must accurately identify the instructors that taught each particular course for each date that a course is offered.
(c) Examinations. A training provider must document that each person who receives an accreditation certificate for an initial training course has achieved a passing score on the examination. These records must clearly indicate the date upon which the exam was administered, the training course and discipline for which the exam was given, the name of the person who proctored the exam, a copy of the exam, and the name and test score of each person taking the exam. The topic and dates of the training course must correspond to those listed on that person's accreditation certificate.
(d) Accreditation certificates. The training providers ((shall)) must maintain records that document the names of all persons who have been awarded certificates, their certificate numbers, the disciplines for which accreditation was conferred, training and expiration dates, and the training location. The training provider ((shall)) must maintain the records in a manner that allows verification by telephone of the required information.
(e) Verification of certificate information. Training providers of refresher training courses ((shall)) must confirm that their students possess valid accreditation before granting course admission.
(f) Records retention and access.
(i) The training provider ((shall)) must maintain all required records for a minimum of three years. The training provider, however, may find it advantageous to retain these records for a longer period of time.
(ii) The training provider must allow reasonable access to all of the records required by the MAP, and to any other records which may be required by the department for the approval of asbestos training providers or the accreditation of asbestos training courses, to both EPA and to the department, on request.
(iii) If a training provider ceases to conduct training, the training provider ((shall)) must notify the department and give it the opportunity to take possession of that provider's asbestos training records.
(17) A representative of the department may, at the department's discretion, provide an examination as a substitution to the examination administered by the training course provider. The examination replacement will be used to verify that the training course is conducted in accordance with the program approved by the department.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-65-017 Contractor certification.
(1) In order to obtain certification, an asbestos contractor must submit an application to the department. The application ((shall)) must provide the following information:
(a) A list of asbestos projects conducted by the contractor during the previous twelve months. Such list ((shall)) must include for each project:
(i) Project name;
(ii) Location;
(iii) Brief description;
(iv) Identity of any citations or enforcement actions issued for violations of asbestos regulations by any local, state, or federal jurisdiction relative to each individual project; and
(v) Name of the on-site project manager or supervisor.
(b) A list of asbestos supervisors (include certification number) working for the company.
(c) A statement certifying that the contractor has read and understands all applicable Washington state rules and regulations regarding asbestos abatement and will comply with them.
(d) A statement certifying that the applicant contractor's asbestos license or accreditation issued by any other state or jurisdiction has not been revoked, suspended, or denied by that state or jurisdiction.
(2) Upon approval, the department will issue the contractor a certificate. Denial of approval ((shall)) must be in writing.
(3) Certificates ((shall)) must be valid for a period of twelve months. Certificates may be extended during department review of a renewal application.
Note:
In circumstances where it is necessary to coordinate an expiration date with the date of expiration of a contractor registration issued under chapter 18.27 RCW, certificates may be valid for less than one year. In such circumstances, the certificate fee prescribed in WAC 296-65-025 shall be prorated accordingly for the initial application only.
(4) The application for certificate renewal ((shall)) must contain the information specified in subsection (1) of this section.
(5) Applications for renewal must be received by the department not less than sixty days before the certificate expires.
(6) The department may suspend or revoke the certificate as provided in WAC 296-65-050 and chapter 296-900 WAC.
AMENDATORY SECTION (Amending WSR 99-17-026, filed 8/10/99, effective 11/10/99)
WAC 296-65-020 Notification requirements.
(1) Before any person or individual begins an asbestos project as defined in WAC 296-62-07722 and 296-65-003 involving more than forty-eight square feet or ten linear feet, unless the surface area of the pipe is greater than forty-eight square feet, of asbestos containing material, written notification must be provided to the department. Notices must include:
(a) Name and address of the owner and contractor.
(b) Description of the facility including size, age, and prior use of the facility.
(c) Amount of asbestos-containing material to be removed or encapsulated.
(d) Location of the facility.
(e) Exact starting and completion dates of the asbestos project, including shifts during which abatement work will be accomplished. These dates must correspond to the dates specified for asbestos removal in the contract. Any change in these dates or work shifts must be communicated to the department by an amended notice filed at the office where the original notice was filed.
(()) (i) When the starting date or time changes, the amended notice must be filed no later than 5:00 p.m. on the business day prior to the starting date in the original notice and prior to the new starting date.
(()) (ii) When the completion date or time changes, the amended notice must be filed before completion of the project, and within eight hours from when the person learns that the change will occur.
(iii) Notice may be filed by facsimile (fax).
(f) Nature of the project and methods used to remove or encapsulate the material.
(2) Notices must be received by the department no later than ten days prior to the start of the project. Notices must be sent directly to the department of labor and industries regional office having jurisdiction on the project.
(3) The director may waive the prenotification requirement upon written request of an owner for large-scale, on-going projects. In granting such a waiver, the director will require the owner to provide prenotification if significant changes in personnel, methodologies, equipment, work site, or work procedures occur or are likely to occur. The director will further require annual resubmittal of such notification.
(4) The director, upon review of an owner's reports, work practices, or other data available as a result of inspections, audits, or other authorized activities, may reduce the size threshold for prenotification required by this section. Such a change will be based on the director's determination that significant problems in personnel, methodologies, equipment, work site, or work procedures are creating the potential for violations of this chapter.
(5) Emergency projects which disturb or release asbestos into the air must be reported to the department within three working days after commencement of the project in the manner otherwise required under this chapter. The employees, the employees' collective bargaining representative or employee representative, if any, and other persons at the project area must be notified of the emergency as soon as possible by the person undertaking the emergency project. A notice describing the nature of the emergency project must be clearly posted adjacent to the work area.
(6) Incremental phasing in the conduct or design of asbestos projects or otherwise conducting or designing asbestos projects of a size less than the threshold exemption specified in subsection (1) of this section, with the intent of avoiding the notification requirements, is a violation of this chapter.
AMENDATORY SECTION (Amending WSR 99-17-026, filed 8/10/99, effective 11/10/99)
WAC 296-65-030 Methods of compliance.
(1) Before submitting a bid or working on an asbestos abatement project, any person or individual must obtain an asbestos contractor certificate as provided in WAC 296-65-017 and must have in its employ at least one certified asbestos supervisor responsible for supervising all asbestos projects undertaken by the contractor.
(2) A certified asbestos supervisor will not be required on asbestos projects involving less than three square feet or three linear feet of asbestos-containing material unless the surface area of the pipe is greater than three square feet. A certified asbestos supervisor is required for all Class I and II asbestos work in accordance with WAC 296-62-07728(4).
(3) No employee or other individual is eligible to do work or supervise an asbestos project without being issued a certificate by the department.
(a) Employees performing Class I or Class II asbestos work must be certified asbestos workers as specified in WAC 296-62-07722.
(b) Employees performing Class III or Class IV asbestos work specified by WAC 296-62-07722 as an asbestos project ((shall)) must be certified asbestos workers.
(4) No person may assign any employee, contract with, or permit any individual, to work on an asbestos project as specified in WAC 296-62-07722 in any facility without the project being performed by a certified asbestos worker.
(5) A certified asbestos supervisor must provide direct, on-site supervision for an asbestos project. When an employer conducts an asbestos abatement project in its own facility by its own certified employees, supervision may be performed in the regular course of a certified asbestos supervisor's duties. Asbestos workers must have access to and be under the control of certified asbestos supervisors throughout the duration of the project.
(6) Any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section must be halted immediately and cannot be resumed before meeting such requirements.
AMENDATORY SECTION (Amending WSR 96-05-056, filed 2/16/96, effective 4/1/96)
WAC 296-65-050 Denial, suspension, and revocation of certificates.
(1) The department may deny, suspend, or revoke a certificate for failure of the holder to comply with any requirement of this chapter or any applicable health and safety standards and regulations.
(2) The criteria for decertification for asbestos workers, supervisors, and contractors ((shall)) must include:
(a) Performing work requiring accreditation at a job site without being in physical possession of initial and current accreditation certificates;
(b) Permitting the duplication or use of one's own accreditation certificate by another;
(c) Performing work for which accreditation has not been received; or
(d) Obtaining accreditation from a training provider that does not have approval to offer training for the particular discipline from either EPA or from a state that has a contractor accreditation plan at least as stringent as the EPA MAP.
(3) The following persons are not certified for the purposes of this chapter and their respective certificate(s) ((shall)) must be revoked by the department:
(a) Any person who obtains accreditation through fraudulent representation of training or examination documents;
(b) Any person who obtains training documentation through fraudulent means;
(c) Any person who gains admission to and completes refresher training through fraudulent representation of initial or previous refresher training documentation; or
(d) Any person who obtains accreditation through fraudulent representation of accreditation requirements such as education, training, professional registration, or experience.
(4) Before any certificate may be denied, suspended, or revoked, the holder thereof ((shall)) must be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice ((shall)) must enumerate the allegations against such holder and ((shall)) must give him or her the opportunity to request a conference before the department. At such conference, the department and the holder ((shall)) must have opportunity to produce witnesses and give testimony.
(5) A denial, suspension, or revocation order may be appealed to the board of industrial insurance appeals within fifteen working days after the denial, suspension, or revocation order is entered. The notice of appeal may be filed with the department or the board of industrial insurance appeals. The board of industrial insurance appeals ((shall)) must hold the hearing in accordance with procedures established in RCW 49.17.140. Any party aggrieved by an order of the board of industrial insurance appeals may obtain superior court review in the manner provided in RCW 49.17.150.
(6) The department may suspend or revoke any certificate issued under this chapter for a period of not less than six months upon the following grounds:
(a) The certificate was obtained through error or fraud; or
(b) The holder thereof is judged to be incompetent to carry out the work for which the certificate was issued.
AMENDATORY SECTION (Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)
WAC 296-301-010 TextilesApplication requirements.
(1) Application. The requirements of this chapter for textile safety apply to the design, installation, processes, operation, and maintenance of textile machinery, equipment, and other plant facilities in all plants engaged in the manufacture and processing of textiles, except those processes used exclusively in the manufacture of synthetic fibers.
(2) These standards ((shall)) must be augmented by the Washington state general safety and health standards, and any other regulations of general application which are or will be made applicable to all industries.
(3) The provisions of this chapter ((shall)) must prevail in the event of conflict with or duplication of, provisions contained in chapter 296-24 WAC, the general safety and health standards, chapter 296-62 WAC, the general occupational health standards, and chapter 296-800 WAC, the safety and health core rule book.
(4) WAC 296-24-012 and 296-800-360 ((shall)) must apply where applicable to this industry.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-015 Definitions applicable to this chapter.
(((1) "))Belt shifter((" means)). A device for mechanically shifting a belt from one pulley to another.
(((2) "))Belt shifter lock((" means)). A device for positively locking the belt shifter in position while the machine is stopped and the belt is idling on the loose pulleys.
(((3) "))Calendar((" means)). A machine consisting of a set of heavy rollers mounted on vertical side frames and arranged to pass cloth between them. Calendars may have two to ten rollers, or bowls, some of which can be heated.
(((4) "Embossing calender" means a calender with two or more rolls, one of which is engraved for producing figured effects of various kinds on a fabric.
(5) "))Cans (drying)((" means)). Hollow cylindrical drums mounted in a frame so they can rotate. They are heated with steam and are used to dry fabrics or yarn as it passes around the perimeter of the can.
(((6) "))Carbonizing((" means)). The removing of vegetable matter such as burns, straws, etc., from wool by treatment with acid, followed by heat. The undesired matter is reduced to a carbon-like form which may be removed by dusting or shaking.
(((7) "Card" machine means a machine consisting of cylinders of various sizes—and in certain cases flats—covered with card clothing and set in relation to each other so that fibers in staple form may be separated into individual relationship. The speed of the cylinders and their direction of rotation varies. The finished product is delivered as a sliver. Cards of different types are: The revolving flat card, the roller-and-clearer card, etc.
(8) "))Card clothing((" means)). The material with which many of the surfaces of a card are covered; e.g., the cylinder, doffer, etc. It consists of a thick foundation material, usually made of textile fabrics, through which are pressed many fine, closely spaced, specially bent wires.
(((9) "))Card machine. A machine consisting of cylinders of various sizesand in certain cases flatscovered with card clothing and set in relation to each other so that fibers in staple form may be separated into individual relationship. The speed of the cylinders and their direction of rotation varies. The finished product is delivered as a sliver. Cards of different types are: The revolving flat card, the roller-and-clearer card, etc.
Comber((" means)). A machine for combing fibers of cotton, wool, etc. The essential parts are a device for feeding forward a fringe of fibers at regular intervals and an arrangement of combs or pins which, at the right time, pass through the fringe. All tangled fibers, short fibers, and neps are removed and the long fibers are laid parallel.
(((10) "))Combing machinery((" means)). A general classification, including combers, sliver lap machines, ribbon lap machines, and gill boxes, but excluding cards.
(((11) "))Continuous bleaching ranges. Ranges of several types and may be made for cloth in rope or open-width form. The goods, after wetting out, pass through a squeeze roll into a saturator containing a solution of caustic soda and then to an enclosed J-box. A V-shaped arrangement is attached to the front part of the J-box for uniform and rapid saturation of the cloth with steam before it is packed down in the J-box. The cloth, in a single strand rope form, passes over a guide roll down the first arm of the "V" and up the second. Steam is injected into the "V" at the upper end of the second arm so that the cloth is rapidly saturated with steam at this point. The J-box capacity is such that cloth will remain hot for a sufficient time to complete the scouring action. It then passes a series of washers with a squeeze roll in between. The cloth then passes through a second set of saturator, J-box, and washer, where it is treated with the peroxide solution. By slight modification of the form of the unit, the same process can be applied to open-width cloth.
Cutter (rotary staple)((" means)). A machine consisting of one or more rotary blades used for the purpose of cutting textile fibers into staple lengths.
(((12) "))Embossing calender. A calender with two or more rolls, one of which is engraved for producing figured effects of various kinds on a fabric.
Exposed to contact((" means that)). The location of an object, material, nip point, or point of operation is such that a person is liable to come in contact with it in his normal course of employment.
(((13) "))Garnett machine((" means)). Any of a number of types of machines for opening hard twisted waste of wool, cotton, silk, etc. Essentially, such machines consist of a lickerin; one or more cylinders, each having a complement worker and stripper rolls; and a fancy roll and doffer. The action of such machines is somewhat like that of a wool card, but it is much more severe in that the various rolls are covered with garnett wire instead of card clothing.
(((14) "))Gill box((" means)). A machine used in the worsted system of manufacturing yarns. Its function is to arrange the fibers in parallel order. Essentially, it consists of a pair of feed rolls and a series of followers where the followers move at a faster surface speed and perform a combing action.
(((15) "))Industrial organic solvent. Any organic volatile liquid or compound, or any combination of these substances which are used to dissolve or suspend a nonvolatile or slightly volatile substance for industrial utilization. It shall also apply to such substances when used as detergents or cleansing agents. It shall not apply to petroleum products when such products are used as fuel.
Interlock((" means)). A device that operates to prevent the operation of machine while the cover or door of the machine is open or unlocked, and which will also hold the cover or door closed and locked while the machine is in motion.
(((16) "))Jig (dye)((" means)). A machine for dyeing piece goods. The cloth, at full width, passes from a roller through the dye liquor in an open vat and is then wound on another roller. The operation is repeated until the desired shade is obtained.
(((17) "))Kier((" means)). A large metal vat, usually a pressure type, in which fabrics may be boiled out, bleached, etc.
(((18) "))Lapper (ribbon)((" means)). A machine used to prepare laps for feeding a cotton comb; its purpose is to provide a uniform lap in which the fibers have been straightened as much as possible.
(((19) "))Lapper (sliver)((" means)). A machine in which a number of parallel card slivers are drafted slightly, laid side by side in a compact sheet, and wound into a cylindrical package.
(((20) "))Loom((" means)). A machine for effecting the interlacing of two series of yarns crossing one another at right angles. The warp yarns are wound on a warp beam and pass through heddles and reed. The filling is shot across in a shuttle and settled in place by reed and lay, and the fabric is wound on a cloth beam.
(((21) "Starch mangle" means a mangle that is used specifically for starching cotton goods. It commonly consists of two large rolls and a shallow open vat with several immersion rolls. The vat contains the starch solution.
(22) "Water mangle" means a calender having two or more rolls used for squeezing water from fabrics before drying. Water mangles also may be used in other ways during the finishing of various fabrics.
(23) "))Mule((" means)). A type of spinning frame having a head stock and a carriage as its two main sections. The head stock is stationary. The carriage is movable and it carries the spindles which draft and spin the roving into the yarn. The carriage extends over the whole width of the machine and moves slowly toward and away from the head stock during the spinning operation.
(((24) "))Nip((" means)). The point of contact between two in-running rolls.
(((25) "))Openers and pickers((" means)). A general classification which includes breaker pickers, intermediate pickers, finisher pickers, single process pickers, multiple process pickers, willow machines, card and picker waste cleaners, thread extractors, shredding machines, roving waste openers, shoddy pickers, bale breakers, feeders, vertical openers, lattice cleaners, horizontal cleaners, and any similar machinery equipped with either cylinders, screen section, calender section, rolls, or beaters used for the preparation of stock for further processing.
(((26) "))Paddler((" means)). Equipment consisting of a trough for a solution and two or more squeeze rolls between which cloth passes after being passed through a mordant or dye bath.
(((27) "))Point of operation((" means)). That part of the machine where the work of cutting, shearing, squeezing, drawing, or manipulating the stock in any other way is done.
(((28) "))Roller printing machine((" means)). A machine consisting of a large central cylinder, or pressure bowl, around the lower part of the perimeter of which is placed a series of engraved color rollers (each having a color trough), a furnisher roller, doctor blades, etc. The machine is used for printing fabrics.
(((29) "Continuous bleaching ranges" means ranges of several types and may be made for cloth in rope or open-width form. The goods, after wetting out, pass through a squeeze roll into a saturator containing a solution of caustic soda and then to an enclosed J-box. A V-shaped arrangement is attached to the front part of the J-box for uniform and rapid saturation of the cloth with steam before it is packed down in the J-box. The cloth, in a single strand rope form, passes over a guide roll down the first arm of the "V" and up the second. Steam is injected into the "V" at the upper end of the second arm so that the cloth is rapidly saturated with steam at this point. The J-box capacity is such that cloth will remain hot for a sufficient time to complete the scouring action. It then passes a series of washers with a squeeze roll in between. The cloth then passes through a second set of saturator, J-box, and washer, where it is treated with the peroxide solution. By slight modification of the form of the unit, the same process can be applied to open-width cloth.
(30) "))Mercerizing range((" generally means)). A 3-bowl mangle, a tenter frame, and a number of boxes for washing and scouring. The whole setup is in a straight line and all parts operate continuously. The combination is used to saturate the cloth with sodium hydroxide, stretch it while saturated, and washing out most of the caustic before releasing tension.
(((31) "))Sanforizing machine((" means)). A machine consisting of a large steam-heated cylinder, an endless, thick, woolen felt blanket which is in close contact with the cylinder for most of its perimeter, and an electrically heated shoe which presses the cloth against the blanket while the latter is in a stretched condition as it curves around feed-in roll.
(((32) "))Shearing machine((" means)). A machine used in shearing cloth. Cutting action is provided by a number of steel blades spirally mounted on a roller. The roller rotates in close contact with a fixed ledger blade. There may be from one to six such rollers on a machine.
(((33) "))Singeing machine((" means)). A machine used particularly with cotton, comprised of a heated roller, plate, or an open gas flame. The material is rapidly passed over the roller or the plate or through the open gas flame to remove fuzz or hairiness on yarn or cloth by burning.
(((34) "))Slasher((" means)). A machine used for applying a size mixture to warp yarns. Essentially, it consists of a stand for holding section beams, a size box, one or more cylindrical dryers or an enclosed hot air dryer, and a beaming end for finding the yarn on the loom beams.
(((35) "Industrial organic solvent" means any organic volatile liquid or compound, or any combination of these substances which are used to dissolve or suspend a nonvolatile or slightly volatile substance for industrial utilization. It shall also apply to such substances when used as detergents or cleansing agents. It shall not apply to petroleum products when such products are used as fuel.
(36) "))Starch mangle. A mangle that is used specifically for starching cotton goods. It commonly consists of two large rolls and a shallow open vat with several immersion rolls. The vat contains the starch solution.
Tenter frame((" means)). A machine for drying cloth under tension. It essentially consists of a pair of endless traveling chains fitted with clips of fine pins and carried on tracks. The cloth is firmly held at the selvages by the two chains which diverge as they move forward so that the cloth is brought to the desired width.
(((37) "))Warper((" means)). Any machine for preparing and arranging the yarns intended for the warp of a fabric, specifically, a beam warper.
Water mangle. A calender having two or more rolls used for squeezing water from fabrics before drying. Water mangles also may be used in other ways during the finishing of various fabrics.
AMENDATORY SECTION (Amending WSR 04-18-080, filed 8/31/04, effective 11/1/04)
WAC 296-301-020 General safety requirements.
(1) Means of stopping machines. Every textile machine ((shall)) must be provided with individual mechanical or electrical means for stopping such machines. On machines driven by belts and shafting a locking-type shifter or an equivalent positive device ((shall)) must be used. On operations where injury to the operator might result if motors were to restart after power failures, provision ((shall)) must be made to prevent machines from automatically restarting upon restoration of power.
(2) Handles. Stopping and starting handles ((shall)) must be designed to the proper length to prevent the worker's hand or fingers from striking against any revolving part, gear guard, or any other part of the machine.
(3) Machine guarding. ((An employer)) You must ensure that power transmission parts are guarded according to the requirements of WAC 296-24-205 through 296-24-20527.
(4) Housekeeping. Aisles and working spaces ((shall)) must be kept in good order in accordance with requirements of WAC 296-24-735 through 296-24-73505 and WAC 296-800-220.
(5) Inspection and maintenance. All guards and other safety devices, including starting and stopping devices, ((shall)) must be properly maintained.
(6) ((Lighting and illumination.)) Lighting and illumination ((shall)) must conform to the safety and health core rule book, WAC 296-800-210.
(7) ((Identification of piping systems.)) Identification of piping systems ((shall)) must conform to American National Standard A13.1-1956.
(8) Steam pipes. All pipes carrying steam or hot water for process or servicing machinery, when exposed to contact and located within seven feet of the floor or working platform ((shall)) must be covered with a heat-insulating material, or guarded with equivalent protection.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-025 Openers and pickers.
(1) Beater guards. When any opening or picker machinery is equipped with a beater, such beater ((shall)) must be provided with metal covers which will prevent contact with the beater. Such covers ((shall)) must be provided with an interlock which will prevent the cover from being raised while the machine is in motion and prevent the operation of the machine while the cover is open.
(2) ((Cleanout holes.)) Cleanout holes within reaching distance of the fan or picker beater ((shall)) must have their covers securely fastened and they ((shall)) must not be opened while the machine is in motion.
(3) Feed rolls. The feed rolls on all opening and picking machinery ((shall)) must be covered with a guard designed to prevent the operator from reaching the nip while the machinery is in operation.
(4) Removal of foreign ferrous material. All textile opener lines ((shall)) must be equipped with magnetic separators, tramp iron separators, or other means for the removal of foreign ferrous material.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-030 Cotton cards.
(1) Enclosures. Cylinder and lickerins ((shall)) must be equipped with guards and the doffers should be enclosed.
(2) Enclosure fastenings. The enclosures or covers ((shall)) must be kept in place while the machine is in operation, except when stripping or grinding.
(3) Stripping rolls. On operations calling for flat strippings which are allowed to fall on the doffer cover, where such strippings are removed by hand, the doffer cover ((shall)) must be kept closed and securely fastened to prevent the opening of the cover while the machine is in operation. When it becomes necessary to clean the cards while they are in motion, a long-handled brush or dust mop ((shall)) must be used.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-035 Garnett machines.
(1) Lickerin. Garnett lickerins ((shall)) must be enclosed.
(2) Fancy rolls. Garnett fancy rolls ((shall)) must be enclosed by covers. These ((shall)) must be installed in a way that keeps worker rolls reasonably accessible for removal or adjustment.
(3) Underside of machine. The underside of the garnett ((shall)) must be guarded by a screen mesh or other form of enclosure to prevent access while machine is running.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-040 Spinning mules.
A substantial fender of metal or hardwood ((shall)) must be installed in front of the carriage wheels, the fender to extend to within one-fourth inch of the rail.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-04501 Cylinder dryers.
(1) ((Reducing valves, safety valves, and pressure gages.)) Reducing valves, safety valves, and pressure gages ((shall)) must conform to the ASME Pressure Vessel Code, section VIII, Unfired Pressure Vessels, 1968.
(2) ((Vacuum relief valves.)) Vacuum relief valves ((shall)) must conform to the ASME Code for Pressure Vessels, section VIII, Unfired Pressure Vessels, 1968.
(3) Lever control. When slashers are operated by control levers, these levers ((shall)) must be connected to a horizontal bar or treadle located not more than 69 inches above the floor to control the operation from any point.
(4) Pushbutton control. Slashers operated by pushbutton control ((shall)) must have stop and start buttons located at each end of the machine, and additional buttons located on both sides of the machine, at the size box and the delivery end. If calender rolls are used, additional buttons ((shall)) must be provided at both sides of the machine at points near the nips, except when slashers are equipped with an enclosed dryer.
(5) Nip guards. All nip guards ((shall)) must comply with the requirements of WAC 296-301-04503(4).
(6) Cylinder enclosure. When enclosures or hoods are used over cylinder drying rolls, such enclosures or hoods ((shall)) must be provided with an exhaust system which will effectively prevent wet air and steam from escaping into the workroom.
(7) Expansion chambers. Slasher kettles and cookers ((shall)) must be provided with expansion chambers in the covers, or drains, to prevent surging over. Steam-control valves ((shall)) must be so located that they can be operated without exposing the worker to moving parts, hot surfaces, or steam.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-04503 Enclosed hot air dryers.
(1) Lever control. When slashers are operated by control levers, these levers ((shall)) must be connected to a horizontal bar or treadle located not more than 69 inches above the floor to control the operation from any point.
(2) Push-button control. Slashers operated by push-button control ((shall)) must have one start button at each end of the machine and stop buttons ((shall)) must be located on both sides of the machines at intervals spaced not more than 6 feet on centers.
Note:
Inching buttons should be installed.
(3) Dryer enclosure. The dryer enclosure ((shall)) must be provided with an exhaust system which will effectively prevent wet air and steam from escaping into the workroom.
(4) Nip guards. All nip guards ((shall)) must comply with Table R-1.
TABLE R-1
GUARD OPENINGS
Openings in the guard or between the guard and working surface ((shall)) must not be greater than the following:
Distance of
opening
from nip point
 
