(1) ((You))The employer must instruct all employees in safe working practices at the beginning of employment. ((Your))Instruction must be tailored to the types of hazards to which employees are exposed.

(2) ((You))The employer must develop a written accident prevention program tailored to the needs of ((your))the employer's agricultural operation and to the types of hazards involved.

(3) ((Your))The employer's accident prevention program must contain at least the following elements:

(a) How, when, and where to report injuries and illnesses, and the location of first-aid facilities.

(b) How to report unsafe conditions and practices.

(c) The use and care of personal protective equipment.

(d) What to do in emergencies. See WAC 296-307-35015 for emergency action plan requirements.

(e) Identification of hazardous chemicals or materials and the instruction for their safe use.

(f) An on-the-job review of the practices necessary to perform job assignments in a safe and healthful manner.

(4) At least once a month, ((you))the employer must conduct a walk-around safety inspection of active job sites, the materials and equipment involved, and operating procedures. A representative chosen by employees must be invited and allowed to accompany ((you))the employer.

(1) Foreman-crew safety meetings:

(a) Must be held at least monthly; or

(b) Whenever there are significant changes in job assignments.

(c) These meetings must be tailored to the particular operation or activity occurring at the time.

(2) The meeting minutes must document subjects discussed and attendance.

(3) Short-term operations that last less than one month, such as harvesting, do not require foreman-crew safety meetings but only require initial safety orientation for the operations.

(4) ((You))The employer must maintain copies of the minutes of each foreman-crew safety meeting at the location where the majority of employees report to work each day.

(5) ((You))The employer must retain minutes of foreman-crew safety meetings for one year and be able to show us copies if we ask to see them.

(1) ((You))The employer must provide a bulletin board or posting area large enough to display the required safety and health poster, "Job Safety and Health Protection" (F416-081-000), and other safety education material.

(2) The bulletin board must be readily visible in a place where employees gather during some part of the work day. (For example, at the entrance to a field, a parking area, or in a farm building.)

(3) If for any reason any employee is unable to read the notices posted on the bulletin board, ((you))the employer must ensure that the message of the required poster explaining employee rights is communicated to the employee in terms he or she understands. This same requirement applies to variance applications, denials or grants, and to any other notice affecting the employee's rights under WISHA.

(4) Posting must be in the employees' language.

((Your))Employer's responsibility: Make sure first-aid trained personnel are available to provide quick and effective first aid.

((You must:

WAC 296-307-03920.))

((You))The employer can get copies of these rules by calling 1-800-4BE SAFE (1-800-423-7233), or by going to http://www.lni.wa.gov.

((You must:))

The employer must comply with the first-aid training requirements of 29 C.F.R. 1910.151(b) which states:

"In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first-aid supplies shall be readily available."

((You must:

•))(1) The employer must make sure first-aid supplies are readily available. (See first-aid kit table.)

((•))(2) The employer must make sure first-aid supplies ((at your))in workplace are appropriate to:

((- Your))(a) The employer's occupational setting.

((–))(b) The response time of ((your))the employer's emergency medical services.

((You must:

•))(3) The employer must make sure that first-aid supplies are:

((-))(a) Easily accessible to all ((your)) employees.

((-))(b) Stored in containers that protect them from damage, deterioration, or contamination. Containers must be clearly marked, not locked, and may be sealed.

((-))(c) Able to be moved to the location of an injured or acutely ill worker.

((You must:

•))(1) The employer must provide an emergency shower:

((–))(a) When there is potential for major portions of an employee's body to contact corrosives, strong irritants, or toxic chemicals.

((–))(b) That delivers water to cascade over the user's entire body at a minimum rate of 20 gallons (75 liters) per minute for fifteen minutes or more.

((•))(2) The employer must provide an emergency eyewash:

((–))(a) When there is potential for an employee's eyes to be exposed to corrosives, strong irritants, or toxic chemicals.

((–))(b) That irrigates and flushes both eyes simultaneously while the user holds their eyes open.

((–))(c) With an on-off valve that activates in one second or less and remains on without user assistance until intentionally turned off.

((–))(d) That delivers at least 0.4 gallons (1.5 liters) of water per minute for fifteen minutes or more.

((You must:

•))(3) The employer must make sure emergency washing facilities:

((–))(a) Are located so that it takes no more than ten seconds to reach;

((–))(b) Are kept free of obstacles blocking their use;

((–))(c) Function correctly; and

((–))(d) Provide the quality and quantity of water that is satisfactory for emergency washing purposes.

((You must:

•))(1) The employer must make sure all plumbed emergency washing facilities are inspected once a year to make sure they function correctly.

((You must:

•))(2) The employer must make sure plumbed emergency eyewashes and hand-held drench hoses are activated weekly to check the proper functioning of the valves, hardware, and availability of water.

((•))(3) The employer must make sure all self-contained eyewash equipment and personal eyewash units are inspected and maintained according to manufacturer instructions.

((–))(a) Inspections to check proper operation must be done once a year.

((–))(b) Sealed personal eyewashes must be replaced after the manufacturer's expiration date.

((You must:

•))(1) The employer must make sure hand-held drench hoses deliver at least 3.0 gallons (11.4 liters) of water per minute for fifteen minutes or more.

((You must:

•))(2) The employer must make sure personal eyewash equipment delivers only clean water or other medically approved eye flushing solutions.

Corrosive(as used in first aid, WAC 296-307-039((, is))). A substance that causes destruction of living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.

Emergency washing facilities. Emergency washing facilities are emergency showers, eyewashes, eye/face washes, hand-held drench hoses, or other similar units.

Hand-held drench hoses. Hand-held drench hoses are single-headed emergency washing devices connected to a flexible hose that can be used to irrigate and flush the face or other body parts.

Personal eyewash units. Personal eyewash units are portable, supplementary units that support plumbed units or self-contained units, or both, by delivering immediate flushing for less than fifteen minutes.

Strong irritant(as used in first aid, WAC 296-307-039((, is))). A chemical that is not corrosive, but causes a strong, temporary inflammatory effect on living tissue by chemical action at the site of contact.

Toxic chemical(as used in first aid, WAC 296-307-039((, is))). A chemical that produces serious injury or illness when absorbed through any body surface.

(1) ((You))The employer must furnish to each employee a place of employment free from recognized controllable hazards likely to cause serious injury or death.

(2) ((You))The employer must furnish and require employees to use any safety devices and safeguards that are needed to control recognized hazards. All agricultural methods, operations, and processes must be designed to promote the safety and health of employees.

(3) ((You))The employer must not require an employee to engage in any duty or enter any place that is not safe.

(4) The following are prohibited:

(a) Removing, displacing, damaging, destroying or carrying off any safety device, safeguard, notice or warning intended for use in any place of employment.

(b) Interfering in any way with the use of any safety device, method or process adopted for the protection of any employee.

(5) Intoxicating beverages or narcotics in or around worksites.

Employees under the influence of alcohol or narcotics are prohibited from the worksite.

(1) Using hoes with handles less than four feet long or any hand tool used for weeding or thinning crops in a stooped position, is prohibited.

(2) ((You))The employer must ensure that hand tools are in good condition. Using defective hand tools is prohibited.

(3) ((You))The employer must ensure that hand tools are stored safely when not in use.

(1) Ladders must be checked for defects before use, and thoroughly inspected periodically. Ladders ((shall))must be inspected immediately in the following situations:

(a) If a ladder tips over, inspect for side rails dents or bends, or excessively dented rungs; check all rung-to-side-rail connections; check hardware connections; check rivets for shear.

(b) If a ladder is exposed to excessive heat, inspect visually for damage and test for deflection and strength characteristics. If ((you are))the employer is unsure about the ladder's condition, seek help from the manufacturer.

(2) Ladders must be maintained in good condition at all times. Joints between steps and side rails must be tight. All hardware and fittings must be securely attached, and the moveable parts must operate freely without binding or with too much play.

(3) Defective ladders must be withdrawn from service for repair or destruction and tagged as "Dangerous—Do not use."

(4) Ladders with broken or missing steps, rungs, or cleats, broken side rails, or other faulty equipment must not be used; improvised repairs must not be made.

(5) Ladders must be handled with care. Avoid unnecessary dropping, jarring, or misuse.

(6) Ladder storage must:

(a) Protect the ladder when not in use;

(b) Provide sufficient support to prevent excessive sagging;

(c) Provide ease of access or inspection; and

(d) Prevent danger of accidents when withdrawing a ladder for use.

(1) At the beginning of employment, ((you))the employer must provide employees with orientation and training on the proper use of ladders, including how to set a ladder and properly dismount with a full load.

(2) To prevent ladder upset, ((you))the employer must instruct employees to avoid overreaching while standing on the ladder.

(3) ((You))The employer must instruct employees that before climbing ladders; rungs, shoes, and boots must be clean of substances that would make them hazardous.

(4) Employees must not climb up or down ladders while carrying tools or materials that interfere with the free use of both hands.

(5) Ladders must not be placed on boxes, barrels, or other unstable bases to obtain additional height.

(6) Stepladders must not be used as single ladders.

(7) When working from a ladder over twenty-five feet from the ground or floor, the ladder must be secured at both top and bottom. When work on a ladder over twenty-five feet from the ground or floor requires the use of both hands, a safety belt must be worn and the safety lanyard secured to the ladder.

(8) Portable ladders must be placed so that the side rails have a secure footing. The top rest for portable rung and cleat ladders must be reasonably rigid and strong enough to support the applied load. The top of the ladder must be placed with the two rails supported, unless equipped with a single support attachment. Such an attachment should be substantial and large enough to support the ladder under load.

(9) Ladders carried on vehicles should be adequately supported to avoid sagging and securely fastened in position to minimize chafing and the effects of road shocks.

(1) Orchard ladders longer than sixteen feet are prohibited.

(2) Standing on the top two steps of the orchard ladder is prohibited.

(3) Employers must instruct employees to not stand on the top two steps (the top cap and the next step down) of orchard ladders.

(((3)))(4) Employers must instruct employees to not step off the ladder onto branches of trees except onto the main crotch.

(((4) Standing on the top two steps of the orchard ladder is prohibited.))

(1) Ladders made by fastening cleats across a single rail are prohibited.

(2) Wood ladders, when not in use, should be stored where they will not be exposed to the elements, but where there is good ventilation. They must be stored away from radiators, stoves, steam pipes, or other excessive heat or dampness.

(3) Wooden ladders should be kept coated with a suitable protective material. Painted ladders are acceptable if the ladders are carefully inspected prior to painting by competent and experienced inspectors acting for, and responsible to, the purchaser, and if the ladders are not for resale.

(4) A ladder must have feet that are appropriate for the surface on which it will be used.

For example: A ladder used on a slippery surface must have steel points or other nonslip material on its feet.

(5) Ladders must not be placed in front of doors opening toward the ladder unless the door is blocked open, locked, or guarded.

(6) Ladder safety devices may be used on tower, water tank and chimney ladders over twenty feet long in place of cage protection. No landing platform is required in these cases. All ladder safety devices such as lifebelts, friction brakes, and sliding attachments must meet the design requirements of the ladders that they serve.

(7) See chapter 296-307 WAC Part K for requirements related to working near overhead lines.

((A "))Job-made ladder((" is)). A ladder that ((you or your))the employer or employees build.

Job-made ladders must meet the following requirements:

(1) All cleats must be made of one-by-four-inch nominal lumber, or stronger.

(2) Cleats must be inset into the edges of side rails to a depth of one-half inch, or filler blocks must be used on the rails between the cleats.

(3) Each cleat must be fastened to each rail with three 8d common wire nails or other fasteners of equal strength.

(4) Cleats must be uniformly spaced approximately 12 inches from the top of one cleat to the top of the next.

(5) Side rails must be continuous, unless splices develop the full strength of a continuous rail of equal length.

(1) Employees must be prohibited from entering any bin, bunker, hopper, or similar area when loose materials (such as chips, sand, grain, gravel, sawdust, etc.) may collapse, unless the employee wears a safety belt with a lifeline attached and is attended by a helper.

(2) When employees are required to work in a trench or a pit 4 feet deep or more, the trench or the pit must be shored or sloped according to the following table:

(3) Each soil and rock deposit must be classified by a competent person as Stable Rock, Type A, B, or C according to the definitions in WAC 296-155-66401.

(("))Competent person((" means)). Someone who is able to identify working conditions that are hazardous to employees, and has authority to take prompt action to eliminate the hazards.

(4) Classification of the deposits must be based on the results of at least one visual and at least one manual analysis. The analyses must be conducted by a competent person using tests in recognized methods of soil classification and testing such as those adopted by the American Society for Testing Materials, or the U.S. Department of Agriculture textural classification system.

(1) ((You))The employer must ensure that all farm tractors and other slow-moving farm vehicles and equipment used on public roads have lamps, reflectors, and a slow-moving vehicle emblem. From one-half hour after sunset to one-half hour before sunrise, slow-moving vehicles must have lights and reflectors.

(2) The slow-moving vehicle emblem is a fluorescent yellow-orange triangle with a dark red reflective border. (See figure.) The emblem must be used on public roads only by vehicles designed to move slowly (25 M.P.H. or less).

(1) ((You))The employer must maintain all motor vehicles and their parts in good repair and safe condition.

(2) ((You))The employer must not use tires that are worn beyond the point of safety.

(3) Employees must report to ((you))the employer any motor vehicle or other farm equipment that is in unsafe operating condition. ((You))The employer must ensure that the vehicle or equipment is removed from service and repaired before use.

(4) Before an employee performs service or repair work under hydraulic or mechanical raised dump truck beds, blades, discs, or other equipment, the raised portion of the equipment must be manually pinned or blocked to prevent falling.

(1) Vehicles must be driven at safe operating speed.

(2) Truck drivers must operate equipment at a safe speed for roadway conditions.

(3) When an employee backing a truck has obstructed vision, the employee must be assisted by a signaler. The signaler must have a clear view of the rear of the truck and the operator of the truck.

(4) Truck drivers must sound their horn before starting to back, and intermittently while backing.

