WSR 18-03-162

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 23, 2018, 10:40 a.m.]

Subject of Possible Rule Making: Chapter 296-52 WAC, Safety standards for possession, handling, and use of explosives.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, chapter 70.74 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Many sections within chapter 296-52 WAC, Safety standards for possession, handling, and use of explosives, have not been updated in ten to thirty years and there is widespread agreement among stakeholders and agency staff that some changes are necessary in order to reflect technological advancements and to better complement related federal regulations in the interest of both worker and public safety. Additionally, updating requirements for storage of smokeless powder to reflect current industry best practices and align with federal regulations is expected to significantly reduce the number of variances requested, which place an administrative burden on both businesses and division of occupational safety and health (DOSH). Accordingly, DOSH has formed an explosives safety stakeholder group comprised of representatives of law enforcement, other governmental agencies, industry, and private/recreational users who plan to meet regularly beginning in January 2018 to discuss potential rule changes in advance of drafting a revised rule proposal. While the scope of the rule making will include the entire WAC chapter and updating other references to chapter 296-52 WAC as needed, likely focus areas will include changes to definitions, licensing, storage, background check requirements, public disclosure, transportation, and restructuring of the rule in order to create separate sections for law enforcement and avalanche control work.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Bureau of Alcohol, Tobacco, and Firearms.

Process for Developing New Rule: Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kevin Walder, Administrative Regulations Analyst, Department of Labor and Industries, DOSH, P.O. Box 44620, Olympia, WA 98504-4620, phone 360-902-6681, fax 360-902-5619, email kevin.walder@lni.wa.gov, web site www.lni.wa.gov.

January 23, 2018

Joel Sacks

Director