Maximum
width of opening
0 to 1 1/2
 
 
1/4
1 1/2 to 2 1/2
 
 
3/8
2 1/2 to 3 1/2
 
 
1/2
3 1/2 to 5 1/2
 
 
5/8
5 1/2 to 6 1/2
 
 
3/4
6 1/2 to 7 1/2
 
 
7/8
7 1/2 to 8 1/2
 
1
1/4
The measurements in Table R-1 are all in inches.
(5) Expansion chambers. Slasher kettles and cookers ((shall)) must be provided with expansion chambers in the covers, or drains, to prevent surging over. Steam control valves ((shall)) must be so located that they can be operated without exposing the worker to moving parts, hot surfaces, or steam.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-050 Warpers.
(1) ((Swiveled double-bar gates.)) Swiveled double-bar gates ((shall)) must be installed on all warpers operating in excess of 450 yards per minute. These gates ((shall)) must be so interlocked that the machine cannot be operated until the gate is in the "closed position," except for the purpose of inching or jogging.
(2) ((Closed position.)) "Closed position" ((shall)) must mean that the top bar of the gate ((shall)) must be at least 42 inches from the floor or working platform; and the lower bar ((shall)) must be at least 21 inches from the floor or working platform; and the gate ((shall)) must be located 15 inches from the vertical tangent to the beam head.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-055 Drawing frames, slubbers, roving parts, cotton combers, ring spinning frames, twisters.
Gear housing covers on all installations of drawing frames, slubbers, roving frames, cotton combers, ring spinning frames, and twisters ((shall)) must be equipped with interlocks.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-060 Gill boxes.
(1) Pin guard. A pin guard ((shall)) must be placed ahead of the feed end and ((shall)) must be so designed that it will prevent the worker's fingers from being caught in the pins of the intersecting fallers.
(2) Nip guards. All nip guards ((shall)) must comply with the requirements of WAC 296-301-04503(4).
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-065 Heavy draw boxes, finishers, and speeders used in worsted drawing.
(1) Band pulley covers. Covers for band pulleys ((shall)) must be closed when the machine is in motion.
(2) ((Benches or working platforms.)) Benches or working platforms approximately 10 inches in height and 8 inches in width should be installed along the entire running length of the machine for the worker to stand on while creeling the machine. Such benches or platforms ((shall)) must be covered with an abrasive or nonslip material.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-070 Silver and ribbon lappers (cotton).
Cover guard. An interlocking cover guard ((shall)) must be installed over the large calender drums and the lap spool, designed to prevent the operator from coming in contact with the nip.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-075 Looms.
(1) Shuttle guard. Each loom ((shall)) must be equipped with a guard designed to minimize the danger of the shuttle flying out of the shed.
(2) Protection for loom fixer. Provisions ((shall)) must be made so that every loom fixer can prevent the loom from being started while he is at work on the loom. This may be accomplished by means of a lock, the key to which is retained in the possession of the loom fixer, or by some other effective means to prevent starting the loom.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-080 Shearing machines.
All revolving blades on shearing machines ((shall)) must be guarded so that the opening between the cloth surface and the bottom of the guard will not exceed three-eighths inch.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-085 Continuous bleach range (cotton and rayon).
(1) J-box protection. Each valve controlling the flow of steam, injurious gases, or liquids into a J-box ((shall)) must be equipped with a chain, lock, and key, so that any worker who enters the J-box can lock the valve and retain the key in his possession. Any other method which will prevent steam, injurious gases, or liquids from entering the J-box while the worker is in it will comply with this provision.
(2) Open-width bleaching. The nip of all in-running rolls on open-width bleaching machine rolls ((shall)) must be protected with a guard to prevent the worker from being caught at the nip. The guard ((shall)) must extend across the entire length of the nip.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-090 Kiers.
(1) ((Reducing valves, safety valves, and pressure gages.)) Reducing valves, safety valves, and pressure gages ((shall)) must conform to the ASME Code for Unfired Pressure Vessels, section VIII, Unfired Pressure Vessels, 1968.
(2) Kier valve protection. Each valve controlling the flow of steam, injurious gases, or liquids into a kier ((shall)) must be equipped with a chain, lock, and key, so that any worker who enters the kier can lock the valve and retains the key. Any other method which will prevent steam, injurious gases, or liquids from entering the kier while the worker is in it will be acceptable.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-095 Gray and white bins.
Guard rails conforming to WAC 296-24-750 through 296-24-75011, of the general safety and health standards, ((shall)) must be provided where workers are required to plait by hand from the top of the bin so as to protect the worker from falling to a lower level.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-100 Mercerizing range (piece goods).
(1) Stopping devices. A stopping device ((shall)) must be provided at each end of the machine.
(2) Frame ends. A guard ((shall)) must be installed at each end of the frame between the in-running chain and the clip opener, to prevent the worker's fingers from being caught.
(3) Mangle and washers. The nip at the in-running rolls ((shall)) must conform to WAC 296-301-04503(4).
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-105 Tenter frames.
(1) Stopping devices. A stopping device ((shall)) must be provided at each end of the machine.
(2) Frame ends. A guard ((shall)) must be installed at each end of the frame at the in-running chain and clip opener.
(3) ((Oil cups.)) Oil cups ((shall)) must be located to permit safe and easy access. They ((shall)) must be of the extension type to permit oiling while machines are operating.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-110 Dyeing jigs.
(1) Stopping devices. Each dye jig ((shall)) must be equipped with individual mechanical or electrical means for stopping the machine.
(2) ((Roll arms.)) Roll arms on jigs ((shall)) must be built to allow for extra large batches, and to prevent the center bar from being forced off, causing the batch to fall.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-115 PaddersNip guards.
All nip guards ((shall)) must comply with the requirements of WAC 296-301-04503(4).
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-120 Drying cans.
(1) ((Pressure reducing valves and pressure gages.)) Pressure reducing valves and pressure gages ((shall)) must conform to the ASME Code for Pressure Vessels, section VIII, 1968, Unfired Pressure Vessels.
(2) Vacuum collapse. If cans are not designed to prevent vacuum collapse, each can ((shall)) must be equipped with one or more vacuum relief valves with openings of such a size as to prevent the collapse of the can if vacuum occurs.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-125 Ironer.
(((1))) Each flat-work or collar ironer ((shall)) must be equipped with a safety bar or other guard across the entire front of the feed or first pressure rolls, so arranged that the striking of the bar or guard by the hand of the operator or other person will stop the machine. The pressure rolls ((shall)) must be covered or guarded so that the operator or other person cannot reach into the rolls without removing the guard. This may be either a vertical guard on all sides or a complete cover. If a vertical guard is used, the distance from the floor or working platform to the top of guard ((shall be)) must not be less than 6 feet.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-301-130 Extractors.
(1) Centrifugal extractor.
(a) Cover. Each extractor ((shall)) must be equipped with a metal cover.
(b) Interlocking device. Each extractor ((shall)) must be equipped with an interlocking device that will prevent the cover from being opened while the basket is in motion, and also prevent the power operation of the basket while the cover is open.
(c) Brakes. Each extractor ((shall)) must be equipped with a mechanically or electrically operated brake to quickly stop the basket when the power driving the basket is shut off.
(d) Maximum allowable speed. Each centrifugal extractor ((shall)) must be effectively secured in position on the floor or foundation so as to eliminate unnecessary vibration, and ((shall)) must not be operated at a speed greater than the manufacturer's rating, which ((shall)) must be stamped where easily visible in letters not less than one-quarter inch in height. The maximum allowable speed ((shall)) must be given in revolutions per minute (rpm).
(2) Engine drum extractorOver-speed governor. Each engine individually driving an extractor ((shall)) must be provided with an approved engine stop and a speed limit governor.
(3) Squeezer or wringer extractorNip guards. All nip guards ((shall)) must comply with the requirements of WAC 296-301-04503(4).
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-135 Nip guards.
All nip guards for water mangle, starch mangle, backwasher (worsted yarn) crabbing machines, decating machines, ((shall)) must comply with the requirements of WAC 296-301-04503(4).
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-140 Sanforizing and palmer machine.
A safety trip rod, cable, or wire center cord ((shall)) must be provided across the front and back of all palmer cylinders extending the length of the face of the cylinder. It ((shall)) must operate readily whether pushed or pulled. This safety trip ((shall)) must be not more than 72 inches above the level on which the operator stands and ((shall)) must be readily accessible.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-145 Rope washers.
(1) ((Splash guard.)) Splash guards ((shall)) must be installed on all rope washers unless the machine is so designed as to prevent the water or liquid from splashing the operator, the floor, or working surface.
(2) Safety stop bar. A safety trip rod, cable or wire center cord ((shall)) must be provided across the front and back of all rope washers extending the length of the face of the washer. It ((shall)) must operate readily whether pushed or pulled. This safety trip ((shall be)) must not be more than 72 inches above the level on which the operator stands and ((shall)) must be readily accessible.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-150 Laundry washer tumbler or shaker.
(1) Interlocking device. Each drying tumbler, each double cylinder shaker or clothes tumbler, and each washing machine ((shall)) must be equipped with an interlock device which will prevent the power operation of the inside cylinder when the outer door on the case or shell is open, and which will also prevent the outer door on the case or shell from being opened without shutting off the power. This should not prevent the movement of the inner cylinder by means of a hand operated mechanism or an "inching device."
(2) Means of holding covers or doors in open position. Each enclosed barrel ((shall)) must also be equipped with adequate means for holding open the doors or covers of the inner and outer cylinders or shells while it is being loaded or unloaded.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-155 Printing machine (roller type).
(1) Nip guards. All nip guards ((shall)) must comply with the requirements of WAC 296-301-04503(4).
(2) Crown wheel and roller gear nip protection. The engraved roller gears and the large crown wheel ((shall)) must be provided with a protective disc which will enclose the nips of the in-running gears. Individual discs for each nip will be deemed to be in compliance with the provisions of WAC 296-301-04503(4).
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-160 Calenders.
The nip at the in-running side of the rolls ((shall)) must be provided with a guard extending across the entire length of the nip and arranged to prevent the fingers of the workers from being pulled in between the rolls or between the guard and the rolls, and constructed so that the cloth can be fed into the rolls safely.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-165 Rotary staple cutters.
A guard ((shall)) must be installed completely enclosing the cutters to prevent the hands of the operator from reaching the cutting zone.
AMENDATORY SECTION (Amending WSR 04-14-028, filed 6/29/04, effective 1/1/05)
WAC 296-301-170 Clothing folding machine.
Cloth-folding machines ((shall)) must meet the requirements of chapter 296-806 WAC, Machine safety.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-175 Hand bailing machine.
An angle-iron-handle stop guard ((shall)) must be installed at the right angle to the frame of the machine. The stop guard ((shall)) must be so designed and so located that it will prevent the handle from traveling beyond the vertical position should the handle slip from the operator's hand when the pawl has been released from the teeth of the takeup gear.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-180 Roll bench.
Cleats ((shall)) must be installed on the ends of roll benches.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-185 Cuttle or swing folder (overhead type).
The bottom of the overhead folders ((shall)) must be located not less than 7 feet from the floor or working surface.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-190 Color-mixing room.
Floors in color-mixing rooms ((shall)) must be constructed to drain easily.
AMENDATORY SECTION (Amending WSR 99-17-094, filed 8/17/99, effective 12/1/99)
WAC 296-301-195 Open tanks and vats for mixing and storage of hot or corrosive liquids.
(1) Guardrails ((shall)) must be provided for open tanks and vats which conform to the requirements of WAC 296-24-750 through 296-24-75011.
(2) Shutoff valves. Boiling tanks, caustic tanks, and hot liquid containers, so located that the operator cannot see the contents from the floor or working area, ((shall)) must have emergency shutoff valves controlled from a point not subject to danger of splash. Valves ((shall)) must conform to the ASME Pressure Vessel Code, section VIII, Unfired Pressure Vessels, 1968.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-200 Dye kettles and vats.
Pipes or drains of sufficient capacity to carry the contents safely away from the working area ((shall)) must be installed where there are dye kettles and vats which may at any time contain hot or corrosive liquids. These ((shall)) must not empty directly onto the floor.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-205 Acid carboys.
Carboys ((shall)) must be provided with inclinators, or the acid ((shall)) must be withdrawn from the carboys by means of pumping without pressure in the carboy, or by means of hand operated siphons.
AMENDATORY SECTION (Amending Order 74-19, filed 5/6/74)
WAC 296-301-210 Handling caustic soda and caustic potash.
Means ((shall)) must be provided for handling and emptying caustic soda and caustic potash containers to prevent workers from coming in contact with the caustic (see WAC 296-301-220).
AMENDATORY SECTION (Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)
WAC 296-301-220 Personal protective equipment.
(1) Personal protective equipment. Workers engaged in handling acids or caustics in bulk, repairing pipe lines containing acids or caustics, etc., ((shall)) must be provided with personal protective equipment to conform to the requirements of WAC 296-800-160.
(2) Respiratory protection. ((Employers)) You must provide respiratory protection as required in chapter 296-842 WAC.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-301-225 Workroom ventilation.
In all workrooms in which potentially toxic substances are used, the maximum allowable concentrations listed in chapter 296-841 WAC, airborne contaminants, ((shall)) must be maintained. Open surface tanks ((shall)) must conform to the requirements of WAC 296-62-11021.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-303-01001 General industrial safety standards.
(1) General. These standards ((shall)) must be augmented by the Washington state general safety and health standards, and any other regulations of general application which are or will be made applicable to all industries.
(2) Additional requirements. ((The employer shall)) You must comply with the provisions of the standards referenced in this section. In the event of any conflict between this section and WAC 296-303-015 through 296-303-040, the requirements of WAC 296-303-015 through 296-303-040 ((shall)) must apply. The provisions of this chapter ((shall)) must prevail in the event of conflict with, or duplication of, provisions contained in chapters 296-24, 296-62, and 296-800 WAC.
(a) Industrial lighting. American National Standard Practice for Industrial Lighting, ANSI A11.1-1965 (R-1970).
(b) Floor and wall openings, railings, and toeboards. American National Standard Safety Requirements for Floor and Wall Openings, Railings, and Toeboards, ANSI 12.1-1956.
(c) Identification of piping systems. American National Standard Scheme for the Identification of Piping Systems, ANSI A13.1-1956.
(d) Mechanical power transmission apparatus. American National Standard Safety Standard for Mechanical Power Transmission Apparatus, ANSI B15.1-1971.
(e) Pressure piping—Power piping. American National Standard Code for Pressure Piping—Power Piping, ANSI B31.1.0-1967. Addenda to the American National Standard Code for Pressure Piping—Power Piping, ANSI B31.1.0a-1969.
(f) Sanitation. American National Standard Requirements for Sanitation in Places of Employment, ANSI Z4.1-1968.
(g) Local exhaust systems. American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1960.
(h) Gas appliances and gas piping. American National Standard for the Installation of Gas Appliances and Gas Piping, ANSI Z21.30-1964.
(3) WAC 296-24-012 and 296-800-360 ((shall)) must apply where applicable to this industry.
AMENDATORY SECTION (Amending Order 74-18, filed 5/6/74)
WAC 296-303-01003 Definitions.
(((1) "Laundry" means an establishment wherein the washing, ironing, or other finishing of clothes, or any other textiles is done, but excluding printing, bleaching, dry cleaning, or dyeing of clothes or other textiles.
(2) "Marking machine" means a power-driven machine used for marking clothes or other textiles.
(3) "Washing machine" means a power-driven machine used for washing clothes or other textiles. It generally consists of a stationary case or shell inside of which is a revolving perforated cylinder.
(4) "Extractor" means a power-driven centrifugal machine used for removing surplus moisture from clothes or other textiles by centrifugal action.
(5) "Wringer" means one or more power-driven rolls used for removing surplus moisture from clothes or other textiles.
(6) "Starch mixer" means a power-driven machine used for mixing or processing starch.
(7) "Starching machine" means a power-driven machine used for the starching of clothes or other textiles.
(8) "Drying tumbler" means a machine within which clothes or other textiles are dried by air, and which usually consists of an enclosure inside of which is a revolving cylinder.
(9) "Shaker" (clothes tumbler) means a revolving cylinder used for shaking out clothes or other textiles.
(10) "Drying room" means an enclosure used for drying clothes or other textiles, and containing any power-driven mechanism.
(11) "Dampening machine" means a machine used for dampening clothes or other textiles.
(12) "Ironer" means a hand- or power-operated machine, with one or more rolls or heated surfaces in contact, used for ironing or smoothing clothes or other textiles.
(13) "Shaping machine" means a power-driven machine used to shape, mold, or otherwise finish clothes or other textiles; this term shall also include shaping tables, stands, or shelves upon which the machine may be mounted.
(14) "Sewing machine" means a machine used for sewing or stitching clothes or other textiles.
(15) "Guarded" means covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers or casings, barrier rails, safety bars, or screens, to eliminate the possibility of accidental contact with, or dangerous approach by, persons or objects.
(16) "Enclosed" means that the object or equipment or part thereof is so guarded that accidental contact at the point of danger, during the regular operation of the equipment, is not possible.
(17) "Safety interlock" means a device that will prevent the operation of the machine while the cover or door is open or unlocked and will hold the cover or door closed and locked while the basket or cylinder is in motion.
(18) "Moving parts" means gears, sprockets, revolving shafts, clutches, belts, pulleys, or other revolving or reciprocating parts that are attached to, or form an integral part of, a machine.
(19) "Power transmission" pertains to equipment such as shafting, gears, belts, pulleys, or other parts used for transmitting power to the machine, and shall include prime movers.
(20) "Prime movers" includes steam, gas, oil, and air engines or motors, and steam and hydraulic turbines.
(21) "Point of operation" means the point or points at which clothes or other textiles are inserted or manipulated in the operation of the machine.)) Dampening machine. A machine used for dampening clothes or other textiles.
Drying room. An enclosure used for drying clothes or other textiles, and containing any power-driven mechanism.
Drying tumbler. A machine within which clothes or other textiles are dried by air, and which usually consists of an enclosure inside of which is a revolving cylinder.
Enclosed. The object or equipment or part thereof is so guarded that accidental contact at the point of danger, during the regular operation of the equipment, is not possible.
Extractor. A power-driven centrifugal machine used for removing surplus moisture from clothes or other textiles by centrifugal action.
Guarded. Covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers or casings, barrier rails, safety bars, or screens, to eliminate the possibility of accidental contact with, or dangerous approach by, persons or objects.
Ironer. A hand- or power-operated machine, with one or more rolls or heated surfaces in contact, used for ironing or smoothing clothes or other textiles.
Laundry. An establishment wherein the washing, ironing, or other finishing of clothes, or any other textiles is done, but excluding printing, bleaching, dry cleaning, or dyeing of clothes or other textiles.
Marking machine. A power-driven machine used for marking clothes or other textiles.
Moving parts. Gears, sprockets, revolving shafts, clutches, belts, pulleys, or other revolving or reciprocating parts that are attached to, or form an integral part of, a machine.
Point of operation. The point or points at which clothes or other textiles are inserted or manipulated in the operation of the machine.
Power transmission. Pertains to equipment such as shafting, gears, belts, pulleys, or other parts used for transmitting power to the machine, and shall include prime movers.
Prime movers. Includes steam, gas, oil, and air engines or motors, and steam and hydraulic turbines.
Safety interlock. A device that will prevent the operation of the machine while the cover or door is open or unlocked and will hold the cover or door closed and locked while the basket or cylinder is in motion.
Sewing machine. A machine used for sewing or stitching clothes or other textiles.
Shaker (clothes tumbler). A revolving cylinder used for shaking out clothes or other textiles.
Shaping machine. A power-driven machine used to shape, mold, or otherwise finish clothes or other textiles; this term shall also include shaping tables, stands, or shelves upon which the machine may be mounted.
Starch mixer. A power-driven machine used for mixing or processing starch.
Starching machine. A power-driven machine used for the starching of clothes or other textiles.
Washing machine. A power-driven machine used for washing clothes or other textiles. It generally consists of a stationary case or shell inside of which is a revolving perforated cylinder.
Wringer. One or more power-driven rolls used for removing surplus moisture from clothes or other textiles.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-303-02001 Washroom machines.
(1) Marking machine. Each power marking machine ((shall)) must be equipped with a spring-compression device of such design as to prevent injury to fingers, should they be caught between the marking plunger and platen; or the marking machine ((shall)) must be equipped with a control mechanism that will require the simultaneous action of both hands to operate the machine; or there ((shall)) must be a guard that will act as a barrier in front of, and which will prevent the operator's fingers from coming into contact with the marking plunger.
(2) Washing machine.
(a) Each washing machine ((shall)) must be equipped with an interlocking device that will prevent the inside cylinder from moving under power when the outer door on the case or shell is open, and will also prevent the door from being opened while the inside cylinder is in motion. This device should not prevent the movement of the inner cylinder under the action of a hand-operated mechanism or under the operation of an "inching device."
(b) Each washing machine ((shall)) must be provided with means for holding open the doors or covers of inner and outer cylinders or shells while being loaded or unloaded. Spring loaded devices are an acceptable means.
(3) Extractor.
(a) Each extractor ((shall)) must be equipped with a metal cover.
(b) Each extractor ((shall)) must be equipped with an interlocking device that will prevent the cover from being opened while the basket is in motion, and will also prevent the power operation of the basket while the cover is not fully closed and secured. This device should not prevent the movement of the basket by hand to ensure an even loading.
(c) Each extractor ((shall)) must also be effectively secured in position on the floor or foundation so as to eliminate unnecessary vibrations, and ((shall)) must not be operated at a speed greater than that given in the manufacturer's rating, which ((shall)) must be stamped on the inside of the basket where it is easily visible, in letters not less than one-fourth inch in height. The maximum permissible speed ((shall)) must be given in revolutions per minute.
(d) Each engine individually driving an extractor ((shall)) must be provided with an approved engine stop and a speed-limit governor. It is suggested that where an extractor is driven by a direct-current motor a "no field" release be installed to prevent overspeed, which may result from an open or broken field.
(4) Power wringer. Each power wringer ((shall)) must be equipped with a safety bar or other guard across the entire front of the feed or first pressure rolls, so arranged that the striking of the bar or guard by the hand of the operator or other person will stop the machine.
AMENDATORY SECTION (Amending Order 74-18, filed 5/6/74)
WAC 296-303-02003 Starching and drying machines.
(1) Starching machine (cylinder or box type). Each starching machine, cylinder or box type, ((shall)) must be enclosed or guarded so as to prevent the operator or other person from coming into accidental contact with the cylinder or box while the machine is in motion.
(2) Drying-room fan. Each drying-room fan, any part of which is within 7 feet of the floor or working platform, ((shall)) must be guarded with wire mesh or screen of not less than No. 16 gauge, the openings of which will reject a ball one-half inch in diameter.
(3) Drying tumbler.
(a) Each drying tumbler ((shall)) must be equipped with an interlocking device that will prevent the inside cylinder from moving under power when the outer door on the case or shell is open, and also prevent the door from being opened while the inside cylinder is in motion. This device should not prevent the movement of the inner cylinder under the action of a hand-operated mechanism or under the operation of an inching device.
(b) Each drying tumbler ((shall)) must be provided with means for holding open the doors or covers of inner and outer cylinders or shells while being loaded or unloaded.
(4) Shaker (clothes tumbler).
(a) Each shaker or clothes tumbler of the single-cylinder type ((shall)) must be equipped with a device that will automatically prevent the tumbler from moving while the door is open.
(b) The tumbler ((shall)) must also be enclosed or guarded so as to prevent accidental contact by the operator or other person while the machine is in motion.
(c) Each shaker or clothes tumbler of the double-cylinder type ((shall)) must be equipped with an interlocking device that will prevent the inside cylinder from moving when the outer door on the case or shell is open and will also prevent the door from being opened while the inside cylinder is in motion. This device should not prevent the movement of the inner cylinder under the action of a hand-operated mechanism or under the operation of an inching device.
(d) Each shaker or clothes tumbler of the double-cylinder type ((shall)) must be provided with means for holding open the doors or covers of inner and outer cylinders or shells while being loaded or unloaded.
(5) Exception. Provisions of (3), (4)(a), (c) and (d) of this section ((shall)) must not apply to shakeout or conditioning tumblers where the clothes are loaded into the open end of the revolving cylinder and are automatically discharged out of the opposite end.
AMENDATORY SECTION (Amending Order 74-18, filed 5/6/74)
WAC 296-303-02005 Finishing machines.
(1) Dampening machine. Each roll-dampening machine ((shall)) must be so equipped that the rolls will be entirely enclosed and so arranged as to prevent the fingers of the operator or other person from being caught between the rolls. This may be accomplished by:
(a) A slot or hopper;
(b) A rod or strip located directly in front of the feed and extending the full length of the rolls.
(2) Ironer.
(a) Each flat-work or collar ironer ((shall)) must be equipped with a safety bar or other guard across the entire front of the feed or first pressure rolls, so arranged that the striking of the bar or guard by the hand of the operator or other person will stop the machine. The pressure rolls ((shall)) must be covered or guarded so that the operator or other person cannot reach into the rolls without removing the guard. This may be either a vertical guard on all sides or a complete cover. If a vertical guard is used, the distance from the floor or working platform to the top of guard ((shall be)) must not be less than six feet.
(b) Each body-type ironer, roll or shoe type, including sleeve and band ironers, ((shall)) must be equipped with a safety bar or other guard across the entire length of the feed roll or shoe, so arranged that the striking of the bar or guard by the hand of the operator or other person will stop the machine. The hot roll or shoe ((shall)) must also be covered in such a way that the operator or other person cannot come into contact with the heated surfaces.
(c) Each combined rotary-bosom and coat ironer ((shall)) must be equipped with a safety bar or other guard across the entire length of the feed roll or shoe, so arranged that the striking of the bar or guard by the hand of the operator or other person will stop the machine. The hot roll or shoe ((shall)) must also be covered in such a way that the operator or other person cannot come into contact with the heated surfaces.
(d) Each ironing press (excluding hand or foot powered ones) ((shall)) must be equipped with a guard or means that will prevent the fingers of the operator or other person from being caught between the ironing surfaces.
AMENDATORY SECTION (Amending WSR 89-11-035, filed 5/15/89, effective 6/30/89)
WAC 296-303-02007 Miscellaneous machines and equipment.
(1) Sewing machine. Each sewing machine ((shall)) must be equipped with a guard permanently attached to the machine, so that the operator's fingers cannot pass under the needle. It ((shall)) must be of such form that the needle can be conveniently threaded without removing the guard. This requirement will not apply to domestic-type sewing machines having a presser-foot which is in the "down" position during operation of the machine.
(2) Exhaust or ventilating fans. Each exhaust or ventilating fan within seven feet of the floor or working platform ((shall)) must be completely covered with wire mesh of not less than No. 16 gauge, and with openings that will reject a ball one-half inch in diameter.
(3) Steam pipes.
(a) All steam pipes that are within seven feet of the floor or working platform, and with which the worker may come into contact, ((shall)) must be insulated or covered with a heat-resistive material or ((shall)) must be guarded to prevent direct contact with the worker.
(b) Where pressure-reducing valves are used, one or more relief or safety valves ((shall)) must be provided on the low-pressure side of the reducing valve, in case the piping or equipment on the low-pressure side does not meet the requirements for full initial pressure. The relief or safety valve ((shall)) must be located adjacent to, or as close as possible to, the reducing valve. Relief and safety valves vented to the atmosphere ((shall)) must be so constructed as to prevent injury or damage caused by fluid escaping from relief or safety valves. The vents ((shall)) must be of ample size and as short and direct as possible. The combined discharge capacity of the relief valves ((shall)) must be such that the pressure rating of the lower-pressure piping and equipment will not be exceeded if the reducing valve sticks or fails to open.
AMENDATORY SECTION (Amending Order 74-18, filed 5/6/74)
WAC 296-303-02501 General.
(1) Floors.
(a) The floors of every room in a laundry that are used for washing purposes ((shall)) must be properly constructed of cement, tile, or similar material. The floors ((shall)) must be watertight, free from projections, crevices, or dangerous gradients. They ((shall)) must be maintained in good repair and ((so)) drained so that no water may accumulate.
(b) The floors of every room except washrooms ((shall)) must be constructed of hardwood or any impervious material, free from protruding nails, splinters, or loose boards, and ((shall)) must be so maintained.
(2) Table tops, shelves, and machine woodwork. Table tops, shelves, and machine woodwork ((shall)) must be constructed of materials properly surfaced, finished free from splinters, and so maintained.
(3) Markers. Markers and others handling soiled clothes ((shall)) must be warned against touching the eyes, mouth, or any part of the body on which the skin has been broken by a scratch or abrasion; and they ((shall)) must be cautioned not to touch or eat food until their hands have been thoroughly washed.
(4) Ventilation. Where artificial ventilation is necessary to the maintenance of comfortable working conditions, an adequate ventilating system ((shall)) must be installed as specified in ((WAC 296-62-110)) chapter 296-62 WAC, Part L of the general occupational health standards.
(5) Instruction of employees. Employees ((shall)) must be properly instructed as to the hazards of their work and be instructed in safe practices, by bulletins, printed rules, and verbal instructions.
AMENDATORY SECTION (Amending Order 74-18, filed 5/6/74)
WAC 296-303-02503 Mechanical.
(1) Safety guards.
(a) No safeguard, safety appliance, or device attached to, or forming an integral part of any machinery ((shall)) must be removed or made ineffective except for the purpose of making immediate repairs or adjustments. Any such safeguard, safety appliance, or device removed or made ineffective during the repair or adjustment of such machinery ((shall)) must be replaced immediately upon the completion of such repairs or adjustments.
(b) No machine ((shall)) must be operated until such repairs and adjustments have been made and the machine is in good working condition.
(2) Steam-pressure apparatus. Steam machines ((shall)) must not be operated at a pressure above that given by the manufacturer's pressure rating as shown on name plate. If the steam source is at a pressure higher than that given by the manufacturer's rating, a stop valve, reducing valve, pressure gauge, and safety valve ((shall)) must be installed, in the order named, from the source. The safety valve ((shall)) must be located in a nonhazardous place.
(3) Machine adjustments. No moving parts of any machine ((shall)) must be oiled, cleaned, adjusted, or repaired while said machine is in operation or in motion except that the rolls of adjusting machines not equipped with hand-power means ((shall)) must be operated at the slowest speed possible with an operator constantly at the starting mechanism.
(4) Extractors. Each extractor ((shall)) must be dismantled and inspected at least once a year and, if necessary, repaired. Overdriven extractors, if provided with handholes through which basket and rings can be inspected, need not be dismantled.
AMENDATORY SECTION (Amending WSR 04-14-028, filed 6/29/04, effective 1/1/05)
WAC 296-303-030 Moving parts.
(1) Machine guarding (other than point of operation). Moving parts of machines, such as gears, sprockets, belts, pulleys, and shafts, ((shall)) must be guarded in accordance with the requirements of chapter 296-806 WAC, Machine safety.
(2) Prime-mover guarding. Moving parts of prime movers such as fly-wheels, cranks and connecting rods, tail rods or extension piston rods, and governor balls, ((shall)) must be guarded in accordance with the requirements of chapter 296-806 WAC, Machine safety.
AMENDATORY SECTION (Amending WSR 89-11-035, filed 5/15/89, effective 6/30/89)
WAC 296-303-040 Starting and stopping devices.
(1) Each power-driven machine ((shall)) must be provided with means for disconnecting from the source of power. Starting and stopping devices for machines ((shall)) must be ((so)) located so as to be operable from the front of the machine, and ((so)) constructed ((as)) to allow proper guarding of belts and pulleys.
(2) Doors of washing machines, extractors, and tumbler/shaker dryer machines, ((shall)) must have a cut-off micro switch or other method to shut off power when loading doors are opened, making inner cylinder, tumbler, or shaker mechanisms inoperative while the door is open. In those situations where the cylinder or mechanism continues to rotate/move, and present a hazard after the power is off, an interlocking device, breaking switch, or a time-delay switch is additionally required to prevent injury.
AMENDATORY SECTION (Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)
WAC 296-304-01001 Definitions.
(("))Additional safety measure((" -)). A component of the tags-plus system that provides an impediment (in addition to the energy-isolating device) to the release of energy or the generalization or start-up of the machinery, equipment, or system being serviced. Examples of additional safety measures include, but are not limited to, removing an isolating circuit element; blocking a controlling switch; blocking, blanking, or bleeding lines; removing a valve handle or wiring it in place; opening an extra disconnecting device.
(("))Affected employee((" -)). An employee who normally operates or uses the machinery, equipment, or system that is going to be serviced under lockout/tags-plus or who is working in the area where servicing is being performed under lockout/tags-plus. An affected employee becomes an authorized employee when the employer assigns the employee to service any machine, equipment, or system under a lockout/tags-plus application.
(("))Alarm((" -)). A signal or message from a person or device that indicates that there is a fire, medical emergency, or other situation that requires emergency response or evacuation. At some shipyards, this may be called an "incident" or a "call for service."
(("))Alarm system((" -)). A system that warns employees at the worksite of danger.
(("))Anchorage((" -)). A secure point to attach lifelines, lanyards, or deceleration devices.
(("))Authorized employee((")):
(1) An employee who performs one or more of the following lockout/tags-plus responsibilities:
(a) Executes the lockout/tags-plus procedures;
(b) Installs a lock or tags-plus system on machinery, equipment, or systems; or
(c) Services any machine, equipment, or system under lockout/tags-plus application.
(2) An affected employee becomes an authorized employee when the employer assigns the employee to service any machine, equipment, or system under a lockout/tags-plus application.
(("))Body belt((" -)). A strap with means to both secure it around the waist and to attach it to a lanyard, lifeline, or deceleration device. Body belts may be used only in fall restraint or positioning device systems and may not be used for fall arrest. Body belts must be at least one and five-eighths inches (4.13 cm) wide.
(("))Body harness((" -)). Straps to secure around an employee so that fall arrest forces are distributed over at least the thighs, shoulders, chest and pelvis with means to attach it to other components of a personal fall arrest system.
(("))Capable of being locked out((" -)). An energy-isolating device is capable of being locked out if it has a locking mechanism built into it, or it has a hasp or other means of attachment to which, or through which, a lock can be affixed. Other energy-isolating devices are capable of being locked out if lockout can be achieved without the need to dismantle, rebuild, or replace the energy-isolating device or permanently alter its energy-control capability.
(("))Class II standpipe system((" -)). A one and one-half inch (3.8 cm) hose system which provides a means for the control or extinguishment of incipient stage fires.
(("))Cold work((" -)). Work that does not involve riveting, welding, burning, or other fire-producing or spark-producing operations.
(("))Contract employer((" -)). An employer, such as a painter, joiner, carpenter, or scaffolding subcontractor, who performs work under contract to the host employer or to another employer under contract to the host employer at the host employer's worksite. This excludes employers who provide incidental services that are not directly related to shipyard employment (such as mail delivery or office supply and food vending services).
(("))Competent person((" -)). A person who can recognize and evaluate employee exposure to hazardous substances or to other unsafe conditions and can specify the necessary protection and precautions necessary to ensure the safety of employees as required by these standards.
(("))Confined space((" -)). A small compartment with limited access such as a double bottom tank, cofferdam, or other small, confined space that can readily create or aggravate a hazardous exposure.
(("))Connector((" -)). A device used to connect parts of a personal fall arrest system or parts of a positioning device system together. It may be:
(()) (a) An independent component of the system (such as a carabiner); or
(()) (b) An integral component of part of the system (such as a buckle or D-ring sewn into a body belt or body harness or a snaphook spliced or sewn to a lanyard or self-retracting lanyard).
(("))Dangerous atmosphere((" -)). An atmosphere that may expose employees to the risk of death, incapacitation, injury, acute illness, or impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space).
(("))Deceleration device((" -)). A mechanism, such as a rope grab, rip stitch lanyard, specially woven lanyard, tearing or deforming lanyard, or automatic self-retracting lifeline/lanyard, that serves to dissipate a substantial amount of energy during a fall arrest, or to limit the energy imposed on an employee during fall arrest.
(("))Deceleration distance((" -)). The additional vertical distance a falling employee travels, excluding lifeline elongation and free fall distance, before stopping, from the point at which the deceleration device begins to operate. It is measured from the location of an employee's body belt or body harness attachment point at the moment of activation (at the onset of fall arrest forces) of the deceleration device during a fall, to the location of that attachment point after the employee comes to a full stop.
(("))Designated area((" -)). An area established for hot work after an inspection that is free of fire hazards.
(("))Director((" -)). The director of the department of labor and industries or a designated representative.
(("))Drop test((" -)). A method utilizing gauges to ensure the integrity of an oxygen fuel gas burning system. The method requires that the burning torch is installed to one end of the oxygen and fuel gas lines and then the gauges are attached to the other end of the hoses. The manifold or cylinder supply valve is opened and the system is pressurized. The manifold or cylinder supply valve is then closed and the gauges are watched for at least sixty seconds. Any drop in pressure indicates a leak.
(("))Dummy load((" -)). A device used in place of an antenna to aid in the testing of a radio transmitter that converts transmitted energy into heat to minimize energy radiating outward or reflecting back to its source during testing.
(("))Emergency operations((" -)). Activities performed by fire response organizations that are related to: Rescue, fire suppression, emergency medical care, and special operations or activities that include responding to the scene of an incident and all activities performed at that scene.
(("))Employee((" -)). Any person engaged in ship repairing, ship building, or ship breaking or related employment as defined in these standards.
(("))Employer((" -)). An employer with employees who are employed, in whole or in part, in ship repair, ship building and ship breaking, or related employment as defined in these standards.
(("))Enclosed space((" -)). A space, other than a confined space, that is enclosed by bulkheads and overhead. It includes cargo holds, tanks, quarters, and machinery and boiler spaces.
(("))Energy-isolating device((" -)). A mechanical device that, when utilized or activated, physically prevents the release or transmission of energy. Energy-isolating devices include, but are not limited to, manually operated electrical circuit breakers; disconnect switches; line valves; blocks; and any similar device used to block or isolate energy. Control-circuit devices (for example, push buttons, selector switches) are not considered energy isolating devices.
(("))Equivalent((" -)). Alternative designs, materials, or methods to protect against a hazard which the employer can demonstrate will provide an equal or greater degree of safety for employees than the method or item specified in the standard.
(("))Fire hazard((" -)). A condition or material that may start or contribute to the spread of fire.
(("))Fire protection((" -)). Methods of providing fire prevention, response, detection, control, extinguishment, and engineering.
(("))Fire response((" -)). The activity taken by the employer at the time of an emergency incident involving a fire at the worksite, including fire suppression activities carried out by internal or external resources or a combination of both, or total or partial employee evacuation of the area exposed to the fire.
(("))Fire response employee((" -)). A shipyard employee who carries out the duties and responsibilities of shipyard firefighting in accordance with the fire safety plan.
(("))Fire response organization((" -)). An organized group knowledgeable, trained, and skilled in shipyard firefighting operations that responds to shipyard fire emergencies, including: Fire brigades, shipyard fire departments, private or contractual fire departments, and municipal fire departments.
(("))Fire suppression((" -)). The activities involved in controlling and extinguishing fires.
(("))Fire watch((" -)). The activity of observing and responding to the fire hazards associated with hot work in shipyard employment and the employees designated to do so.
(("))Fixed extinguishing system((" -)). A permanently installed fire protection system that either extinguishes or controls fire occurring in the space it protects.
(("))Flammable liquid((" -)). Means any liquid having a flashpoint at or below 199.4°F (93°C). Flammable liquids are divided into four categories as follows:
(a) Category 1 shall include liquids having flashpoints below 73.4°F (23°C) and having a boiling point at or below 95°F (35°C).
(b) Category 2 shall include liquids having flashpoints below 73.4°F (23°C) and having a boiling point above 95°F (35°C).
(c) Category 3 shall include liquids having flashpoints at or above 73.4°F (23°C) and at or below 140°F (60°C). When a Category 3 liquid with a flashpoint at or above 100°F (37.8°C) is heated for use to within 30°F (16.7°C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint below 100°F (37.8°C).
(d) Category 4 shall include liquids having flashpoints above 140°F (60°C) and at or below 199.4°F (93°C). When a Category 4 flammable liquid is heated for use to within 30°F (16.7°C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint at or above 100°F (37.8°C).
(e) When liquid with a flashpoint greater than 199.4°F (93°C) is heated for use to within 30°F (16.7°C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 4 flammable liquid.