(5) Shut off motors before refueling. Take care to prevent fuel from spilling on hot parts.

Only qualified drivers may operate motor vehicles and must have a current motor vehicle operator's license.

(1) ((You))The employer must ensure that motor vehicles have brakes that will safely hold the maximum load on maximum grades.

(2) Trucks parked on an incline must have the steered wheels turned into the curb and must have at least one "driver" wheel chocked on each side, independent of the braking system.

(3) ((You))The employer must ensure that trailers have working air brakes, or another approved type. Air must be cut into the trailer brake system at the time that the trailer is coupled to the truck.

(4) The driver must test truck and trailer brakes before driving down a steep grade.

(1) ((You))The employer must ensure that employees load and unload motor vehicles safely.

(2) All loads transported on trucks or truck and trailer combinations must be properly secured and distributed. Loads must not exceed the safe operating load for the roadway condition and the capacity of the bridges, trestles, and other structures.

All motor vehicles must have standard lights, horn, flags, flares, and other safety equipment that conforms to the state of Washington motor vehicles laws.

((You))The employer must ensure that motor vehicles used regularly to transport employees meet the following requirements:

(1) The vehicles are well equipped, covered against the weather, and maintained in good mechanical condition at all times.

(2) A sufficient number of properly secured seats are provided in each vehicle to accommodate the number of employees transported. When emergency conditions make it necessary to transport more employees than the seating capacity can accommodate, all employees must ride within the vehicle. No employee may ride on fenders or running boards of the vehicle.

(3) No employees may ride in or on any vehicle with their legs hanging over the end or sides. All trucks without tail gates should have safety bars.

(4) The vehicles have storage strong enough to retain sharp tools that could present a hazard to employees being transported.

(5) All dump-trucks used to transport employees have an adequate safety chain or locking device to ensure that the body of the truck is not raised while employees are riding in it.

(6) Explosives or highly inflammable materials are not carried in or on the vehicle while it is used to transport employees.

(7) Exhaust systems are installed and maintained in proper condition, and are designed to eliminate the employee exposure to exhaust gases and fumes.

(8) Within the cab, crew trucks must carry only the number of passengers for which they are designed. In any seating arrangement, the driver must be able to maintain full freedom of motion. The driver's normal vision must be free from obstruction by passengers or the seating arrangement.

(9) All enclosed crew trucks have an emergency exit in addition to the regular entrance.

(10) Trucks used for hauling gravel may be used as crew trucks if they meet the following requirements:

(a) Steps in proper places;

(b) Wooden floors;

(c) Securely fastened seats;

(d) Truck is properly covered; and

(e) Compliance with all other general regulations covering crew trucks.

(11) Half-ton vehicles must haul no more than six persons including driver. Three-quarter-ton vehicles must haul no more than eight persons including driver.

(12) The vehicle is equipped with the first-aid supplies required by WAC 296-307-03920, two blankets, and a fire extinguisher.

(13) Heating units with open fires are not used in vehicles transporting crews.

(1) Battery changing installations must be located in areas designated for that purpose.

(2) Facilities must be provided for:

((•))(a) Flushing and neutralizing spilled electrolyte;

((•))(b) Fire protection;

((•))(c) Protecting charging apparatus from damage by trucks; and

((•))(d) Adequate ventilation of fumes from gassing batteries.

(3) Racks used to support batteries should be made of or covered with materials that will not create sparks.

(4) A conveyor, overhead hoist, or equivalent material handling equipment must be provided for handling batteries.

(5) Reinstalled batteries must be properly positioned and secured in the vehicle.

(6) A carboy tilter or siphon must be provided for handling electrolyte.

(7) When mixing water and acid for charging batteries, pour acid into water; do not pour water into acid.

(8) Vehicles must be properly positioned and the brake applied before attempting to change or charge batteries.

(9) When charging batteries, the vent caps should be kept in place to avoid electrolyte spray. ((You))The employer must ensure that vent caps function. The battery (or compartment) cover(s) must be open for cooling.

(10) Precautions ((shall))must be taken to prevent open flames, sparks, or electric arcs in battery charging areas.

(11) Tools and other metallic objects must be kept away from the tops of uncovered batteries.

(("))Farm field equipment((" means)). Tractors or implements, including self-propelled implements, used in agricultural operations.

(1) All power transmission components must be guarded according to WAC 296-307-280.

(2) The manufacturer's instruction manual, if published by the manufacturer and currently available, must be the source of information for the safe operation and maintenance of field equipment.

(3) ((You))The employer must ensure that all power takeoff shafts, including rear, mid-mounted or side-mounted shafts, are guarded by a master shield, as follows:

(a) The rear power takeoff has a master shield. The master shield is strong enough to prevent permanent deformation of the shield when a 250-pound operator mounts or dismounts the tractor using the shield as a step.

(b) Power takeoff driven equipment is guarded to prevent employee contact with rotating members of the power drive system. When the tractor master shield must be removed to use specific power takeoff driven equipment, the equipment must provide protection from the part of the tractor power takeoff shaft that protrudes from the tractor.

(c) Signs are placed at prominent locations on the tractor and on power takeoff driven equipment requiring that safety shields are kept in place.

(4) The following functional components must be shielded to a degree consistent with the intended function and operator's vision of the component((.

•)):

(a) Snapping or husking rolls;

((•))(b) Straw spreaders and choppers;

((•))(c) Cutterbars;

((•))(d) Flail rotors;

((•))(e) Rotary beaters;

((•))(f) Mixing augers;

((•))(g) Feed rolls;

((•))(h) Conveying augers;

((•))(i) Rotary tillers; and

((•))(j) Similar units that must be exposed for proper function.

(5) Where removing a guard or access door will expose an employee to any component that continues to rotate after the power is disengaged, ((you))the employer must provide, in the immediate area:

(a) A safety sign warning the employee to look and listen for evidence of rotation and to wait until all components have stopped before removing the guard or access door.

(b) A readily visible or audible warning of rotation on equipment manufactured after October 25, 1976.

(6) If the mounting steps or ladder and the handholds of the propelling vehicle are made inaccessible by installation of other equipment, other steps and handholds must be provided on the equipment.

(7) ((You))The employer must ensure that the operator's steps and platform have a slip-resistant covering to minimize the possibility of slipping.

(8) Powered machines not driven by an individual motor must have a clutch or other effective means of stopping.

(9) All friction clutches must have sufficient clearance and be kept adjusted to prevent drag or creeping when disengaged.

All agricultural tractors manufactured after October 25, 1976, must meet the requirements of WAC 296-307-080. An agricultural tractor manufactured on or before October 25, 1976, must meet the requirements of WAC 296-307-080 if:

(1) The tractor was built or sold with rollover protective structures (ROPS) as an optional accessory; or

(2) According to the manufacturer, the tractor was designed to accommodate the addition of ROPS.

(("))Agricultural tractor((" means)). A two-wheel-drive or four-wheel-drive vehicle, or a track vehicle of more than twenty net engine horsepower, designed to furnish the power to pull, carry, propel, or drive implements that are designed for agriculture. All human-powered implements are excluded.

(("))Low profile tractor((" means)). A wheel or track-equipped vehicle with the following characteristics:

((•))(a) The front wheel spacing is equal to the rear wheel spacing, as measured between the centerlines of the wheels;

((•))(b) The clearance from the bottom of the tractor chassis to the ground is eighteen inches or less;

((•))(c) The highest point of the hood is sixty inches or less((,)); and

((•))(d) The tractor is designed so that the operator straddles the transmission when seated.

((You))The employer must provide a rollover protective structure (ROPS) for each employee-operated tractor that is covered by WAC 296-307-080. ROPS used on wheel-type tractors must meet the test and performance requirements of OSHA 1928.51 C.F.R. Protective frames for wheel type agricultural tractors, and ROPS used on track-type tractors must meet the test and performance requirements of SAE Standard J334a (July 1970) and the portions of SAE Standard J167 (1971) pertaining to overhead protection requirements.

(1) Where ROPS are required by WAC 296-307-080, ((you))the employer must:

(a) Provide each tractor with a seatbelt;

(b) Require that each employee use the seatbelt while the tractor is moving; and

(c) Require that each employee tighten the seatbelt sufficiently to confine the employee to the ROPS protected area.

(2) Each seatbelt and seatbelt anchorage must meet the requirements of ANSI/SAE J800 April 1986, Motor Vehicle Seat Belt Assemblies.

(a) Where a suspended seat is used, the seatbelt must be fastened to the movable portion of the seat.

(b) The seatbelt webbing material must be at least as resistant to acids, alkalis, mildew, aging, moisture and sunlight as untreated polyester fiber.

ROPS are not required on agricultural tractors that are used as follows:

(1) Low profile tractors used in orchards, vineyards or hop yards where the vertical clearance requirements would substantially interfere with normal operations, and for work related to these uses.

(2) Low profile tractors while used inside a farm building or greenhouse in which the vertical clearance is insufficient to allow a ROPS equipped tractor to operate.

(3) Tractors while used with mounted equipment that is incompatible with ROPS (for example, cornpickers, cotton strippers, vegetable pickers, and fruit harvesters).

(4) Track-type agricultural tractors whose overall width (measured between the outside edges of the tracks) is at least three times the height of the rated center of gravity, and whose rated maximum speed in forward or reverse is not greater than seven miles per hour, when used only for tillage or harvesting operations, and which:

(a) Does not involve operating on slopes in excess of forty percent from horizontal; and

(b) Does not involve operating on piled crop products or residue (for example: Silage in stacks or pits); and

(c) Does not involve operating in close proximity to irrigation ditches, streams or other excavations more than two feet deep that contain slopes of more than forty percent from horizontal; and

(d) Does not involve construction-type operation, such as bulldozing, grading, or land clearing.

(1) ((You))The employer must ensure that every employee who operates an agricultural tractor is informed of the operating practices listed below and of any other practices dictated by the work environment. ((You))The employer must provide the information at the time of initial assignment and at least annually thereafter.

EXHIBIT A

EMPLOYEE OPERATING INSTRUCTIONS

(2) ((You))The employer must ensure that every employee who operates an agriculture tractor is trained specifically in the operation of the tractor to be used. The training must include an orientation of the operator to the topographical features of the land where the tractor will be operated. Training must emphasize safe operating practices to avoid rollover.

(3) The tractor training program must be described in the written accident prevention program required by WAC 296-307-030.

(1) ((You))The employer must ensure that batteries, fuel tanks, oil reservoirs, and coolant systems are constructed and located or sealed to ensure that no spillage comes in contact with the operator in the event of an upset.

(2) All sharp edges and corners at the operator's station must be designed to minimize operator injury in the event of an upset.

(3) When ROPS are removed, they must be remounted to meet the requirements of WAC 296-307-080.

(4) ((You))The employer must ensure that each ROPS has a label, permanently affixed to the structure, that states:

(a) Manufacturer's or fabricator's name and address;

(b) ROPS model number, if any;

(c) Tractor makes, models, or series numbers that the structure is designed to fit; and

(d) That the ROPS model was tested in accordance with the requirements of this section.

(1) This section applies to the following types of material handling equipment: Rubber-tired, self-propelled scrapers; rubber-tired front-end loaders; rubber-tired dozers; wheel-type agricultural and industrial tractors; crawler tractors; crawler-type loaders; and motor graders, with or without attachments, that are used in agricultural work. This section does not apply to side-boom pipelaying tractors.

(2) ((You))The employer must ensure that material handling equipment manufactured on or after October 25, 1976, is equipped with ROPS that meet the minimum performance standards of WAC 296-307-08009.

(3) ROPS and supporting attachments must meet the minimum performance standards of OSHA 1928.52 C.F.R., Protective Frames for Wheel Type Agricultural Tractors-Test Procedures and Performance Requirements, or must be designed, fabricated, and installed in a manner that will support, based on the ultimate strength of the metal, at least two times the weight of the prime mover applied at the point of impact.

(a) The ROPS must be designed to minimize the likelihood of a complete overturn and to minimize the possibility of the operator being crushed in a rollover.

(b) The design must provide a vertical clearance of at least fifty-two inches from the work deck to the ROPS at the entrance.

(4) When ROPS are removed, they must be remounted so as to meet the requirements of this section.

(5) Each ROPS must have a label, permanently affixed to the structure, that states:

(a) Manufacturer's or fabricator's name and address;

(b) ROPS model number, if any;

(c) Tractor makes, models, or series numbers that the structure is designed to fit; and

(d) That the ROPS model was tested in accordance with the requirements of this section.

This section applies to wheel-type agricultural tractors used in construction work and to wheel-type industrial tractors used in agriculture work.

(1) If grid or mesh is used for overhead protection, the largest permissible opening is 1.5 in. (38 mm.) in diameter. The overhead protection must not be installed in such a way as to become a hazard in the case of upset.

(2) All equipment used in site clearing operations must have rollover guards meeting the requirements of this chapter. ((You))The employer must ensure that rider-operated equipment is equipped with an overhead and rear canopy guard meeting the following requirements:

(a) The overhead covering is at least eighth-inch steel plate or quarter-inch woven wire mesh with openings no greater than one inch, or equivalent.

(b) The opening in the rear of the canopy structure is covered with not less than quarter-inch woven wire mesh with openings no greater than one inch.

(3) Overhead protection that meets the provisions of SAE Standard J334 (July 1970) for rubber-tired dozers and rubber-tired loaders also meets the requirements of this standard.

WAC 296-307-095 applies to any agricultural employer with one or more employees engaged in any hand-labor operations in the field.

(("))Accessible((" means)). A maximum of one-quarter mile or five minutes travel time from the worksite.

(("))Hand-labor operations((" means)). Agricultural operations performed by hand or with hand tools.

For example: The hand cultivation, weeding, planting or harvesting of vegetables, nuts, fruit, seedlings or other crops, including mushrooms, and hand packing into containers.

(("))Handwashing facility((" means)). A facility that meets the requirements of WAC 296-307-09515 and is approved by the local health authority.

(("))Potable water((" means)). Water that is suitable for drinking by the public and meets the requirements of chapter 246-290 or 246-291 WAC.

(("))Toilet((" means)). A fixed or portable facility designed for the purpose of adequate collection and containment of both defecation and urination. "Toilet" includes biological, chemical, flush, and combustion toilets, or sanitary outhouses.

((You))The employer must provide each employee with verbal orientation on field sanitation facilities. The orientation must be understandable to each employee and must include:

(1) The location of potable water supplies and the importance of drinking water frequently, especially on hot days;

(2) Identification of all nonpotable water at the worksite and prohibition of the use of nonpotable water for sanitation purposes with an explanation of the hazards associated with using nonpotable water;

(3) The location of handwashing facilities and the importance of handwashing:

(a) Before and after using the toilet; and

(b) Before eating and smoking; and

(4) The location of toilet facilities; an explanation that facilities are for employee convenience and health considerations; the necessity to keep them sanitary; and that using the fields, orchards, or forests is not an option.

((You))The employer must provide potable water for employees engaged in hand-labor operations in the field, without cost to the employee. Potable water must meet the following requirements:

(1) Potable water is in locations that are accessible to all employees.

(2) Potable water containers are refilled daily or more often as necessary.

(3) Potable water dispensers are designed, constructed, and serviced so that sanitary conditions are maintained. They are closeable and equipped with a tap.

(4) Open containers such as barrels, pails, or tanks for drinking water from which water must be dipped or poured, whether or not they are fitted with a cover, are prohibited.

(5) Any container used to distribute drinking water is clearly marked in English and with the appropriate international symbol describing its contents.

(6) Any container used to distribute drinking water is only used for that purpose.

(7) Potable water is suitably cool and provided in sufficient amounts, taking into account the air temperature, humidity, and the nature of the work performed, to meet employees' needs.

(8) The use of common drinking cups or dippers is prohibited. Water is dispensed in single-use drinking cups, personal containers, or by water fountains.

(("))Single-use drinking cups((" means)). Containers of any type or size, disposable or not, and including personal containers if the choice to use a personal container is made by the employee, not the employer.

(9) Employees must be prohibited from drinking from irrigation ditches, creeks or rivers. Potable water must meet the quality standards for drinking purposes of the state or local authority, or must meet quality standards of the United States Environmental Protection Agency's National Interim—Primary Drinking Water Regulations, published in 40 C.F.R. Part 141 and 40 C.F.R. 147.2400.

((You))The employer must provide handwashing facilities for employees engaged in hand-labor operations in the field, without cost to the employee. Handwashing facilities must meet the following requirements:

(1) One handwashing facility with a tap and an adequate supply of water, soap, single-use hand towels, and either a basin or other suitable container for washing is provided for each twenty employees or fraction of twenty.

(2) Each facility has running water.

(3) Each facility has a dispenser containing handsoap or a similar cleansing agent.

(4) Each facility has individual single-use hand towels.

(5) Facilities are maintained in a clean and sanitary condition according to appropriate public health sanitation practices.

(6) Waste receptacles are provided. Disposal of wastes from the facilities does not create a hazard nor cause an unsanitary condition.

(7) Employees are allowed reasonable time during the work period to use the facilities.

(8) Handwashing facilities are near toilet facilities and within one-quarter mile of each employee's worksite in the field.

((You))The employer must provide toilet facilities for employees engaged in hand-labor operations in the field, without cost to the employee. Toilet facilities must meet the following requirements:

(1) One toilet facility is provided for each twenty employees or fraction of twenty.

(2) ((You))The employer must ensure, at the beginning of each day, that the toilets are inspected. If any toilet facility fails to meet the requirements of this section, immediate corrective action is taken. Inspections are documented and the record maintained at the worksite for at least seventy-two hours.

(3) Toilet facilities are adequately ventilated; appropriately screened, and have self-closing doors that can be closed and latched from the inside. Toilet facilities are constructed to ensure privacy.

(4) Facilities are maintained in a clean, sanitary, and functional condition and according to appropriate public health sanitation practices.

(5) Toilets are supplied with toilet paper.

(6) Disposal of wastes from the facilities does not create a hazard or cause an unsanitary condition.

(7) Employees are allowed reasonable time during the work period to use the facilities.

(8) Facilities are near handwashing facilities and within one-quarter mile of each employee's worksite in the field.

(1) WAC 296-307-097 through 296-307-09760 applies to all employers with employees performing work in an outdoor environment.

(2) The requirements of WAC 296-307-097 through 296-307-09760 apply to outdoor work environments from May 1 through September 30, annually, only when employees are exposed to outdoor heat at or above an applicable temperature listed in Table 1.

To determine which temperature applies to each worksite, select the temperature associated with the general type of clothing or personal protective equipment (PPE) each employee is required to wear.

Outdoor Temperature Action Levels

(3) WAC 296-307-097 through 296-307-09760 does not apply to incidental exposure which exists when an employee is not required to perform a work activity outdoors for more than fifteen minutes in any sixty-minute period. This exception may be applied every hour during the work shift.

(4) WAC 296-307-097 through 296-307-09760 supplement all industry-specific standards with related requirements. Where the requirements under these sections provide more specific or greater protection than the industry-specific standards, the employer ((shall))must comply with the requirements under these sections. Additional related requirements are found in chapter 296-305 WAC, Safety standards for firefighters and chapter 296-307 WAC, Safety standards for agriculture.

(((1)))Acclimatization((means)). The body's temporary adaptation to work in heat that occurs as a person is exposed to it over time.

(((2)))Double-layer woven clothing((means)). Clothing worn in two layers allowing air to reach the skin. For example, coveralls worn on top of regular work clothes.

(((3)))Drinking water((means)). Potable water that is suitable to drink. Drinking water packaged as a consumer product and electrolyte-replenishing beverages (i.e., sports drinks) that do not contain caffeine are acceptable.

(((4)))Engineering controls((means)). The use of devices to reduce exposure and aid cooling (i.e., air conditioning).

(((5)))Environmental factors for heat-related illness((means)). Working conditions that increase susceptibility for heat-related illness such as air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload (i.e., heavy, medium, or low) and duration, and personal protective equipment worn by employees. Measurement of environmental factors is not required by WAC 296-307-097.

(((6)))Heat-related illness((means)). A medical condition resulting from the body's inability to cope with a particular heat load, and includes, but is not limited to, heat cramps, heat rash, heat exhaustion, fainting, and heat stroke.

(((7)))Outdoor environment((means)). An environment where work activities are conducted outside. Work environments such as inside vehicle cabs, sheds, and tents or other structures may be considered an outdoor environment if the environmental factors affecting temperature are not managed by engineering controls. Construction activity is considered to be work in an indoor environment when performed inside a structure after the outside walls and roof are erected.

(((8)))Vapor barrier clothing((means)). Clothing that significantly inhibits or completely prevents sweat produced by the body from evaporating into the outside air. Such clothing includes encapsulating suits, various forms of chemical resistant suits used for PPE, and other forms of nonbreathing clothing.

(1) ((You))The employer must ensure that employees are protected from injury or impairment of any bodily function that might occur through absorption, inhalation or physical contact of any substance, vapor, radiation, or physical hazard. Wherever appropriate, ((you))the employer must ensure that employees use protective clothing; respiratory devices; shields; barriers; and adequate protective equipment for eyes, face, head, and extremities.

(2) ((You))The employer must provide personal protective equipment at no cost to employees, including replacement due to normal wear and tear. The equipment must be maintained in sanitary and reliable condition.

(3) If employees provide their own protective equipment, then ((you))the employer must ensure that the equipment is adequate, properly maintained, and sanitary.

((You))The employer must require eye protection wherever employees are exposed to flying objects, welding or cutting glare, injurious liquids, or injurious radiation. Eye protectors must meet the criteria of the American National Standard for Occupational and Educational Eye and Face Protection.

(1) ((You))The employer must ensure that employees use personal protective equipment according to the manufacturer's instructions.

(2) ((You))The employer must ensure that, before each use, employees inspect all personal protective equipment for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.

(3) The employee must use personal protective equipment according to instructions and training received.

(4) The employee shall notify ((you))the employer of any defects in personal protective equipment or when the equipment becomes contaminated.

((You))The employer must take appropriate measures to prevent heat-related illness that may be caused by employees wearing any required personal protective equipment.

((You))The employer must instruct each employee in the proper use of personal protective equipment. The instruction must include any special limitations or precautions indicated by the manufacturer.

(1) If ((you apply))the employer applies pesticides, or ((have))has pesticides applied ((for you)), related to the production of an agricultural crop, ((you))the employer must keep records for each application. The records must include the following:

(a) The address or exact location where the pesticide was applied or stored;

(b) The year, month, day, and time the pesticide was applied or stored;

(c) The product name on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide that was applied or stored;

(d) The crop or site to which the pesticide was applied (application crop or site);

(e) The amount of pesticide applied per acre, or other appropriate measure;

(f) The concentration of pesticide applied;

(g) The total area to which pesticide was applied;

(h) If applicable, the licensed applicator's name, address, and telephone number and the name of the individual(s) making the application;

(i) The direction and estimated velocity of the wind at the time the pesticide was applied;

(j) Any other reasonable information required by the department.

(2) A commercial pesticide applicator must provide a copy of the pesticide application records to the owner or lessee of the lands to which the pesticide is applied. Pesticide application records may be provided on any form that includes all required information.

(3) ((You))The employer must update records on the same day that a pesticide is applied. ((You))The employer may use a copy as the record of the pesticide application. ((You))The employer must maintain the records for at least seven years after the date of the application.

(4) ((You))The employer must ensure that pesticide application records are readily accessible to employees and their designated representatives in a central location in the workplace. The records must be available beginning on the day the application is made and for at least thirty days after. ((You))The employer may view the pesticide application records and make ((your))their own record from that information.

(5) New or newly assigned employees must be made aware of the accessibility of the application records before working with pesticides or in an area containing pesticides.

(6) When storing pesticides, ((you))the employer must, at least once a year, perform an inventory of the pesticides stored in any work area.

(7) The pesticide inventory records must include the following information:

(a) The location where the pesticide is stored;

(b) The year, month, day, and time the pesticide was first stored;

(c) The product name used on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide that is stored; and

(d) The amount of pesticide in storage at the time of the inventory.

(8) ((You))The employer must maintain a record of pesticide purchases made between the annual inventory dates.

(a) Instead of this purchase record, ((you))the employer may obtain from distributors from whom ((you buy)) pesticides are purchased, a statement obligating the distributor to maintain the purchase records on ((your))the employer's behalf to meet the requirements of this section.

(b) ((We))The department may require ((you))the employer to submit all purchase records covering the purchases during a specified period of time or in a specified geographical area.

(9) When ((you))the employer ends all pesticide activities, ((you))the employer must file the records with us. Anyone who succeeds or replaces ((you))the employer must retain the records required by this section, but that person is not liable for any violations ((you))the employer commits.

(10) ((You))The employer must ensure that the records required under this section are readily accessible to ((us))the department of labor and industries for inspection. ((You))The employer must also provide copies of the records on request, to:

(a) An employee or the employee's designated representative in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries;

(b) Treating health care personnel; or

(c) The pesticide incident reporting and tracking review panel.

(11) The designated representative or treating health care personnel are not required to identify the employee represented or treated.

(12) ((We))The department of labor and industries will keep the name of any affected employee confidential according to RCW 49.17.080(1).

(13) When treating health care personnel request records under this section, and the record is required to determine treatment, ((you))the employer must provide copies of the record immediately. Information for treating health care personnel must be made immediately available by telephone, if requested, with a copy of the records provided within twenty-four hours. For all other requests, ((you))the employer must provide copies of the records within seventy-two hours.

(14) If requested, ((you))the employer must provide copies of records on a form provided by the department.

(15) If ((you))the employer suspects that an employee is ill or injured because of an exposure to one or more pesticides, ((you))the employer must immediately provide the employee with a copy of the relevant pesticide application records.

(16) If ((you))the employer refuses to provide a copy of a requested record, the ((requester))requestor may notify the department of the request and ((your))the employer's refusal.

(a) Within seven working days, ((we))the department of labor and industries will request that ((you))the employer provide ((us))the department with all pertinent copies of the records, except that in a medical emergency ((we))the department will request within two working days.

(b) ((You))The employer must provide copies of the records to ((us))the department within twenty-four hours after we request.

(17) ((We))The department of labor and industries will inspect for the records required under this section as part of any on-site inspection of a workplace conducted under this chapter or chapter 49.17 RCW. ((We))The department will determine, during the inspection, whether the records are readily transferable to a form adopted by the department, and readily accessible to employees. However, ((your))the employer's records will not be inspected more than once in any calendar year, unless a previous inspection has found recordkeeping violations. If recordkeeping violations are found, ((we))the department may conduct reasonable multiple inspections, according to department rules. Nothing in this section limits ((our))the department's inspection of records pertaining to pesticide-related injuries, illnesses, fatalities, accidents, or complaints.

(18) If ((you))the employer fails to maintain the records, or provide access to or copies of the records required under this section, ((you))the department will be subject to penalties authorized under RCW 49.17.180.

(19) The department of labor and industries and the department of agriculture will jointly adopt by rule, forms that satisfy the information requirements of this section and RCW 17.21.100. Pesticide application record forms can be found in chapter 16-228 WAC, General pesticide rules.

To implement a monitoring program for ((your)) employees who, as part of their job duties, handle category I or II organophosphate or N-methyl-carbamate pesticides with the words "DANGER" or "WARNING" on the label.

((The terms))Handle and handler((refer to)). Employees who are engaged in the job duties listed in the definition of "handler" contained in WAC 296-307-11005, Pesticides (worker protection standard).

Whenever there is reason to believe that an employee has been poisoned or injured by exposure to pesticides while on the job, ((you need))the employer needs to provide the medical services required by WAC 296-307-13055.

((You must:

WAC 296-307-14845.))

((You must:

•))(1) The employer must maintain accurate records of all time that each employee spends handling category I or II organophosphate or N-methyl-carbamate pesticides (this includes employees who do not meet the handling hour thresholds in WAC 296-307-14810).