(("))Free fall((" -)). To fall before a personal fall arrest system begins to apply force to arrest the fall.
(("))Free fall distance((" -)). The vertical displacement of the fall arrest attachment point on the employee's body harness between onset of the fall and just before the system begins to apply force to arrest the fall. This distance excludes deceleration distance, and lifeline/lanyard elongation, but includes any deceleration device slide distance or self-retracting lifeline/lanyard extension before the device operates and fall arrest forces occur.
(("))Gangway((" -)). A ramp-like or stair-like means to board or leave a vessel including accommodation ladders, gangplanks and brows.
(("))Hazardous energy((" -)). Any energy source, including mechanical (for example, power transmission apparatus, counterbalances, springs, pressure, gravity), pneumatic, hydraulic, electrical, chemical, and thermal (for example, high or low temperature) energies, that could cause injury to employees.
(("))Hazardous substance((" -)). A substance likely to cause injury, illness or disease, or otherwise harm an employee because it is explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful.
(("))Health care professional((" -)). A physician or any other health care professional whose legally permitted scope of practice allows the provider to independently provide, or be delegated the responsibility to provide, some or all of the advice or consultation this subpart requires.
(("))Hose systems((" -)). Fire protection systems consisting of a water supply, approved fire hose, and a means to control the flow of water at the output end of the hose.
(("))Host employer((" -)). An employer who is in charge of coordinating work or who hires other employers to perform work at a multiemployer workplace.
(("))Hot work((" -)). Riveting, welding, burning or other fire or spark producing operations.
(("))Incident management system((" -)). A system that defines the roles and responsibilities to be assumed by personnel and the operating procedures to be used in the management and direction of emergency operations; the system is also referred to as an "incident command system (ICS)."
(("))Incipient stage fire((" -)). A fire, in the initial or beginning stage, which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus.
(("))Inerting((" -)). The displacement of the atmosphere in a permit space by noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible. This procedure produces an IDLH oxygen-deficient atmosphere.
(("))Interior structural firefighting operations((" -)). The physical activity of fire response, rescue, or both involving a fire beyond the incipient stage inside of buildings, enclosed structures, vessels, and vessel sections.
(("))Isolated location((" -)). An area in which employees are working alone or with little assistance from others due to the type, time, or location of their work. Such locations include remote locations or other work areas where employees are not in close proximity to others.
(("))Lanyard((" -)). A flexible line of rope, wire rope, or strap which generally has a connector at each end for connecting the body belt or body harness to a deceleration device, lifeline, or anchorage.
(("))Lifeline((" -)). A component consisting of a flexible line to connect to an anchorage at one end to hang vertically (vertical lifeline), or to connect to anchorages at both ends to stretch horizontally (horizontal lifeline), and which serves as a means for connecting other components of a personal fall arrest system to the anchorage.
(("))Lock((" -)). A device that utilizes a positive means, either a key or combination lock, to hold an energy isolating device in a "safe" position that prevents the release of energy and the start-up or energization of the machinery, equipment, or system to be serviced.
(("))Lockout((" -)). The placement of a lock on an energy-isolating device in accordance with an established procedure, thereby ensuring that the energy-isolating device and the equipment being controlled cannot be operated until the lock is removed.
(("))Lockout/tags-plus coordinator((" -)). An employee whom the employer designates to coordinate and oversee all lockout and tags-plus applications on vessels or vessel sections and at landside work areas when employees are performing multiple servicing operations on the same machinery, equipment, or systems at the same time, and when employees are servicing multiple machinery, equipment, or systems on the same vessel or vessel section at the same time. The lockout/tags-plus coordinator also maintains the lockout/tags-plus log.
(("))Lockout/tags-plus materials and hardware((" -)). Locks, chains, wedges, blanks, key blocks, adapter pins, self-locking fasteners, or other hardware used for isolating, blocking, or securing machinery, equipment, or systems to prevent the release of energy or the start-up or energization of machinery, equipment, or systems to be serviced.
(("))Lower levels((" -)). Those areas or surfaces to which an employee can fall. Such areas or surfaces include but are not limited to ground levels, floors, ramps, tanks, materials, water, excavations, pits, vessels, structures, or portions thereof.
(("))Motor vehicle((" -)). Any motor-driven vehicle operated by an employee that is used to transport employees, material, or property. For the purposes of this subpart, motor vehicles include passenger cars, light trucks, vans, motorcycles, all-terrain vehicles, small utility trucks, powered industrial trucks, and other similar vehicles. Motor vehicles do not include boats, or vehicles operated exclusively on a rail or rails.
(("))Motor vehicle safety equipment((" -)). Systems and devices integral to or installed on a motor vehicle for the purpose of effecting the safe operation of the vehicle, and consisting of such systems or devices as safety belts, airbags, headlights, tail lights, emergency/hazard lights, windshield wipers, defogging or defrosting devices, brakes, horns, mirrors, windshields and other windows, and locks.
(("))Multiemployer workplace((" -)). A workplace where there is a host employer and at least one contract employer.
(("))Normal production operations((" -)). The use of machinery or equipment, including, but not limited to, punch presses, bending presses, shears, lathes, keel press rollers, and automated burning machines, to perform a shipyard-employment production process.
(("))Personal alert safety system (PASS)((" -)). A device that sounds a loud signal if the wearer becomes immobilized or is motionless for thirty seconds or more.
(("))Personal fall arrest system((" -)). A system used to arrest an employee in a fall from a working level. It consists of an anchorage, connectors, body harness and may include a lanyard, a deceleration device, a lifeline, or a suitable combination.
(("))Physical isolation((" -)). The elimination of a fire hazard by removing the hazard from the work area (at least thirty-five feet for combustibles), by covering or shielding the hazard with a fire-resistant material, or physically preventing the hazard from entering the work area.
(("))Physically isolated((" -)). Positive isolation of the supply from the distribution piping of a fixed extinguishing system. Examples of ways to physically isolate include: Removing a spool piece and installing a blank flange; providing a double block and bleed valve system; or completely disconnecting valves and piping from all cylinders or other pressure vessels containing extinguishing agents.
(("))Portable toilet((" -)). A nonsewered portable facility for collecting and containing urine and feces. A portable toilet may be either flushable or nonflushable. For purposes of this section, portable toilets do not include privies.
(("))Portable unfired pressure vessel((" -)). A pressure container or vessel used aboard ship, other than the ship's equipment, containing liquids or gases under pressure. This does not include pressure vessels built to Department of Transportation regulations under 49 C.F.R. Part 178, Subparts C and H.
(("))Positioning device system((" -)). A body belt or body harness system rigged to allow an employee to be supported at an elevated vertical surface, such as a wall or window, and to be able to work with both hands free while leaning.
(("))Potable water((" -)). Water that meets the standards for drinking purposes of the state or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Primary Water Regulations (40 C.F.R. part 141).
(("))Powder actuated fastening tool((" -)). A tool or machine that drives a stud, pin, or fastener by means of an explosive charge.
(("))Protected space((" -)). Any space into which a fixed extinguishing system can discharge.
(("))Proximity firefighting((" -)). Specialized firefighting operations that require specialized thermal protection and may include the activities of rescue, fire suppression, and property conservation at incidents involving fires producing very high levels of conductive, convective, and radiant heat such as aircraft fires, bulk flammable gas fires, and bulk flammable liquid fires. Proximity firefighting operations usually are exterior operations but may be combined with structural firefighting operations. Proximity firefighting is not entry firefighting.
(("))Qualified instructor((" -)). A person with specific knowledge, training, and experience in fire response or fire watch activities to cover the material found in WAC 296-304-01019 (2) or (3).
(("))Qualified person((" -)). A person who has successfully demonstrated the ability to solve or resolve problems related to the subject matter and work by possessing a recognized degree or certificate of professional standing or by extensive knowledge, training, and experience.
(("))Readily accessible/available((" -)). Capable of being reached quickly enough to ensure, for example, that emergency medical services and first-aid intervention are appropriate or that employees can reach sanitation facilities in time to meet their health and personal needs.
(("))Related employment((" -)). Any employment related to or performed in conjunction with ship repairing, ship building or ship breaking work, including, but not limited to, inspecting, testing, and serving as a watchman.
(("))Rescue((" -)). Locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and transporting the injured to an appropriate health care facility.
(("))Restraint (tether) line((" -)). A line from an anchorage, or between anchorages, to which the employee is secured so as to prevent the employee from walking or falling off an elevated work surface.
Note:
A restraint line is not necessarily designed to withstand forces resulting from a fall.
(("))Rope grab((" -)). A deceleration device that travels on a lifeline and automatically, by friction, engages the lifeline and locks to arrest the fall of an employee. A rope grab usually uses the principle of inertial locking, cam/level locking or both.
(("))Sanitation facilities((" -)). Facilities, including supplies, maintained for employee personal and health needs such as potable drinking water, toilet facilities, hand-washing and hand-drying facilities, showers (including quick-drenching or flushing) and changing rooms, eating and drinking areas, first-aid stations, and on-site medical-service areas. Sanitation supplies include soap, waterless cleaning agents, single-use drinking cups, drinking water containers, toilet paper, and towels.
(("))Serviceable condition((" -)). The state or ability of supplies or goods, or of a tool, machine, vehicle, or other device, to be used or to operate in the manner prescribed by the manufacturer.
(("))Servicing((" -)). Workplace activities that involve the construction, installation, adjustment, inspection, modification, testing, or repair of machinery, equipment, or systems. Servicing also includes maintaining machines, equipment, or systems when performing these activities would expose the employee to harm from the start-up or energization of the system being serviced, or the release of hazardous energy.
(("))Sewered toilet((" -)). A fixture maintained for the purpose of urination and defecation that is connected to a sanitary sewer, septic tank, holding tank (bilge), or on-site sewage-disposal treatment facility, and that is flushed with water.
(("))Shall((")) or (("))must((" -)). Mandatory.
(("))Shield((" -)). To install a covering, protective layer, or other effective measure on or around steam hoses or temporary steam-piping systems, including metal fittings and couplings, to protect employees from contacting hot surfaces or elements.
(("))Ship breaking((" -)). Breaking down a vessel's structure to scrap the vessel, including the removal of gear, equipment or any component part of a vessel.
(("))Ship building((" -)). Construction of a vessel, including the installation of machinery and equipment.
(("))Ship repairing((" -)). Repair of a vessel including, but not limited to, alterations, conversions, installations, cleaning, painting, and maintenance.
(("))Shipyard firefighting((" -)). The activity of rescue, fire suppression, and property conservation involving buildings, enclosed structures, vehicles, vessels, aircraft, or similar properties involved in a fire or emergency situation.
(("))Short bight((" -)). A loop created in a line or rope that is used to tie back or fasten objects such as hoses, wiring, and fittings.
(("))Small hose system((" -)). A system of hoses ranging in diameter from 5/8" (1.6 cm) up to 1 1/2" (3.8 cm) which is for the use of employees and which provides a means for the control and extinguishment of incipient stage fires.
(("))Standpipe((" -)). A fixed fire protection system consisting of piping and hose connections used to supply water to approved hose lines or sprinkler systems. The hose may or may not be connected to the system.
(("))Tag((" -)). A prominent warning device that includes a means of attachment that can be securely fastened to an energy-isolating device in accordance with an established procedure to indicate that the energy-isolating device and the equipment being controlled must not be operated until the tag is removed by an authorized employee.
(("))Tags-plus system((" -)). A system to control hazardous energy that consists of an energy-isolating device with a tag affixed to it, and at least one additional safety measure.
(("))Verification of isolation((" -)). The means necessary to detect the presence of hazardous energy, which may involve the use of a test instrument (for example, a voltmeter), and, for other than electric shock protection, a visual inspection, or a deliberate attempt to start-up the machinery, equipment, or system.
(("))Vermin((" -)). Insects, birds, and other animals, such as rodents, that may create safety and health hazards for employees.
(("))Vessel((" -)). Every watercraft for use as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water.
(("))Vessel section((" -)). A subassembly, module, or other component of a vessel being built or repaired.
(("))Walkway((" -)). Any surface, whether vertical, slanted, or horizontal, on which employees walk, including areas that employees pass through, to perform their job tasks. Walkways include, but are not limited to, access ways, designated walkways, aisles, exits, gangways, ladders, ramps, stairs, steps, passageways, and scaffolding. If an area is, or could be, used to gain access to other locations, it is to be considered a walkway.
(("))Work area((" -)). A specific area, such as a machine shop, engineering space, or fabrication area, where one or more employees are performing job tasks.
(("))Working surface((" -)). Any surface where work is occurring, or areas where tools, materials, and equipment are being staged for performing work.
(("))Worksite((" -)). A general work location where one or more employees are performing work, such as a shipyard, pier, barge, vessel, or vessel section.
AMENDATORY SECTION (Amending WSR 06-08-003, filed 3/23/06, effective 4/23/06)
WAC 296-304-01006 Fire protection in shipyards.
(1) Purpose. The purpose of this section is to require ((employers)) you to protect all employees from fire hazards in shipyard employment, including employees engaged in fire response activities.
(2) Scope. This section covers employers with employees engaged in shipyard employment aboard vessels and vessel sections, and on land-side operations regardless of geographic location.
(3) Employee participation. ((The employer)) You must provide ways for employees or employee representatives, or both to participate in developing and periodically reviewing programs and policies adopted to comply with this section.
(4) Multiemployer worksites.
(a) Host employer responsibilities. The host employer's responsibilities are to:
(i) Inform all employers at the worksite about the content of the fire safety plan including hazards, controls, fire safety and health rules, and emergency procedures;
(ii) Make sure the safety and health responsibilities for fire protection are assigned as appropriate to other employers at the worksite; and
(iii) If there is more than one host employer, each host employer must communicate relevant information about fire-related hazards to other host employers. When a vessel owner or operator (temporarily) becomes a host shipyard employer by directing the work of ships' crews on repair or modification of the vessel or by hiring other contractors directly, the vessel owner or operator must also comply with these provisions for host employers.
(b) Contract employer responsibilities. The contract employer's responsibilities are to:
(i) Make sure that the host employer knows about the fire-related hazards associated with the contract employer's work and what the contract employer is doing to address them; and
(ii) Advise the host employer of any previously unidentified fire-related hazards that the contract employer identifies at the worksite.
AMENDATORY SECTION (Amending WSR 07-17-034, filed 8/7/07, effective 12/1/07)
WAC 296-304-01007 Fire safety plan.
(1) Employer responsibilities. ((The employer)) You must develop and implement a written fire safety plan that covers all the actions that employers and employees must take to ensure employee safety in the event of a fire. (See Appendix A to this section for a model fire safety plan.)
(2) Plan elements. ((The employer)) You must include the following information in the fire safety plan:
(a) Identification of the significant fire hazards;
(b) Procedures for recognizing and reporting unsafe conditions;
(c) Alarm procedures;
(d) Procedures for notifying employees of a fire emergency;
(e) Procedures for notifying fire response organizations of a fire emergency;
(f) Procedures for evacuation;
(g) Procedures to account for all employees after an evacuation; and
(h) Names, job titles, or departments for individuals who can be contacted for further information about the plan.
(3) Reviewing the plan with employees. ((The employer)) You must review the plan with each employee at the following times:
(a) By March 1, 2006, for employees who are currently working;
(b) Upon initial assignment for new employees; and
(c) When the actions the employee must take under the plan change because of a change in duties or a change in the plan.
(4) Additional employer requirements. ((The employer also)) You must also:
(a) Keep the plan accessible to employees, employee representatives, and WISHA;
(b) Review and update the plan whenever necessary, but at least annually;
(c) Document that affected employees have been informed about the plan as required by this subsection; and
(d) Ensure any outside fire response organization that the employer expects to respond to fires at the employer's worksite has been given a copy of the current plan.
(5) Contract employers. Contract employers in shipyard employment must have a fire safety plan for their employees, and this plan must comply with the host employer's fire safety plan.
AMENDATORY SECTION (Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)
WAC 296-304-01009 Precautions for hot work.
(1) General requirements.
(a) Designated areas. ((The employer)) You may designate areas for hot work in sites such as vessels, vessel sections, fabricating shops, and subassembly areas that are free of fire hazards.
(b) Nondesignated areas.
(i) Before authorizing hot work in a nondesignated area, ((the employer)) you must visually inspect the area where hot work is to be performed, including adjacent spaces, to ensure the area is free of fire hazards, unless a marine chemist's certificate or shipyard competent person's log is used for authorization.
(ii) ((The employer shall)) You must authorize employees to perform hot work only in areas that are free of fire hazards, or that have been controlled by physical isolation, fire watches, or other positive means.
Note:
The requirements of (b) of this subsection apply to all hot work operations in shipyard employment except those covered by WAC 296-304-02007.
(2) Specific requirements.
(a) Maintaining fire hazard-free conditions. ((The employer)) You must keep all hot work areas free of new hazards that may cause or contribute to the spread of fire. Unexpected energizing and energy release are covered by WAC 296-304-120. Exposure to toxic and hazardous substances is covered in chapter 296-841 WAC, Airborne contaminants; chapter 296-802 WAC, Employee medical and exposure records; and WAC 296-901-140, Hazard communication.
(b) Fuel gas and oxygen supply lines and torches. ((The employer)) You must make sure that:
(i) No unattended fuel gas and oxygen hose lines or torches are in confined spaces;
(ii) No unattended charged fuel gas and oxygen hose lines or torches are in enclosed spaces for more than fifteen minutes;
(iii) All fuel gas and oxygen hose lines are disconnected at the supply manifold at the end of each shift; and
(iv) All disconnected fuel gas and oxygen hose lines are rolled back to the supply manifold or to open air to disconnect the torch; or extended fuel gas and oxygen hose lines are not reconnected at the supply manifold unless the lines are given a positive means of identification when they were first connected and the lines are tested using a drop test or other positive means to ensure the integrity of fuel gas and oxygen burning system.
AMENDATORY SECTION (Amending WSR 05-19-086, filed 9/20/05, effective 12/1/05)
WAC 296-304-01011 Fire watches.
(1) Written fire watch policy. ((The employer)) You must create and keep current a written policy that specifies the following requirements for employees performing fire watch in the workplace:
(a) The training employees must be given (WAC 296-304-01019(3) contains detailed fire watch training requirements);
(b) The duties employees are to perform;
(c) The equipment employees must be given; and
(d) The personal protective equipment (PPE) that must be made available and worn as required by WAC 296-304-090.
(2) Posting fire watches. ((The employer)) You must post a fire watch if during hot work any of the following conditions are present:
(a) Slag, weld splatter, or sparks might pass through an opening and cause a fire;
(b) Fire-resistant guards or curtains are not used to prevent ignition of combustible materials on or near decks, bulkheads, partitions, or overheads;
(c) Combustible material closer than thirty-five feet (10.7 m) to the hot work in either the horizontal or vertical direction cannot be removed, protected with flame-proof covers, or otherwise shielded with metal or fire-resistant guards or curtains;
(d) The hot work is carried out on or near insulation, combustible coatings, or sandwich-type construction that cannot be shielded, cut back, or removed, or in a space within a sandwich-type construction that cannot be inerted;
(e) Combustible materials adjacent to the opposite sides of bulkheads, decks, overheads, metal partitions, or sandwich-type construction may be ignited by conduction or radiation;
(f) The hot work is close enough to cause ignition through heat radiation or conduction on the following:
(i) Insulated pipes, bulkheads, decks, partitions, or overheads; or
(ii) Combustible materials and/or coatings;
(g) The work is close enough to unprotected combustible pipe or cable runs to cause ignition; or
(h) A marine chemist, a Coast Guard-authorized person, or a shipyard competent person, as defined in WAC 296-304-020, requires that a fire watch be posted.
(3) Assigning employees to fire watch duty.
(a) ((The employer)) You must not assign other duties to a fire watch while the hot work is in progress.
(b) ((Employers)) You must ensure that employees assigned to fire watch duty:
(i) Have a clear view of and immediate access to all areas included in the fire watch;
(ii) Are able to communicate with workers exposed to hot work;
(iii) Are authorized to stop work if necessary and restore safe conditions within the hot work area;
(iv) Remain in the hot work area for at least thirty minutes after completion of the hot work, unless the employer or its representative surveys the exposed area and makes a determination that there is no further fire hazard;
(v) Are trained to detect fires that occur in areas exposed to the hot work;
(vi) Attempt to extinguish any incipient stage fires in the hot work area that are within the capability of available equipment and within the fire watch's training qualifications, as defined in WAC 296-304-01019;
(vii) Alert employees of any fire beyond the incipient stage; and
(viii) If unable to extinguish fire in the areas exposed to the hot work, activate the alarm.
(c) ((The employer)) You must ensure that employees assigned to fire watch are physically capable of performing these duties.
AMENDATORY SECTION (Amending WSR 07-17-034, filed 8/7/07, effective 12/1/07)
WAC 296-304-01013 Fire response.
(1) Employer responsibilities. ((The employer)) You must:
(a) Decide what type of response will be provided and who will provide it; and
(b) Create, maintain, and update a written policy that:
(i) Describes the internal and outside fire response organizations that ((the employer)) you will use; and
(ii) Defines what evacuation procedures employees must follow, if ((the employer)) you choose((s)) to require a total or partial evacuation of the worksite at the time of a fire.
(2) Required written policy information.
(a) Internal fire response. If an internal fire response is to be used, ((the employer)) you must include the following information in ((the employer's)) your written policy:
(i) The basic structure of the fire response organization;
(ii) The number of trained fire response employees;
(iii) The fire response functions that may need to be carried out;
(iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each type of fire response at the employer's facility;
(v) The type, amount, and frequency of training that must be given to fire response employees; and
(vi) The procedures for using protective clothing and equipment.
(b) Outside fire response. If an outside fire response organization is used, ((the employer)) you must include the following information in the written policy:
(i) The types of fire suppression incidents to which the fire response organization is expected to respond at ((the employer's)) your facility or worksite;
(ii) The liaisons between ((the employer)) you and the outside fire response organizations; and
(iii) A plan for fire response functions that:
(A) Addresses procedures for obtaining assistance from the outside fire response organization;
(B) Familiarizes the outside fire response organization with the layout of ((the employer's)) your facility or worksite, including access routes to controlled areas, and site-specific operations, occupancies, vessels or vessel sections, and hazards; and
(C) Sets forth how hose and coupling connection threads are to be made compatible and includes where the adapter couplings are kept; or
(D) States that ((the employer)) you will not allow the use of incompatible hose connections.
(c) A combination of internal and outside fire response. If a combination of internal and outside fire response is to be used, ((the employer)) you must include the following information, in addition to the requirements in (a) and (b) of this subsection, in the written policy:
(i) The basic organizational structure of the combined fire response;
(ii) The number of combined trained fire responders;
(iii) The fire response functions that may need to be carried out;
(iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each particular type of fire response at the worksite; and
(v) The type, amount, and frequency of joint training with outside fire response organizations if given to fire response employees.
(d) Employee evacuation. ((The employer)) You must include the following information in ((the employer's)) your written policy:
(i) Emergency escape procedures;
(ii) Procedures to be followed by employees who may remain longer at the worksite to perform critical shipyard employment operations during the evacuation;
(iii) Procedures to account for all employees after emergency evacuation is completed;
(iv) The preferred means of reporting fires and other emergencies; and
(v) Names or job titles of the employees or departments to be contacted for further information or explanation of duties.
(e) Rescue and emergency response. ((The employer)) You must include the following information in ((the employer's)) your written policy:
(i) A description of the emergency rescue procedures; and
(ii) Names or job titles of the employees who are assigned to perform them.
(3) Medical requirements for shipyard fire response employees. ((The employer)) You must ensure that:
(a) All fire response employees receive medical examinations to assure that they are physically and medically fit for the duties they are expected to perform;
(b) Fire response employees, who are required to wear respirators in performing their duties, meet the medical requirements of chapter 296-842 WAC, Respirators;
(c) Each fire response employee has an annual medical examination; and
(d) The medical records of fire response employees are kept in accordance with chapter 296-802 WAC, Employee medical and exposure records.
(4) Organization of internal fire response functions. ((The employer)) You must:
(a) Organize fire response functions to ensure enough resources to conduct emergency operations safely;
(b) Establish lines of authority and assign responsibilities to ensure that the components of the internal fire response are accomplished;
(c) Set up an incident management system to coordinate and direct fire response functions, including:
(i) Specific fire emergency responsibilities;
(ii) Accountability for all fire response employees participating in an emergency operation; and
(iii) Resources offered by outside organizations; and
(d) Provide the information required in this subsection to the outside fire response organization to be used.
(5) Personal protective clothing and equipment for fire response employees.
(a) General requirements. ((The employer)) You must:
(i) Supply to all fire response employees, at no cost, the appropriate personal protective clothing and equipment they may need to perform expected duties; and
(ii) Ensure that fire response employees wear the appropriate personal protective clothing and use the equipment, when necessary, to protect them from hazardous exposures.
(b) Thermal stability and flame resistance. ((The employer)) You must:
(i) Ensure that each fire response employee exposed to the hazards of flame does not wear clothing that could increase the extent of injury that could be sustained; and
(ii) Prohibit wearing clothing made from acetate, nylon, or polyester, either alone or in blends, unless it can be shown that:
(A) The fabric will withstand the flammability hazard that may be encountered; or
(B) The clothing will be worn in such a way to eliminate the flammability hazard that may be encountered.
(c) Respiratory protection. ((The employer)) You must:
(i) Provide self-contained breathing apparatus (SCBA) to all fire response employees involved in an emergency operation in an atmosphere that is immediately dangerous to life or health (IDLH), potentially IDLH, or unknown;
(ii) Provide SCBA to fire response employees performing emergency operations during hazardous chemical emergencies that will expose them to known hazardous chemicals in vapor form or to unknown chemicals;
(iii) Provide fire response employees who perform or support emergency operations that will expose them to hazardous chemicals in liquid form either:
(A) SCBA; or
(B) Respiratory protective devices certified by the National Institute for Occupational Safety and Health (NIOSH) under 42 C.F.R. Part 84 as suitable for the specific chemical environment;
(iv) Ensure that additional outside air supplies used in conjunction with SCBA result in positive pressure systems that are certified by NIOSH under 42 C.F.R. Part 84;
(v) Provide only SCBA that meet the requirements of NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for the Fire Service (incorporated by reference, see WAC 296-304-01003); and
(vi) Ensure that the respiratory protection program and all respiratory protection equipment comply with chapter 296-842 WAC, Respiratory protection.
(d) Interior structural firefighting operations. ((The employer)) You must:
(i) Supply at no cost to all fire response employees exposed to the hazards of shipyard fire response, a helmet, gloves, footwear, and protective hoods, and either a protective coat and trousers or a protective coverall; and
(ii) Ensure that this equipment meets the applicable recommendations in NFPA 1971-2000 Standard on Protective Ensemble for Structural Firefighting (incorporated by reference, see WAC 296-304-01003).
(e) Proximity firefighting operations. ((The employer)) You must provide, at no cost, to all fire response employees who are exposed to the hazards of proximity firefighting, appropriate protective proximity clothing that meets the applicable recommendations in NFPA 1976-2000 Standard on Protective Ensemble for Proximity Firefighting (incorporated by reference, see WAC 296-304-01003).
(f) Personal alert safety system (PASS) devices. ((The employer)) You must:
(i) Provide each fire response employee involved in firefighting operations with a PASS device; and
(ii) Ensure that each PASS device meets the recommendations in NFPA 1982-1998 Standard on Personal Alert Safety Systems (PASS) (incorporated by reference, see WAC 296-304-01003).
(g) Life safety ropes, body harnesses, and hardware. ((The employer)) You must ensure that:
(i) All life safety ropes, body harnesses, and hardware used by fire response employees for emergency operations meet the applicable recommendations in NFPA 1983-2001, Standard on Fire Service Life Safety Rope and System Components (incorporated by reference, see WAC 296-304-01003);
(ii) Fire response employees use only Class I body harnesses to attach to ladders and aerial devices; and
(iii) Fire response employees use only Class II and Class III body harnesses for fall arrest and rappelling operations.
(6) Equipment maintenance.
(a) Personal protective equipment. ((The employer)) You must inspect and maintain personal protective equipment used to protect fire response employees to ensure that it provides the intended protection.
(b) Fire response equipment. ((The employer)) You must:
(i) Keep fire response equipment in a state of readiness;
(ii) Standardize all fire hose coupling and connection threads throughout the facility and on vessels and vessel sections by providing the same type of hose coupling and connection threads for hoses of the same or similar diameter; and
(iii) Ensure that either all fire hoses and coupling connection threads are the same within a facility or vessel or vessel section as those used by the outside fire response organization, or supply suitable adapter couplings if such an organization is expected to use the fire response equipment within a facility or vessel or vessel section.
AMENDATORY SECTION (Amending WSR 05-19-086, filed 9/20/05, effective 12/1/05)
WAC 296-304-01015 Hazards of fixed extinguishing systems on board vessels and vessel sections.
(1) Employer responsibilities. ((The employer)) You must comply with the provisions of this section whenever employees are exposed to fixed extinguishing systems that could create a dangerous atmosphere when activated in vessels and vessel sections, regardless of geographic location.
(2) Requirements for automatic and manual systems. Before any work is done in a space equipped with fixed extinguishing systems, ((the employer)) you must either:
(a) Physically isolate the systems or use other positive means to prevent the systems' discharge; or
(b) Ensure employees are trained to recognize:
(i) Systems' discharge and evacuation alarms and the appropriate escape routes; and
(ii) Hazards associated with the extinguishing systems and agents including the dangers of disturbing system components and equipment such as piping, cables, linkages, detection devices, activation devices, and alarm devices.
(3) Sea and dock trials. During trials, ((the employer)) you must ensure that all systems shall remain operational.
(4) Doors and hatches. ((The employer)) You must:
(a) Take protective measures to ensure that all doors, hatches, scuttles, and other exit openings remain working and accessible for escape in the event the systems are activated; and
(b) Ensure that all inward opening doors, hatches, scuttles, and other potential barriers to safe exit are removed, locked open, braced, or otherwise secured so that they remain open and accessible for escape if the systems' activation could result in a positive pressure in the protected spaces sufficient to impede escape.
(5) Testing the system.
(a) When testing a fixed extinguishing system involves a total discharge of extinguishing medium into a space, ((the employer)) you must evacuate all employees from the space and assure that no employees remain in the space during the discharge. ((The employer)) You must retest the atmosphere in accordance with WAC 296-304-02003 to ensure that the oxygen levels are safe for employees to enter.
(b) When testing a fixed extinguishing system does not involve a total discharge of the system's extinguishing medium, ((the employer)) you must make sure that the system's extinguishing medium is physically isolated and that all employees not directly involved in the testing are evacuated from the protected space.
(6) Conducting system maintenance. Before conducting maintenance on a fixed extinguishing system, ((the employer)) you must ensure that the system is physically isolated.
(7) Using fixed manual extinguishing systems for fire protection. If fixed manual extinguishing systems are used to provide fire protection for spaces in which the employees are working, ((the employer)) you must ensure that:
(a) Only authorized employees are allowed to activate the system;
(b) Authorized employees are trained to operate and activate the systems; and
(c) All employees are evacuated from the protected spaces, and accounted for, before the fixed manual extinguishing system is activated.
AMENDATORY SECTION (Amending WSR 07-17-034, filed 8/7/07, effective 12/1/07)
WAC 296-304-01017 Land-side fire protection systems.
(1) Employer responsibilities. ((The employer)) You must ensure all fixed and portable fire protection systems needed to meet WISHA standards for employee safety or employee protection from fire hazards in land-side facilities, including, but not limited to, buildings, structures, and equipment, meet the requirements of this section.
(2) Portable fire extinguishers and hose systems.
(a) ((The employer)) You must select, install, inspect, maintain, and test all portable fire extinguishers according to NFPA 10-2002 Standard for Portable Fire Extinguishers (incorporated by reference, see WAC 296-304-01003).
(b) ((The employer is)) You are permitted to use Class II or Class III hose systems, in accordance with NFPA 10-2002, as portable fire extinguishers if ((the employer)) you select((s)), install((s)), inspect((s)), maintain((s)), and test((s)) those systems according to the specific recommendations in NFPA 14-2003 Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems (incorporated by reference, see WAC 296-304-01003).
(3) General requirements for fixed extinguishing systems. ((The employer)) You must:
(a) Ensure that any fixed extinguishing system component or extinguishing agent is approved by an OSHA nationally recognized testing laboratory for use on the specific hazards the employer expects it to control or extinguish;
(b) Notify employees and take the necessary precautions to ensure employees are safe from fire if for any reason a fire extinguishing system stops working, until the system is working again;
(c) Ensure all repairs to fire extinguishing systems and equipment are done by a qualified technician or mechanic;
(d) Provide and ensure employees use proper personal protective equipment when entering discharge areas in which the atmosphere remains hazardous to employee safety or health, or provide safeguards to prevent employees from entering those areas. See WAC 296-304-02003 for additional requirements applicable to safe entry into spaces containing dangerous atmospheres;
(e) Post hazard warning or caution signs at both the entrance to and inside of areas protected by fixed extinguishing systems that use extinguishing agents in concentrations known to be hazardous to employee safety or health; and
(f) Select, install, inspect, maintain, and test all automatic fire detection systems and emergency alarms according to NFPA 72-2002 National Fire Alarm Code (incorporated by reference, see WAC 296-304-01003).
(4) Fixed extinguishing systems. ((The employer)) You must select, install, maintain, inspect, and test all fixed systems required by WISHA as follows:
(a) Standpipe and hose systems according to NFPA 14-2003 Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems (incorporated by reference, see WAC 296-304-01003);
(b) Automatic sprinkler systems according to NFPA 25-2002 Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems, and either NFPA 13-2002 Standard for the Installation of Sprinkler Systems or NFPA 750-2003 Standard on Water Mist Fire Protection Systems (incorporated by reference, see WAC 296-304-01003);
(c) Fixed extinguishing systems that use water or foam as the extinguishing agent according to NFPA 15-2001 Standard for Water Spray Fixed Systems for Fire Protection; NFPA 11-2005 Standard for Low, Medium, and High-Expansion Foam Systems; (incorporated by reference, see WAC 296-304-01003);
(d) Fixed extinguishing systems using dry chemical as the extinguishing agent according to NFPA 17-2002 Standard for Dry Chemical Extinguishing Systems (incorporated by reference, see WAC 296-304-01003); and
(e) Fixed extinguishing systems using gas as the extinguishing agent according to NFPA 12-2005 Standard on Carbon Dioxide Extinguishing Systems; NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems; and NFPA 2001-2004 Standard on Clean Agent Fire Extinguishing Systems (incorporated by reference, see WAC 296-304-01003).
AMENDATORY SECTION (Amending WSR 05-19-086, filed 9/20/05, effective 12/1/05)
WAC 296-304-01019 Training.
(1) ((The employer)) You must train employees in the applicable requirements of this section:
(a) By March 1, 2006, for employees currently working;
(b) Upon initial assignment for new employees; and
(c) When necessary to maintain proficiency for employees previously trained.
(2) Employee training. ((The employer)) You must ensure that all employees are trained on:
(a) The emergency alarm signals, including system discharge alarms and employee evacuation alarms; and
(b) The primary and secondary evacuation routes that employees must use in the event of a fire in the workplace. While all vessels and vessel sections must have a primary evacuation route, a secondary evacuation route is not required when impracticable.
(3) Additional training requirements for employees expected to fight incipient stage fires. ((The employer)) You must ensure that employees expected to fight incipient stage fires are trained on the following:
(a) The general principles of using fire extinguishers or hose lines, the hazards involved with incipient firefighting, and the procedures used to reduce these hazards;
(b) The hazards associated with fixed and portable fire protection systems that employees may use or to which they may be exposed during discharge of those systems; and
(c) The activation and operation of fixed and portable fire protection systems that the employer expects employees to use in the workplace.
(4) Additional training requirements for shipyard employees designated for fire response. ((The employer)) You must:
(a) Have a written training policy stating that fire response employees must be trained and capable of carrying out their duties and responsibilities at all times;
(b) Keep written standard operating procedures that address anticipated emergency operations and update these procedures as necessary;
(c) Review fire response employee training programs and hands-on sessions before they are used in fire response training to make sure that fire response employees are protected from hazards associated with fire response training;
(d) Provide training for fire response employees that ensures they are capable of carrying out their duties and responsibilities under ((the employer's)) your standard operating procedures;
(e) Train new fire response employees before they engage in emergency operations;
(f) At least quarterly, provide training on the written operating procedures to fire response employees who are expected to fight fires;
(g) Use qualified instructors to conduct the training;
(h) Conduct any training that involves live fire response exercises in accordance with NFPA 1403-2002 Standard on Live Fire Training Evolutions (incorporated by reference, see WAC 296-304-01003);
(i) Conduct semiannual drills according to ((the employer's)) your written procedures for fire response employees that cover site-specific operations, occupancies, buildings, vessels and vessel sections, and fire-related hazards; and
(j) Prohibit the use of smoke generating devices that create a dangerous atmosphere in training exercises.
(5) Additional training requirements for fire watch duty.
(a) ((The employer)) You must ensure that each fire watch is trained by an instructor with adequate fire watch knowledge and experience to cover the items as follows:
(i) Before being assigned to fire watch duty;
(ii) Whenever there is a change in operations that presents a new or different hazard;
(iii) Whenever ((the employer has)) you have reason to believe that the fire watch's knowledge, skills, or understanding of the training previously provided is inadequate; and
(iv) Annually.
(b) ((The employer)) You must ensure that each employee who stands fire watch duty is trained in:
(i) The basics of fire behavior, the different classes of fire and of extinguishing agents, the stages of fire, and methods for extinguishing fires;
(ii) Extinguishing live fire scenarios whenever allowed by local and federal law;
(iii) The recognition of the adverse health effects that may be caused by exposure to fire;
(iv) The physical characteristics of the hot work area;
(v) The hazards associated with fire watch duties;
(vi) The personal protective equipment (PPE) needed to perform fire watch duties safely;
(vii) The use of PPE;
(viii) The selection and use of any fire extinguishers and fire hoses likely to be used by a fire watch in the work area;
(ix) The location and use of barriers;
(x) The means of communication designated by ((the employer)) you for fire watches;
(xi) When and how to start fire alarm procedures; and
(xii) ((The employer's)) Your evacuation plan.
(c) ((The employer)) You must ensure that each fire watch is trained to alert others to exit the space whenever:
(i) The fire watch perceives an unsafe condition;
(ii) The fire watch perceives that a worker performing hot work is in danger;
(iii) ((The employer)) You or a representative of ((the employer)) yours orders an evacuation; or
(iv) An evacuation signal, such as an alarm, is activated.
(6) Records. ((The employer)) You must keep records that demonstrate that employees have been trained as required by subsections (1) through (5) of this section.
(a) ((The employer)) You must ensure that the records include the employee's name; the trainer's name; the type of training; and the date(s) on which the training took place.
(b) ((The employer)) You must keep each training record for one year from the time it was made or until it is replaced with a new training record, whichever is shorter, and make it available for inspection and copying by WISHA on request.
AMENDATORY SECTION (Amending WSR 05-19-086, filed 9/20/05, effective 12/1/05)
WAC 296-304-01021 Competent person.
(1) Application. This section applies to shipyard employment.
(2) Designation.
(a) One or more competent persons ((shall)) must be designated by ((the employer)) you in accordance with the applicable requirements of this section, unless the requirements of WAC 296-304-020 through 296-304-02011, WAC 296-304-030 through 296-304-03009, WAC 296-304-040 through 296-304-04013, and WAC 296-304-080 through 296-304-08011, are always carried out by a marine chemist.
Exception:
The employer may designate any person who meets the applicable portions of the criteria set forth in subsection (3) of this section as a competent person who is limited to performing testing to the following situations:
 