((•))(2) The employer must provide a completed CHOLINESTERASE MONITORING HANDLING HOURS REPORT (F413-065-000) to the physician or other licensed health care professional (LHCP) for each employee receiving a periodic cholinesterase blood test and make sure the report is submitted to the laboratory with each periodic cholinesterase test.

((•))(3) The employer must provide the employee with a copy of the CHOLINESTERASE MONITORING HANDLING HOURS REPORT upon request.

((•))(4) The employer must retain pesticide handling records for seven years.

((•))(5) The employer must make sure that pesticide-handling records are readily accessible to employees, their designated representatives, and treating health care professionals.

((You must:

•))The employer must implement a medical monitoring program for ((your))their employees who handle or will be expected to handle category I or II organophosphate or N-methyl-carbamate pesticides for thirty or more hours in any consecutive thirty-day period.

((You must:

•))(1) The employer must identify a physician or other licensed health care professional (LHCP) who will:

((–))(a) Provide baseline and periodic cholinesterase testing through the department of health public health laboratory or a laboratory approved by the department of labor and industries.

((–))(b) Interpret cholinesterase tests.

((–))(c) Provide ((you))the employer with a written recommendation for each employee's blood test and evaluation.

((•))(2) The employer must obtain the LHCP's written recommendation for each employee's blood test and evaluation (including baseline tests) and make sure that the employee receives a copy of the LHCP's written recommendation, either through ((you))the employer or directly through the LHCP, within five business days after ((you))the employer receives the recommendation.

((•))(3) The employer must make sure the LHCP's written recommendation for each employee's blood test and evaluation is limited to the following information:

((–))(a) The employee's cholinesterase status based on the LHCP's evaluation.

((–))(b) Identification of changes in cholinesterase levels requiring a work practice evaluation for the employee.

((–))(c) Identification of changes in cholinesterase levels requiring the employee to be removed from handling and other exposure to organophosphate and N-methyl-carbamate pesticides.

((–))(d) Guidance on medical monitoring.

((–))(e) Any other relevant information concerning an employee's workplace exposure to organophosphate and N-methyl-carbamate pesticides.

((You must:

•))(4) The employer must instruct the LHCP to NOT reveal in writing or in any other communication with ((you))the employer any other personally identifiable medical information.

((You must:

•))(5) The employer must make sure the LHCP is familiar with the requirements of this rule (for example, by providing a copy of the rule or by confirming that the provider has attended training on the rule).

((•))(6) The employer must post the name, address, and telephone number of the LHCP ((you have))the employer has identified at the locations where employees usually start their work day.

((•))(7) The employer must make sure written recommendations from the LHCP are maintained for seven years.

((You must:

•))(1) The employer must make medical monitoring available to employees who will meet the handling hour threshold of thirty or more hours in any consecutive thirty-day period (WAC 296-307-14810) at no cost and at a reasonable time and place, as follows:

((–))(a) Provide annual baseline red blood cell (RBC) and serum cholinesterase tests that are taken at least thirty days after the employee last handled organophosphate or N-methyl-carbamate pesticides.

((–))(b) Provide periodic RBC and serum cholinesterase testing:

((■))(i) Within three days after the end of each thirty-day period where the employee meets the handling hour threshold in WAC 296-307-14810; however, testing is not required more often than every thirty days;

((■))(ii) At least every thirty days for those employees who may meet the handling hour threshold in WAC 296-307-14810.

((–))(c) Follow the recommendations of the LHCP regarding continued employee pesticide handling or removal from handling until a thirty-day exposure free baseline can be established.

((You must:

•))(2) The employer must obtain a signed declination statement from the LHCP for each employee who declines cholinesterase testing.

((–))(a) Employees may decline cholinesterase testing only after they receive training about cholinesterase inhibiting pesticides and discuss the risks and benefits of participation with the LHCP.

((–))(b) An employee may change his or her mind and elect to participate or decline to continue participation in the testing program at any time.

((•))(3) The employer must make sure the employee receives a copy of the signed declination statement, either through ((you))the employer or directly through the LHCP, within five business days after ((you))the employer receives the declination statement.

((You must:

•))The employer must respond to an employee's depressed cholinesterase levels by:

((–))(1) Taking the actions required in Table 1;

((–))(2) Following any additional occupational health recommendations from the LHCP.

((You must:

•))(1) The employer must provide medical removal protection benefits for a maximum of three months on each occasion:

((–))(a) An employee is temporarily removed from work due to depressed cholinesterase levels;

((–))(b) Assigned to other duties due to depressed cholinesterase levels.

((•))(2) The employer must provide medical removal protection benefits that include maintenance of the same pay, seniority and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to organophosphate or N-methyl-carbamate pesticides or otherwise limited.

((You must:

•))(1) The employer must make sure that the following records are maintained:

((–))(a) The name, address, and telephone number of the physician or LHCP.

((–))(b) Written recommendations and opinions received from the physician or LHCP.

((–))(c) Findings of all work practice investigations.

((–))(d) Dates when employees were medically removed from their duties and dates when employees are returned to duties that include handling organophosphate or N-methyl-carbamate pesticides.

((–))(e) Signed declination statements.

((•))(2) The employer must maintain records for seven years.

((•))(3) The employer must make sure that all records are readily accessible to the employee and his or her designated representative.

((You must:

•))The employer must make sure employees have received training before initial medical monitoring. The training must include at least the following:

((–))(1) The human health hazards and physical symptoms of overexposure to organophosphate and N-methyl-carbamate cholinesterase-inhibiting pesticides.

((–))(2) The purpose and requirements for medical monitoring.

The department will implement and complete an evaluation of this rule by doing the following:

((•))(1) Organize a scientific team to oversee collection and analysis of data collected during 2004 and 2005. L&I will select representatives of the University of Washington, Washington State University, as well as other interested members of the academic and scientific communities, to participate on the team. The team will provide an initial analysis of testing data and any appropriate recommendations directly to L&I and to the cholinesterase monitoring advisory committee by November 1, 2004, and a further analysis and any appropriate recommendations by November 1, 2005. A final report and recommendations will be completed by September 30, 2006.

((•))(2) Establish a cholinesterase stakeholder advisory committee to evaluate issues related to rule implementation and provide recommendations to the department regarding implementation of the rule and any possible modifications to it. L&I will invite representatives of growers, labor and other affected state agencies to participate on the advisory committee. The committee will have an opportunity to comment on the analysis completed by the scientific team and to make any appropriate recommendations before December 1, 2004, and again before December 1, 2005. In addition, the committee will review the scientific committee's final report and recommendations and provide advice to L&I prior to December 1, 2006.

((•))(3) Review reports from the scientific team and stakeholder advisory committee, and other relevant information and make modifications to the rule as appropriate.

((•))(4) Make efforts to defray the costs of medical testing during 2004.

((•))(5) Prepare and distribute provider guidelines.

((•))(6) Develop and make available a model employee training program.

((•))(7) Publish a list of trained providers and certified laboratories on the internet.

((•))(8) Coordinate recordkeeping requirements with the department of agriculture.

WAC 296-307-150 does not apply to the construction, reconstruction, operation, or maintenance of overhead electrical conductors (and their supporting structures and associated equipment) by authorized and qualified electrical employees. It also does not apply to authorized and qualified employees engaged in the construction, reconstruction, operations and maintenance of overhead electrical circuits or conductors (and their supporting structures and associated equipment) of rail transportation systems, or electrical generating, transmission, distribution, and communication systems.

(1) All exposed overhead conductors must be isolated from accidental contact by employees or equipment.

(2) Irrigation pipe must not be stored within one hundred feet of overhead conductors.

(3) Upending irrigation pipe within one hundred feet of overhead conductors is prohibited.

(4) Water and irrigation systems, and other devices that discharge a conductive liquid, must be set up and operated so that the discharge from the system is directed more than ten feet away from overhead high-voltage lines, and avoids contact with any exposed electrical power conductor.

(5) Employees are prohibited from entering or working in proximity to high-voltage lines, unless there are guards to prevent accidental contact.

(6) The following are prohibited if it is possible to bring these objects within ten feet of high-voltage lines:

(a) Operating, erecting, or transporting tools, equipment, or a moving part;

(b) Handling, transporting, or storing materials; or

(c) Moving a building near high-voltage lines.

(7) Equipment or machines must be operated near power lines according to the following:

(a) For lines rated 50 kv. or below, minimum clearance between the lines and any part of the object must be ten feet;

(b) For lines rated over 50 kv. minimum clearance between the lines and any part of the object must be ten feet plus four tenths of an inch for each 1 kv., over 50 kv., or twice the length of the line insulator but never less than ten feet;

(c) In transit, the clearance must be a minimum of four feet for voltages less than 50 kv., ten feet for voltages over 50 kv. up to and including 345 kv., and sixteen feet for voltages up to and including 750 kv.;

(d) ((You))The employer must designate someone to observe clearance and give warning for operations where it is difficult for the operator to see well enough to maintain the necessary clearance.

((You))The employer must post and maintain in plain view of the operator on each derrick, power-shovel, drilling-rig, hay loader, hay stacker, or similar apparatus with parts that are capable of vertical, lateral or swinging motion, a durable warning sign legible at twelve feet that says, "unlawful to operate this equipment within ten feet of high-voltage lines."

The employer must notify the operator of high-voltage lines when any operations are to be performed, tools or materials handled, or equipment is to be moved or operated within ten feet of any high-voltage line. All required safety measures must be completed before proceeding with any work that would reduce the clearance requirements of this section.

Part L

Temporary Worker Housing (TWH)

(1) Purpose. This part is adopted by the Washington state department of labor and industries to implement the provisions of chapter 49.17 RCW and establish minimum health and safety requirements for temporary worker housing and cherry harvest camps.

(2) Applicability. This part applies to:

(a) Temporary worker housing, including cherry harvest camps, provided by agricultural employers or operators in the state of Washington; and

(b) Operators of temporary worker housing ((shall))must be licensed under this chapter if the housing meets the criteria identified in WAC 296-307-161.

For licensing requirements, see WAC 246-358-025, Licensure. For self-survey requirements, see WAC 246-358-027, Requirements for self-survey program. For enforcement requirements, see WAC 246-358-028, Enforcement.

The following definitions apply throughout this chapter unless the context clearly indicates otherwise:

Agricultural employee. Any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.

Agricultural employer. Any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes, but is not limited to, the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.

Bathing facility. An enclosed area provided by the operator for workers to bathe or shower, and may be located within a family shelter or a common facility.

Building. Any structure used or intended by the operator to be used by workers for cooking, eating, sleeping, sanitation, or other facilities.

Cherry harvest camp. A place where housing and related facilities are provided to agricultural employees by agricultural employers or TWH operators for their use while employed for the harvest of cherries in the state of Washington. Cherry harvest camps are the only TWH site allowing tents.

Common. A shared facility provided by the operator for all workers of the TWH.

Common areas. Housing areas shared or used by one or more families or unrelated individuals.

Current certificate (first aid). A first-aid training certificate that has not expired.

Dining hall. A cafeteria-type eating place with food furnished by and prepared under the direction of the operator for consumption, with or without charge, by workers.

Drinking fountain. A fixture equal to a nationally recognized standard or a designed-to-drain faucet, which provides potable drinking water under pressure. A "drinking fountain" does not mean a bubble-type water dispenser.

Dwelling unit. A shelter, building, or portion of a building, which may include cooking and eating facilities, that are:

(a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and

(b) Physically separated from other sleeping and common areas. "Physically separated" means a physical wall separating rooms.

Family shelter. A dwelling unit with sleeping facilities for up to fifteen workers that may include toilet or cooking facilities. If services such as bathing, food-handling, or toilet facilities are provided in the family shelter, they are for the sole use of the occupants of the family shelter.

First-aid trained. The person holds a current certificate of first-aid training.

Floor space. The area within a dwelling unit with a minimum ceiling height of seven feet.

Food-handling facility. An enclosed area provided by the operator for workers to prepare their own food, and may be within a family shelter or common facility.

Group A public water system. A public water system as defined and referenced under WAC 246-290-020.

Group B public water system. A public water system that is not a Group A public water system, and is defined and referenced under WAC 246-291-050.

Habitable room. A room or space in a structure used for living, sleeping, eating, or cooking. Bathing facilities, toilet facilities, closets, halls, storage or utility space, and similar areas are not considered habitable rooms.

Health officer. The individual appointed as such for a local health department under chapter 70.05 RCW or appointed as the director of public health of a combined city-county health department under chapter 70.08 RCW.

Livestock. Horses, cows, pigs, sheep, goats, poultry, etc.

Livestock operation. Any place, establishment, or facility consisting of pens or other enclosures in which livestock is kept for purposes including, but not limited to, feeding, milking, slaughter, watering, weighing, sorting, receiving, and shipping. Livestock operations include, among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards. Operations where livestock can roam on a pasture over a distance may be treated as outside the definition.

MSPA. The Migrant and Seasonal Agricultural Worker Protection Act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.).

Occupant. A temporary employee or a person who resides with a temporary worker at the TWH or camp.

Operating license or license. A document issued annually by the department of health.

Operator. A person holding legal title to the land on which the TWH or camp is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the TWH.

Recreational park trailers. A trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that meets the following criteria:

(a) Built on a single chassis, mounted on wheels;

(b) Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode;

(c) Certified by the manufacturer as complying with ANSI A119.5; and

(d) Chapter 296-150P WAC.

Recreational vehicle. A vehicular-type unit that is compliant with chapter 296-150R WAC and primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive of power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers, but does not include pickup trucks with camper shells, canopies, or other similar coverings.

Refuse. Solid wastes, rubbish, or garbage.

Temporary worker or worker. An agricultural employee employed intermittently and not residing year-round at the same TWH site.

TWH, temporary worker housing or housing. A place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees for temporary, seasonal occupancy. TWH includes cherry harvest camps.

Tent. An enclosure or shelter constructed of fabric or pliable material composed of rigid framework to support tensioned membrane that provides the weather barrier.