(((i))) 1. Repair work on small craft in boat yards where only combustible gas indicator tests are required for fuel tank leaks or when using flammable paints below decks;
 
(((ii))) 2. Building of wooden vessels where only knowledge of the precautions to be taken when using flammable paints is required;
 
(((iii))) 3. The breaking of vessels where there is no fuel oil or other flammable hazard; and
 
(((iv))) 4. Tests and inspections performed to comply with WAC 296-304-03007 (2)(h) and 296-304-03009 (1)(e).
(b) ((The employer shall)) You must maintain either a roster of designated competent persons or a statement that a marine chemist will perform the tests or inspections which require a competent person.
(c) ((The employer shall)) You must make the roster of designated persons or the statement available to employees, the employee's representative, or the director upon request.
(d) The roster ((shall)) must contain, as a minimum, the following:
(i) The employer's name;
(ii) The designated competent person's name(s); and
(iii) The date the employee was trained as a competent person.
(3) Criteria. ((The employer shall)) You must ensure that each designated competent person has the following skills and knowledge:
(a) Ability to understand and carry out written or oral information or instructions left by marine chemists, Coast Guard-authorized persons and certified industrial hygienists;
(b) Knowledge of WAC 296-304-020 through 296-304-02011, WAC 296-304-030 through 296-304-03009, WAC 296-304-040 through 296-304-04013, and WAC 296-304-080 through 296-304-08011;
(c) Knowledge of the structure, location, and designation of spaces where work is done;
(d) Ability to calibrate and use testing equipment including, but not limited to, oxygen indicators, combustible gas indicators, carbon monoxide indicators, and carbon dioxide indicators, and to interpret accurately the test results of that equipment;
(e) Ability to perform all required tests and inspections which are or may be performed by a competent person as set forth in WAC 296-304-020 through 296-304-02011, WAC 296-304-030 through 296-304-03009, WAC 296-304-040 through 296-304-04013, and WAC 296-304-080 through 296-304-08011;
(f) Ability to inspect, test, and evaluate spaces to determine the need for further testing by a marine chemist or a certified industrial hygienist; and
(g) Ability to maintain records required by this section.
(4) Recordkeeping.
(a) When tests and inspections are performed by a competent person, marine chemist, or certified industrial hygienist as required by any provisions of WAC 296-304-020 through 296-304-02011, WAC 296-304-030 through 296-304-03009, WAC 296-304-040 through 296-304-04013, or WAC 296-304-080 through 296-304-08011, ((the employer shall)) you must ensure that the person performing the test and inspection records the location, time, date, location of inspected spaces, and the operations performed, as well as the test results and any instructions.
(b) ((The employer shall)) You must ensure that the records are posted in the immediate vicinity of the affected operations while work in the spaces is in progress. The records ((shall)) must be kept on file for a period of at least three months from the completion date of the specific job for which they were generated.
(c) ((The employer shall)) You must ensure that the records are available for inspection by the director, and employees and their representatives.
AMENDATORY SECTION (Amending WSR 07-17-034, filed 8/7/07, effective 12/1/07)
WAC 296-304-020 Confined and enclosed spaces and other dangerous atmospheres in shipyard employment.
Scope, application and definitions applicable to this subsection:
(1) Scope and application. This section applies to work in confined and enclosed spaces and other dangerous atmospheres in shipyard employment, including vessels, vessel sections, and on land-side operations regardless of geographic location.
(2) Definitions applicable to this section:
Adjacent spaces ((means)). Those spaces bordering a subject space in all directions, including all points of contact, corners, diagonals, decks, tank tops, and bulkheads.
Certified industrial hygienist (CIH) ((means)). An industrial hygienist who is certified by the American Board of Industrial Hygiene.
Coast Guard authorized person ((means)). An individual who meets the requirement of WAC 296-304-02015, Appendix C, for tank vessels, for passenger vessels, and for cargo and miscellaneous vessels.
Dangerous atmosphere ((means)). An atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space), injury, or acute illness.
Director ((means)). The director of the department of labor and industries or his/her designated representative.
Enter with restrictions. Denotes a space where entry for work is permitted only if engineering controls, personal protective equipment, clothing, and time limitations are as specified by the marine chemist, certified industrial hygienist, or the shipyard competent person.
Entry ((means)). The action by which a person passes through an opening into a space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.
Hot work ((means)). Any activity involving riveting, welding, burning, the use of powder-actuated tools or similar fire-producing operations. Grinding, drilling, abrasive blasting, or similar spark-producing operations are also considered hot work except when such operations are isolated physically from any atmosphere containing more than 10 percent of the lower explosive limit of a flammable or combustible substance.
Immediately dangerous to life or health (IDLH) ((means)). An atmosphere that poses an immediate threat to life or that is likely to result in acute or immediate severe health effects.
Inert or inerted atmosphere ((means)). An atmospheric condition where:
(a) The oxygen content of the atmosphere in the space is maintained at a level equal to or less than 8.0 percent by volume or at a level at or below 50 percent of the amount required to support combustion, whichever is less; or
(b) The space is flooded with water and the vapor concentration of flammable or combustible materials in the free space atmosphere above the water line is less than 10 percent of the lower explosive limit for the flammable or combustible material.
Labeled ((means)). Identified with a sign, placard, or other form of written communication, including pictograms, that provides information on the status or condition of the work space to which it is attached.
Lower explosive limit (LEL) ((means)). The minimum concentration of vapor in air below which propagation of a flame does not occur in the presence of an ignition source.
Marine chemist ((means)). An individual who possesses a current marine chemist certificate issued by the National Fire Protection Association (NFPA).
NFPA ((means)). National Fire Protection Association.
Nationally Recognized Testing Laboratory (NRTL) ((means)). An organization recognized by OSHA, in accordance with Appendix A of 29 C.F.R. 1910.7, which tests for safety and lists or labels or accepts equipment and materials that meet all the criteria found in Section 1910.7 (b)(1) through (b)(4)(ii).
Not safe for hot work ((denotes)). A space where hot work may not be performed because the conditions do not meet the criteria for "safe for hot work."
Not safe for workers ((denotes)). A space where an employee may not enter because the conditions do not meet the criteria for "safe for workers."
Oxygen-deficient atmosphere ((means)). An atmosphere having an oxygen concentration of less than 19.5 percent by volume.
Oxygen-enriched atmosphere ((means)). An atmosphere that contains 22.0 percent or more oxygen by volume.
Safe for hot work ((denotes)). A space that meets all of the following criteria:
(a) The oxygen content of the atmosphere does not exceed 22.0 percent by volume;
(b) The concentration of flammable vapors in the atmosphere is less than 10 percent of the lower explosive limit;
(c) The residues or materials in the space are not capable of producing a higher concentration than permitted in (a) or (b) of the above, under existing atmospheric conditions in the presence of hot work and while maintained as directed by the marine chemist or competent person; and
(d) All adjacent spaces have been cleaned, or inerted, or treated sufficiently to prevent the spread of fire.
Safe for workers ((denotes)). A space that meets the following criteria:
(a) The oxygen content of the atmosphere is at least 19.5 percent and below 22.0 percent by volume;
(b) The concentration of flammable vapors is below 10 percent of the lower explosive limit (LEL);
(c) Any toxic materials in the atmosphere associated with cargo, fuel, tank coatings, or inerting media are within permissible concentrations at the time of the inspection; and
(d) Any residues or materials associated with the work authorized by the marine chemist, certified industrial hygienist, or competent person will not produce uncontrolled release of toxic materials under existing atmospheric conditions while maintained as directed.
Space ((means)). An area on a vessel or vessel section or within a shipyard such as, but not limited to: Cargo tanks or holds; pump or engine rooms; storage lockers; tanks containing flammable or combustible liquids, gases, or solids; rooms within buildings; crawl spaces; tunnels; or accessways. The atmosphere within a space is the entire area within its bounds.
Upper explosive limit (UEL) ((means)). The maximum concentration of flammable vapor in air above which propagation of flame does not occur on contact with a source of ignition.
Vessel section ((means)). A subassembly, module, or other component of a vessel being built, repaired, or broken.
Visual inspection ((means)). The physical survey of the space, its surroundings and contents to identify hazards such as, but not limited to, restricted accessibility, residues, unguarded machinery, and piping or electrical systems.
AMENDATORY SECTION (Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)
WAC 296-304-02003 Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres.
((The employer shall)) You must ensure that atmospheric testing is performed in the following sequence: Oxygen content, flammability, toxicity.
(1) Oxygen content.
(a) ((The employer shall)) You must ensure that the following spaces are visually inspected and tested by a competent person to determine the atmosphere's oxygen content prior to initial entry into the space by an employee:
(i) Spaces that have been sealed, such as, but not limited to, spaces that have been coated and closed up, and nonventilated spaces that have been freshly painted;
(ii) Spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases;
(iii) Spaces and adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive, or irritant;
(iv) Spaces and adjacent spaces that have been fumigated; and
(v) Spaces containing materials or residues of materials that create an oxygen-deficient atmosphere.
(b) If the space to be entered contains an oxygen deficient atmosphere, the space ((shall)) must be labeled "not safe for workers" or, if oxygen-enriched, "not safe for workers—not safe for hot work." If an oxygen-deficient or oxygen-enriched atmosphere is found, ventilation ((shall)) must be provided at volumes and flow rates sufficient to ensure that the oxygen content is maintained at or above 19.5 percent and below 22.0 percent by volume. The warning label may be removed when the oxygen content is equal to or greater than 19.5 and less than 22.0 percent by volume.
(c) An employee may not enter a space where the oxygen content, by volume, is below 19.5 percent or above 22.0 percent.
Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space provided:
(i) The atmosphere in the space is monitored for oxygen content, by volume, continuously; and
(ii) Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with WAC 296-304-090 through 296-304-09007.
Note to (a):
Other provisions for work in IDLH atmospheres are located in WAC 296-304-090 through 296-304-09007.
(2) Flammable atmospheres.
(a) ((The employer shall)) You must ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases are:
(i) Inspected visually by the competent person to determine the presence of combustible or flammable liquids; and
(ii) Tested by a competent person prior to entry by an employee to determine the concentration of flammable vapors and gases within the space.
(b) If the concentration of flammable vapors or gases in the space to be entered is equal to or greater than 10 percent of the lower explosive limit, the space shall be labeled "not safe for workers" and "not safe for hot work." Ventilation ((shall)) must be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors is maintained below 10 percent of the lower explosive limit. The warning labels may be removed when the concentration of flammable vapors is below 10 percent of the lower explosive limit.
(c) An employee may not enter a space where the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit.
Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space, provided:
(i) No ignition sources are present;
(ii) The atmosphere in the space is monitored continuously;
(iii) Atmospheres at or above the upper explosive limit are maintained; and
(iv) Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with WAC 296-304-090 through 296-304-09007.
Note 1 to (2):
Additional provisions for work in IDLH atmospheres are located in WAC 296-304-090 through 296-304-09007.
Note 2 to (2):
Additional provisions for work in spaces containing a flammable substance which also has a permissible exposure limit, are located in subsection (3) of this section and chapter 296-841 WAC.
(3) Toxic, corrosive, irritant or fumigated atmospheres and residues.
(a) ((The employer shall)) You must ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive or irritant are:
(i) Inspected visually by the competent person to determine the presence of toxic, corrosive, or irritant residue contaminants; and
(ii) Tested by a competent person prior to initial entry by an employee to determine the air concentration of toxics, corrosives, or irritants within the space.
(b) If a space contains an air concentration of a material which exceeds a chapter 296-841 WAC, permissible exposure limit (PEL) or is IDLH, the space shall be labeled "not safe for workers." Ventilation ((shall)) must be provided at volumes and flow rates which will ensure that air concentrations are maintained within the PEL or, in the case of contaminants for which there is no established PEL, below the IDLH. The warning label may be removed when the concentration of contaminants is maintained within the PEL or below IDLH level.
(c) If a space cannot be ventilated to within the PELs or is IDLH, a marine chemist or CIH must retest until the space can be certified "enter with restrictions" or "safe for workers."
(d) An employee may not enter a space whose atmosphere exceeds a PEL or is IDLH.
Exception: An employee may enter for emergency rescue, or for a short duration for installation of ventilation equipment provided:
(i) The atmosphere in the space is monitored continuously;
(ii) Respiratory protection and other necessary and appropriate personal protective equipment and clothing are provided in accordance with WAC 296-304-090 through 296-304-09007.
Note to (3):
Other provisions for work in IDLH atmospheres are located in WAC 296-304-090 through 296-304-9007.
(4) Training of employees entering confined and enclosed spaces or other dangerous atmospheres.
(a) ((The employer shall)) You must ensure that each employee that enters a confined or enclosed space and other areas with dangerous atmospheres is trained to perform all required duties safely.
(b) ((The employer shall)) You must ensure that each employee who enters a confined space, enclosed space, or other areas with dangerous atmospheres is trained to:
(i) Recognize the characteristics of the confined space;
(ii) Anticipate and be aware of the hazards that may be faced during entry;
(iii) Recognize the adverse health effects that may be caused by the exposure to a hazard;
(iv) Understand the physical signs and reactions related to exposures to such hazards;
(v) Know what personal protective equipment is needed for safe entry into and exit from the space;
(vi) Use personal protective equipment; and
(vii) Where necessary, be aware of the presence and proper use of barriers that may be needed to protect an entrant from hazards.
(c) ((The employer shall)) You must ensure that each entrant into confined or enclosed spaces or other dangerous atmospheres is trained to exit the space or dangerous atmosphere whenever:
(i) ((The employer)) You or his or her representative orders evacuation;
(ii) An evacuation signal such as an alarm is activated; or
(iii) The entrant perceives that he or she is in danger.
(d) ((The employer shall)) You must provide each employee with training:
(i) Before the entrant begins work addressed by this chapter; and
(ii) Whenever there is a change in operations or in an employee's duties that presents a hazard about which the employee has not previously been trained.
(e) ((The employer shall)) You must certify that the training required by (a) through (d) of this subsection has been accomplished.
(i) The certification ((shall)) must contain the employee's name, the name of the certifier, and the date(s) of the certification.
(ii) The certification ((shall)) must be available for inspection by the director, employees, and their representatives.
(5) Rescue teams. ((The employer shall)) You must either establish a shipyard rescue team or arrange for an outside rescue team which will respond promptly to a request for rescue service.
(a) Shipyard rescue teams ((shall)) must meet the following criteria:
(i) Each employee assigned to the shipyard team ((shall)) must be provided with and trained to use the personal protective equipment he or she will need, including respirators and any rescue equipment necessary for making rescues from confined and enclosed spaces and other dangerous atmospheres.
(ii) Each employee assigned to the shipyard rescue team ((shall)) must be trained to perform his or her rescue functions including confined and enclosed and other dangerous atmosphere entry.
(iii) Shipyard rescue teams ((shall)) must practice their skills at least once every 12 months. Practice drills ((shall)) must include the use of mannequins and rescue equipment during simulated rescue operations involving physical facilities that approximate closely those facilities from which rescue may be needed.
Note to (5)(a)(iii):
If the team performs an actual rescue during the 12 month period, an additional practice drill for that type of rescue is not required.
(iv) At least one person on each rescue team ((shall)) must maintain current certification in basic first aid which includes maintenance of an airway, control of bleeding, maintenance of circulation and cardiopulmonary resuscitation (CPR) skills.
(b) ((The employer shall)) You must inform outside rescue teams of the hazards that the team may encounter when called to perform confined and enclosed space or other dangerous atmosphere rescue at ((the employer's)) your facility so that the rescue team can be trained and equipped.
Note to (5):
The criteria for in-house rescue, listed in (5)(a) can be used by the employer in evaluating outside rescue services.
(6) Exchanging hazard information between employers. Each employer whose employees work in confined and enclosed spaces or other dangerous atmospheres ((shall)) must ensure that all available information on the hazards, safety rules, and emergency procedures concerning those spaces and atmospheres is exchanged with any other employer whose employees may enter the same spaces.
AMENDATORY SECTION (Amending WSR 07-17-034, filed 8/7/07, effective 12/1/07)
WAC 296-304-02005 Cleaning and other cold work.
(1) Locations covered by this section. ((The employer shall)) You must ensure that manual cleaning and other cold work are not performed in the following spaces unless the conditions of subsection (2) of this section have been met:
(a) Spaces containing or having last contained bulk quantities of combustible or flammable liquids or gases; and
(b) Spaces containing or having last contained bulk quantities of liquids, gases or solids that are toxic, corrosive or irritating.
(2) Requirements for performing cleaning or cold work.
(a) Liquid residues of hazardous materials ((shall)) must be removed from work spaces as thoroughly as practicable before employees start cleaning operations or cold work in a space. Special care ((shall)) must be taken to prevent the spilling or the draining of these materials into the water surrounding the vessel, or for shore-side operations, onto the surrounding work area.
(b) Testing ((shall)) must be conducted by a competent person to determine the concentration of flammable, combustible, toxic, corrosive, or irritant vapors within the space prior to the beginning of cleaning or cold work.
(c) Continuous ventilation ((shall)) must be provided at volumes and flow rates sufficient to ensure that the concentration(s) of:
(i) Flammable vapor is maintained below 10 percent of the lower explosive limit; and
Note to (2)(c)(i):
Spaces containing highly volatile residues may require additional ventilation to keep the concentration of flammable vapors below 10 percent of the lower explosive limit and within the permissible exposure limit.
(ii) Toxic, corrosive, or irritant vapors are maintained within the permissible exposure limits and below IDLH levels.
(d) Testing ((shall)) must be conducted by the competent person as often as necessary during cleaning or cold work to assure that air concentrations are below 10 percent of the lower explosive limit and within the PELs and below IDLH levels. Factors such as, but not limited to, temperature, volatility of the residues and other existing conditions in and about the spaces are to be considered in determining the frequency of testing necessary to assure a safe atmosphere.
Note to (2)(d):
See WAC 296-304-02013—Appendix B, for additional information on frequency of testing.
(e) Spills or other releases of flammable, combustible, toxic, corrosive, and irritant materials ((shall)) must be cleaned up as work progresses.
(f) An employee may not enter a confined or enclosed space or other dangerous atmosphere if the concentration of flammable or combustible vapors in work spaces exceeds 10 percent of the lower explosive limit.
Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment provided:
(i) No ignition sources are present;
(ii) The atmosphere in the space is monitored continuously;
(iii) The atmosphere in the space is maintained above the upper explosive limit; and
(iv) Respiratory protection, personal protective equipment, and clothing are provided in accordance with WAC 206-304-090 through 296-304-09007.
Note to (2)(f):
Other provisions for work in IDLH and other dangerous atmospheres are located in WAC 296-304-090 through 296-304-09007.
(g) A competent person ((shall)) must test ventilation discharge areas and other areas where discharged vapors may collect to determine if vapors discharged from the spaces being ventilated are accumulating in concentrations hazardous to employees.
(h) If the tests required in (g) of this subsection indicate that concentrations of exhaust vapors that are hazardous to employees are accumulating, all work in the contaminated area ((shall)) must be stopped until the vapors have dissipated or been removed.
(i) Only explosion-proof, self-contained portable lamps, or other electric equipment approved by a National Recognized Testing Laboratory (NRTL) for the hazardous location ((shall)) must be used in spaces described in subsection (1) of this section, until such spaces have been certified as "safe for workers."
Note to (2)(i):
Battery-fed, portable lamps or other electric equipment bearing the approval of a NRTL for the class, and division of the location in which they are used are deemed to meet the requirements of (i) of this subsection.
(j) ((The employer shall)) You must prominently post signs that prohibit sources of ignition within or near a space that has contained flammable or combustible liquids or gases in bulk quantities:
(i) At the entrance to those spaces;
(ii) In adjacent spaces; and
(iii) In the open area adjacent to those spaces.
(k) All air moving equipment and its component parts, including duct work, capable of generating a static electric discharge of sufficient energy to create a source of ignition, ((shall)) must be bonded electrically to the structure of a vessel or vessel section or, in the case of land-side spaces, grounded to prevent an electric discharge in the space.
(l) Fans ((shall)) must have nonsparking blades, and portable air ducts shall be of nonsparking materials.
Note to (2):
See WAC 296-304-02003(3) and applicable requirements of chapter 296-62 WAC, general occupational health standards, for other provisions affecting cleaning and cold work.
AMENDATORY SECTION (Amending WSR 07-17-034, filed 8/7/07, effective 12/1/07)
WAC 296-304-02007 Hot work.
(1) Hot work requiring testing by a marine chemist or Coast Guard authorized person.
(a) ((The employer shall)) You must ensure that hot work is not performed in or on any of the following confined and enclosed spaces and other dangerous atmospheres, boundaries of spaces or pipelines until the work area has been tested and certified by a marine chemist or a U.S. Coast Guard authorized person as "safe for hot work":
(i) Within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids or gases.
(ii) Within, on, or immediately adjacent to fuel tanks that contain or have last contained fuel; and
(iii) On pipelines, heating coils, pump fittings or other accessories connected to spaces that contain or have last contained fuel.
(iv) Exception: On dry cargo, miscellaneous and passenger vessels and in the landside operations within spaces which meet the standards for oxygen, flammability and toxicity in WAC 296-304-02003, but are adjacent to spaces containing flammable gases or liquids, as long as the gases or liquids with a flash point below 150 deg. F (65.6 deg. C) when the distance between such spaces and the work is 25 feet (7.62 m) or greater.
Note:
For flammable liquids with flash points above 150 deg. F (65.6 deg. C), see subsection (2) of this section.
Note to (1)(a):
The criteria for "safe for hot work" is located in the definition section, WAC 296-304-020(2).
(b) The certificate issued by the marine chemist or Coast Guard authorized person ((shall)) must be posted in the immediate vicinity of the affected operations while they are in progress and kept on file for a period of at least three months from the date of the completion of the operation for which the certificate was generated.
(2) Hot work requiring testing by a competent person.
(a) Hot work is not permitted in or on the following spaces or adjacent spaces or other dangerous atmospheres until they have been tested by a competent person and determined to contain no concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit:
(i) Dry cargo holds;
(ii) The bilges;
(iii) The engine room and boiler spaces for which a marine chemist or a Coast Guard authorized person certificate is not required under subsection (1)(a)(i) of this section; and
(iv) Vessels and vessel sections for which a marine chemist or Coast Guard authorized person certificate is not required under subsection (1)(a)(i) of this section; and
(v) Land-side confined and enclosed spaces or other dangerous atmospheres not covered by subsection (1)(a) of this section.
(b) If the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit in the space or an adjacent space where the hot work is to be done, then the space ((shall)) must be labeled "not safe for hot work" and ventilation ((shall)) must be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors or gases is below 10 percent by volume of the lower explosive limit. The warning label may be removed when the concentration of flammable vapors and gases are below 10 percent of the lower explosive limit.
Note to
WAC 296-304-02007:
See WAC 296-304-02013—Appendix B, for additional information relevant to performing hot work safely.
AMENDATORY SECTION (Amending WSR 03-04-099, filed 2/4/03, effective 8/1/03)
WAC 296-304-02009 Maintenance of safe conditions.
(1) Preventing hazardous materials from entering. Pipelines that could carry hazardous materials into spaces that have been certified "safe for workers" or "safe for hot work" ((shall)) must be disconnected, blanked off, or otherwise blocked by a positive method to prevent hazardous materials from being discharged into the space.
(2) Alteration of existing conditions. When a change that could alter conditions within a tested confined or enclosed space or other dangerous atmosphere occurs, work in the affected space or area ((shall)) must be stopped. Work may not be resumed until the affected space or area is visually inspected and retested and found to comply with WAC 296-304-02003, 296-304-02005, and 296-304-02007, as applicable.
Note to (2):
Examples of changes that would warrant the stoppage of work include: The opening of manholes or other closures or the adjusting of a valve regulating the flow of hazardous materials.
(3) Tests to maintain the conditions of a marine chemist's or Coast Guard authorized person's certificates. A competent person ((shall)) must visually inspect and test each space certified as "safe for workers" or "safe for hot work," as often as necessary to ensure that atmospheric conditions within that space are maintained within the conditions established by the certificate after the certificate has been issued.
(4) Change in the conditions of a marine chemist's or Coast Guard authorized person's certificate. If a competent person finds that the atmospheric conditions within a certified space fail to meet the applicable requirements of WAC 296-304-02003, 296-304-02005, and 296-304-02007, work in the certified space ((shall)) must be stopped and may not be resumed until the space has been retested by a marine chemist or Coast Guard authorized person and a new certificate issued in accordance with WAC 296-304-02007(1).
(5) Tests to maintain a competent person's findings. After a competent person has conducted a visual inspection and tests required in WAC 296-304-02003, 296-304-02005, and 296-304-02007 and determined a space to be safe for an employee to enter, he or she ((shall)) must continue to test and visually inspect spaces as often as necessary to ensure that the required atmospheric conditions within the tested space are maintained.
(6) Changes in conditions determined by competent person's findings. After the competent person has determined initially that a space is safe for an employee to enter and he or she finds subsequently that the conditions within the tested space fail to meet the requirements of WAC 296-304-02003, 296-304-02005, and 296-304-02007, as applicable, work ((shall)) must be stopped until the conditions in the tested space are corrected to comply with WAC 296-304-02003, 296-304-02005, and 296-304-02007, as applicable.
AMENDATORY SECTION (Amending WSR 95-04-006, filed 1/18/95, effective 3/10/95)
WAC 296-304-02011 Warning signs and labels.
(1) Employee comprehension of signs and labels. ((The employer shall)) You must ensure that each sign or label posted to comply with the requirements of this section is presented in a manner that can be perceived and understood by all employees.
(2) Posting of large work areas. A warning sign or label required by subsection (1) of this section need not be posted at an individual tank, compartment or work space within a work area if the entire work area has been tested and certified: "Not safe for workers," "not safe for hot work," and if the sign or label to this effect is posted conspicuously at each means of access to the work area.
AMENDATORY SECTION (Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)
WAC 296-304-03001 Toxic cleaning solvents.
(1) When toxic solvents are used, ((the employer shall)) you must employ one or more of the following measures to safeguard the health of employees exposed to these solvents.
(a) The cleaning operation ((shall)) must be completely enclosed to prevent the escape of vapor into the working space.
(b) Either natural ventilation or mechanical exhaust ventilation ((shall)) must be used to remove the vapor at the source and to dilute the concentration of vapors in the working space to a concentration which is safe for the entire work period.
(c) ((The employer)) You must ensure that employees are protected against:
(()) (i) Toxic vapors by suitable respiratory protective equipment that meets the requirements of chapter 296-842 WAC; and
(()) (ii) Exposure of skin and eyes to contact with toxic solvents and their vapors by suitable clothing and equipment.
(2) The principles in the threshold limit values to which attention is directed in WAC 296-304-02005 and applicable sections in chapters 296-62 and 296-841 WAC will be used by the department of labor and industries in enforcement proceedings in defining a safe concentration of air contaminants.
(3) When flammable solvents are used, precautions ((shall)) must be taken in accordance with the requirements of WAC 296-304-03009.
AMENDATORY SECTION (Amending WSR 98-02-006, filed 12/26/97, effective 3/1/98)
WAC 296-304-03003 Chemical paint and preservative removers.
(1) ((The employer)) You must ensure that employees are protected against:
(()) (a) Skin contact during the handling and application of chemical paint and preservative removers; and
(()) (b) Eye injury by goggles or face shields that meet the requirements of WAC 296-304-09005 (1) and (2).
(2) When using flammable paint and preservative removers precautions ((shall)) must be taken in accordance with the requirements of WAC 296-304-03009.
(3) When using chemical paint and preservative removers which contain volatile and toxic solvents, such as benzol, acetone and amyl acetate, the provisions of WAC 296-304-03001 ((shall)) must be applicable.
(4) ((The employer)) You must ensure that employees using paint and rust removers containing strong acids or alkalies are protected by suitable face shields to prevent chemical burns on the face and neck according to the requirements of WAC 296-304-09005 (1) and (2).
(5) ((The employer)) You must ensure that all employees working within range of a steam gun blast are protected by suitable face shields according to the requirements of WAC 296-304-09005 (1) and (2). Metal parts of the steam gun itself must be insulated to protect the operator against heat burns.
AMENDATORY SECTION (Amending WSR 06-12-074, filed 6/6/06, effective 9/1/06)
WAC 296-304-03005 Mechanical paint removers.
(1) Power tools.
(a) ((The employer)) You must ensure that employees engaged in the removal of paints, preservatives, rusts or other coatings by means of power tools are protected against eye injury by goggles or face shields that meets the requirements of WAC 296-304-09005 (1) and (2).
(b) All portable rotating tools used for the removal of paints, preservatives, rusts or other coatings ((shall)) must be adequately guarded to protect both the operator and nearby workers from flying missiles.
(c) Portable electric tools ((shall)) must be grounded in accordance with the requirements of WAC 296-304-08003 (1) and (2).
(d) In a confined space, ((the employer)) you must provide mechanical exhaust ventilation sufficient to keep the dust concentration to a minimum, or must protect employees by respiratory protective equipment that meets the requirements of chapter 296-842 WAC.
(2) Flame removal.
(a) ((The employer)) You must ensure that when hardened preservative coatings are removed by flame in enclosed spaces, the employees exposed to fumes are protected by air line respirators that meet the requirements of chapter 296-842 WAC. Employees performing this operation in the open air, and those exposed to the resulting fumes, must be protected by a fume filter respirator that meets the requirements of chapter 296-842 WAC.
(b) Flame or heat ((shall)) must not be used to remove soft and greasy preservative coatings.
(3) Abrasive blasting.
(a) Equipment. Hoses and fittings used for abrasive blasting ((shall)) must meet the following requirements:
(i) Hoses((. Hose)) of a type to prevent shocks from static electricity ((shall)) must be used.
(ii) Hose couplings. Hose lengths ((shall)) must be joined by metal couplings secured to the outside of the hose to avoid erosion and weakening of the couplings.
(iii) Nozzles((. Nozzles shall)) must be attached to the hose by fittings that will prevent the nozzle from unintentionally becoming disengaged. Nozzle attachments shall be of metal and ((shall)) must fit onto the hose externally.
(iv) Dead man control. A dead man control device ((shall)) must be provided at the nozzle end of the blasting hose either to provide direct cutoff or to signal the pot tender by means of a visual and audible signal to cut off the flow, in the event the blaster loses control of the hose. The pot tender ((shall)) must be available at all times to respond immediately to the signal.
(b) Replacement. Hoses and all fittings used for abrasive blasting ((shall)) must be inspected frequently to ((insure)) ensure timely replacement before an unsafe amount of wear has occurred.
(c) Personal protective equipment.
(i) ((The employer)) You must ensure that abrasive blasters working in enclosed spaces are protected by abrasive blasting respirators that meet the requirements of chapter 296-818 WAC, Abrasive blasting and chapter 296-842 WAC.
(ii) ((The employer)) You must ensure that abrasive blasters working in the open are protected as required in subsection (1) of this section.
Exception:
When synthetic abrasives containing less than one percent free silica are used, the employer may substitute particulate or dust filter respirators that are approved by the National Institute of Safety and Health (NIOSH) and used according to chapter 296-842 WAC.
(iii) ((The employer)) You must ensure that employees, including machine tenders and abrasive recovery workers, working in areas where unsafe concentrations of abrasive materials and dusts are present are protected by eye and respiratory protective equipment that meets the requirements of WAC 296-304-09005 (1) and (2) and chapter 296-842 WAC.
Exception:
This requirement does not apply to blasters.
(iv) ((The employer)) You must ensure that a blaster is protected against injury from exposure to the blast by appropriate protective clothing, including gloves that meet the requirements of WAC 296-304-09015(1).
(v) A surge from a drop in pressure in the hose line can throw a blaster off the staging. To protect against this hazard, ((the employer)) you must ensure that a blaster is protected by a personal fall arrest system, that meets the requirements of WAC 296-304-09021. The personal fall arrest system must be tied off to the ship or other structure during blasting from elevations where adequate fall protection cannot be provided by railings.
AMENDATORY SECTION (Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)
WAC 296-304-03007 Painting.
All respirators required by this section must meet the requirements of chapter 296-842 WAC.
(1) Paints mixed with toxic vehicles or solvents.
(a) When employees spray paints mixed with toxic vehicles or solvents, ((the employer)) you must ensure that the following conditions are met:
(i) In confined spaces, employees continuously exposed to spraying are protected by air line respirators.
(ii) In tanks or compartments, employees continuously exposed to spraying are protected by air line respirators. Where mechanical ventilation is provided, employees are protected by respirators.
(iii) In large and well ventilated areas, employees exposed to spraying are protected by respirators.
(b) ((The employer)) You must ensure that where employees apply by brush paints with toxic solvents in confined spaces or other areas where lack of ventilation creates a hazard, the employees are protected by filter respirators.
(c) When flammable paints or vehicles are used, precautions ((shall)) must be taken in accordance with the requirements of WAC 296-304-03009.
(d) The metallic parts of air moving devices, including fans, blowers, and jet-type air movers, and all duct work ((shall)) must be electrically bonded to the vessel's structure.
(2) Paints and tank coatings dissolved in highly volatile, toxic and flammable solvents. Several organic coatings, adhesives and resins are dissolved in highly toxic, flammable and explosive solvents with flash points below 80°F. Work involving such materials ((shall)) must be done only when all of the following special precautions have been taken:
(a) Sufficient exhaust ventilation ((shall)) must be provided to keep the concentration of solvent vapors below ten percent of the lower explosive limit. Frequent tests ((shall)) must be made by a competent person to ascertain the concentration.
(b) If the ventilation fails or if the concentration of solvent vapors reaches or exceeds ten percent of the lower explosive limit, painting ((shall)) must be stopped and the compartment ((shall)) must be evacuated until the concentration again falls below ten percent of the lower explosive limit. If the concentration does not fall when painting is stopped, additional ventilation to bring the concentration down to ten percent of the lower explosive limit ((shall)) must be provided.
(c) Ventilation ((shall)) must be continued after the completion of painting until the space or compartment is gas free. The final determination as to whether the space or compartment is gas free ((shall)) must be made after the ventilating equipment has been shut off for a least ten minutes.
(d) Exhaust ducts ((shall)) must discharge clear of working areas and away from sources of possible ignition. Periodic tests ((shall)) must be made to ensure that the exhausted vapors are not accumulating in other areas within or around the vessel or dry dock.
(e) All motors and control equipment ((shall)) must be of the explosion-proof type. Fans ((shall)) must have nonferrous blades. Portable air ducts ((shall)) must also be of nonferrous materials. All motors and associated control equipment ((shall)) must be properly maintained and grounded.
(f) Only nonsparking paint buckets, spray guns and tools ((shall)) must be used. Metal parts of paint brushes and rollers ((shall)) must be insulated. Staging ((shall)) must be erected in a manner which ensures that it is nonsparking.
(g) Only explosion proof lights, approved by the Underwriters' Laboratories for use in Class I, Group D atmospheres, or approved as permissible by the U.S. Bureau of Mines or the U.S. Coast Guard, ((shall)) must be used.
(h) A competent person ((shall)) must inspect all power and lighting cables to ensure that the insulation is in excellent condition, free of all cracks and worn spots, that there are no connections within fifty feet of the operation, that lines are not overloaded, and that they are suspended with sufficient slack to prevent undue stress or chafing.
(i) The face, eyes, head, hands and all other exposed parts of the bodies of employees handling highly volatile paints must be protected according to WAC 296-304-090. All footwear must be nonsparking, such as rubbers, rubber boots or rubber soled shoes without nails. Coveralls or other outer clothing must be made of cotton. Rubber gloves, instead of plastic gloves, must be used to protect against the danger of static sparks.
(j) No matches, lighted cigarettes, cigars, or pipes, and no cigarette lighters or ferrous articles ((shall)) must be taken into the area where work is being done.
(k) All solvent drums taken into the compartment ((shall)) must be placed on nonferrous surfaces and ((shall)) must be grounded to the vessel. Metallic contact ((shall)) must be maintained between containers and drums when materials are being transferred from one to another.
(l) Spray guns, paint pots, and metallic parts of connecting tubing ((shall)) must be electrically bonded, and the bonded assembly ((shall)) must be grounded to the vessel.
(m) ((The employer)) You must ensure that all employees continuously in a compartment in which such painting is performed, are protected by air line respirators and by suitable protective clothing. Employees entering such compartments for a limited time must be protected by filter cartridge type respirators.
(n) ((The employer)) You must ensure that all employees doing exterior paint spraying with such paints are protected by suitable filter cartridge type respirators and by suitable protective clothing.
AMENDATORY SECTION (Amending Order 74-25, filed 5/7/74)
WAC 296-304-03009 Flammable liquids.
(((1))) In all cases when liquid solvents, paint and preservative removers, paints or vehicles, other than those covered by WAC 296-304-03007(2), are capable of producing a flammable atmosphere under the conditions of use the following precautions ((shall)) must be taken:
(((a))) (1) Smoking, open flames, arcs and spark-producing equipment ((shall)) must be prohibited in the area.
(((b))) (2) Ventilation ((shall)) must be provided in sufficient quantities to keep the concentration of vapors below ten percent of their lower explosive limit. Frequent tests ((shall)) must be made by a competent person to ascertain the concentration.
(((c))) (3) Scrapings and rags soaked with these materials ((shall)) must be kept in a covered metal container.
(((d))) (4) Only explosion proof lights, approved by the Underwriters' Laboratories for use in Class I, Group D atmospheres, or approved as permissible by the U.S. Bureau of Mines or the U.S. Coast Guard, ((shall)) must be used.
(((e))) (5) A competent person ((shall)) must inspect all power and lighting cables to ensure that the insulation is in excellent condition, free of all cracks and worn spots, that there are no connections within fifty feet of the operation, that lines are not overloaded, and that they are suspended with sufficient slack to prevent undue stress or chafing.
(((f))) (6) Suitable fire extinguishing equipment ((shall)) must be immediately available in the work area and shall be maintained in a state of readiness for instant use.
AMENDATORY SECTION (Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)
WAC 296-304-04001 Ventilation and protection in welding, cutting and heating.
(1) Mechanical ventilation requirements.
(a) For the purposes of this section, mechanical ventilation ((shall)) must meet the following requirements:
(i) Mechanical ventilation ((shall)) must consist of either general mechanical ventilation systems or local exhaust systems.
(ii) General mechanical ventilation ((shall)) must be of sufficient capacity and so arranged as to produce the number of air changes necessary to maintain welding fumes and smoke within safe limits.
(iii) Local exhaust ventilation ((shall)) must consist of freely movable hoods intended to be placed by the welder or burner as close as practicable to the work. This system ((shall)) must be of sufficient capacity and so arranged as to remove fumes and smoke at the source and keep the concentration of them in the breathing zone within safe limits.
(iv) Contaminated air exhausted from a working space ((shall)) must be discharged into the open air or otherwise clear of the source of intake air.
(v) All air replacing that withdrawn ((shall)) must be clean and respirable.
(vi) Oxygen ((shall)) must not be used for ventilation purposes, comfort cooling, blowing dust or dirt from clothing, or for cleaning the work area.
(2) Welding, cutting and heating in confined spaces.
(a) Except as provided in WAC 296-304-04001 (2)(c) and (3)(b), either general mechanical or local exhaust ventilation meeting the requirements of (1) of this section ((shall)) must be provided whenever welding, cutting or heating is performed in a confined space.
(b) The means of access ((shall)) must be provided to a confined space and ventilation ducts to this space ((shall)) must be arranged in accordance with WAC 296-304-05011 (2)(a) and (b).
(c) When sufficient ventilation cannot be obtained without blocking the means of access, employees in the confined space ((shall)) must be protected by air line respirators in accordance with the requirements of chapter 296-842 WAC, and an employee on the outside of such a confined space ((shall)) must be assigned to maintain communication with those working within it and to aid them in an emergency.
(3) Welding, cutting or heating of metals of toxic significance.
(a) Welding, cutting or heating in any enclosed spaces aboard the vessel involving the metals specified in this subsection ((shall)) must be performed with either general mechanical or local exhaust ventilation meeting the requirements of (1) of this section.
(i) Zinc-bearing base or filler metals or metals coated with zinc-bearing materials.
(ii) Lead base metals.
(iii) Cadmium-bearing filler materials.
(iv) Chromium-bearing metals or metals coated with chromium-bearing materials.
(b) Welding, cutting, or heating in any enclosed spaces aboard the vessel involving the metals specified in this subsection ((shall)) must be performed with local exhaust ventilation in accordance with the requirements of (1) of this section or employees ((shall)) must be protected by air line respirators in accordance with the requirements of chapter 296-842 WAC.
(i) Metals containing lead, other than as an impurity, or metals coated with lead-bearing materials.
(ii) Cadmium-bearing or cadmium coated base metals.
(iii) Metals coated with mercury-bearing metals.
(iv) Beryllium-containing base or filler metals. Because of its high toxicity, work involving beryllium ((shall)) must be done with both local exhaust ventilation and air line respirators.
(c) Employees performing such operations in the open air ((shall)) must be protected by filter type respirators in accordance with the requirements of WAC 296-304-09003, except that employees performing such operations on beryllium-containing base or filler metals ((shall)) must be protected by air line respirators in accordance with the requirements of chapter 296-842 WAC.
(d) Other employees exposed to the same atmosphere as the welders or burners ((shall)) must be protected in the same manner as the welder or burner.
(4) Inert-gas metal-arc welding.
(a) Since the inert-gas metal-arc welding process involves the production of ultraviolet radiation of intensities of 5 to 30 times that produced during shielded metal-arc welding, the decomposition of chlorinated solvents by ultraviolet rays, and the liberation of toxic fumes and gases, employees ((shall)) must not be permitted to engage in, or be exposed to the process until the following special precautions have been taken:
(i) The use of chlorinated solvents ((shall)) must be kept at least two hundred feet from the exposed arc, and surfaces prepared with chlorinated solvents ((shall)) must be thoroughly dry before welding is permitted on such surfaces.
(ii) Helpers and other employees in the area not protected from the arc by screening as provided in WAC ((206-304-04011(5) shall)) 296-304-04011(5) must be protected by filter lenses meeting the requirements of Tables I-1A and B (see below). When two or more welders are exposed to each other's arc, filter lens goggles of a suitable type meeting the requirements of WAC 296-304-09001 (1) and (3) ((shall)) must be worn under welding helmets or hand shields to protect the welder against flashes and radiant energy when either the helmet is lifted or the shield is removed.
(iii) Welders and other employees who are exposed to radiation ((shall)) must be suitably protected so that the skin is covered completely to prevent burns and other damage by ultraviolet rays. Welding helmets and hand shields ((shall)) must be free of leaks and openings, and free of highly reflective surfaces.
(iv) When inert-gas metal-arc welding is being performed on stainless steel, the requirements of (3)(b) of this section ((shall)) must be met to protect against dangerous concentrations of nitrogen dioxide.
(5) General welding, cutting and heating.
(a) Welding, cutting and heating not involving conditions or materials described in (2), (3) or (4) of this section may normally be done without mechanical ventilation or respiratory protective equipment, but where, because of unusual physical or atmospheric conditions, an unsafe accumulation of contaminants exists, suitable mechanical ventilation or respiratory protective equipment ((shall)) must be provided.
(b) Employees performing any type of welding, cutting or heating ((shall)) must be protected by suitable eye protective equipment in accordance with the requirements of Tables I-1A and B (see below).
(6) ((Residues and cargos of metallic ores.)) Residues and cargos of metallic ores of toxic significance ((shall)) must be removed from the area or protected from the heat before welding, cutting or heating is begun.
TABLE I-1A
FILTER LENSES FOR PROTECTION AGAINST
RADIANT ENERGY
OPERATIONS
ELECTRODE
SIZE 1/32 IN
ARC
CURRENT
MINIMUM
PROTECTIVE
SHADE
Shielded metal arc welding
Less than 3
3-5
5-8
More than 8
Less than 60
60-160
160-250
250-550
7
8
10
11
 
Gas metal arc
welding and flux
cored arc welding
 
Less than 60
60-160
160-250
250-550
7
10
10
10
 
Gas Tungsten arc
welding
 
Less than 50
50-150
150-500
8
8
10
 
Air carbon arc cutting
(Light)
(Heavy)
Less than 500
500-1000
10
11
 
Plasma arc welding
 
Less than 20
20-100
100-400
400-800
6
8
10
11
 
Plasma arc cutting
(Light)**
(Medium)**
(Heavy)**
Less than 300
300-400
400-800
8
9
10
 
Torch brazing
3
 
Torch soldering
2
 
Carbon Arc welding
14
 
**
These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden by the workplace.
TABLE I-1B
FILTER LENSES FOR PROTECTION AGAINST
RADIANT ENERGY
OPERATIONS
PLATE
THICKNESS...
INCHES
PLATE
THICKNESS...
MM
MINIMUM*
PROTECTIVE
SHADE
Gas welding
Light
Medium
Heavy
Under 1/8
1/8 - 1/2
Over 1/2
Under 3.2
3.2 - 12.7
Over 12.7
4
5
6
Oxygen cutting
Light
Medium
Heavy
Under 1
1 - 6
Over 6
Under 25
25 - 100
Over 150
3
4
5
*
As rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or sodium line in the viable light of the (spectrum) operation.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-304-04005 Welding, cutting and heating in way of preservative coatings.
(1) Before welding, cutting or heating is commenced on any surface covered by a preservative coating whose flammability is not known, a test ((shall)) must be made by a competent person to determine its flammability. Preservative coatings ((shall)) must be considered to be highly flammable when scrapings burn with extreme rapidity.
(2) Precautions ((shall)) must be taken to prevent ignition of highly flammable hardened preservative coatings. When coatings are determined to be highly flammable they ((shall)) must be stripped from the area to be heated to prevent ignition. A 1 1/2-inch or larger fire hose with fog nozzle, which has been uncoiled and placed under pressure, ((shall)) must be immediately available for instant use in the immediate vicinity, consistent with avoiding freezing of the hose.
(3) Protection against toxic preservative coatings.
(a) In enclosed spaces all surfaces covered with toxic preservatives shall be stripped of all toxic coatings for a distance of at least 4 inches from the area of heat application or the employees ((shall)) must be protected by air line respirators meeting the requirements of chapter 296-842 WAC, Respirators.
(b) In the open air employees ((shall)) must be protected by a filter type respirator in accordance with the requirements of chapter 296-842 WAC, Respirators.
(4) Before welding, cutting or heating is commenced in enclosed spaces on metals covered by soft and greasy preservatives, the following precautions ((shall)) must be taken:
(a) A competent person ((shall)) must test the atmosphere in the space to ensure that it does not contain explosive vapors, since there is a possibility that some soft and greasy preservatives may have flash points below temperatures which may be expected to occur naturally. If such vapors are determined to be present, no hot work ((shall)) must be commenced until such precautions have been taken ((as)) that will ensure ((that)) the welding, cutting or heating can be performed in safety.
(b) The preservative coatings ((shall)) must be removed for a sufficient distance from the area to be heated to ensure that the temperature of the unstripped metal will not be appreciably raised. Artificial cooling of the metal surrounding the heated area may be used to limit the size of the area required to be cleaned. The prohibition contained in WAC 296-304-03005 (2)(b) ((shall)) must apply.
(5) Immediately after welding, cutting or heating is commenced in enclosed spaces on metal covered by soft and greasy preservatives, and at frequent intervals thereafter, a competent person ((shall)) must make tests to ensure that no flammable vapors are being produced by the coatings. If such vapors are determined to be present, the operation ((shall)) must be stopped immediately and ((shall)) must not be resumed until such additional precautions have been taken as are necessary to ensure that the operation can be resumed safely.
AMENDATORY SECTION (Amending Order 76-7, filed 3/1/76)
WAC 296-304-04007 Welding, cutting and heating of hollow metal containers and structures not covered by WAC 296-304-02003.
(1) Drums, containers, or hollow structures which have contained toxic or flammable substances ((shall)) must, before welding, cutting, or heating is undertaken on them, either be filled with water or thoroughly cleaned of such substances and ventilated and tested.
(2) Before heat is applied to a drum, container, or hollow structure, a vent or opening ((shall)) must be provided for the release of any built-up pressure during the application of heat.
(3) Before welding, cutting, heating or brazing is begun on structural voids such as skegs, bilge keels, fair waters, masts, booms, support stanchions, pipe stanchions or railings, a competent person ((shall)) must inspect the object and, if necessary, test it for the presence of flammable liquids or vapors. If flammable liquids or vapors are present, the object ((shall)) must be made safe.
(4) Objects such as those listed in (3) of this section ((shall)) must also be inspected to determine whether water or other nonflammable liquids are present which, when heated, would build up excessive pressure. If such liquids are determined to be present, the object ((shall)) must be vented, cooled, or otherwise made safe during the application of heat.
(5) Jacketed vessels ((shall)) must be vented before and during welding, cutting or heating operations in order to release any pressure which may build up during the application of heat.
AMENDATORY SECTION (Amending Order 74-25, filed 5/7/74)
WAC 296-304-04009 Gas welding and cutting.
(1) Transporting, moving and storing compressed gas cylinders.
(a) Valve protection caps ((shall)) must be in place and secure. Oil ((shall)) must not be used to lubricate protection caps.
(b) When cylinders are hoisted, they ((shall)) must be secured on a cradle, slingboard or pallet. They ((shall)) must not be hoisted by means of magnets or choker slings.
(c) Cylinders ((shall)) must be moved by tilting and rolling them on their bottom edges. They ((shall)) must not be intentionally dropped, struck, or permitted to strike each other violently.
(d) When cylinders are transported by vehicle, they ((shall)) must be secured in position.
(e) Valve protection caps ((shall)) must not be used for lifting cylinders from one vertical position to another. Bars ((shall)) must not be used under valves or valve protection caps to pry cylinders loose when frozen. Warm, not boiling, water ((shall)) must be used to thaw cylinders loose.
(f) Unless cylinders are firmly secured on a special carrier intended for this purpose, regulators ((shall)) must be removed and valve protection caps put in place before cylinders are moved.
(g) A suitable cylinder truck, chain, or other steadying device ((shall)) must be used to keep cylinders from being knocked over while in use.
(h) When work is finished, when cylinders are empty or when cylinders are moved at any time, the cylinder valves ((shall)) must be closed.
(i) Acetylene cylinders ((shall)) must be secured in an upright position at all times except, if necessary, for short periods of time while cylinders are actually being hoisted or carried.
(2) Placing cylinders.
(a) Cylinders ((shall)) must be kept far enough away from the actual welding or cutting operation so that sparks, hot slag or flame will not reach them. When this is impractical, fire resistant shields ((shall)) must be provided.
(b) Cylinders ((shall)) must be placed where they cannot become part of an electrical circuit. Electrodes ((shall)) must not be struck against a cylinder to strike an arc.
(c) Fuel gas cylinders ((shall)) must be placed with valve end up whenever they are in use. They ((shall)) must not be placed in a location where they would be subject to open flame, hot metal, or other sources of artificial heat.
(d) Cylinders containing oxygen or acetylene or other fuel gas ((shall)) must not be taken into confined spaces.
(3) Treatment of cylinders.
(a) Cylinders, whether full or empty, ((shall)) must not be used as rollers or supports.
(b) No person other than the gas supplier ((shall)) must attempt to mix gases in a cylinder. No one except the owner of the cylinder or person authorized by ((him shall)) them must refill a cylinder. No one ((shall)) must use a cylinder's contents for purposes other than those intended by the supplier. Only cylinders bearing Interstate Commerce Commission identification and inspection markings ((shall)) must be used.
(c) No damaged or defective cylinder ((shall)) must be used.
(4) Use of fuel gas. ((The employer shall)) You must thoroughly instruct employees in the safe use of fuel gas, as follows:
(a) Before connecting a regulator to a cylinder valve, the valve ((shall)) must be opened slightly and closed immediately. (This action is generally termed "cracking" and is intended to clear the valve of dust or dirt that might otherwise enter the regulator.) The person cracking the valve ((shall)) must stand to one side of the outlet, not in front of it. The valve of a fuel gas cylinder ((shall)) must not be cracked where the gas would reach welding work, sparks, flame or other possible sources of ignition.
(b) The cylinder valve ((shall)) must always be opened slowly to prevent damage to the regulator. To permit quick closing, valves on fuel gas cylinders ((shall)) must not be opened more than 1 1/2 turns. When a special wrench is required, it ((shall)) must be left in position on the stem of the valve while the cylinder is in use so that the fuel gas flow can be shut off quickly in case of emergency. In the case of a manifolded or coupled cylinders, at least one such wrench ((shall)) must always be available for immediate use. Nothing ((shall)) must be placed on top of a fuel gas cylinder, when in use, which may damage the safety device or interfere with the quick closing of the valve.
(c) Fuel gas ((shall)) must not be used from cylinders through torches or other devices which are equipped with shut-off valves without reducing the pressure through a suitable regulator attached to the cylinder valve or manifold.
(d) Before a regulator is removed from a cylinder valve, the cylinder valve ((shall)) must always be closed and the gas released from the regulator.
(e) If, when the valve on a fuel gas cylinder is opened, there is found to be a leak around the valve stem, the valve ((shall)) must be closed and the gland nut tightened. If this action does not stop the leak, the use of the cylinder ((shall)) must be discontinued, and it ((shall)) must be properly tagged and removed from the vessel. In the event that fuel gas should leak from the cylinder valve rather than from the valve stem and the gas cannot be shut off, the cylinder ((shall)) must be properly tagged and removed from the vessel. If a regulator attached to a cylinder valve will effectively stop a leak through the valve seat the cylinder need not be removed from the vessel.
(f) If a leak should develop at a fuse plug or other safety device, the cylinder ((shall)) must be removed from the vessel.
(5) Fuel gas and oxygen manifolds.
(a) Fuel gas and oxygen manifolds ((shall)) must bear the name of the substance they contain in letters at least one (1) inch high which ((shall be)) must either be painted on the manifold or on a sign permanently attached to it.
(b) Fuel gas and oxygen manifolds ((shall)) must be placed in safe and accessible locations in the open air. They ((shall)) must not be located within enclosed spaces.
(c) Manifold hose connections, including both ends of the supply hose that lead to the manifold, ((shall)) must be such that the hose cannot be interchanged between fuel gas and oxygen manifolds and supply header connections. Adapters ((shall)) must not be used to permit the interchange of hose. Hose connections ((shall)) must be kept free of grease and oil.
(d) When not in use, manifold and header hose connections ((shall)) must be capped.
(e) Nothing ((shall)) must be placed on top of a manifold, when in use, which will damage the manifold or interfere with the quick closing of the valves.
(6) Hose.
(a) Fuel gas hose and oxygen hose ((shall)) must be easily distinguishable from each other. The contrast may be made by different colors or by surface characteristics readily distinguishable by the sense of touch. Oxygen and fuel gas hoses ((shall)) must not be interchangeable. A single hose having more than one gas passage, a wall failure of which would permit the flow of one gas into the other gas passage, ((shall)) must not be used.
(b) When parallel sections of oxygen and fuel gas hose are taped together, not more than 4 inches out of 8 inches ((shall)) must be covered by tape.
(c) All hose carrying acetylene, oxygen, natural or manufactured fuel gas, or any gas or substance which may ignite or enter into combustion or be in any way harmful to employees, ((shall)) must be inspected at the beginning of each shift. Defective hoses ((shall)) must be removed from service.
(d) Hose which has been subjected to flashback or which shows evidence of severe wear or damage ((shall)) must be tested to twice the normal pressure to which it is subject, but in no case less than two hundred psi. Defective hose or hose in doubtful condition ((shall)) must not be used.
(e) Hose couplings ((shall)) must be of the type that cannot be unlocked or disconnected by means of a straight pull without rotary motion.
(f) Boxes used for the stowage of gas hose ((shall)) must be ventilated.
(7) Torches.
(a) Clogged torch tip openings ((shall)) must be cleaned with suitable cleaning wires, drills or other devices designed for such purpose.
(b) Torches ((shall)) must be inspected at the beginning of each shift for leaking shut-off valves, hose couplings, and tip connections. Defective torches ((shall)) must not be used.
(c) Torches ((shall)) must be lighted by friction lighters or other approved devices, and not by matches or from hot work.
(8) Pressure regulators. Oxygen and fuel gas pressure regulators including their related gauges ((shall)) must be in proper working order while in use.
AMENDATORY SECTION (Amending Order 74-25, filed 5/7/74)
WAC 296-304-04011 Arc welding and cutting.
(1) Manual electrode holders.
(a) Only manual electrode holders which are specifically designed for arc welding and cutting and are of a capacity capable of safely handling the maximum rated current required by the electrodes ((shall)) must be used.
(b) Any current carrying parts passing through the portion of the holder which the arc welder or cutter grips in his hand, and the outer surfaces of the jaws of the holder, ((shall)) must be fully insulated against the maximum voltage encountered to ground.
(2) Welding cables and connectors.
(a) All arc welding and cutting cables ((shall)) must be of the completely insulated, flexible type, capable of handling the maximum current requirements of the work in progress, taking into account the duty cycle under which the arc welder or cutter is working.
(b) Only cable free from repair or splices for a minimum distance of ten feet from the cable end to which the electrode holder is connected ((shall)) must be used, except that cables with standard insulated connectors or with splices whose insulating quality is equal to that of the cable are permitted.
(c) When it becomes necessary to connect or splice lengths of cable one to another, substantial insulated connectors of a capacity at least equivalent to that of the cable ((shall)) must be used. If connections are effected by means of cable lugs, they ((shall)) must be securely fastened together to give good electrical contact, and the exposed metal parts of the lugs ((shall)) must be completely insulated.
(d) Cables in poor repair ((shall)) must not be used. When a cable, other than the cable lead referred to in (b), becomes worn to the extent of exposing bare conductors, the portion thus exposed ((shall)) must be protected by means of rubber and friction tapes or other equivalent insulation.
(3) Ground returns and machine grounding.
(a) A ground return cable ((shall)) must have a safe current carrying capacity equal to or exceeding the specified maximum output capacity of the arc welding or cutting unit which it services. When a single ground return cable services more than one unit, its safe current carrying capacity ((shall)) must equal or exceed the total specified maximum output capacities of all the units which it services.
(b) Structures or pipe lines, except pipelines containing gases or flammable liquids or conduits containing electrical circuits, may be used as part of the ground return circuit, provided that the pipe or structure has a current carrying capacity equal to that required by (2).
(c) When a structure or pipe line is employed as a ground return circuit, it ((shall)) must be determined that the required electrical contact exists at all joints. The generation of an arc, sparks or heat at any point ((shall)) must cause rejection of the structure as a ground circuit.
(d) When a structure or pipe line is continuously employed as a ground return circuit, all joints ((shall)) must be bonded, and periodic inspections ((shall)) must be conducted to ensure that no condition of electrolysis or fire hazard exists by virtue of such use.
(e) The frames of all arc welding and cutting machines ((shall)) must be grounded either through a third wire in the cable containing the circuit conductor or through a separate wire which is grounded at the source of the current. Grounding circuits, other than by means of the vessel's structure, ((shall)) must be checked to ensure that the circuit between the ground and the grounded power conductor has resistance low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current.
(f) All ground connections ((shall)) must be inspected to ensure that they are mechanically strong and electrically adequate for the required current.
(4) Operating instructions. ((Employers shall)) You must instruct employees in the safe means of arc welding and cutting as follows:
(a) When electrode holders are to be left unattended, the electrodes ((shall)) must be removed and the holders ((shall)) must be so placed or protected that they cannot make electrical contact with employees or conducting objects.
(b) Hot electrode holders ((shall)) must not be dipped in water, since to do so may expose the arc welder or cutter to electric shock.
(c) When the arc welder or cutter has occasion to leave his work or to stop work for any appreciable length of time, or when the arc welding or cutting machine is to be moved, the power supply switch to the equipment ((shall)) must be opened.
(d) Any faulty or defective equipment ((shall)) must be reported to the supervisor.
(5) Shielding. Whenever practicable, all arc welding and cutting operations ((shall)) must be shielded by noncombustible or flame-proof screens which will protect employees and other persons working in the vicinity from the direct rays of the arc.
AMENDATORY SECTION (Amending Order 76-7, filed 3/1/76)
WAC 296-304-04013 Uses of fissionable material in ship-breaking, shipbuilding and ship repairing.
(1) In ship-breaking, shipbuilding and ship repairing and related activities involving the use of and exposure to sources of ionizing radiation not only on conventionally powered but also on nuclear powered vessels, the applicable provisions of the Atomic Energy Commission's Standards for Protection Against Radiation (10 C.F.R. Part 20), relating to protection against occupational radiation exposure, ((shall)) must apply.
(2) Any activity which involves the use of radioactive material, whether or not under license from the Atomic Energy Commission, ((shall)) must be performed by competent persons specially trained in the proper and safe operation of such equipment. In the case of materials used under commission license, only persons actually licensed, or competent persons under direction and supervision of the licensee, ((shall)) must perform such work.
AMENDATORY SECTION (Amending WSR 03-04-099, filed 2/4/03, effective 8/1/03)
WAC 296-304-05001 Scaffolds or staging.
(1) General requirements.
(a) All scaffolds and their supports whether of lumber, steel or other material, ((shall)) must be capable of supporting the load they are designed to carry with a safety factor of not less than four.
(b) All lumber used in the construction of scaffolds ((shall)) must be spruce, fir, long leaf yellow pine, Oregon pine or wood of equal strength. The use of hemlock, short leaf yellow pine, or short fiber lumber is prohibited.
(c) Lumber dimensions as given are nominal except where given in fractions of an inch.
(d) All lumber used in the construction of scaffolds ((shall)) must be sound, straight-grained, free from cross grain, shakes and large, loose or dead knots. It ((shall)) must also be free from dry rot, large checks, worm holes or other defects which impair its strength or durability.
(e) Scaffolds ((shall)) must be maintained in a safe and secure condition. Any component of the scaffold which is broken, burned or otherwise defective ((shall)) must be replaced.
(f) Barrels, boxes, cans, loose bricks, or other unstable objects ((shall)) must not be used as working platforms or for the support of planking intended as scaffolds or working platforms.
(g) No scaffold ((shall)) must be erected, moved, dismantled or altered except under the supervision of competent persons.
(h) No welding, burning, riveting or open flame work ((shall)) must be performed on any staging suspended by means of fiber rope.
(i) Lifting bridles on working platforms suspended from cranes ((shall)) must consist of four legs so attached that the stability of the platform is assured.
(j) Unless the crane hook has a safety latch or is moused, the lifting bridles on working platforms suspended from cranes ((shall)) must be attached by shackles to the lower lifting block or other positive means ((shall)) must be taken to prevent them from becoming accidentally disengaged from the crane hook.
(2) Independent pole wood scaffolds.
(a) All pole uprights ((shall)) must be set plumb. Poles ((shall)) must rest on a foundation of sufficient size and strength to distribute the load and to prevent displacement.
(b) In light-duty scaffolds not more than 24 feet in height, poles may be spliced by overlapping the ends not less than 4 feet and securely nailing them together. A substantial cleat ((shall)) must be nailed to the lower section to form a support for the upper section except when bolted connections are used.
(c) All other poles to be spliced ((shall)) must be squared at the ends of each splice, abutted, and rigidly fastened together by not less than two cleats securely nailed or bolted thereto. Each cleat ((shall)) must overlap each pole end by at least 24 inches and ((shall)) must have a width equal to the face of the pole to which it is attached. The combined cross sectional area of the cleats ((shall)) must be not less than the cross sectional area of the pole.
(d) Ledgers ((shall)) must extend over two consecutive pole spaces and ((shall)) must overlap the poles at each end by not less than 4 inches. They ((shall)) must be left in position to brace the poles as the platform is raised with the progress of the work. Ledgers ((shall)) must be level and ((shall)) must be securely nailed or bolted to each pole and ((shall)) must be placed against the inside face of each pole.
(e) All bearers ((shall)) must be set with their greater dimension vertical and ((shall)) must extend beyond the ledgers upon which they rest.
(f) Diagonal bracing ((shall)) must be provided between the parallel poles, and cross bracing ((shall)) must be provided between the inner and outer poles or from the outer poles to the ground.
(g) Minimum dimensions and spacing of members ((shall)) must be in accordance with Table E-1 in WAC 296-304-07011.
(h) Platform planking ((shall)) must be in accordance with the requirements of (8) of this section.
(i) Backrails and toeboards ((shall)) must be in accordance with the requirements of (9) of this section.
(3) Independent pole metal scaffolds.
(a) Metal scaffold members ((shall)) must be maintained in good repair and free of corrosion.
(b) All vertical and horizontal members ((shall)) must be fastened together with a coupler or locking device which will form a positive connection. The locking device ((shall)) must be of a type which has no loose parts.
(c) Posts ((shall)) must be kept plumb during erection and the scaffold ((shall)) must be subsequently kept plumb and rigid by means of adequate bracing.
(d) Posts ((shall)) must be fitted with bases supported on a firm foundation to distribute the load. When wooden sills are used, the bases ((shall)) must be fastened thereto.
(e) Bearers ((shall)) must be located at each set of posts, at each level, and at each intermediate level where working platforms are installed.
(f) Tubular bracing ((shall)) must be applied both lengthwise and crosswise as required.
(g) Platform planking ((shall)) must be in accordance with the requirements of (8) of this section.
(h) Backrails and toeboards ((shall)) must be in accordance with the requirements of (9) of this section.
(4) Wood trestle and extension trestle ladders.
(a) The use of trestle ladders, or extension sections or base sections of extension trestle ladders longer than 20 feet is prohibited. The total height of base and extension may, however, be more than 20 feet.
(b) The minimum dimensions of the side rails of the trestle ladder, or the base sections of the extension trestle ladder, ((shall)) must be as follows:
(i) Ladders up to and including those 16 feet long ((shall)) must have side rails of not less than 1 5/16 x 2 3/4 inch lumber.
(ii) Ladders over 16 feet long and up to and including those 20 feet long ((shall)) must have side rails of not less than 1 5/16 x 3 inch lumber.
(c) The side rails of the extension section of the extension trestle ladder ((shall)) must be parallel and ((shall)) must have minimum dimensions as follows:
(i) Ladders up to and including 12 feet long ((shall)) must have side rails of not less than 1 5/16 x 2 1/4 inch lumber.
(ii) Ladders over 12 feet long and up to and including those 16 feet long ((shall)) must have side rails of not less than 1 5/16 x 2 1/2 inch lumber.
(iii) Ladders over 16 feet long and up to and including those 20 feet long ((shall)) must have side rails of not less than 1 5/16 x 3 inch lumber. (Rev. 2-17-76)
(d) Trestle ladders and base sections of extension trestle ladders ((shall)) must be so spread that when in an open position the spread of the trestle at the bottom, inside to inside, ((shall be not)) must not be less than 5 1/2 inches per foot of the length of the ladder.
(e) The width between the side rails at the bottom of the trestle ladder or of the base section of the extension trestle ladder ((shall be not)) must not be less than 21 inches for all ladders and sections 6 feet or less in length. For longer lengths of ladder the width ((shall)) must be increased at least 1 inch for each additional foot of length. The width between the side rails of the extension section of the trestle ladder ((shall)) must be not less than 12 inches.
(f) In order to limit spreading, the top ends of the side rails of both the trestle ladder and of the base section of the extension trestle ladder ((shall)) must be beveled, or of equivalent construction, and ((shall)) must be provided with a metal hinge.
(g) A metal spreader or locking device to hold the front and back sections in an open position, and to hold the extension section securely in the elevated position, ((shall)) must be a component of each trestle ladder or extension trestle ladder.
(h) Rungs ((shall)) must be parallel and level. On the trestle ladder, or on the base section of the extension trestle ladder, rungs ((shall)) must be spaced not less than 8 inches nor more than 18 inches apart; on the extension section of the extension trestle ladder, rungs ((shall)) must be spaced not less than 6 inches nor more than 12 inches apart.
(i) Platform planking ((shall)) must be in accordance with the requirements of (8) of this section, except that the width of the platform planking ((shall)) must not exceed the distance between the side rails.
(j) Backrails and toeboards ((shall)) must be in accordance with the requirements of (9) of this section.
(5) Painters' suspended scaffolds.
(a) The supporting hooks of swinging scaffolds ((shall)) must be constructed to be equivalent in strength to mild steel or wrought iron, ((shall)) must be forged with care, ((shall be not)) must not be less than 7/8 inch in diameter, and ((shall)) must be secured to a safe anchorage at all times.
(b) The ropes supporting a swinging scaffold ((shall)) must be equivalent in strength to first-grade 3/4 inch diameter manila rope properly rigged into a set of standard 6 inch blocks consisting of at least one double and one single block.
(c) Manila and wire ropes ((shall)) must be carefully examined before each operation and thereafter as frequently as may be necessary to ensure their safe condition.
(d) Each end of the scaffold platform ((shall)) must be supported by a wrought iron or mild steel stirrup or hanger, which in turn is supported by the suspension ropes.
(e) Stirrups ((shall)) must be constructed so as to be equivalent in strength to wrought iron 3/4 inch in diameter.
(f) The stirrups ((shall)) must be formed with a horizontal bottom member to support the platform, ((shall)) must be provided with means to support the guardrail and midrail and ((shall)) must have a loop or eye at the top for securing the supporting hook on the block.
(g) Two or more swinging scaffolds ((shall)) must not at any time be combined into one by bridging the distance between them with planks or any other form of platform.
(h) No more than two persons ((shall)) must be permitted to work at one time on a swinging scaffold built to the minimum specifications contained in this section. Where heavier construction is used, the number of persons permitted to work on the scaffold ((shall)) must be determined by the size and the safe working load of the scaffold.
(i) Backrails and toeboards ((shall)) must be in accordance with the requirements of (9) of this section.
(j) The swinging scaffold platform ((shall)) must be one of the three types described in (k), (l), and (m) of this section.
(k) The ladder-type platform consists of boards upon a horizontal ladder-like structure, referred to herein as the ladder, the side rails of which are parallel. If this type of platform is used the following requirements ((shall)) must be met:
(i) The width between the side rails ((shall)) must be no more than 20 inches.
(ii) The side rails of ladders in ladder-type platforms ((shall)) must be equivalent in strength to a beam of clear straight-grained spruce of the dimensions contained in Table E-2 in WAC 296-304-07011.
(iii) The side rails ((shall)) must be tied together with tie rods. The tie rods ((shall be not)) must not be less than 5/16 inch in diameter, located no more than 5 feet apart, pass through the rails, and be riveted up tight against washers at both ends.
(iv) The rungs ((shall)) must be of straight-grained oak, ash, or hickory, not less than 1 1/8 inches diameter, with 7/8 inch tenons mortised into the side rails not less than 7/8 inch and ((shall)) must be spaced no more than 18 inches on centers.
(v) Flooring strips ((shall)) must be spaced no more than 5/8 inch apart except at the side rails, where 1 inch spacing is permissible.
(vi) Flooring strips ((shall)) must be cleated on their undersides.
(l) The plank-type platform consists of planks supported on the stirrups or hangers. If this type of platform is used, the following requirements ((shall)) must be met:
(i) The planks of plank-type platforms ((shall be not)) must not be less than 2 x 10 inch lumber.
(ii) The platform ((shall be no)) must not be more than 24 inches in width.
(iii) The planks ((shall)) must be tied together by cleats of not less than 1 x 6 inch lumber, nailed on their undersides at intervals of not more than 4 feet.
(iv) The planks ((shall)) must extend not less than 6 inches nor more than 18 inches beyond the supporting stirrups.
(v) A cleat ((shall)) must be nailed across the platform on the underside at each end outside the stirrup to prevent the platform from slipping off the stirrup.
(vi) Stirrup supports ((shall be not)) must not be more than 10 feet apart.
(m) The beam-type platform consists of longitudinal side stringers with cross beams set on edge and spaced not more than 4 feet apart on which longitudinal platform planks are laid. If this type platform is used the following requirements ((shall)) must be met:
(i) The side stringers ((shall)) must be of sound, straight-grained lumber, free from knots, and of not less than 2 x 6 inch lumber, set on edge.
(ii) The stringers ((shall)) must be supported on the stirrups with a clear span between stirrups of not more than 16 feet.
(iii) The stringers ((shall)) must be bolted to the stirrups by U-bolts passing around the stirrups and bolted through the stringers with nuts drawn up tight on the inside face.
(iv) The ends of the stringers ((shall)) must extend beyond the stirrups not less than 6 inches nor more than 12 inches at each end of the platform.
(v) The platform ((shall)) must be supported on cross beams of 2 x 6 inch lumber between the side stringers securely nailed thereto and spaced not more than 4 feet on centers.
(vi) The platform ((shall be not)) must not be more than 24 inches wide.
(vii) The platform ((shall)) must be formed of boards 7/8 inch in thickness by not less than 6 inches in width, nailed tightly together, and extending to the outside face of the stringers.
(viii) The ends of all platform boards ((shall)) must rest on the top of the cross beams, ((shall)) must be securely nailed, and at no intermediate points in the length of the platform ((shall)) must there by any cantilever ends.
(6) Horse scaffolds.
(a) The minimum dimensions of lumber used in the construction of horses ((shall)) must be in accordance with Table E-3 in WAC 296-304-07011.
(b) Horses constructed of materials other than lumber ((shall)) must provide the strength, rigidity and security required of horses constructed of lumber.
(c) The lateral spread of the legs ((shall)) must be equal to not less than one-third of the height of the horse.
(d) All horses ((shall)) must be kept in good repair, and ((shall)) must be properly secured when used in staging or in locations where they may be insecure.
(e) Platform planking ((shall)) must be in accordance with the requirements of (8) of this section.
(f) Backrails and toeboards ((shall)) must be in accordance with (9) of this section.
(7) Other types of scaffolds.
(a) Scaffolds of a type for which specifications are not contained in this section ((shall)) must meet the general requirements of (1), (8) and (9) of this section, ((shall)) must be in accordance with recognized principles of design and ((shall)) must be constructed in accordance with accepted standards covering such equipment.
(8) Scaffold or platform planking.
(a) Except as otherwise provided in (5)(k) and (m), platform planking ((shall be of not)) must not be less than 2 x 10 inch lumber. Platform planking ((shall)) must be straight-grained and free from large or loose knots and may be either rough or dressed.
(b) Platforms of staging ((shall be not)) must not be less than two 10 inch planks in width except in such cases as the structure of the vessel or the width of the trestle ladders make it impossible to provide such a width.
(c) Platform planking ((shall)) must project beyond the supporting members at either end by at least 6 inches but in no case ((shall)) must it project more than 12 inches unless the planks are fastened to the supporting members.
(d) Table E-4 in WAC 296-304-07011 ((shall)) must be used as a guide in determining safe loads for scaffold planks.
(9) Backrails and toeboards.
(a) Scaffolding, staging, runways, or working platforms which are supported or suspended more than 5 feet above a solid surface, or at any distance above the water, ((shall)) must be provided with a railing which has a top rail whose upper surface is from 42 to 45 inches above the upper surface of the staging, platform, or runway and a midrail located halfway between the upper rail and the staging, platform, or runway.
(b) Rails ((shall)) must be of 2 x 4 inch lumber, flat bar or pipe. When used with rigid supports, taut wire or fiber rope of adequate strength may be used. If the distance between supports is more than 8 feet, rails ((shall)) must be equivalent in strength to 2 x 4 inch lumber. Rails ((shall)) must be firmly secured. Where exposed to hot work or chemicals, fiber rope rails ((shall)) must not be used.
(c) Rails may be omitted where the structure of the vessel prevents their use. When rails are omitted employees working more than 5 feet above solid surfaces ((shall)) must be protected by safety belts and life lines meeting the requirements of WAC 296-304-09021(2), and employees working over water ((shall)) must be protected by personal flotation devices meeting the requirements of WAC 296-304-09017(1).
(d) Employees working from swinging scaffolds which are triced out of a vertical line below their supports or from scaffolds on paint floats subject to surging, ((shall)) must be protected against falling toward the vessel by a railing or a safety belt and line attached to the backrail.
(e) When necessary, to prevent tools and materials from falling on men below, toeboards of not less than 1 x 4 inch lumber ((shall)) must be provided.
(10) Access to staging.
(a) Access from below to staging more than 5 feet above a floor, deck or the ground ((shall)) must consist of well secured stairways, cleated ramps, fixed or portable ladders meeting the applicable requirements of WAC 296-304-05003 or rigid type noncollapsible trestles with parallel and level rungs.
(b) Ramps and stairways ((shall)) must be provided with 36-inch handrails with midrails.
(c) Ladders ((shall)) must be so located or other means ((shall)) must be taken so that it is not necessary for employees to step more than one foot from the ladder to any intermediate landing or platform.
(d) Ladders forming integral parts of prefabricated staging are deemed to meet the requirements of these regulations.
(e) Access from above to staging more than 3 feet below the point of access ((shall)) must consist of a straight, portable ladder meeting the applicable requirements of WAC 296-304-05003 or a Jacob's ladder properly secured, meeting the requirements of WAC 296-304-05007(4).
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-304-05003 Ladders.
(1) General requirements.
(a) The use of ladders with broken or missing rungs or steps, broken or split side rails, or other faulty or defective construction is prohibited. When ladders with such defects are discovered, they ((shall be)) must immediately be withdrawn from service. Inspection of metal ladders ((shall)) must include checking for corrosion of interiors of open end, hollow rungs.
(b) When sections of ladders are spliced, the ends ((shall)) must be abutted, and not fewer than 2 cleats ((shall)) must be securely nailed or bolted to each rail. The combined cross sectional area of the cleats ((shall be not)) must not be less than the cross sectional area of the side rail. The dimensions of side rails for their total length ((shall)) must be those specified in (2) or (3) of this section.
(c) Portable ladders ((shall)) must be lashed, blocked or otherwise secured to prevent their being displaced. The side rails of ladders used for access to any level ((shall)) must extend not less than 36 inches above that level. When this is not practical, grab rails which will provide a secure grip for an employee moving to or from the point of access ((shall)) must be installed.
(d) Portable metal ladders ((shall)) must be of strength equivalent to that of wood ladders. Manufactured portable metal ladders provided by ((the employer shall)) you must be in accordance with the provisions of the United States of America Standard Safety Code for Portable Metal Ladders, A14.2-1972.
(e) Portable metal ladders ((shall)) must not be used near electrical conductors nor for electric arc welding operations.
(f) Manufactured portable wood ladders provided by the employer ((shall)) must be in accordance with the provisions of the United States of America Standard Safety Code for Portable Wood Ladders, A-14.1-1968.
(2) Construction of portable wood cleated ladders up to 30 feet in length.
(a) Wood side rails ((shall)) must be made from west coast hemlock, eastern spruce, Sitka spruce, or wood of equivalent strength. Material ((shall)) must be seasoned, straight-grained wood, and free from shakes, checks, decay or other defects which will impair its strength. The use of low density woods is prohibited.
(b) Side rails ((shall)) must be dressed on all sides, and kept free of splinters.
(c) All knots ((shall)) must be sound and hard. The use of material containing loose knots is prohibited. Knots ((shall)) must not appear on the narrow face of the rail and, when in the side face, ((shall)) must be not more than 1/2 inch in diameter or within 1/2 inch of the edge of the rail or nearer than 3 inches to a tread or rung.
(d) Pitch pockets not exceeding 1/8 inch in width, 2 inches in length and 1/2 inch in depth are permissible in wood side rails, provided that not more than one such pocket appears in each 4 feet of length.
(e) The width between side rails at the base ((shall be not)) must not be less than 11 1/2 inches for ladders 10 feet or less in length. For longer ladders, this width ((shall)) must be increased at least 1/4 inch for each additional 2 feet in length.
(f) Side rails ((shall)) must be at least 1 5/8 x 3 5/8 inches in cross section.
(g) Cleats (meaning rungs rectangular in cross section with the wide dimension parallel to the rails) ((shall)) must be of the material used for side rails, straight-grained and free from knots. Cleats ((shall)) must be mortised into the edges of the side rails 1/2 inch, or filler blocks ((shall)) must be used on the rails between the cleats. The cleats ((shall)) must be secured to each rail with three 10d common wire nails or fastened with through bolts or other fasteners of equivalent strength. Cleats ((shall)) must be uniformly spaced not more than 12 inches apart.
(h) Cleats 20 inches or less in length ((shall)) must be at least 25/32 x 3 inches in cross section. Cleats over 20 inches but not more than 30 inches in length ((shall)) must be at least 25/32 x 3 3/4 inches in cross section.
(3) Construction of portable wood cleated ladders from 30 to 60 feet in length.
(a) Ladders from 30 to 60 feet in length ((shall)) must be in accordance with the specifications of (2) of this section with the following exceptions:
(i) Rails ((shall be of not)) must not be less than 2 x 6 inch lumber.
(ii) Cleats ((shall be of not)) must not be less than 1 x 4 inch lumber.
(iii) Cleats ((shall)) must be nailed to each rail with five 10d common wire nails or fastened with through bolts or other fastenings of equivalent strength.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-304-05005 Guarding of deck openings and edges.
(1) When employees are working in the vicinity of flush manholes and other small openings of comparable size in the deck and other working surfaces, such openings ((shall)) must be suitably covered or guarded to a height of not less than 30 inches, except where the use of such guards is made impracticable by the work actually in progress.
(2) When employees are working around open hatches not protected by coamings to a height of 24 inches or around other large openings, the edge of the opening ((shall)) must be guarded in the working area to a height of 36 to 42 inches, except where the use of such guards is made impracticable by the work actually in progress.
(3) When employees are exposed to unguarded edges of decks, platforms, flats, and similar flat surfaces, more than 5 feet above a solid surface, the edges ((shall)) must be guarded by adequate guardrails meeting the requirements of WAC 296-304-05001 (9)(a) and (b), unless the nature of the work in progress or the physical conditions prohibit the use or installation of such guardrails.
(4) When employees are working near the unguarded edges of decks of vessels afloat, they ((shall)) must be protected by buoyant personal flotation devices, meeting the requirements of WAC 296-304-09017(1).
(5) Sections of bilges from which floor plates or gratings have been removed ((shall)) must be guarded by guardrails except where they would interfere with work in progress. If these open sections are in a walkway at least two 10-inch planks placed side by side, or equivalent, ((shall)) must be laid across the opening to provide a safe walking surface.
(6) Gratings, walkways, and catwalks, from which sections or ladders have been removed, ((shall)) must be barricaded with adequate guardrails.
AMENDATORY SECTION (Amending WSR 98-02-006, filed 12/26/97, effective 3/1/98)
WAC 296-304-05007 Access to vessels.
(("))Barge((" -)). An unpowered, flat bottom, shallow draft vessel including scows, carfloats and lighters, but not ship-shaped or deep-draft barges.
(("))River towboat((" -)). A shallow draft, low free board, self-propelled vessel designed to tow river barges by pushing ahead.
(1) Access to vessels afloat. ((The employer shall)) You must not permit employees to board or leave any vessel, except a barge or river towboat, until the following requirements have been met:
(a) Whenever practicable, a gangway of not less than 20 inches walking surface, of adequate strength, maintained in safe repair and safely secured ((shall)) must be used. If a gangway is not practicable, a substantial straight ladder, extending at least 36 inches above the upper landing surface and adequately secured against shifting or slipping ((shall)) must be provided. When conditions are such that neither a gangway nor a straight ladder can be used, a Jacob's ladder meeting the requirements of (4)(a) and (b) of this section may be used.
(b) Each side of such gangway, and the turntable if used, ((shall)) must have a railing with a minimum height of approximately 33 inches measured perpendicularly from rail to walking surface at the stanchion, with a midrail. Rails ((shall)) must be of wood, pipe, chain, wire or rope and shall be kept taut at all times.
(c) Gangways on vessels inspected and certificated by the U.S. Coast Guard are deemed to meet the foregoing requirements, except in cases where the vessel's regular gangway is not being used.
(d) The gangway ((shall)) must be kept properly trimmed at all times.
(e) When a fixed tread accommodation ladder is used, and the angle is low enough to require employees to walk on the edge of the treads, cleated duckboards ((shall)) must be laid over and secured to the ladder.
(f) When the lower end of a gangway overhangs the water between the ship and the dock in such a manner that there is danger of employees falling between the ship and the dock, a net or other suitable protection ((shall)) must be rigged at the foot of the gangway in such a manner as to prevent employees from falling from the end of the gangway.
(g) If the foot of the gangway is more than one foot away from the edge of the apron, the space between them ((shall)) must be bridged by a firm walkway equipped with railings, with a minimum height of approximately 33 inches with midrails on both sides.
(h) Supporting bridles ((shall)) must be kept clear so as to permit unobstructed passage for employees using the gangway.
(i) When the upper end of the means of access rests on or flush with the top of the bulwark, substantial steps properly secured and equipped with at least one substantial handrail approximately 33 inches in height ((shall)) must be provided between the top of the bulwark and the deck.
(j) Obstructions ((shall)) must not be laid on or across the gangway.
(k) The means of access ((shall)) must be adequately illuminated for its full length.
(l) Unless the construction of the vessel makes it impossible, the means of access ((shall be so)) must be located so that drafts of cargo do not pass over it. In any event loads ((shall)) must not be passed over the means of access while employees are on it.
(2) Access to vessels in drydock or between vessels. Gangways meeting the requirements of (1)(a), (b), (i), (j) and (l) of this section ((shall)) must be provided for access from wing wall to vessel or, when two or more vessels, other than barges or river towboats, are lying abreast, from one vessel to another.
(3) Access to barges and river towboats.
(a) Ramps for access of vehicles to or between barges ((shall)) must be of adequate strength, provided with side boards, well maintained and properly secured.
(b) Unless employees can step safely to or from the wharf, float, barge, or river towboat, either a ramp in accordance with the requirements of (a) of this section or a safe walkway in accordance with the requirements of (1)(g) of this section ((shall)) must be provided. When a walkway is impracticable, a substantial straight ladder, extending at least 36 inches above the upper landing surface and adequately secured against shifting or slipping ((shall)) must be provided. When conditions are such that neither a walkway nor a straight ladder can be used, a Jacob's ladder in accordance with the requirements of (4) of this section may be used.
(c) The means of access ((shall)) must be in accordance with the requirements of (1)(i), (j) and (k) of this section.
(4) Jacob's ladders.
(a) Jacob's ladders ((shall)) must be of the double rung or flat tread type. They ((shall)) must be well maintained and properly secured.
(b) A Jacob's ladder ((shall)) must either hang without slack from its lashings or be pulled up entirely.
AMENDATORY SECTION (Amending WSR 03-04-099, filed 2/4/03, effective 8/1/03)
WAC 296-304-05009 Access to and guarding of dry docks and marine railways.
(1) A gangway, ramp or permanent stairway of not less than 20 inches walking surface, of adequate strength, maintained in safe repair and securely fastened, ((shall)) must be provided between a floating dry dock and the pier or bulkhead.
(2) Each side of such gangway, ramp or permanent stairway, including those which are used for access to wing walls from dry dock floors, ((shall)) must have a railing with a midrail. Such railings on gangways or ramps ((shall)) must be approximately 42 inches in height; and railings on permanent stairways ((shall be not)) must not be less than approximately 30 or more than approximately 34 inches in height. Rails ((shall)) must be of wood, pipe, chain, wire, or rope and ((shall)) must be kept taut at all times.
(3) Railings meeting the requirements of (2) of this section ((shall)) must be provided on the means of access to and from the floors of graving docks.
(4) Railings approximately 42 inches in height, with a midrail, ((shall)) must be provided on the edges of wing walls of floating dry docks and on the edges of graving docks. Sections of the railings may be temporarily removed where necessary to permit line handling while a vessel is entering or leaving the dock.
(5) When employees are working on the floor of a floating dry dock where they are exposed to the hazard of falling into the water, the end of the dry dock ((shall)) must be equipped with portable stanchions and 42 inch railings with a midrail. When such a railing would be impracticable or ineffective, other effective means ((shall)) must be provided to prevent employees from falling into the water.
(6) Access to wingwalls from floors of dry docks ((shall)) must be by ramps, permanent stairways or ladders meeting the applicable requirements of WAC 296-304-05003.
(7) Catwalks on stiles of marine railways ((shall)) must be no less than 20 inches wide and ((shall)) must have on at least one side a guardrail and midrail meeting the requirements of WAC 296-304-05001 (9)(a) and (b).
AMENDATORY SECTION (Amending Order 74-25, filed 5/7/74)
WAC 296-304-05011 Access to cargo spaces and confined spaces.
(1) Cargo spaces.
(a) There ((shall)) must be at least one safe and accessible ladder in any cargo space which employees must enter.
(b) When any fixed ladder is visibly unsafe, ((the employer shall)) you must prohibit its use by employees.
(c) Straight ladders of adequate strength and suitably secured against shifting or slipping ((shall)) must be provided as necessary when fixed ladders in cargo spaces do not meet the requirements of (a) of this section. When conditions are such that a straight ladder cannot be used, a Jacob's ladder meeting the requirements of WAC 296-304-05007(4) may be used.
(d) When cargo is stowed within 4 inches of the back of ladder rungs, the ladder ((shall)) must be deemed "unsafe" for the purpose of this section.
(e) Fixed ladders or straight ladders provided for access to cargo spaces ((shall)) must not be used at the same time that cargo drafts or other loads are entering or leaving the hold. Before using these ladders to enter or leave the hold, the employee ((shall)) must be required to inform the winchman or crane signalman of his intention.
(2) Confined spaces.
(a) More than one means of access ((shall)) must be provided to a confined space in which employees are working and in which the work may generate a hazardous atmosphere in the space except where the structure or arrangement of the vessel makes this provision impractical.
(b) When the ventilation ducts required by these regulations must pass through these means of access, the ducts ((shall)) must be of such a type and so arranged as to permit free passage of an employee through at least two of these means of access.
AMENDATORY SECTION (Amending WSR 03-04-099, filed 2/4/03, effective 8/1/03)
WAC 296-304-05013 Working surfaces.
(1) When firebox floors present tripping hazards of exposed tubing or of missing or removed refractory, sufficient planking to afford safe footing ((shall)) must be laid while work is being carried on within the boiler.
(2) ((The employer)) You must provide and ensure the use of fall protection when employees work aloft or elsewhere at elevations more than 5 feet above a solid surface.
(a) Employees must be protected by the use of scaffolds, ladders, or personal protection equipment according to WAC 296-304-09021, or 296-304-09023.
(b) Employees must work from scaffolds when visually restricted by:
(()) (i) Blasting hoods;
(()) (ii) Welding helmets; and
(()) (iii) Burning goggles; except:
(()) (A) For the initial and final welding or burning operation to start or complete a job such as the erection and dismantling of hung scaffolding; or
(()) (B) Other similar, nonrepetitive jobs of brief duration.
(3) For work performed in restricted quarters, such as behind boilers and in between congested machinery units and piping, work platforms at least 20 inches wide meeting the requirements of WAC 296-304-05001 (8)(b) ((shall)) must be used. Backrails may be omitted if bulkheading, boilers, machinery units, or piping afford proper protection against falling.
(4) When employees are boarding, leaving, or working from small boats or floats, they ((shall)) must be protected by personal flotation devices meeting the requirements of WAC 296-304-09017(1).
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06001 Housekeeping.
(1) Good housekeeping conditions ((shall)) must be maintained at all times. Adequate aisles and passageways ((shall)) must be maintained in all work areas. All staging platforms, ramps, stairways, walkways, aisles, and passageways on vessels or dry docks ((shall)) must be kept clear of all tools, materials, and equipment except that which is in use, and all debris such as welding rod tips, bolts, nuts, and similar material. Hose and electric conductors ((shall)) must be elevated over or placed under the walkway or working surfaces or covered by adequate crossover planks. While a walkway is being used as a working surface, that portion ((shall)) must be cordoned off to prevent it from being used as a walkway.
(2) All working areas on vessels and dry docks ((shall)) must be:
(a) Cleared of tools, materials, and equipment that are not necessary to perform the job in progress;
(b) Cleared of debris, including solid and liquid wastes, at the end of each workshift or job, whichever occurs first;
(c) Maintained, so far as practicable, in a dry condition. When a wet process is used, the employer shall maintain drainage and provide false floors, platforms, mats, or other dry standing places. When the employer demonstrates that this procedure is not practicable, the employer ((shall)) must provide each employee working in the wet process with protective footgear, in accordance with WAC 296-304-09013.
(3) Slippery conditions on walkways or working surfaces ((shall)) must be eliminated as they occur. If it is not practicable for ((the employer)) you to remove slippery conditions, ((the employer either shall)) you must either:
(a) Restrict employees to designated walkways and working surfaces where ((the employer has)) you have eliminated slippery conditions; or
(b) Provide slip-resistant footwear in accordance with WAC 296-304-09013.
(4) Free access ((shall)) must be maintained at all times to all exits and to all fire-alarm boxes or fire-extinguishing equipment.
(5) All oils, paints, thinners, solvents waste, rags, or other flammable substances ((shall)) must be disposed of or kept in fire resistant covered containers when not in use.
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06002 Sanitation.
(1) General requirements.
(a) ((The employer shall)) You must provide adequate and readily accessible sanitation facilities.
(b) ((The employer shall)) You must establish and implement a schedule for servicing, cleaning, and supplying each facility to ensure it is maintained in a clean, sanitary, and serviceable condition.
(2) Potable water. ((The employer shall)) You must provide potable water for all employee health and personal needs and ensure that only potable water is used for these purposes.
(a) ((The employer shall)) You must provide potable drinking water in amounts that are adequate to meet the health and personal needs of each employee.
(b) ((The employer shall)) You must dispense drinking water from a fountain, a covered container with single-use drinking cups stored in a sanitary receptacle, or single-use bottles. ((The employer shall)) You must prohibit the use of shared drinking cups, dippers, and water bottles.
(3) Nonpotable water.
(a) ((The employer)) You may use nonpotable water for other purposes such as firefighting and cleaning outdoor premises so long as it does not contain chemicals, fecal matter, coliform, or other substances at levels that may create a hazard for employees.
(b) ((The employer shall)) You must clearly mark nonpotable water supplies and outlets as "not safe for health or personal use."
(4) Toilets.
(a) General requirements. ((The employer shall)) You must ensure that sewered and portable toilets:
(i) Provide privacy at all times. When a toilet facility contains more than one toilet, each toilet ((shall)) must occupy a separate compartment with a door and walls or partitions that are sufficiently high to ensure privacy; and
(ii) Are separate for each sex, except as provided in (a)(ii)(B) of this subsection;
(A) The number of toilets provided for each sex ((shall)) must be based on the maximum number of employees of that sex present at the worksite at any one time during a workshift. A single occupancy toilet room ((shall)) must be counted as one toilet regardless of the number of toilets it contains; and
(B) ((The employer does)) You do not have to provide separate toilet facilities for each sex when they will not be occupied by more than one employee at a time, can be locked from the inside, and contain at least one toilet.
(iii) ((The employer shall)) You must establish and implement a schedule to ensure that each sewered and portable toilet is maintained in a clean, sanitary, and serviceable condition.
(b) Minimum number of toilets. ((The employer shall)) You must provide at least the following number of toilets for each sex. Portable toilets that meet the requirements in (c) of this subsection may be included in the minimum number of toilets.
Table F-1
Minimum Number of Toilets
Number of employees of each sex
Minimum number of toilets per sex
1 to 15
1
 