WISHA. The Washington Industrial Safety and Health Act, chapter 49.17 RCW, administered by the Washington state department of labor and industries.

Worker-supplied housing. Housing owned by the worker and made available to the same worker on the operator's TWH site. Worker-supplied housing includes recreational park trailers, recreational vehicles, tents, or other structures that meet the requirements of this chapter.

(1) The department of health or the department of labor and industries may provide technical assistance to assist in compliance with this chapter if requested by an operator.

(2) The department of labor and industries will only provide technical assistance to cherry harvest camps if requested by an operator.

(3) During a consultative technical assistance visit, or within a reasonable time thereafter, the department ((shall))must inform the owner or operator of the TWH on any violations of law or agency rules as follows:

(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable law or rule;

(b) A statement of what is required to achieve compliance;

(c) The date by which the agency requires compliance to be achieved;

(d) Notice of the means to contact any technical assistance services provided by the agency or others; and

(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the agency.

(1) Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute means must provide equal protection in accordance with the requirements of chapter 49.17 RCW and chapter 296-900 WAC, Administrative rules.

(2) A temporary variance may be requested under chapter 296-900 WAC, Administrative rules, when an operator cannot comply with new requirements by the effective date(s) of this chapter because:

(a) The construction or alteration to a building cannot be completed in time;

(b) Materials or equipment are not available; or

(c) Professional or technical assistance is not available.

(3) Applications for variances will be reviewed and may be investigated by the department of labor and industries and the department of health. Variances granted will be limited to the specific case or cases covered in the application and may be revoked for cause. The variance must remain prominently posted on the premises while in effect.

(4) Variance application forms may be obtained from the Department of Labor and Industries, P.O. Box 44650, Olympia, Washington 98504-4650 or the Department of Health, P.O. Box 47852, Olympia, Washington 98504-7852, upon request. Requests for variances from safety and health standards ((shall))must be made in writing to the director or the assistant director, Department of Labor and Industries, P.O. Box 44650, Olympia, Washington 98504-4650. (Reference RCW 49.17.080 and 49.17.090.)

((The operator must:))

(1) The operator must locate and operate a TWH site to prevent a health or safety hazard that is:

(a) Adequately drained and any drainage from and through the TWH must not endanger any domestic or public water supply;

(b) Free from periodic flooding and depressions in which water may become a nuisance;

(c) At least two hundred feet from a swamp, pool, sink hole, or other surface collection of water unless there is a mosquito prevention program for those areas;

(d) Large enough to prevent overcrowding of necessary structures. The principal housing area for sleeping and for food preparation and eating must be at least five hundred feet from where livestock are kept; and

(e) The grounds and open areas surrounding the shelters must be in a clean and sanitary condition.

(2) The operator must ensure the principal TWH area for sleeping and for food preparation and eating are at least five hundred feet from where livestock are kept or congregate.

(3) The operator must ensure the TWH grounds and open areas surrounding the buildings are kept in a clean and sanitary condition free from refuse.

(4) The operator must ensure all worker-supplied housing is maintained in good working condition.

(5) The operator must restrict the number of occupants in the TWH to the capacity as determined by the department of health.

(6) When closing housing permanently or for the season:

(a) The operator must dispose of all refuse to prevent nuisance; and

(b) The operator must leave the grounds and buildings in a clean and sanitary condition.

((The operator must:))

(1) The operator must provide a safe and reliable supply of drinking water from an approved Group A or Group B public water system meeting the requirements of:

(a) WAC 246-358-025 (2)(d), chapters 246-290 and 246-291 WAC; or

(b) Local board of health rules.

(2) The operator must ensure that the distribution lines are able to maintain the working pressure of the water piping system at not less than twenty pounds per square inch after allowing for friction and other pressure losses.

(3) When water is not piped to each dwelling unit, the operator must provide cold, potable, running water under pressure within one hundred feet of each dwelling unit.

(4) When water sources are not available in each individual dwelling unit or tent, the operator must provide one or more drinking fountains for each one hundred occupants or fraction thereof. The use of common drinking cups or containers from which water is dipped or poured is prohibited.

(5) The operator must provide an adequate supply of hot and cold running water under pressure in bathing, food-handling, and laundry facilities.

(6) The operator must provide an automatically controlled hot water supply of one hundred to one hundred twenty degrees Fahrenheit in bathing, food-handling, and laundry facilities.

(7) When water within one hundred feet of a dwelling unit is unsafe for drinking purposes and accessible to workers, the operator must post a sign by each nonpotable water source that:

(a) Reads "Do not drink. Do not use for washing. Do not use for preparing food.";

(b) Is printed in English and in the native language of the workers;

(c) Is printed on material colored to indicate unsafe; and

(d) Is marked with easily understood pictures or symbols.

((The operator must:))

(1) The operator must provide sewage disposal systems in accordance with local health jurisdictions.

(2) The operator must connect all drain, waste, and vent systems from buildings to:

(a) Public sewers, if available; or

(b) Approved on-site sewage disposal systems that are designed, constructed, and maintained as required in chapters 246-272A and 173-240 WAC, and local ordinances.

((The operator must ensure that:))

(1) The operator must ensure that electricity is supplied to all dwelling units, family shelters, and common facilities, except chemical toilets;

(2) The operator must ensure that all electrical wiring, fixtures, and electrical equipment must:

(a) Comply with the electric standards of the department of labor and industries regulations, chapters 19.28 RCW, 296-46B WAC, and local ordinances; and

(b) Be maintained in a safe condition.

(3) The operator must ensure that each habitable room must have at least:

(a) One ceiling-type light fixture; and

(b) At least one separate floor-type or wall-type convenience outlet.

(4) The operator must ensure that laundry, toilet facilities, and bathing facilities have at least one ceiling-type or wall-type light fixture;

(5) The operator must ensure that general lighting and task lighting within all facilities is adequate to carry on normal daily activities;

(6) The operator must ensure that adequate lighting is provided for safe passage for workers to handwashing sinks and toilets. Lighting requirements may be met by natural or artificial means;

(7) For lighting requirements in tents, please see WAC 296-307-16147.

((An operator must:))

(1) An operator must construct, if provided TWH dwelling units, including common facilities, which must meet the following requirements:

(a) Protect against the elements;

(b) The State Building Code, chapter 19.27 RCW, or TWH construction standard, chapter 246-359 WAC; and

(c) State and local ordinances, codes, and regulations.

(2) An operator must prevent condensation in dwelling units and common facilities to the degree that it does not contribute to a health risk or safety issue to occupants.

(3) An operator must prevent mold in dwelling units and common facilities.

(4) An operator must provide a locking mechanism on the exterior door(s) of each family shelter. The mechanism must not prevent egress and must be easily opened from the inside without use of a key or special knowledge.

(5) An operator must provide a locking mechanism on all bedroom doors, excluding doors to bedrooms housing more than fifteen occupants. The mechanism must not prevent egress and must be easily opened from the inside without use of a key or special knowledge.

(6) An operator must provide a locking mechanism on:

(a) Each toilet stall door, if provided; and

(b) Each shower stall door, if provided.

(7) An operator must identify each dwelling unit and space used for shelter by posting a number at each site.

(8) An operator must maintain buildings in good repair and sanitary condition.

(9) An operator must comply with all applicable state and federal laws and rules for lead based paint. For more information on lead, go to ((http://www.lni.wa.gov/Safety/Topics/AtoZ/Lead/Default.asp))http://www.lni.wa.gov/Safety/Topics/AtoZ/Lead.

(10) An operator must provide exits that are unobstructed and remain free of any material or matter where its presence would obstruct or render the exit hazardous.

(11) An operator must provide habitable rooms with:

(a) Windows covering a total area equal to at least one-tenth of the total floor space; and

(b) At least one-half of each window can be opened to the outside for ventilation; or

(c) Mechanical ventilation in accordance with applicable standards from the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE).

(12) An operator must provide each room used for sleeping purposes with:

(a) At least fifty square feet of floor space for each worker, not including any floor space in any portion of a room less than seven feet from the finished floor to the finished ceiling; and

(b) Windows covering a total area equal to at least one-tenth of the floor space within the surrounding walls of the sleep room.

(13) An operator must provide each room used for sleeping and cooking purposes:

(a) Meet the requirements of subsection (12) of this section;

(b) At least one hundred square feet of floor space per temporary worker; and

(c) For a family shelter constructed or approved for construction under chapter 246-359 WAC before January 1, 2016, one hundred square feet of floor space per temporary worker is required by January 1, 2019. Upon the operator's request, the department of health may grant an extension(s) for up to three additional years. Requests must:

(i) Include a schedule and work plan for achieving compliance;

(ii) Be on a form provided by the department of health; and

(iii) Be submitted to the department of health prior to January 1, 2019.

(14) An operator must ensure wooden floors are at least one foot above ground level or meet the requirements in the State Building Code, chapter 19.27 RCW or Temporary worker housing construction standard, chapter 246-359 WAC.

(15) An operator must provide sixteen-mesh screening on all exterior openings and screen doors with self-closing devices.

(16) An operator must provide and maintain screen doors on all exterior entrances that:

(a) Have self-closing devices; and

(b) Close without gaps that would allow entry of pests.

(17) An operator must install all heating, cooking, and water heating equipment according to state and local ordinances, codes, and regulations and maintain in a safe condition.

(18) An operator must provide habitable rooms with equipment capable of maintaining a temperature of at least seventy degrees Fahrenheit during cold weather.

(19) An operator must ensure that all recreational vehicles and park trailers meet the requirements as defined in this chapter.

(1) Each tent must be constructed to sleep no more than fifteen workers.

(2) Tents must provide protection from the elements, insects, and animals.

(3) Structural stability and floors.

(a) Tents and their supporting framework must be adequately braced and anchored to prevent weather related collapse. Documentation of the structural stability must be furnished to the department of health.

(b) Floors must be smooth, sloped from a raised center towards the lower outer edges. Floors must be without breaks or holes to provide a hard, stable walking surface. Nonridged flooring supported by grass, dirt, soil, gravel, or other uneven surfaces is not acceptable. Floors that are constructed of wood or concrete must comply with the building code, chapter 19.27 RCW and this chapter.

(c) Floor systems must be designed to prevent the entrance of snakes, rodents, and other nuisances.

(4) Flame-retardant treatments.

(a) The sidewalls, drops, and tops of tents ((shall))must be composed of flame-resistant material or treated with a flame-retardant in an approved manner.

(b) Floor coverings, which are integral to the tent, and the bunting, ((shall))must be composed of flame-resistant material or treated with a flame retardant in an approved manner and in accordance with Uniform Building Code, Standard 31.1.

(c) All tents must have a permanently affixed label bearing the following information:

(i) Identification of tent size and fabric or material type;

(ii) For flame-resistant materials, the necessary information to determine compliance with this section and National Fire Protection Association Standard 701, Standard Methods of Fire Tests for Flame-resistant Textiles and Films;

(iii) For flame-retardant materials, the date that the tent was last treated with an approved flame-retardant;

(iv) The trade name and type of flame-retardant used in the flame-retardant treatment; and

(v) The name of the person and firm that applied the flame-retardant.

(5) Means of egress.

(a) Tents must have a primary entrance door. At least one door must lead to the outside of the tent. The door must not be obstructed in any manner and must remain free of any material or matter where its presence would obstruct or render the exit hazardous.

(b) The area designated for refuge must be accessible and remain clear of storage materials or hazards.

(c) If food-handling facilities are provided in tents, or the tent occupancy capacity is for ten or more workers, a window must be located opposite the door and must have a means to open the window or provide an easily opened space, for example, a zipper which opens downward to the floor, must be provided.

(6) Floor area. ((The operator must:))

(a) If food-handling facilities are provided in the tent, the operator must provide an additional twenty square feet of floor space;

(b) The operator must provide at least fifty square feet of floor space for each worker in rooms used for sleeping purposes.

(7) Ceiling height.

(a) A ceiling height of at least seven feet is required in fifty percent of the total floor area.

(b) No portion of the tent measuring less than six feet from the flooring to the ceiling will be included in any computation of the floor area.

(8) Windows and ventilation.

(a) Provide a window area equal to one-tenth of the total floor area in each habitable room which opens at least halfway or more directly to the outside for cross-ventilation and has a minimum of sixteen-mesh screens on all exterior openings.

(b) The windows must have weather-resistant flaps, which will cover the window area and a means of fastening the flaps to provide protection from the elements and allow privacy for the workers.

(9) Electrical and lighting. ((The operator must ensure that:))

(a) The operator must ensure that electricity is supplied to all tents used as habitable room.

(b) The operator must ensure that all electrical wiring, fixtures and electrical equipment must comply with the electrical standards of the department of labor and industries regulations, chapter 19.28 RCW, and local ordinances, and be maintained in a safe condition.

(c) The operator must ensure that each tent used as a habitable room has at least one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet.

(d) If cooking is provided in the tent, the operator must ensure that appropriate wiring and electrical equipment is provided.

((An operator must:))

(1) An operator must provide laundry facilities that include:

(a) One laundry tray or tub or one mechanical washing machine for every thirty occupants;

(b) Adequate facilities for drying clothes; and

(c) Sloped, coved floors of nonslip impervious materials with screened floor drains.

(2) An operator must maintain laundry facilities in a clean and sanitary condition.

((An operator must:))

(1) An operator must provide handwashing and bathing facilities adequate for the maximum capacity of the TWH according to Table 1 of WAC 296-307-16115.

(2) An operator must meet the following general requirements for all handwashing and bathing facilities:

(a) Provide cleanable, nonabsorbent waste containers;

(b) Provide all showers, baths, or shower rooms with screened floor drains to remove waste water;

(c) Maintain fixtures and drains in good working order;

(d) Separate showers with partitions or walls.

(i) Partitions and walls must ensure privacy and be smooth, cleanable, and nonabsorbent.

(ii) For a bathing facility constructed or approved for construction under chapter 246-359 WAC before January 1, 2016, partitions or walls are required by January 1, 2017.

(e) All showers separated by partitions must ensure privacy.

(3) An operator must meet the following requirements for common facilities:

(a) One handwash sink for every six occupants. Of these handwash sinks, locate adjacent to toilets at least one handwash sink for every fifteen occupants;

(b) One showerhead for every ten occupants;

(c) One "service sink" in each building used for common laundry, handwashing, or bathing;

(d) Sloped, coved floors of nonslip impervious materials with floor drains;

(e) Shower and bathing facilities must provide privacy from the opposite sex and the public;

(f) Maintain common bathing and handwashing facilities in a clean and sanitary condition, cleaned at least daily; and

(g) Bathing and shower facilities must be available at all times during operation of the TWH.

(4) An operator must meet the following requirements for family shelters:

(a) At least one handwash sink per family shelter. If an operator provides a family shelter with toilet facilities, at least one handwash sink located in the toilet room or immediately adjacent to the toilet room; and

(b) Request occupants in family shelters to maintain bathing and handwashing facilities in a clean and sanitary condition.

((The operator must:))

(1) The operator must provide toilet facilities adequate for the maximum capacity of the TWH according to Table 1 of WAC 296-307-16115.

(2) The operator must not provide or allow the use of pit privies.

(3) The operator must fill abandoned pit privies with earth.

(4) The operator must meet the following general requirements for all toilet facilities:

(a) Provide flush toilets unless chemical toilets are specifically approved by the department of health according to requirements in chapter 246-272 WAC;

(b) Flush toilets, chemical toilets, and urinals must not be located in any sleeping room, dining room, cooking or food-handling facility or in any tent;

(c) Toilet rooms must be provided with:

(i) Handwashing sinks located in or immediately adjacent to the toilet room;

(ii) Either a window of at least six square feet opening directly to the outside or adequate ventilation;

(iii) Sixteen-mesh screens on all outside openings;

(iv) Fixtures maintained in good working order, including toilet(s) and sink(s); and

(v) Drains maintained in good working order, including floor drains with screens.

(d) When chemical toilets are approved, they must be:

(i) Located at least fifty feet from any dwelling unit or food-handling facility;

(ii) Maintained by a licensed waste disposal company;

(iii) Comply with local ordinances; and

(iv) Located immediately adjacent to a handwash sink(s); and

(e) When urinals are provided:

(i) There must be one urinal or two linear feet of urinal trough for each twenty-five men;

(ii) The floors and the walls surrounding a urinal and extending out at least fifteen inches on all sides must be constructed of materials which will not be adversely affected by moisture; and

(iii) The urinal must have an adequate water flush.

(5) The operator must meet the following requirements for common toilet facilities:

(a) Where common toilet facilities are provided, the number of toilets for each sex must be based on the maximum number of occupants of that sex which the camp is designed to house at any one time, in the ratio of one such toilet for every fifteen occupants, with a minimum of two toilets according to Table 1 of WAC 296-307-16115;

(b) Locate toilet rooms so that:

(i) Toilets are within two hundred feet of the door of each sleeping room; and

(ii) No person has to pass through a sleeping room to reach a toilet room.

(c) Maintain toilets in a clean and sanitary condition, cleaned at least daily;

(d) Provide each toilet compartment with an adequate supply of toilet paper at all times;

(e) Separate toilets by partitions or walls. For the purposes of this section, partitions do not include curtains.

(i) Partitions and walls must ensure privacy, and must have smooth, cleanable, and nonabsorbent surfaces;

(ii) For a common toilet facility constructed or approved for construction under chapter 246-359 WAC before January 1, 2016, partitions or walls are required by January 1, 2017.

(f) Ensure the area surrounding common toilet facilities are adequately lighted; and

(g) When common facilities will be used for both men and women:

(i) Provide separate toilet rooms for each sex with a minimum of one toilet room for each sex and meet the required ratio as defined in (a) of this subsection;

(ii) Identify each room for "men" and "women" with signs printed in English and in the native language of the persons occupying the camp, or identified with easily understood pictures or symbols; and

(iii) Separate facilities by solid walls or partitions extending from the floor to the roof or ceiling when facilities for each sex are located in the same building.

(6) The operator must meet the following requirements for family shelters if common toilet facilities are not provided:

(a) One toilet for each individual family shelter;

(b) Ensure toilet facilities are cleaned prior to occupancy; and

(c) Request occupants to maintain the facilities in a clean and sanitary condition.

((The operator must:))

(1) The operator must provide sanitary facilities for storing and preparing food;

(2) ((Provided))The operator must provide all food-handling facilities with:

(a) Covered and enclosed or screened cooking and food-handling facilities for all occupants;

(b) Covered and enclosed or screened eating facilities with adequate tables and seating for the occupants;

(c) If provided, hotplates that meet WAC 296-307-16140(2);

(d) A sink with hot and cold running potable water under pressure;

(e) At least two cubic feet of dry food storage space per occupant;

(f) Nonabsorbent, and easily cleanable food preparation surfaces situated off the floor;

(g) Mechanical refrigeration conveniently located and able to maintain a temperature of forty degrees Fahrenheit or below, with at least two cubic feet of storage space per occupant;

(h) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;

(i) Nonabsorbent, easily cleanable floors;

(j) Adequate ventilation for cooking facilities; and

(k) Cooking facilities, including fixtures and drains, maintained in good working order.

(3) In common food-handling facilities, the operator must provide:

(a) A room, building, or space within a building adequate in size, separate from any sleeping quarters or tent for workers to prepare and cook their own food;

(b) No direct openings to living or sleeping areas from the common food-handling facility;

(c) An operable cook stove or electric hotplate with four cooking surfaces for every ten workers through any combination of cooking surfaces including burners, one foot in length of burner surface, microwave ovens, stove ovens, or convection ovens.

(4) In family shelter food-handling facilities, the operator ((shall))must provide an operable cook stove or electric hotplate with four cooking surfaces for every ten workers through any combination of cooking surfaces including burners, one foot in length of burner surface, microwave ovens, stove ovens, or convection ovens.

(5) The operator must ensure that common dining hall facilities comply with chapter 246-215 WAC, Food service.

((The operator must:))

(1) The operator must provide beds, cots, or bunks in good condition for the maximum occupancy approved by the department of health for operator-supplied housing;

(2) The operator must allow the use of cots in tents for cherry harvest camps only. Cots must be sturdy and stable and without:

(a) Visible mold;

(b) Rips or tears;

(c) Insect infestation;

(d) Stains from bodily fluids; and

(e) Rodents or rodent droppings.

(3) In TWH other than cherry harvest camps, the operator must provide beds and bunks with clean mattresses in good repair and without:

(a) Mold;

(b) Rips or tears;

(c) Insect infestation;

(d) Stains from bodily fluids; or

(e) Rodents or rodent droppings.

(4) If provided by the operator, the operator must maintain bedding((, if provided by the operator,)) in a clean and sanitary condition;

(5) The operator must locate all beds, cots, and bedding at least thirty-six inches from cooking surfaces;

(6) The operator must provide a minimum of twelve inches of clearance between each cot, bed or bunk and the floor;

(7) The operator must allow space to separate beds or cots laterally and end-to-end by at least thirty-six inches when single beds or cots are used;

(8) The operator must meet the following requirements when bunk beds are used:

(a) Allow space to separate beds laterally and end-to-end by at least forty-eight inches;

(b) Maintain a minimum space of twenty-seven inches between the upper and lower bunks; and

(c) Prohibit triple bunks.

(9) The operator must provide all occupants suitable storage space for clothing and personal articles. Storage space must be located in the occupant's room used for sleeping;

(10) Effective January 1, 2017, for each temporary worker housed in a common sleeping facility, the operator must provide suitable storage space that must:

(a) Ensure all or a portion of the storage space is enclosed and lockable;

(b) Be anchored in a manner which adequately prevents the storage space from being removed from the building; and

(c) Be accessible to the temporary worker.

((The operator must:))

(1) The operator must comply with chapters 15.58 and 17.21 RCW and chapters 16-228 and 296-307 WAC, Parts I and J, and pesticide label instructions when using pesticides in and around the TWH;

(2) The operator must prohibit, in the TWH area, the use, storage, or mixing of flammable, volatile, or toxic substances other than those intended for household use;

(3) The operator must provide readily accessible first-aid equipment;

(4) The operator must ensure that a first-aid trained person is readily accessible to administer first aid at all times;

(5) The operator must remove unused refrigerator units or other appliances to prevent access by children.

((The operator must:))

(1) The operator must comply with local sanitation codes for removing and disposing of refuse from TWH areas;

(2) The operator must protect against rodent harborage, insect breeding, and other health hazards while storing, collecting, transporting, and disposing of refuse;

(3) The operator must store refuse in fly-tight, rodent-tight, impervious, and cleanable or reusable containers or in single-use containers;

(4) The operator must keep refuse containers clean;

(5) The operator must provide at least one reusable container for each dwelling unit that is:

(a) Located within one hundred feet of each dwelling unit;

(b) Placed on a solid, flat, and level stand made of wood, metal, or concrete; and

(c) Secured to prevent falling over or spilling.

(6) The operator must empty refuse containers at least twice each week, and when full.

((The operator must:))

(1) The operator must report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease;

(2) The operator must report immediately to the local health officer:

(a) Suspected food poisoning;

(b) An unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice;

(c) Productive cough; or

(d) When weight loss is a prominent symptom among workers.

(3) The operator must prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in dining halls.

((You))The employer must guard the blades of a fan located less than seven feet above the floor or working level. The guard must have maximum openings of one-half inch.

Shields, guards, and access doors that will prevent accidental contact with rotating machine parts on constant-running drives must be in place when the machine is running.

(("Constant-running drives" means drives that continue to rotate when the engine is running and all clutches are disengaged.))

At the time of initial assignment and at least annually thereafter, ((you))the employer must instruct every employee in the safe operation and servicing of all equipment that the employee will use, including at least the following:

(1) Keep all guards in place when the machine is in operation.

(2) Only persons required for instruction or machine operation may ride on equipment, unless a passenger seat or other protective device is provided.

(3) Stop engine, disconnect the power source, and wait for all machine movement to stop before servicing, adjusting, cleaning, or unclogging the equipment.

(4) Make sure everyone is clear of machinery before starting the engine, engaging power, or operating the machine.

(5) Lock out electrical power before performing maintenance or service on farmstead equipment.

(1) If machine operation requires the presence of an operator on the machine, a "stop button" must be provided on the machine within reach of the operator.

(2) Power control devices must be marked to indicate the function and machine they control. "On" and "off" must be marked.

(3) "Stop" buttons must be red or orange. Each machine must have one or more stop buttons according to the working position of the operators.

(4) Power control devices must be located or guarded to prevent unexpected or accidental movement of the control. "Start" buttons must be recessed.

(1) All steam pipes or pipes hot enough to burn a person (other than coil pipes, radiators for heating rooms or buildings, or pipes on portable steam engines and boilers) must be guarded with a standard safeguard, unless guarded by location.

(2) All exposed hot pipes within seven feet of the floor or working platform, or within fifteen inches measured horizontally from stairways, ramps, or fixed ladders, must be covered with insulating material or be guarded to prevent contact.

(1) ((You))The employer must ensure that all cracked saw blades are removed from service, except as indicated in WAC 296-307-18515(6).

(2) Inserting a wedge between a saw disk and its collar to form a "wobble saw" for rabbeting or dadoing is prohibited.

(3) ((You))The employer must provide and ensure that employees use push sticks or push blocks in sizes and types suitable for the work to be done.

(1) ((You))The employer must ensure that all band wheels are completely encased or guarded on both sides. Guards must be constructed of at least No. 14 U.S. gauge metal, nominal two-inch wood material, or mesh or perforated metal of at least U.S. gauge No. 20 with maximum openings of three-eighths inch.

(2) ((You))The employer must ensure that all nonworking portions of the band saw blade are enclosed or guarded. The working side of the blade between the guide and the table may be left open to work on the stock.

(3) ((You))The employer must ensure that the guard for the portion of the blade between the sliding guide and the upper-saw-wheel guard protects the saw blade at the front and outer side.

(1) ((You))The employer must ensure that the upper hood completely encloses the upper portion of the blade, including the end of the saw arbor. The upper hood must be constructed to protect the operator from flying material, and to deflect sawdust. The sides of the lower exposed portion of the blade must be guarded to the full diameter of the blade by a device that will automatically adjust itself to the thickness of the stock and remain in contact with stock. ((You))The employer may use an alternative lower blade guard if it provides equivalent protection.

(2) ((You))The employer must provide an adjustable stop to prevent the forward travel of the blade beyond the position necessary to complete the cut.

(3) ((You))The employer must equip a radial arm-saw with a mechanism to return the saw and keep it in position at the back of the table or behind the rip fence.

For example: ((You))The employer may use a counter-weight or a saw retractor device, or tilt the front of the radial arm saw unit up enough to maintain the blade at the back of the table or behind the rip fence when the pull handle is released by the operator.

(4) ((You))The employer must ensure that ripping and ploughing are permitted only against the direction in which the saw turns. Mark the direction of the saw rotation on the hood, and attach a permanent warning sign to the rear of the guard that prohibits ripping or ploughing from that position. (Where the blade teeth exit the upper hood when set up for ripping would be the rear of the saw in this case.) Each radial arm saw used for ripping must be provided with antikickback fingers or dogs to prevent the saw from throwing the material or stock back at the operator.

(1) ((You))The employer must ensure that each circular blade table saw used for ripping or crosscutting is guarded by a standard hood that covers the saw blade above the material completely at all times during the cut. The hood must adjust itself automatically to the thickness of, and must remain in contact with, the material being cut.

(2) ((You))The employer must ensure that any table saw used for ripping has antikickback fingers or dogs and a spreader.

(3) While used for rabbeting, ploughing, grooving or dadoing a table saw may be used without an antikickback device and a spreader. Upon completion, the antikickback device and spreader must be replaced immediately.

(4) ((You))The employer must ensure that the part of the table saw that is beneath the table is fully guarded to prevent employee contact with the portion of the blade below the table.