16 to 35
2
 
36 to 55
3
 
56 to 80
4
 
81 to 110
5
 
111 to 150
6
 
Over 150
1 additional toilet for each additional 40 employees
Note to Table F-1: When toilets will only be used by men, urinals may be provided instead of toilets, except that the number of toilets in such cases ((shall)) must not be reduced to less than two-thirds of the minimum specified.
(c) Portable toilets.
(i) ((The employer shall)) You must provide portable toilets, pursuant to paragraph (4)(b) of this section and Table F-1, only when ((the employer)) you demonstrate((s)) that it is not feasible to provide sewered toilets, or when there is a temporary increase in the number of employees for a short duration of time.
(ii) ((The employer shall)) You must ensure that each portable toilet is vented and equipped, as necessary, with lighting.
(d) Exception for normally unattended worksites and mobile work crews. The requirement to provide toilets does not apply to normally unattended worksites and mobile work crews, provided that ((the employer)) you ensure((s)) that employees have immediately available transportation to readily accessible sanitation facilities that are maintained in a clean, sanitary, and serviceable condition and meet the other requirements of this section.
(5) Handwashing facilities.
(a) ((The employer shall)) You must provide handwashing facilities at or adjacent to each toilet facility.
(b) ((The employer shall)) You must ensure that each handwashing facility:
(i) Is equipped with either hot and cold or lukewarm running water and soap, or with waterless skin-cleansing agents that are capable of disinfecting the skin or neutralizing the contaminants to which the employee may be exposed; and
(ii) If the facility uses soap and water, it is supplied with clean, single-use hand towels stored in a sanitary container and a sanitary means for disposing of them, clean individual sections of continuous cloth toweling, or a hand-drying air blower.
(c) ((The employer shall)) You must inform each employee engaged in the application of paints or coatings or in other operations in which hazardous or toxic substances can be ingested or absorbed about the need for removing surface contaminants from their skin's surface by thoroughly washing their hands and face at the end of the workshift and prior to eating, drinking, or smoking.
(6) Showers.
(a) When showers are required by an OSHA standard, ((the employer shall)) you must provide one shower for each ten, or fraction of ten, employees of each sex who are required to shower during the same workshift.
(b) ((The employer shall)) You must ensure that each shower is equipped with soap, hot and cold water, and clean towels for each employee who uses the shower.
(7) Changing rooms. When ((an employer)) you provide((s)) protective clothing to prevent employee exposure to hazardous or toxic substances, ((the employer shall)) you must provide the following:
(a) Changing rooms that provide privacy for each sex; and
(b) Storage facilities for street clothes, as well as separate storage facilities for protective clothing.
(8) Eating, drinking, and break areas. ((The employer shall)) You must ensure that food, beverages, and tobacco products are not consumed or stored in any area where employees may be exposed to hazardous or toxic substances.
(9) Waste disposal.
(a) ((The employer shall)) You must provide waste receptacles that meet the following requirements:
(i) Each receptacle is constructed of materials that are corrosion resistant, leak-proof, and easily cleaned or disposable;
(ii) Each receptacle is equipped with a solid tight-fitting cover, unless it can be kept in clean, sanitary, and serviceable condition without the use of a cover;
(iii) Receptacles are provided in numbers, sizes, and locations that encourage their use; and
(iv) Each receptacle is emptied as often as necessary to prevent it from overfilling and in a manner that does not create a hazard for employees. Waste receptacles for food ((shall)) must be emptied at least every day, unless unused.
(b) ((The employer shall)) You must not permit employees to work in the immediate vicinity of uncovered garbage that could endanger their safety and health.
(c) ((The employer shall)) You must ensure that employees working beneath or on the outboard side of a vessel are not contaminated by drainage or waste from overboard discharges.
(10) Vermin control.
(a) To the extent reasonably practicable, ((the employer shall)) you must clean and maintain the workplace in a manner that prevents vermin infestation.
(b) Where vermin are detected, ((the employer shall)) you must implement and maintain an effective vermin-control program.
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06003 Illumination.
(1) All means of access and walkways leading to working areas as well as the working areas themselves ((shall)) must be adequately illuminated.
(a) For landside areas, ((the employer shall)) you must provide illumination that meets the levels set forth in Table F-2.
Table F-2
Minimum Lighting Intensities in Foot-Candles
Lumens
(foot-candles)
Area or operation
3
 
General areas on vessels and vessel sections such as accessways, exits, gangways, stairs, and walkways.
5
 
General landside areas such as corridors, exits, stairs, and walkways.
5
 
All assigned work areas on any vessel or vessel section.
5
 
Landside tunnels, shafts, vaults, pumping stations, and underground work areas.
10
 
Landside work areas such as machine shops, electrical equipment rooms, carpenter shops, lofts, tool rooms, warehouses, and outdoor work areas.
10
 
Changing rooms, showers, sewered toilets, and eating, drinking, and break areas.
30
 