(5) Power transmission components of table saws must be guarded according to WAC 296-307-280.

(1) ((You))The employer must ensure that fuel-wood saws are guarded by a standard guard that completely encloses the blade to the depth of the teeth, except for the area where material is fed into the blade.

(2) ((You))The employer must ensure that the tables of fuel-wood saws is constructed so that material being sawed is supported on both sides of the blade.

(3) ((You))The employer must provide a mechanism that will prevent the leading edge of the saw from passing the front edge of the table or roll case.

(4) ((You))The employer must provide tilting tables of fuel-wood saws with a backrest for the full length of the table. The backrest must extend upward from the table platform at least to the height of the saw opening. An opening in a backrest must be a maximum of two inches. The backrest frame and filler must be constructed of material strong and rigid enough to prevent distortion under normal use.

(5) Power transmission components of fuel-wood saws must be guarded according to WAC 296-307-280.

(6) When a circular fuel-wood saw blade develops a crack, ((you))the employer must discontinue its use until properly repaired, according to the following measurements.

(("))Abrasive wheel((" means)). A cutting tool consisting of abrasive grains held together by organic or inorganic bonds. This includes diamond and reinforced wheels.

(("))Flanges((" means)). Collars, discs, or plates between which wheels are mounted. Also referred to as adapter, sleeve, or back.

(("))Mounted wheels((" means)). Wheels of various dimensions that are usually 2 inches in diameter or smaller. They can be either organic or inorganic bonded abrasive wheels. They are secured to plain or threaded steel mandrels.

(("))Off-hand grinding((" means)). Grinding material or a part that is held in the operator's hand.

(("))Portable grinding((" means)). The grinding machine is hand-held and may be easily moved from one location to another.

(("))Reinforced wheels((" means)). A class of organic wheels that contain strengthening fabric or filament. "Reinforced" does not mean wheels using such mechanical additions as steel rings, steel cup backs, or wire or tape winding.

(("))Safety guard((" means)). An enclosure designed to restrain the pieces of the grinding wheel and protect the operator in the event that the wheel is broken in operation.

(1) Abrasive wheels must be used only on machines provided with safety guards.

(2) The safety guard must cover the spindle end, nut, and flange projections.

(3) The guard must cover the sides and periphery of the wheel.

(4) The safety guard must be mounted to maintain proper alignment with the wheel, and the strength of the fastenings must exceed the strength of the guard.

(5) Take care to see that the safety guard is properly positioned before starting the mounted wheel.

(6) Abrasive wheel machinery guards must meet the design specifications of ANSI B7.1-1970.

(7) Exception: WAC 296-307-19006 does not apply to natural sandstone wheels and metal, wooden, cloth, or paper discs, with a layer of abrasive on the surface.

(1) Immediately before mounting, the operator must closely inspect and sound (ring test) all wheels to make sure they are not damaged. Before mounting the wheel, the operator must check the spindle speed of the machine to be certain that it does not exceed the maximum operating speed marked on the wheel.

(("))Ring test((" means)). To tap the wheel gently with a light nonmetallic implement, such as the handle of a screwdriver for light wheels, or a wooden mallet for heavier wheels.

(2) Grinding wheels must fit freely on the spindle and remain free under all grinding conditions. The wheel hole must be made suitably oversized to ensure that heat and pressure do not create a hazard.

(3) All contact surfaces of wheels, blotters, and flanges must be flat and free of foreign matter.

(4) Bushings used in the wheel hole must not exceed the width of the wheel and must not contact the flanges.

(5) On offhand grinding machines, work rests must be used to support the work. The work rest must be rigid and adjustable to compensate for wheel wear. Work rests must be kept adjusted closely to the wheel with a maximum opening of one-eighth inch to prevent the work from jamming between the wheel and the rest. The work rest must be securely clamped after each adjustment and ((shall))must not be adjusted with the wheel in motion.

(6) Goggles or face shields must be used when grinding.

(7) Nonportable grinding machines must be securely mounted on substantial floors, benches, foundations, or other adequate structures.

(8) After mounting, abrasive wheels must be run at operating speed with the safety guard in place and properly adjusted, or in a protected enclosure for at least one minute before applying work. During this time, no one may stand in front of or in line with the wheel.

(9) Grinders or abrasive wheels that vibrate or are out of balance must be repaired before use.

(10) Abrasive wheels not designed for the machine or guard must not be mounted on a grinder.

(11) Side grinding must only be performed with wheels designed for this purpose.

(12) Where the operator may stand in front of the opening, safety guards must be adjustable to compensate for wheel wear. The distance between the wheel periphery and the adjustable tongue or the guard above the wheel must not exceed one-quarter inch.

(1) Grinding machines must have flanges.

(2) All abrasive wheels must be mounted between flanges that are at least one-third the diameter of the wheel. Regardless of flange type used, the wheel must always be guarded. Blotters must be used according to this section.

(3) Design and material requirements include:

(a) Flanges must be designed to transmit the driving torque from the spindle to the grinding wheel.

(b) Flanges must be made of steel, cast iron, or other material of equal or greater strength and rigidity.

(4) An abrasive wheel that is designed to be held by flanges must not be operated without them. Except for those types requiring flanges of a special design, flanges must be at least one-third the diameter of the wheel.

(5) Facings of compressible material (blotters) must be inserted between the abrasive wheel and flanges to ensure uniform distribution of flange pressure.

(6) All flanges must be maintained in good condition. When the bearing surfaces become damaged, they should be trued or refaced. When refacing or truing, exercise care to make sure that proper relief and rigidity is maintained before starting the wheel.

Safety guards on right angle head or vertical portable grinders must have a maximum exposure angle of 180°, and the guard must be between the operator and the wheel during use. The guard must be adjusted so that pieces of an accidentally broken wheel will be deflected away from the operator.

Other portable grinding machines must be guarded so that only the bottom half of the wheel is exposed. The top half of the wheel must be enclosed at all times.

(1) Each hand-held, power-driven tool must have a "dead man" control, such as a spring-actuated switch, valve, or equivalent device, so that the power will be automatically shut off whenever the operator releases the control.

(2) The frames and all exposed, noncurrent-carrying metal parts of portable electric machinery, operated at more than fifty volts to ground, must be grounded. Other hand-held portable motors driving electric tools must be grounded if they operate at more than fifty volts to ground. The ground must use a separate ground wire and polarized plug and receptacle.

Using compressed air for cleaning purposes is prohibited, except where the pressure is reduced to less than 30 psi and then only with effective chip guarding and personal protective equipment.

(1) When using compressed air tools, use care to prevent the tool from being shot from the gun.

(2) When momentarily out of use, the gun should be laid so that the tool cannot fly out if the pressure is accidentally released. When not in use, all tools should be removed from the gun.

(3) When disconnecting a compressed air tool from the air line, first shut off the pressure and then operate the tool to release the pressure remaining in the hose.

(4) Compressed air hose or guns must not be pointed at or brought into contact with the body of any person.

(1) All portable, power-driven circular saws with a blade diameter greater than 2 inches must have guards above and below the base plate or shoe.

(a) The upper guard must cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts.

(b) The lower guard must cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work.

(c) When the tool is withdrawn from the work, the lower guard must automatically and instantly return to covering position.

(2) Portable belt sanding machines must have guards at each nip point where the sanding belt runs onto a pulley. These guards must prevent the hands or fingers of the operator from coming in contact with the nip points. The unused run of the sanding belt must be guarded against accidental contact.

(3) Portable electric powered tools must meet the electrical requirements of chapter 296-307 WAC Part T.

(1) The following powered tools must have a constant pressure switch or control that will shut off the power when the pressure is released:

((•))(a) All hand-held powered circular saws with a blade diameter-greater than 2 inches;

((•))(b) Electric, hydraulic or pneumatic chain saws; and

((•))(c) Percussion tools without positive accessory holding means.

All hand-held gasoline powered chain saws must have a constant pressure throttle control that will shut off the power to the saw chain when the pressure is released.

(2) The following powered tools must have a constant pressure switch or control:

((•))(a) All hand-held powered drills, tappers, fastener drivers, and horizontal, vertical, and angle grinders with wheels greater than 2 inches in diameter;

((•))(b) Disc sanders with discs greater than 2 inches in diameter;

((•))(c) Belt sanders;

((•))(d) Reciprocating saws;

((•))(e) Saber, scroll, and jig saws with blade shanks greater than a nominal 1/4 inch; and

((•))(f) Other similarly operating powered tools.

These tools may have a lock-on control if they can be turned off by a single motion of the same finger or fingers that turn it on.

(3) The following powered tools must have either a positive on-off control, or other controls as described above:

((•))(a) All other hand-held powered tools, including:

((•))(b) Platen sanders;

((•))(c) Grinders with wheels 2 inches in diameter or less;

((•))(d) Disc sanders with discs 2 inches in diameter or less;

((•))(e) Routers;

((•))(f) Planers;

((•))(g) Laminate trimmers;

((•))(h) Nibblers;

((•))(i) Shears; and

((•))(j) Saber, scroll, and jig saws with blade shanks a nominal 1/4 inch wide or less.

(((a)))(i) Saber, scroll, and jig saws with nonstandard blade holders may use blades with shanks that are nonuniform in width, if the narrowest portion of the blade shank is an integral part in mounting the blade.

(((b)))(ii) Blade shank width must be measured at the narrowest portion of the blade shank when saber, scroll, and jig saws have nonstandard blade holders.

(((c)))(iii) "Nominal" in this section means +0.05 inch.

(4) The operating control on hand-held power tools must be located to minimize the possibility of accidental operation that would constitute a hazard to employees.

(1) The operating trigger on portable pneumatic powered tools must be located to minimize the possibility of accidental operation and arranged to close the air inlet valve automatically when the operator removes pressure.

(2) A tool retainer must be installed on each tool that would otherwise be ejected from the hose.

(3) Hose and hose connections used for conducting compressed air to utilization equipment must be designed for the pressure and service to which they are subjected.

(("))Blade tip circle((" means)). The path described by the outermost point of the blade as it rotates about its shaft axis.

(("))Catcher assembly((" means)). A part that provides a means for collecting grass clippings or debris.

(("))Deadman control((" means)). A control designed to automatically interrupt power to a drive when the operator releases the control.

(("))Guard((" means)). A part for shielding a hazardous area of a machine.

(("))Lowest blade position((" means)). The lowest blade position when the mower is not in use.

(("))Operator area((")) (walk-behind mowers) ((means)). A circular area behind the mower that is no smaller than 30 inches in diameter, the center of which is 30 inches behind the nearest blade tip circle.

(("))Power reel mower((" means)). A lawn-cutting machine with a power source that rotates one or more helically formed blades about a horizontal axis and creates a shearing action with a stationary cutter bar or bed knife.

(("))Power rotary mower((" means)). A lawn-cutting machine with a power source that rotates one or more cutting blades about a vertical axis.

(("))Riding mower((" means)). A powered, self-propelled lawn-cutting vehicle on which the operator rides and controls the machine.

(("))Sulky type mower((" means)). A walk-behind mower that has been converted to a riding mower by the addition of a sulky.

(("))Walk-behind mower((" means)). A mower either pushed or self-propelled and normally guided by the operator walking behind the unit.

(1) Walk-behind, riding-rotary, and reel power lawnmowers designed for use by employees must meet the design specifications in ANSI B71.1-1968.

(2) All power-driven chains, belts, and gears must be positioned or guarded to prevent accidental contact with the operator during normal starting, mounting, and operation of the machine.

(3) The motor must have a shutoff device that requires manual and intentional reactivation to restart the motor.

(4) All positions of the operating controls must be clearly identified.

(5) The words, "Caution — Be sure the operating control(s) is in neutral before starting the engine," or similar wording must be clearly visible at an engine starting control point on self-propelled mowers.

(6) All power lawn mowers must be used according to the manufacturer's instructions.

(1) The mower blade must be enclosed except on the bottom and the enclosure must extend to or below the lowest blade position.

(2) Guards that must be removed to install a catcher assembly must meet the following requirements:

(a) Warning instructions are attached to the mower near the opening stating that the mower must not be used without either the catcher assembly or the guard in place.

(b) The mower is used only with either the catcher assembly or the guard in place.

(c) The catcher assembly is properly and completely installed.

(3) The word "caution" or stronger wording must be placed on the mower at or near each discharge opening.

(4) Blade(s) must stop rotating from the manufacturer's specified maximum speed within 15 seconds after declutching, or shutting off power.

(1) The horizontal angle of the grass discharge opening(s) in the blade enclosure must not contact the operator area.

(2) There must be one of the following at all grass discharge openings:

(a) A minimum of 3 inches between the end of the discharge chute and the blade tip circle; or

(b) A rigid bar fastened across the discharge opening, secured to prevent removal without the use of tools. The bottom of the bar must be no higher than the bottom edge of the blade enclosure.

(3) The highest point(s) on the blade enclosure front, except discharge-openings, must be a maximum of 1-1/4 inches above the lowest blade position. Mowers with a swingover handle are considered to have no front in the blade enclosure and therefore must comply with WAC 296-307-22009(1).

(4) The mower handle must be fastened to the mower to prevent loss of control by unintentional uncoupling while in operation.

(5) Mower handles must be locked in the normal operating position(s) so that they cannot be accidentally disengaged during normal mower operation.

(6) A swingover handle must meet the requirements of this section.

(7) Wheel drive disengaging controls, except deadman controls, must move opposite to the direction of the vehicle motion in order to disengage the drive. Deadman controls may operate in any direction to disengage the drive.

(8) ((You))The employer must ensure that each walk-behind rotary mower has a positive constant-pressure device that requires the operator to hold the device in the "on" position to operate the mower. Using rope or string or other material to tie the constant pressure device in the "on" position is prohibited.

(1) The highest point(s) of all openings in the blade enclosure front must be a maximum of 1 1/4 inches above the lowest blade position.

(2) Opening(s) must not allow grass or debris to discharge directly toward the operator seated in normal operator position.