First-aid stations, infirmaries, and offices.
Note to Table F-2: The required illumination levels in this table do not apply to emergency or portable lights.
(b) For vessels and vessel sections, ((the employer shall)) you must provide illumination that meets the levels set forth in the table to (a) of this subsection or meet ANSI/IESNA RP-7-01.
(c) When adequate illumination is not obtainable by permanent lighting sources, temporary lighting may be used as supplementation.
(d) ((The employer shall)) You must ensure that neither matches nor open-flame devices are used for lighting.
(2) Temporary lights ((shall)) must meet the following requirements:
(a) Temporary lights ((shall)) must be equipped with guards to prevent accidental contact with the bulb, except that guards are not required when the construction of the reflector is such that the bulb is deeply recessed;
(b) Temporary lights ((shall)) must be equipped with heavy duty electric cords with connections and insulation maintained in safe condition. Temporary lights ((shall)) must not be suspended by their electric cords unless cords and lights are designed for this means of suspension. Splices must have insulation with a capacity that exceeds that of the original insulation of the cord; and
(c) Cords ((shall)) must be kept clear of working spaces and walkways or other locations in which they are readily exposed to damage.
(3) Exposed noncurrent-carrying metal parts of temporary lights furnished by ((the employer shall)) you must be grounded either through a third wire in the cable containing the circuit conductors or through a separate wire which is grounded at the source of the current. Grounding ((shall)) must be in accordance with the requirements of WAC 296-304-08003(2).
(4) Where temporary lighting from sources outside the vessel is the only means of illumination, portable emergency lighting equipment ((shall)) must be available to provide illumination for safe movement of employees. If natural sunlight provides sufficient illumination, portable or emergency lights are not required.
(5) Employees ((shall)) must not be permitted to enter dark spaces without a suitable portable light. The use of matches and open flame lights is prohibited. In nongas free spaces, portable lights ((shall)) must meet the requirements of WAC 296-304-02005 (2)(i).
(6) Temporary lighting stringers or streamers ((shall)) must be so arranged as to avoid overloading of branch circuits. Each branch circuit ((shall)) must be equipped with overcurrent protection of capacity not exceeding the rated current carrying capacity of the cord used.
(7) Explosion-proof, self-contained lights. ((The employer shall)) You must provide and ensure that each employee uses only explosion-proof, self-contained temporary and portable lights, approved for hazardous conditions by a nationally recognized testing laboratory (NRTL), in any area that the atmosphere is determined to contain a concentration of flammable vapors that are at or above ten percent of the lower explosive limit (LEL).
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06005 Utilities.
(1) Steam supply and hoses.
(a) Prior to supplying a vessel with steam from a source outside the vessel, ((the employer shall)) you must ascertain from responsible vessel's representatives, having knowledge of the condition of the plant, the safe working pressure of the vessel's steam system. ((The employer shall)) You must install a pressure gauge and a relief valve of proper size and capacity at the point where the temporary steam hose joins the vessel's steam piping system or systems. The relief valve ((shall)) must be set and capable of relieving at a pressure not exceeding the safe working pressure of the vessel's system in its present condition, and there ((shall be no)) must not be any means of isolating the relief valve from the system which it protects. The pressure gauge and relief valve ((shall)) must be located so as to be visible and readily accessible, and each relief valve is to be positioned so it is not likely to cause injury if steam is released.
(b) Steam hose and fittings ((shall)) must have a safety factor of not less than five, and ((shall)) must be used in accordance with the manufacturer's specifications.
(c) When steam hose is hung in a bight or bights, the weight ((shall)) must be relieved by appropriate lines to reduce tension on the hose and its fittings. The hose ((shall)) must be protected against chafing.
(d) Steam hose ((shall)) must be protected from damage and hose and temporary piping ((shall)) must be ((so)) shielded where passing through normal work areas as to prevent accidental contact by employees.
(2) Electric power. When the vessel is supplied with electric power from a source outside the vessel, the following precautions ((shall)) must be taken prior to energizing the vessel's circuits:
(a) If in dry dock, the vessel ((shall)) must be adequately grounded.
(b) ((The employer shall)) You must ascertain from responsible vessel's representatives, having a knowledge of the condition of the vessel's electrical system, that all circuits to be energized are in a safe condition.
(c) All circuits to be energized ((shall)) must be equipped with overcurrent protection of capacity not exceeding the rated current carrying capacity of the cord used.
(3) Infrared electrical heat lamps. All infrared electrical heat lamps ((shall)) must be equipped with guards that surround the lamps with the exception of the face, to minimize accidental contact with the lamps.
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06007 Work in confined or isolated spaces.
When any work is performed in a confined space, except as provided in WAC 296-304-04001 (2)(c), or when an employee is working alone in an isolated location, the employee ((shall)) must be checked, by sight or verbal communication:
(1) Throughout each workshift at regular intervals appropriate to the job assignment to ensure the employee's safety and health; and
(2) At the end of the job assignment or at the end of the workshift, whichever occurs first.
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06009 Work on or in the vicinity of radar and radio.
(1) ((The employer shall)) You must service each vessel's radar and communication systems in accordance with WAC 296-304-06016, Control of hazardous energy.
(2) ((The employer shall)) You must secure each vessel's radar and communication system so it is incapable of energizing or emitting radiation before any employee begins work:
(a) On or in the vicinity of the system;
(b) On or in the vicinity of a system equipped with a dummy load; or
(c) Aloft, such as on a mast or king post.
(3) When a vessel's radar or communication system is operated, serviced, repaired, or tested, ((the employer shall)) you must ensure that:
(a) There is no other work in progress aloft; and
(b) No employee is closer to the system's antenna or transmitter than the manufacturer's specified safe minimum distance for the type, model, and power of the equipment.
(4) ((The employer shall)) You must ensure that no employee enters an area designated as hazardous by manufacturers' specifications while a radar or communication system is capable of emitting radiation.
(5) The requirements of this section do not apply when a radar or communication system is incapable of emitting radiation at levels that could injure workers in the vicinity of the system, or if the radar or communication system is incapable of energizing in a manner than could injure workers working on or in the vicinity of the system.
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06011 Work in or on lifeboats.
(1) Before employees are permitted to work in or on a lifeboat, either stowed or in a suspended position, ((the employer shall)) you must ensure that the boat is secured independently of the releasing gear to prevent the boat from falling due to accidental tripping of the releasing gear and movement of the davits or capsizing of a boat in chocks.
(2) Employees ((shall)) must not be permitted to remain in boats while the boats are being hoisted or lowered, except when ((the employer)) you demonstrate((s)) that it is necessary to conduct operational tests or drills over water, or in the event of an emergency.
(3) Employees ((shall)) must not be permitted to work on the outboard side of lifeboats stowed on their chocks unless the boats are secured by gripes or otherwise secured to prevent them from swinging outboard.
AMENDATORY SECTION (Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)
WAC 296-304-06013 Hazardous materials.
((")) (1) Hazardous material((" -)). A material with one or more of the following characteristics:
(()) (a) Has a flash point below 140°F, closed cup, or is subject to spontaneous heating;
(()) (b) Has a threshold limit value below 500 p.p.m. in the case of a gas or vapor, below 500 mg./m.3 for fumes, and below 25 m.p.p.c.f. in case of a dust;
(()) (c) Has a single dose oral LD50 below 500 mg./kg.;
(()) (d) Is subject to polymerization with the release of large amounts of energy;
(()) (e) Is a strong oxidizing or reducing agent;
(()) (f) Causes first degree burns to skin in short time exposure, or is systematically toxic by skin contact; or
(()) (g) In the course of normal operations, may produce dusts, gases, fumes, vapors, mists, or smokes that have one or more of the above characteristics.
(((1))) (2) No chemical product, such as a solvent or preservative; no structural material, such as cadmium or zinc coated steel, or plastic material; and no process material, such as welding filler metal; which is a hazardous material may be used until ((the employer has)) you have ascertained the potential fire, toxic, or reactivity hazards which are likely to be encountered in the handling, application, or utilization of such a material.
(((2))) (3) In order to ascertain the hazards, as required by subsection (1) of this section, ((the employer shall)) you must obtain the following items of information which are applicable to a specific product or material to be used:
(a) The name, address, and telephone number of the source of the information specified in this section preferably those of the manufacturer of the product or material.
(b) The trade name and synonyms for a mixture of chemicals, a basic structural material, or for a process material; and the chemical name and synonyms, chemical family, and formula for a single chemical.
(c) Chemical names of hazardous ingredients, including, but not limited to, those in mixtures, such as those in: (i) Paints, preservatives, and solvents; (ii) alloys, metallic coatings, filler metals and their coatings or core fluxes; and (iii) other liquids, solids, or gases (e.g., abrasive materials).
(d) An indication of the percentage, by weight or volume, which each ingredient of a mixture bears to the whole mixture, and of the threshold limit value of each ingredient, in appropriate units.
(e) Physical data about a single chemical or a mixture of chemicals, including boiling point, in degrees Fahrenheit; vapor pressure, in millimeters of mercury; vapor density of gas or vapor (air=1); solubility in water, in percent by weight; specific gravity of material (water=1); percentage volatile, by volume, at 70°F.; evaporation rate for liquids (either butyl acetate or ether may be taken as 1); and appearance and odor.
(f) Fire and explosion hazard data about a single chemical or a mixture of chemicals, including flashpoint, in degrees Fahrenheit; flammable limits, in percent by volume in air; suitable extinguishing media or agents; special firefighting procedures; and unusual fire and explosion hazard information.
(g) Health hazard data, including threshold limit value, in appropriate units, for a single hazardous chemical or for the individual hazardous ingredients of a mixture as appropriate, effects of overexposure; and emergency and first-aid procedures.
(h) Reactivity data, including stability, incompatibility, hazardous decomposition products, and hazardous polymerization.
(i) Procedures to be followed and precautions to be taken in cleaning up and disposing of materials leaked or spilled.
(j) Special protection information, including use of personal protective equipment, such as respirators, eye protection, and protective clothing, and of ventilation, such as local exhaust, general, special, or other types.
(k) Special precautionary information about handling and storing.
(l) Any other general precautionary information.
(((3))) (4) The pertinent information required by subsection (2) of this section ((shall)) must be recorded either on United States Department of Labor Form LSB 00S-4, Material Safety Data Sheet, or on an essentially similar form which has been approved by the department of labor and industries. Copies of Form LSB 00S-4 may be obtained at any of the following regional offices of the occupational safety and health administration:
(a) Pacific region. (Arizona, California, Hawaii, and Nevada.)
10353 Federal Building, 450 Golden Gate Avenue, Box 36017, San Francisco, Calif. 94102.
(b) Region X, OSHA, (Alaska, Washington, Idaho, and Oregon), 300 Fifth Avenue, Suite 1280, Seattle, Washington 98104-2397.
A completed SDS form ((shall)) must be preserved and available for inspection for each hazardous chemical on the worksite.
(((4) The employer shall)) (5) You must instruct employees who will be exposed to the hazardous materials as to the nature of the hazards and the means of avoiding them.
(((5) The employer shall)) (6) You must provide all necessary controls, and the employees ((shall)) must be protected by suitable personal protective equipment against the hazards identified under subsection (1) of this section and those hazards for which specific precautions are required in WAC 296-304-020 through 296-304-04013.
(((6) The employer shall)) (7) You must provide adequate washing facilities for employees engaged in the application of paints or coatings or in other operations where contaminants can, by ingestion or absorption, be detrimental to the health of the employees. ((The employer shall)) You must encourage good personal hygiene practices by informing the employees of the need for removing surface contaminants by thorough washing of hands and face prior to eating or smoking.
(((7) The employer shall)) (8) You must not permit eating or smoking in areas undergoing surface preparation or preservation or where shiprepairing, shipbuilding, or shipbreaking operations produce atmospheric contamination.
(((8) The employer shall)) (9) You must not permit employees to work in the immediate vicinity of uncovered garbage and ((shall)) must ensure that employees working beneath or on the outboard side of a vessel are not subject to contamination by drainage or waste from overboard discharges.
(((9))) (10) Requirements of WAC 296-901-140, Hazard communication, will apply to shiprepairing, shipbuilding, and shipbreaking when potential hazards of chemicals and communicating information concerning hazards and appropriate protective equipment is applicable to an operation.
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06015 First aid.
(1) ((The employer shall)) You must ensure that emergency medical services and first aid are readily accessible.
(2) ((The employer shall)) You must ensure that health care professionals are readily available for advice and consultation on matters of workplace health.
(3) First-aid providers.
(a) ((The employer shall)) You must ensure that there is an adequate number of employees trained as first-aid providers at each worksite during each workshift unless:
(i) There is an on-site clinic or infirmary with first-aid providers during each workshift; or
(ii) ((The employer)) You can demonstrate that outside first-aid providers (i.e., emergency medical services) can reach the worksite within five minutes of a report of injury or illness. ((The employer)) You must take appropriate steps to ascertain that emergency medical assistance will be readily available promptly if an injury or illness occurs.
(b) ((The employer shall)) You must ensure that a first-aid provider is able to reach an injured/ill employee within five minutes of a report of a serious injury, illness, or accident such as one involving cardiac arrest, acute breathing problems, uncontrolled bleeding, suffocation, electrocution, or amputation.
(c) ((The employer shall)) You must use the following factors in determining the number and location of employees who must have first-aid training:
(i) Size and location of each worksite;
(ii) The number of employees at each worksite;
(iii) The hazards present at each worksite; and
(iv) The distance of each worksite from hospitals, clinics, and rescue squads.
(d) ((The employer shall)) You must ensure that first-aid providers are trained to render first aid, including cardiopulmonary resuscitation (CPR).
(e) ((The employer shall)) You must ensure that each first-aid provider maintains current first aid and CPR certifications, such as issued by the Red Cross, American Heart Association, or other equivalent organization.
(4) First-aid supplies.
(a) ((The employer shall)) You must provide and maintain adequate first-aid supplies that are readily accessible to each worksite. ((An employer's)) Your on-site infirmary or clinic containing first-aid supplies that are readily accessible to each worksite complies with this requirement.
(b) ((The employer shall)) You must ensure that the placement, content, and amount of first-aid supplies are adequate for the size and location of each worksite, the number of employees at each worksite, the hazards present at each worksite, and the distance of each worksite from hospitals, clinics, and rescue squads.
(c) ((The employer shall)) You must ensure that first-aid supplies are placed in a weatherproof container.
(d) ((The employer shall)) You must maintain first-aid supplies in a dry, sterile, and serviceable condition.
(e) ((The employer shall)) You must replenish first-aid supplies as necessary to ensure that there is an adequate supply when needed.
(f) ((The employer shall)) You must inspect first-aid supplies at sufficient intervals to ensure that they are adequate and in a serviceable condition.
(5) Quick-drenching and flushing facilities. Where the potential exists for an employee to be splashed with a substance that may result in an acute or serious injury, ((the employer shall)) you must provide facilities for quick-drenching or flushing the eyes and body. ((The employer shall)) You must ensure that such a facility is located for immediate emergency use within close proximity to operations where such substances are being used.
(6) Basket stretchers.
(a) ((The employer shall)) You must provide an adequate number of basket stretchers, or the equivalent, readily accessible to where work is being performed on a vessel or vessel section. ((The employer is)) You are not required to provide basket stretchers or the equivalent where emergency response services have basket stretchers or the equivalent that meet the requirements of this subsection (6)(a).
(b) ((The employer shall)) You must ensure each basket stretcher, or the equivalent, is equipped with:
(i) Permanent lifting bridles that enable the basket stretcher, or the equivalent, to be attached to hoisting gear capable of lifting at least five thousand pounds (2,270 kg);
(ii) Restraints that are capable of securely holding the injured/ill employee while the basket stretcher, or the equivalent, is lifted or moved; and
(iii) A blanket or other suitable covering for the injured/ill employee.
(c) ((The employer shall)) You must store basket stretchers, or the equivalent, and related equipment (i.e., restraints, blankets) in a clearly marked location in a manner that prevents damage and protects the equipment from environmental conditions.
(d) ((The employer shall)) You must inspect stretchers, or the equivalent, and related equipment at intervals that ensure the equipment remains in a safe and serviceable condition, but at least once a year.
Appendix A to WAC 296-304-06015 - First-aid kits and automated external defibrillators (nonmandatory)
1. First-aid supplies are required to be adequate and readily accessible under WAC 296-304-06015 (1) and (4). An example of the minimal contents of a generic first-aid kit for workplace settings is described in ANSI/ISEA Z308.1-2009, "Minimum Requirements for Workplace First Aid Kits and Supplies." The contents of the kit listed in this ANSI standard should be adequate for small worksites. When larger operations or multiple operations are being conducted at the same worksite, employers should determine the need for additional first-aid kits, additional types of first-aid equipment and supplies, and additional quantities and types of supplies and equipment in the first-aid kits.
2. In a similar fashion, employers that have unique or changing first-aid needs at their worksite may need to enhance their first-aid kits. The employer can use the OSHA 300 Log, OSHA 301 Incident Report form, or other reports to identify these unique problems. Consultation from the local fire or rescue department, appropriate health care professional or local emergency room may be helpful to employers in these circumstances. By assessing the specific needs of their worksite, employers can ensure that reasonably anticipated supplies are available. Employers should assess the specific needs of their worksite periodically, and augment first-aid kits appropriately.
3. If it is reasonably anticipated that employees will be exposed to blood or other potentially infectious materials while using first-aid supplies, employers must provide appropriate personal protective equipment (PPE) in compliance with the provisions of chapter 296-823 WAC, bloodborne pathogens. This standard lists appropriate PPE for this type of exposure, such as gloves, gowns, face shields, masks, and eye protection.
4. Employers who provide automated external defibrillators (AEDs) at their workplaces should designate who will use AEDs and train those employees so they know how to correctly use the AEDs. Although a growing number of AEDs are now designed to be used by any person, even without training, training reinforces proper use and promotes the usefulness of AEDs as part of an effective cardiopulmonary resuscitation plan. For AEDs to be effective, employers should:
a. Ensure that AEDs are located so they can be utilized within three to five minutes of a report of an accident or injury;
b. Ensure that employees use AEDs in accordance with manufacturers' specifications; and
c. Inspect, test, and maintain AEDs in accordance with manufacturers' specifications.
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06016 Control of hazardous energy (lockout/tags-plus).
Definition: (("))Tags-plus system((" -)). A system to control hazardous energy that consists of an energy-isolating device with a tag affixed to it, and at least one additional safety measure.
(1) Scope, application, and effective dates.
(a) Scope. This section covers the servicing of machinery, equipment, and systems when the energization or start-up of machinery, equipment, or systems, or the release of hazardous energy, could endanger an employee.
(b) Application.
(i) This section applies to the servicing of any machinery, equipment, or system that employees use in the course of shipyard employment work and that is conducted:
(A) In any landside facility that performs shipyard employment work; and
(B) On any vessel or vessel section.
(ii) This section applies to such servicing conducted on a vessel by any employee including, but not limited to, the ship's officers and crew unless such application is preempted by the regulations of another agency.
(c) When other standards in this chapter require the use of a lock or tag, ((the employer shall)) you must use and supplement them with the procedural and training requirements specified in this section.
(d) Exceptions. This section does not apply to:
(i) Work on cord- and plug-connected machinery, equipment, or system, provided the employer ensures that the machinery, equipment, or system is unplugged and the plug is under the exclusive control of the employee performing the servicing;
(ii) Minor servicing activities performed during normal production operations, including minor tool changes and adjustments, that are routine, repetitive, and integral to the use of the machinery, equipment, or system, provided ((the employer)) you ensure((s)) that the work is performed using measures that provide effective protection from energization, start-up, or the release of hazardous energy.
(2) Lockout/tags-plus program. ((The employer shall)) You must establish and implement a written program and procedures for lockout and tags-plus systems to control hazardous energy during the servicing of any machinery, equipment, or system in shipyard employment. The program ((shall)) must cover:
(a) Procedures for lockout/tags-plus systems while servicing machinery, equipment, or systems in accordance with subsection (3) of this section;
(b) Procedures for protecting employees involved in servicing any machinery, equipment, or system in accordance with subsections (4) through (13) of this section;
(c) Specifications for locks and tags-plus hardware in accordance with subsection (14) of this section;
(d) Employee information and training in accordance with subsection (15) of this section;
(e) Incident investigations in accordance with subsection (16) of this section; and
(f) Program audits in accordance with subsection (17) of this section.
(3) General requirements.
(a) ((The employer shall)) You must ensure that, before any authorized employee performs servicing when energization or start-up, or the release of hazardous energy, may occur, all energy sources are identified and isolated, and the machinery, equipment, or system is rendered inoperative.
(b) If an energy-isolating device is capable of being locked, ((the employer shall)) you must ensure the use of a lock to prevent energization or start-up, or the release of hazardous energy, before any servicing is started, unless ((the employer)) you can demonstrate that the utilization of a tags-plus system will provide full employee protection as set forth in (f) of this subsection.
(c) If an energy-isolating device is not capable of being locked, ((the employer shall)) you must ensure the use of a tags-plus system to prevent energization or start-up, or the release of hazardous energy, before any servicing is started.
(d) Each tags-plus system shall consist of:
(i) At least one energy-isolating device with a tag affixed to it; and
(ii) At least one additional safety measure that, along with the energy isolating device and tag required in (d)(i) of this subsection, will provide the equivalent safety available from the use of a lock.
(e) After the effective date of this section, ((the employer shall)) you must ensure that each energy-isolating device for any machinery, equipment, or system is designed to accept a lock whenever the machinery, equipment, or system is extensively repaired, renovated, modified, or replaced, or whenever new machinery, equipment, or systems are installed. This requirement does not apply when a shipyard employer:
(i) Does not own the machinery, equipment, or system; or
(ii) Builds or services a vessel or vessel section according to customer specifications.
(f) Full employee protection.
(i) When a tag is used on an energy-isolating device that is capable of being locked out, the tag ((shall)) must be attached at the same location that the lock would have been attached; and
(ii) ((The employer shall)) You must demonstrate that the use of a tags-plus system will provide a level of safety equivalent to that obtained by using a lock. In demonstrating that an equivalent level of safety is achieved, ((the employer shall)) you must:
(A) Demonstrate full compliance with all tags-plus related provisions of this standard; and
(B) Implement such additional safety measures as are necessary to provide the equivalent safety available from the use of a lock.
(g) Lockout/tags-plus coordination.
(i) ((The employer shall)) You must establish and implement lockout/tags-plus coordination when:
(A) Employees on vessels and in vessel sections are servicing multiple machinery, equipment, or systems at the same time; or
(B) Employees on vessels, in vessel sections, and at landside facilities are performing multiple servicing operations on the same machinery, equipment, or system at the same time.
(ii) The coordination process ((shall)) must include a lockout/tags-plus coordinator and a lockout/tags-plus log. Each log ((shall)) must be specific to each vessel, vessel section, and landside work area.
(iii) ((The employer shall)) You must designate a lockout/tags-plus coordinator who is responsible for overseeing and approving:
(A) The application of each lockout and tags-plus system;
(B) The verification of hazardous energy isolation before the servicing of any machinery, equipment, or system begins; and
(C) The removal of each lockout and tags-plus system.
(iv) ((The employer shall)) You must ensure that the lockout/tags-plus coordinator maintains and administers a continuous log of each lockout and tags-plus system. The log ((shall)) must contain:
(A) Location of machinery, equipment, or system to be serviced;
(B) Type of machinery, equipment, or system to be serviced;
(C) Name of the authorized employee applying the lockout/tags-plus system;
(D) Date that the lockout/tags-plus system is applied;
(E) Name of authorized employee removing the lock or tags-plus system; and
(F) Date that lockout/tags-plus system is removed.
(4) Lockout/tags-plus written procedures.
(a) ((The employer shall)) You must establish and implement written procedures to prevent energization or start-up, or the release of hazardous energy, during the servicing of any machinery, equipment, or system. Each procedure ((shall)) must include:
(i) A clear and specific outline of the scope and purpose of the lockout/tags-plus procedure;
(ii) The means ((the employer)) you will use to enforce compliance with the lockout/tags-plus program and procedures; and
(iii) The steps that must be followed for:
(A) Preparing for shutting down and isolating of the machinery, equipment, or system to be serviced, in accordance with subsection (5) of this section;
(B) Applying the lockout/tags-plus system, in accordance with subsection (6) of this section;
(C) Verifying isolation, in accordance with subsection (7) of this section;
(D) Testing the machinery, equipment, or system, in accordance with subsection (8) of this section;
(E) Removing lockout/tags-plus systems, in accordance with subsection (9) of this section;
(F) Starting up the machinery, equipment, or system that is being serviced, in accordance with subsection (10) of this section;
(G) Applying lockout/tags-plus systems in group servicing operations, in accordance with subsection (11) of this section;
(H) Addressing multiemployer worksites involved in servicing any machinery, equipment, or system, in accordance with subsection (12) of this section; and
(I) Addressing shift or personnel changes during servicing operations, in accordance with subsection (13) of this section.
Note to (a) of this subsection: ((The employer)) You need only develop a single procedure for a group of similar machines, equipment, or systems if the machines, equipment, or systems have the same type and magnitude of energy and the same or similar types of controls, and if a single procedure can satisfactorily address the hazards and the steps to be taken to control these hazards.
(b) ((The employer's)) Your lockout procedures do not have to be in writing for servicing machinery, equipment, or systems, provided that all of the following conditions are met:
(i) There is no potential for hazardous energy to be released (or to reaccumulate) after shutting down, or restoring energy to, the machinery, equipment, or system;
(ii) The machinery, equipment, or system has a single energy source that can be readily identified and isolated;
(iii) The isolation and lock out of that energy source will result in complete deenergization and deactivation of the machinery, equipment, or system, and there is no potential for reaccumulation of energy;
(iv) The energy source is isolated and secured from the machinery, equipment, or system during servicing;
(v) Only one lock is necessary for isolating the energy source;
(vi) The lock is under the exclusive control of the authorized employee performing the servicing;
(vii) The servicing does not create a hazard for any other employee; and
(viii) ((The employer)) You, in utilizing this exception, ((has)) have not had any accidents or incidents involving the activation or reenergization of this type of machinery, equipment, or system during servicing.
(5) Procedures for shutdown and isolation.
(a) Before an authorized employee shuts down any machinery, equipment, or system, ((the employer shall)) you must:
(i) Ensure that the authorized employee has knowledge of:
(A) The source, type, and magnitude of the hazards associated with energization or start-up of the machine, equipment, or system;
(B) The hazards associated with the release of hazardous energy; and
(C) The means to control these hazards; and
(ii) Notify each affected employee that the machinery, equipment, or system will be shutdown and deenergized prior to servicing, and that a lockout/tags-plus system will be implemented.
(b) ((The employer shall)) You must ensure that the machinery, equipment, or system is shutdown according to the written procedures the employer established.
(c) ((The employer shall)) You must use an orderly shutdown to prevent exposing any employee to risks associated with hazardous energy.
(d) ((The employer shall)) You must ensure that the authorized employee relieves, disconnects, restrains, or otherwise renders safe all potentially hazardous energy that is connected to the machinery, equipment, or system.
(6) Procedures for applying lockout/tags-plus systems.
(a) ((The employer shall)) You must ensure that only an authorized employee applies a lockout/tags-plus system.
(b) When using lockout systems, ((the employer shall)) you must ensure that the authorized employee affixes each lock in a manner that will hold the energy isolating device in a safe or off position.
(c) When using tags-plus systems, ((the employer shall)) you must ensure that the authorized employee affixes a tag directly to the energy-isolating device that clearly indicates that the removal of the device from a safe or off position is prohibited.
(d) When the tag cannot be affixed directly to the energy-isolating device ((the employer shall)) you must ensure that the authorized employee locates it as close as safely possible to the device, in a safe and immediately obvious position.
(e) ((The employer shall)) You must ensure that each energy-isolating device that controls energy to the machinery, equipment, or system is effective in isolating the machinery, equipment, or system from all potentially hazardous energy source(s).
(7) Procedures for verification of deenergization and isolation.
(a) Before servicing machinery, equipment, or a system that has a lockout/tags-plus system, ((the employer shall)) you must ensure that the authorized employee, or the primary authorized employee in a group lockout/tags-plus application, verifies that the machinery, equipment, or system is deenergized and all energy sources isolated.
(b) ((The employer shall)) You must ensure that the authorized employee, or the primary authorized employee in a group lockout/tags-plus application, continues verifying deenergization and isolation while servicing the machinery, equipment, or system.
(c) Each authorized employee in a group lockout/tags-plus application who will be servicing the machinery, equipment, or system must be given the option to verify that the machinery, equipment, or system is deenergized and all energy sources isolated, even when verification is performed by the primary authorized employee.
(8) ((Procedures for testing.)) In each situation in which a lockout/tags-plus system must be removed temporarily and the machinery, equipment, or system restarted to test it or to position a component, ((the employer shall)) you must ensure that the authorized employee does the following in sequence:
(a) Clears tools and materials from the work area;
(b) Removes nonessential employees from the work area;
(c) Removes each lockout/tags-plus system in accordance with subsection (9) of this section;
(d) Restarts the machinery, equipment, or system and then proceeds with testing or positioning; and
(e) After completing testing or positioning, deenergizes and shuts down the machinery, equipment, or system and reapplies all lockout/tags-plus systems in accordance with subsections (5) through (7) of this section to continue servicing.
(9) Procedures for removal of lockout and tags-plus systems.
(a) Before removing any lockout/tags-plus system and restoring the machinery, equipment, or system to use, ((the employer shall)) you must ensure that the authorized employee does the following:
(i) Notifies all other authorized and affected employees that the lockout/tags-plus system will be removed;
(ii) Ensures that all employees in the work area have been safely positioned or removed; and
(iii) Inspects the work area to ensure that nonessential items have been removed and machinery, equipment, or system components are operationally intact.
(b) ((The employer shall)) You must ensure that each lock or tags-plus system is removed by the authorized employee who applied it.
(c) When the authorized employee who applied the lockout/tags-plus system is not available to remove it, ((the employer)) you may direct removal by another authorized employee, provided ((the employer developed and incorporated)) you develop and incorporate into the lockout/tags-plus program the specific procedures and training that address such removal, and demonstrate((s)) that the specific procedures used provide a level of employee safety that is at least as effective in protecting employees as removal of the system by the authorized employee who applied it. After meeting these requirements, ((the employer shall)) you must do the following in sequence:
(i) Verify that the authorized employee who applied the lockout/tags-plus system is not in the facility;
(ii) Make all reasonable efforts to contact the authorized employee to inform him/her that the lockout/tags-plus system has been removed; and
(iii) Ensure that the authorized employee who applied the lock or tags-plus system has knowledge of the removal before resuming work on the affected machinery, equipment, or system.
(10) Procedures for start-up.
(a) Before an authorized employee turns on any machinery, equipment, or system after servicing is completed, ((the employer shall)) you must ensure that the authorized employee has knowledge of the source, type, and magnitude of the hazards associated with energization or start-up, and the means to control these hazards.
(b) ((The employer shall)) You must execute an orderly start-up to prevent or minimize any additional or increased hazard(s) to employees. ((The employer shall)) You must perform the following tasks before starting up the machinery, equipment, or system:
(i) Clear tools and materials from the work area;
(ii) Remove any nonessential employees from the work area; and
(iii) Start-up the machinery, equipment, or system according to the detailed procedures ((the employer)) you established for that machinery, equipment, or system.
(11) Procedures for group lockout/tags-plus. When more than one authorized employee services the same machinery, equipment, or system at the same time, the following procedures ((shall)) must be implemented:
(a) Primary authorized employee. ((The employer shall)) You must:
(i) Assign responsibility to one primary authorized employee for each group of authorized employees performing servicing on the same machinery, equipment, or system;
(ii) Ensure that the primary authorized employee determines the safe exposure status of each authorized employee in the group with regard to the lockout/tags-plus system;
(iii) Ensure that the primary authorized employee obtains approval from the lockout/tags-plus coordinator to apply and remove the lockout/tags-plus system; and
(iv) Ensure that the primary authorized employee coordinates the servicing operation with the coordinator when required by subsection (3)(g)(i) of this section.
(b) Authorized employees. ((The employer shall)) You must either:
(i) Have each authorized employee apply a personal lockout/tags-plus system; or
(ii) Use a procedure that ((the employer)) you can demonstrate affords each authorized employee a level of protection equivalent to the protection provided by having each authorized employee apply a personal lockout/tags-plus system. Such procedures ((shall)) must incorporate a means for each authorized employee to have personal control of, and accountability for, his or her protection such as, but not limited to, having each authorized employee:
(A) Sign a group tag (or a group tag equivalent), attach a personal identification device to a group lockout device, or performs a comparable action before servicing is started; and
(B) Sign off the group tag (or the group tag equivalent), remove the personal identification device, or perform a comparable action when servicing is finished.
(12) Procedures for multiemployer worksites.
(a) The host employer ((shall)) must establish and implement procedures to protect employees from hazardous energy in multiemployer worksites. The procedures ((shall)) must specify the responsibilities for host and contract employers.
(b) Host employer responsibilities. The host employer ((shall)) must carry out the following responsibilities in multiemployer worksites:
(i) Inform each contract employer about the content of the host employer's lockout/tags-plus program and procedures;
(ii) Instruct each contract employer to follow the host employer's lockout/tags-plus program and procedures; and
(iii) Ensure that the lockout/tags-plus coordinator knows about all servicing operations and communicates with each contract employer who performs servicing or works in an area where servicing is being conducted.
(c) Contract employer responsibilities. Each contract employer ((shall)) must perform the following duties when working in a multiemployer worksite:
(i) Follow the host employer's lockout/tags-plus program and procedures;
(ii) Ensure that the host employer knows about the lockout/tags-plus hazards associated with the contract employer's work and what the contract employer is doing to address these hazards; and
(iii) Inform the host employer of any previously unidentified lockout/tags-plus hazards that the contract employer identifies at the multiemployer worksite.
Note to subsection (12) of this section: The host employer may include provisions in its contract with the contract employer for the contract employer to have more control over the lockout/tags-plus program if such provisions will provide an equivalent level of protection for the host employer's and contract employer's employees as provided by subsection (l) of this section.
(13) Procedures for shift or personnel changes.
(a) ((The employer shall)) You must establish and implement specific procedures for shift or personnel changes to ensure the continuity of lockout/tags-plus protection.
(b) ((The employer shall)) You must establish and implement provisions for the orderly transfer of lockout/tags-plus systems between authorized employees when they are starting and ending their workshifts, or when personnel changes occur during a workshift, to prevent energization or start-up of the machinery, equipment, or system being serviced or the release of hazardous energy.
(14) Lockout/tags-plus materials and hardware.
(a) ((The employer shall)) You must provide locks and tags-plus system hardware used for isolating, securing, or blocking machinery, equipment, or systems from all hazardous energy sources.
(b) ((The employer shall)) You must ensure that each lock and tag is uniquely identified for the purpose of controlling hazardous energy and is not used for any other purpose.
(c) ((The employer shall)) You must ensure that each lock and tag meets the following requirements:
(i) Durable.
(A) Each lock and tag is capable of withstanding the existing environmental conditions for the maximum period of time that servicing is expected to last;
(B) Each tag is made so that weather conditions, wet or damp conditions, corrosive substances, or other conditions in the work area where the tag is used or stored will not cause it to deteriorate or become illegible;
(ii) Standardized.
(A) Each lock and tag is standardized in at least one of the following areas: Color, shape, or size; and
(B) Each tag is standardized in print and format;
(iii) Substantial.
(A) Each lock is sturdy enough to prevent removal without the use of extra force or unusual techniques, such as bolt cutters or other metal-cutting tools;
(B) Each tag and tag attachment is sturdy enough to prevent inadvertent or accidental removal;
(C) Each tag attachment has the general design and basic safety characteristics of a one-piece, all environment-tolerant nylon tie;
(D) Each tag attachment is nonreusable, attachable by hand, self-locking, and nonreleasable, and has a minimum unlocking strength of fifty pounds;
(iv) Identifiable. Each lock and tag indicates the identity of the authorized employee applying it; and
(v) Each tag warns of hazardous conditions that could arise if the machinery, equipment, or system is energized and includes a legend such as one of the following: "Do Not Start," "Do Not Open," "Do Not Close," "Do Not Energize," or "Do Not Operate."
(15) Information and training.
(a) Initial training. ((The employer shall)) You must train each employee in the applicable requirements of this section no later than the effective date of this section.
(b) General training content. ((The employer shall)) You must train each employee who is, or may be, in an area where lockout/tags-plus systems are being used so they know:
(i) The purpose and function of ((the employer's)) your lockout/tags-plus program and procedures;
(ii) The unique identity of the locks and tags to be used in the lockout/tags-plus system, as well as the standardized color, shape or size of these devices;
(iii) The basic components of the tags-plus system: An energy-isolating device with a tag affixed to it and an additional safety measure;
(iv) The prohibition against tampering with or removing any lockout/tags-plus system; and
(v) The prohibition against restarting or reenergizing any machinery, equipment, or system being serviced under a lockout/tags-plus system.
(c) Additional training requirements for affected employees. In addition to training affected employees in the requirements in (b) of this subsection, ((the employer also shall)) you must also train each affected employee so he/she knows:
(i) The use of ((the employer's)) your lockout/tags-plus program and procedures;
(ii) That affected employees are not to apply or remove any lockout/tags-plus system; and
(iii) That affected employees are not to bypass, ignore, or otherwise defeat any lockout/tags-plus system.
(d) Additional training requirements for authorized employees. In addition to training authorized employees in the requirements in (b) and (c) of this subsection, ((the employer also shall)) you must also train each authorized employee so he/she knows:
(i) The steps necessary for the safe application, use, and removal of lockout/tags-plus systems to prevent energization or start-up or the release of hazardous energy during servicing of machinery, equipment, or systems;
(ii) The type of energy sources and the magnitude of the energy available at the worksite;
(iii) The means and methods necessary for effective isolation and control of hazardous energy;
(iv) The means for determining the safe exposure status of other employees in a group when the authorized employee is working as a group's primary authorized employee;
(v) The requirement for tags to be written so they are legible and understandable to all employees;
(vi) The requirement that tags and their means of attachment be made of materials that will withstand the environmental conditions encountered in the workplace;
(vii) The requirement that tags be securely attached to energy-isolating devices so they cannot be accidentally removed while servicing machinery, equipment, or systems;
(viii) That tags are warning devices, and alone do not provide physical barriers against energization or start-up, or the release of hazardous energy, provided by locks, and energy-isolating devices; and
(ix) That tags must be used in conjunction with an energy-isolating device to prevent energization or start-up or the release of hazardous energy.
(e) Additional training for lockout/tags-plus coordinator. In addition to training lockout/tags-plus coordinators in the requirements in (b), (c), and (d) of this subsection, ((the employer shall)) you must train each lockout/tags-plus coordinator so he/she knows:
(i) How to identify and isolate any machinery, equipment, or system that is being serviced; and
(ii) How to accurately document lockout/tags-plus systems and maintain the lockout/tags-plus log.
(f) Employee retraining.
(i) ((The employer shall)) You must retrain each employee, as applicable, whenever:
(A) There is a change in his/her job assignment that presents new hazards or requires a greater degree of knowledge about ((the employer's)) your lockout/tags-plus program or procedures;
(B) There is a change in machinery, equipment, or systems to be serviced that presents a new energy-control hazard;
(C) There is a change in ((the employer's)) your lockout/tags-plus program or procedures; or
(D) It is necessary to maintain the employee's proficiency.
(ii) ((The employer also shall)) You must also retrain each employee, as applicable, whenever an incident investigation or program audit indicates that there are:
(A) Deviations from, or deficiencies in, the employer's lockout/tags-plus program or procedures; or
(B) Inadequacies in an employee's knowledge or use of the lockout/tags-plus program or procedures.
(iii) ((The employer shall)) You must ensure that retraining establishes the required employee knowledge and proficiency in ((the employer's)) your lockout/tags-plus program and procedures and in any new or revised energy-control procedures.
(g) Upon completion of employee training, ((the employer shall)) you must keep a record that the employee accomplished the training, and that this training is current. The training record ((shall)) must contain at least the employee's name, date of training, and the subject of the training.
(16) Incident investigation.
(a) ((The employer shall)) You must investigate each incident that resulted in, or could reasonably have resulted in, energization or start-up, or the release of hazardous energy, while servicing machinery, equipment, or systems.
(b) Promptly but not later than twenty-four hours following the incident, ((the employer shall)) you must initiate an incident investigation and notify each employee who was, or could reasonably have been, affected by the incident.
(c) ((The employer shall)) You must ensure that the incident investigation is conducted by at least one employee who has the knowledge of, and experience in, ((the employer's)) your lockout/tags-plus program and procedures, and in investigating and analyzing incidents involving the release of hazardous energy. ((The employer)) You may also use additional individuals to participate in investigating the incident.
(d) ((The employer shall)) You must ensure that the individual(s) conducting the investigation prepare(s) a written report of the investigation that includes:
(i) The date and time of the incident;
(ii) The date and time the incident investigation began;
(iii) Location of the incident;
(iv) A description of the incident;
(v) The factors that contributed to the incident;
(vi) A copy of any lockout/tags-plus log that was current at the time of the incident; and
(vii) Any corrective actions that need to be taken as a result of the incident.
(e) ((The employer shall)) You must review the written incident report with each employee whose job tasks are relevant to the incident investigation findings, including contract employees when applicable.
(f) ((The employer shall)) You must ensure that the incident investigation and written report are completed, and all corrective actions implemented, within thirty days following the incident.
(g) If ((the employer)) you demonstrate((s)) that it is infeasible to implement all of the corrective actions within thirty days, ((the employer shall)) you must prepare a written abatement plan that contains an explanation of the circumstances causing the delay, a proposed timetable for the abatement, and a summary of the steps ((the employer is)) you are taking in the interim to protect employees from hazardous energy while servicing machinery, equipment, or systems.
(17) Program audits.
(a) ((The employer shall)) You must conduct an audit of the lockout/tags-plus program and procedures currently in use at least annually to ensure that the procedures and the requirements of this section are being followed and to correct any deficiencies.
(b) ((The employer shall)) You must ensure that the audit is performed by:
(i) An authorized employee other than the one(s) currently using the energy control procedure being reviewed; or
(ii) Individuals other than an authorized employee who are knowledgeable about ((the employer's)) your lockout/tags-plus program and procedures and the machinery, equipment, or systems being audited.
(c) ((The employer shall)) You must ensure that the audit includes:
(i) A review of the written lockout/tags-plus program and procedures;
(ii) A review of the current lockout/tags-plus log;
(iii) Verification of the accuracy of the lockout/tags-plus log;
(iv) A review of incident reports since the last audit;
(v) A review conducted between the auditor and authorized employees regarding the authorized employees' responsibilities under the lockout systems being audited; and
(vi) A review conducted between the auditor and affected and authorized employees regarding their responsibilities under the tags-plus systems being audited.
(d) ((The employer shall)) You must ensure that, within fifteen days after completion of the audit, the individual(s) who conducted the audit prepare and deliver to ((the employer)) you a written audit report that includes at least:
(i) The date of the audit;
(ii) The identity of the individual(s) who performed the audit;
(iii) The identity of the procedure and machinery, equipment, or system that were audited;
(iv) The findings of the program audit and recommendations for correcting deviations or deficiencies identified during the audit;
(v) Any incident investigation reports since the previous audit; and
(vi) Descriptions of corrective actions ((the employer has)) you have taken in response to the findings and recommendations of any incident investigation reports prepared since the previous audit.
(e) ((The employer shall)) You must promptly communicate the findings and recommendations in the written audit report to each employee having a job task that may be affected by such findings and recommendations.
(f) ((The employer shall)) You must correct the deviations or inadequacies in the lockout/tags-plus program within fifteen days after receiving the written audit report.
(18) Recordkeeping.
(a) Table R-1 specifies what records ((the employer)) you must retain and how long ((the employer)) you must retain them:
Table R-1
Retention of Records Required by WAC 296-304-06016
The employer must keep the following records
For at least
Current lockout/tags-plus program and procedures
Until replaced by updated program and procedures
Training records
Until replaced by updated records for each type of training
Incident investigation reports
Until the next program audit is completed
Program audit report
12 months after being replaced by the next audit report
(b) ((The employer shall)) You must make all records required by this section available to employees, their representatives, and the director.
(19) Appendices. Nonmandatory Appendix A to this section is a guideline to assist employers and employees in complying with the requirements of this section, and to provide them with other useful information. The information in Appendix A does not add to, or in any way revise, the requirements of this section.
Appendix A to WAC 296-304-06016 (Nonmandatory) - Typical minimal lockout/tags-plus procedures general lockout/tags-plus procedure.
Lockout/tags-plus procedure for (name of company for single procedure or identification of machinery, equipment, or system if multiple procedures used).
Purpose
This procedure establishes the minimum requirements for the lockout/tags-plus application of energy-isolating devices on vessels and vessel sections, and for landside facilities whenever servicing is done on machinery, equipment, or systems in shipyards. This procedure shall be used to ensure that all potentially hazardous energy sources have been isolated and the machinery, equipment, or system to be serviced has been rendered inoperative through the use of lockout or tags-plus procedures before employees perform any servicing when the energization or start-up of the machinery, equipment, or system, or the release of hazardous energy could cause injury.
Compliance with this program
All employees are required to comply with the restrictions and limitations imposed on them during the use of lockout or tags-plus applications. Authorized employees are required to perform each lockout or tags-plus application in accordance with this procedure. No employee, upon observing that machinery, equipment, or systems are secured using lockout or tags-plus applications, shall attempt to start, open, close, energize, or operate that machinery, equipment, or system.
Procedures for lockout/tags-plus systems
(1) Notify each affected employee that servicing is required on the machinery, equipment, or system, and that it must be isolated and rendered inoperative using a lockout or tags-plus system.
(2) The authorized employee shall refer to shipyard employer's procedures to identify the type and magnitude of the energy source(s) that the machinery, equipment, or system uses, shall understand the hazards of the energy, and shall know the methods to control the energy source(s).
(3) If the machinery, equipment, or system is operating, shut it down in accordance with the written procedures (depress the stop button, open switch, close valve, etc.) established by the employer.
(4) Secure each energy-isolating device(s) through the use of a lockout or tags-plus system (for instance, disconnecting, blanking, and affixing tags) so that the energy source is isolated and the machinery, equipment, or system is rendered inoperative.
(5) Lockout system. Affix a lock to each energy-isolating device(s) with assigned individual lock(s) that will hold the energy isolating device(s) in a safe or off position. Potentially hazardous energy (such as that found in capacitors, springs, elevated machine members, rotating flywheels, hydraulic systems, and air, gas, steam, or water pressure, etc.) must be controlled by methods such as grounding, repositioning, blocking, bleeding down, etc.
(6) Tags-plus system. Affix a tag to each energy-isolating device and provide at least one additional safety measure that clearly indicates that removal of the device from the safe or off position is prohibited. Potentially hazardous energy (such as that found in capacitors, springs, elevated machine members, rotating flywheels, hydraulic systems and air, gas, steam, or water pressure, etc.) must be controlled by methods such as grounding, repositioning, blocking, bleeding down, etc.
(7) Ensure that the machinery, equipment, or system is relieved, disconnected, restrained, or rendered safe from the release of all potentially hazardous energy by checking that no personnel are exposed, and then verifying the isolation of energy to the machine, equipment, or system by operating the push button or other normal operating control(s), or by testing to make certain it will not operate.
CAUTION:
Return operating control(s) to the safe or off position after verifying the isolation of the machinery, equipment, or system.
(8) The machinery, equipment, or system is now secured by a lockout or tags-plus system, and servicing by the authorized person may be performed.
Procedures for removal of lockout/tags-plus systems
When servicing is complete and the machinery, equipment, or system is ready to return to normal operating condition, the following steps shall be taken:
(1) Notify each authorized and affected employee(s) that the lockout/tags-plus system will be removed and the machinery, equipment, or system reenergized.
(2) Inspect the work area to ensure that all employees have been safely positioned or removed.
(3) Inspect the machinery, equipment, or system and the immediate area around the machinery, equipment, or system to ensure that nonessential items have been removed and that the machinery, equipment, or system components are operationally intact.
(4) Reconnect the necessary components, remove the lockout/tags-plus material and hardware, and reenergize the machinery, equipment, or system through the established detailed procedures determined by the employer.
(5) Notify all affected employees that servicing is complete and the machinery, equipment, or system is ready for testing or use.
AMENDATORY SECTION (Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)
WAC 296-304-06017 Retention of DOT markings, placards, and labels.
(1) Any employer who receives a package of hazardous material that is required to be marked, labeled, or placarded in accordance with the U.S. Department of Transportation Hazardous Materials Regulations (49 C.F.R. parts 171 through 180) ((shall)) must retain those markings, labels, and placards on the package until the packaging is sufficiently cleaned of residue and purged of vapors to remove any potential hazards.
(2) Any employer who receives a freight container, rail freight car, motor vehicle, or transport vehicle that is required to be marked or placarded in accordance with the U.S. Department of Transportation Hazardous Materials Regulations ((shall)) must retain those markings and placards on the freight container, rail freight car, motor vehicle, or transport vehicle until the hazardous materials are sufficiently removed to prevent any potential hazards.
(3) ((The employer shall)) You must maintain markings, placards, and labels in a manner that ensures that they are readily visible.
(4) For nonbulk packages that will not be reshipped, the requirements of this section are met if a label or other acceptable marking is affixed in accordance with WAC 296-901-14012, Labels and other forms of warning and WAC 296-901-14014, Safety data sheets.
(5) For the purposes of this section, the term "hazardous material" and any other terms not defined in this section have the same definition as specified in the U.S. Department of Transportation Hazardous Materials Regulations.
AMENDATORY SECTION (Amending WSR 12-12-060, filed 6/5/12, effective 8/1/12)
WAC 296-304-06018 Motor vehicle safety equipment, operation, and maintenance.
(1) Application.
(a) This section applies to any motor vehicle used to transport employees, materials, or property at worksites engaged in shipyard employment. This section does not apply to motor vehicle operation on public streets and highways.
(b) The requirements of this section apply to employer-provided motor vehicles. The requirements of subsections (2)(b) and (d) and (3)(b) of this section also apply to employee-provided motor vehicles.
(c) Only the requirements of subsection (2)(a) through (c) of this section apply to powered industrial trucks, as defined in chapter 296-863 WAC. The maintenance, inspection, operation, and training requirements in chapter 296-863 WAC continue to apply to powered industrial trucks used for shipyard employment.
(2) Motor vehicle safety equipment.
(a) ((The employer shall)) You must ensure that each motor vehicle acquired or initially used after the effective date of this rule is equipped with a safety belt for each employee operating or riding in the motor vehicle. This requirement does not apply to any motor vehicle that was not equipped with safety belts at the time of manufacture.
(b) ((The employer shall)) You must ensure that each employee uses a safety belt, securely and tightly fastened, at all times while operating or riding in a motor vehicle.
(c) ((The employer shall)) You must ensure that vehicle safety equipment is not removed from any employer-provided vehicle. ((The employer shall)) You must replace safety equipment that is removed.
(d) ((The employer shall)) You must ensure that each motor vehicle used to transport an employee has firmly secured seats for each employee being transported and that all employees being transported are using such seats.
(3) Motor vehicle maintenance and operation.
(a) ((The employer shall)) You must ensure that each motor vehicle is maintained in a serviceable and safe operating condition, and removed from service if it is not in such condition.
(b) ((The employer shall)) You must ensure that, before a motor vehicle is operated, any tools and materials being transported are secured if their movements may create a hazard for employees.
(c) ((The employer shall)) You must implement measures to ensure that motor vehicle operators are able to see, and avoid harming, pedestrians and bicyclists at shipyards. Measures that ((employers)) you may implement to comply with this requirement include:
(i) Establishing dedicated travel lanes for motor vehicles, bicyclists, and pedestrians;
(ii) Installing crosswalks and traffic control devices such as stop signs, mirrors at blind spots, or physical barriers to separate travel lanes;
(iii) Establishing appropriate speed limits for all motor vehicles;
(iv) Establishing "no drive" times to allow for safe movement of pedestrians;
(v) Providing reflective vests or other gear so pedestrians and bicyclists are clearly visible to motor vehicle operators;
(vi) Ensuring that bicycles have reflectors, lights, or other equipment to maximize visibility of the bicyclist; or
(vii) Other measures that ((the employer)) you can demonstrate are as effective in protecting pedestrians and bicyclists as those measures specified in this section.
Reference:
See chapter 296-864 WAC, Split (multipiece) rim and single-piece rim wheels, for requirements relating to servicing multipiece and single-piece rim wheels.
AMENDATORY SECTION (Amending Order 74-25, filed 5/7/74)
WAC 296-304-07001 Inspection.
(1) All gear and equipment provided by ((the employer)) you for rigging and materials handling ((