(3) There must be one of the following at all grass discharge openings:

(a) A minimum of 6 inches between the end of the discharge chute and the blade tip circle; or

(b) A rigid bar fastened across the discharge opening secured to prevent removal without the use of tools. The bottom of the bar must be no higher than the bottom edge of the blade enclosure.

(4) Mowers must have stops to prevent jackknifing or locking of the steering mechanism.

(5) The mower must have brakes.

(6) Hand-operated wheel drive disengaging controls must move opposite to the direction of vehicle motion in order to disengage the drive. Foot-operated wheel drive disengaging controls must be depressed to disengage the drive. Deadman controls, both hand and foot operated, may operate in any direction to disengage the drive.

(("))Jack((" means)). An appliance for lifting and lowering or moving horizontally a load using a pushing force.

(("))Rating((" means)). The maximum working load for which a jack is designed to lift the load safely throughout its travel.

(1) The operator must make sure that the jack used has a load rating sufficient to lift and sustain the load.

(2) The rated load must be legibly and permanently marked in a prominent location on the jack by casting, stamping, or other suitable means.

(1) If the foundation is not firm, ((you))the operator must block the base of the jack. If the cap might slip, ((you))the operator must place a block in between the cap and the load.

(2) The operator must watch the stop indicator, which must be kept clean, in order to determine the limit of travel. The indicated limit must not be overrun.

(3) After the load has been raised, it must immediately be cribbed, blocked, or otherwise secured. Working under a load raised only with jacks is prohibited.

(4) Hydraulic jacks exposed to freezing temperatures must be supplied with an adequate antifreeze liquid.

(5) All jacks must be properly lubricated at regular intervals. The lubricating instructions of the manufacturer should be followed, and only lubricants recommended by the manufacturer should be used.

(6) ((You))The operator must ensure that each jack is thoroughly inspected according to the service conditions and at least:

(a) For constant or intermittent use at one locality, once every 6 months;

(b) For jacks sent out of shop for special work, when sent out and when returned;

(c) For a jack subjected to abnormal load or shock, immediately before and immediately thereafter.

(7) Repair or replacement parts must be examined for possible defects.

(8) Jacks that are out of order must be tagged, and not be used until repaired.

(1) Safe clearances of three feet must be allowed for aisles, loading docks, doorways, and wherever turns or passage must be made. Passageways must be kept clear and in good repair, with no obstructions.

(2) Bags, bales, boxes, and other containers stored in tiers must be made secure against sliding or collapse.

(3) Storage areas must be kept free from any accumulation of materials that could cause tripping, fire, or explosion.

(4) Employees must be instructed in proper lifting or moving techniques and methods. Mechanical devices or assistance in lifting must be used when moving heavy objects.

(5) When removing material stored in piles, employees must remove material in a manner that maintains the stability of the pile and prevents collapse.

(6) Storage areas must have proper drainage.

(7) ((You))The employer must provide clearance signs to warn of clearance limits.

(8) For powered industrial truck (forklift) requirements, see WAC 296-307-520.

Conveyors must be constructed, operated, and maintained according to ANSI B 20.1-1957.

(1) When the return strand of a conveyor operates within seven feet of the floor, there must also be a trough strong enough to carry the weight resulting from a broken chain.

(2) If the strands are over a passageway, a means must be provided to catch and support the ends of the chain in the event of a break.

(3) When the working strand of a conveyor crosses within three feet of the floor level in passageways, a bridge must be provided for employees to cross over the conveyor.

(4) Whenever conveyors pass adjacent to or over working areas or passageways, protective guards must be installed. These guards must be designed to catch and hold any load or materials that may fall off or dislodge and injure an employee.

(5) Employees must be prohibited from walking on the rolls of roller-type conveyors. If employees must walk on roller-type conveyors because of an emergency, the conveyor must be shut off first.

(6) Guards, screens, or barricades that are strong enough to prevent material from falling must be installed on all sides of the shaftway of elevator-type conveyors except at openings where material is loaded or unloaded. Automatic shaftway gates or suitable barriers must be installed at each floor level where material is loaded or unloaded from the platform.

(7) Conveyors must have an emergency stopping device that can be reached from the conveyor. The device must be located near the material entrance to each chopper, mulcher, saw, or similar equipment. The device must be located so that it can stop the conveyor before an employee enters the point of operation of the machine fed by the conveyor.

(8) Where conveyors are over seven feet high, means must be provided to safely permit essential inspection and maintenance operations.

(9) Any part showing signs of significant wear must be inspected carefully and replaced before it creates a hazard.

(10) Replacement parts must be equal to or exceed the manufacturer's specifications.

((You))The employer must comply with the rules and regulations of the state board of health governing sanitation in the workplace. We enforce these regulations according to RCW 43.20.050.

WAC 296-307-240 covers sanitation for employees who normally work in fixed, indoor places of agricultural employment.

((A "))Fixed, indoor workplace((" is)). One where the employees perform a majority of their duties at that site.

This does not cover field employees who only occasionally enter a shop or other farm building as part of their normal duties. Field employees are covered by the field sanitation requirements of WAC 296-307-095.

This section does not cover measures for the control of toxic materials.

(("))Lavatory((" means)). A basin used exclusively for washing hands, arms, face, and head.

(("))Personal service room((" means)). A room used for activities not directly connected with the business function of the employer. Such activities include, but are not limited to, first aid, medical services, dressing, showering, toilet use, washing, and eating.

(("))Potable water((" means)). Water that meets state or local quality standards for drinking water, or water that meets the quality standards of the Environmental Protection Agency's "National Interim Primary Drinking Water Regulations," published in 40 C.F.R., Part 141, and 40 C.F.R. 147.2400.

(("))Toilet facility((" means)). A fixture maintained within a toilet room for the purpose of defecation or urination, or both.

(("))Toilet room((" means)). A room maintained within or on the premises of any place of employment, containing toilet facilities for employee use.

(("))Toxic material((" means)). A material that exceeds a regulatory limit (such as in chapter 296-62 WAC), or toxicity that causes or is likely to cause death or serious physical harm.

(("))Urinal((" means)). A toilet facility maintained within a toilet room for the sole purpose of urination.

(("))Water closet((" means)). A toilet facility maintained within a toilet room for the purpose of both defecation and urination and which is flushed with water.

(("))Wet process((" means)). Any process or operation in a workroom that normally results in walking or standing surfaces becoming wet.

(1) ((You))The employer must ensure that all places of employment are kept clean to the extent that the work allows.

(2) ((You))The employer must ensure that the floor of every workroom is kept as dry as possible. Where wet processes are used, ((you))the employer must maintain drainage. ((You))The employer must provide false floors, platforms, mats, or other dry standing places where practical, or provide appropriate waterproof footgear.

(3) To facilitate cleaning, every floor, working place, and passageway must be kept free from protruding nails, splinters, loose boards and unnecessary holes and openings.

(4) Cleaning and sweeping must be done to minimize dust in the air and when practical, done outside of working hours.

(1) ((You))A common drinking cup and other common utensils are prohibited.

(2) The employer must provide potable water in all places of employment, for drinking, washing of the person, cooking, washing food, washing cooking or eating utensils, washing food preparation or processing premises, and for personal service rooms.

(((2)))(3) Potable drinking water dispensers must be maintained in sanitary condition, be closeable, and have a tap.

(((3)))(4) Open containers for drinking water from which the water must be dipped or poured, even if fitted with a cover, are prohibited.

(((4) A common drinking cup and other common utensils are prohibited.))

(1) ((You))The employer must ensure that nonpotable water is marked as unsafe and is not used for drinking, washing of the person, cooking, washing food, washing cooking or eating utensils, washing food preparation or processing premises, or personal service rooms, or for washing clothes.

(2) Nonpotable water used for cleaning any other work premises must be free of concentrations of chemicals, fecal coliform, or other substances that could create unsanitary conditions or be harmful to employees.

(3) Nonpotable water systems or systems carrying any other nonpotable substance must be constructed to prevent backflow or backsiphonage into a potable water system.

(1) ((You))The employer must provide toilet facilities, with separate toilet rooms for each sex, according to the requirements in the table below. ((You))The employer must provide facilities for each sex based on the number of employees of that sex for whom facilities are furnished.

(2) Where single-occupancy rooms have more than one toilet facility, only one facility in each toilet room counts toward these requirements.

In this table, "number of employees" means the maximum number of employees present at any one time on a regular shift.

(3) Where toilet rooms are occupied by one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided.

(4) Where toilet facilities will not be used by women, urinals may be provided instead of water closets, except that the number of water closets must not be less than 2/3 of the minimum specified.

(5) The sewage disposal method must not endanger the health of employees.

(6) Toilet paper with holder must be provided for every water closet.

(7) Each water closet must occupy a separate compartment with a door and walls or partitions between fixtures high enough to ensure privacy.

((You))The employer must provide facilities for maintaining personal cleanliness in the workplace. The facilities must be convenient for employees and maintained in a sanitary condition.

(1) ((You))The employer must ensure that lavatories are available in all workplaces.

(2) Each lavatory must have hot and cold running water, or tepid running water.

(3) ((You))The employer must provide hand soap or similar cleansing agent.

(4) ((You))The employer must provide individual hand towels, warm air blowers, or clean individual sections of continuous cloth toweling convenient to the lavatories.

(1) Whenever employees are required by a WISHA standard to wear protective clothing because of the possibility of contamination with toxic materials, ((you))the employer must provide change rooms with separate storage facilities for street clothes and for the protective clothing.

(2) If ((you))the employer provides work clothes for employees, they must be dry.

(1) This section applies to workplaces where employees may consume food, beverages, or both on the premises.

(2) No employee may consume food or beverages in a toilet room nor in any area exposed to a toxic material.

(3) If ((your))the workplace exposes employees to injurious dusts or other toxic materials, ((you))the employer must provide a separate lunchroom unless it is convenient for employees to lunch away from the premises. The size of the lunchroom must be based on the maximum number of persons using the room at one time, according to the following table.

(4) ((You))The employer must provide receptacles of smooth, corrosion resistant, easily cleanable, or disposable materials for the disposal of waste food. ((You))The employer must provide enough receptacles to encourage their use and to prevent overfilling. Receptacles must be emptied at least once a working day and maintained in sanitary condition. Receptacles must have a solid tight-fitting cover unless sanitary condition can be maintained without a cover.

(5) No food or beverages may be stored in toilet rooms or in an area exposed to toxic material.

(6) All employee food service facilities and operations must follow sound hygienic principles. If all or part of the food service is provided, the food dispensed must be wholesome and free from spoilage. Food must be processed, prepared, handled, and stored so as to prevent contamination.

(1) ((You))The employer must ensure that any receptacle used for waste or garbage that may rot is constructed so that it does not leak and can be thoroughly cleaned and maintained in a sanitary condition. A receptacle must have a solid tight-fitting cover, unless it can be maintained in a sanitary condition without a cover. Receptacles designed to maintain sanitary condition may be used in place of this requirement.

(2) All sweepings, solid or liquid wastes, refuse, and garbage must be removed to avoid creating a health menace, and as often as necessary to maintain the workplace in a sanitary condition.

Every building with personal service, food preparation, or eating rooms must be constructed, equipped, and maintained to restrict infestation by rodents, insects, and other vermin. ((You))The employer must have a continuing and effective extermination program where vermin are present.

WAC 296-307-280 covers all types and shapes of power transmission belts.

(("))Guarded by location((" means)). That the location of a component eliminates potential hazards. A component seven feet or more above a working surface is considered guarded by location.

(1) All power transmission components must be guarded according to the requirements of this section.

(2) ((You))The employer must protect employees from coming into contact with moving machinery parts by:

(a) A guard or shield or guarding by location; or

(b) A guardrail or fence whenever a guard or shield or guarding by location is infeasible.

(3) Strength and design of guards.

(a) Guards must be designed and located to prevent inadvertent contact with the hazard.

(b) Unless otherwise specified, each guard and its supports must be strong enough to withstand the force that a 250 pound person would exert leaning on or falling against the guard.

(c) Guards must be securely fastened to the equipment or building.

(4) A guard or shield on stationary equipment must be provided at the mesh point or pinch point where the chain or belt contacts the sprocket or pulley.

(5) Machines that will throw stock, material, or objects must be covered or provided with a device designed and constructed to minimize this action. (Machines such as rip saws, rotary mowers and beaters, rotary tillers are included in this classification.)

(6) For requirements relating to the control of hazardous energy (lockout-tagout) see WAC 296-307-320.

(("))Flywheels((")). Include flywheels, balance wheels, and flywheel pulleys mounted and revolving on crankshaft of engine or other shafting.

(("))Prime movers((")). Include steam, gas, oil, and air engines, motors, steam and hydraulic turbines, and other equipment used as a source of power.

(1) Unless guarded by location, flywheels must be guarded according to the following requirements:

(a) Guard enclosures are made of sheet, perforated, or expanded metal, or woven wire.

(b) Guard rails are between 15 and 20 inches from the rim. When a flywheel extends into a pit or is within 12 inches of the floor, a standard toeboard is provided.

(c) When the upper rim of a flywheel extends through a working floor, it is surrounded by a guardrail and toeboard.

(d) Exception: When a flywheel with a smooth rim 5 feet or less in diameter cannot be guarded by the above methods, ((you))the employer must guard by meeting the following requirements:

On the exposed side, cover the flywheel spokes with a disk that makes a smooth surface and edge, and provides for inspection. ((You))The employer may leave an open space, less than 4 inches wide, between the outside edge of the disk and the rim of the wheel, to turn the wheel over. If ((you use)) a disk is used, keys or other projections left uncovered by the projections ((shall))must be cut off or covered.

(e) At the flywheel of a gas or oil engine, ((you))the employer may provide an adjustable guard for starting the engine or for running adjustment. A slot opening for a jack bar is permitted.

(f) For flywheels above working areas, ((you))the employer must install guards that are strong enough to hold the weight of the flywheel if the shaft or wheel mounting fails.

(2) Cranks and connecting rods, when exposed to contact, must be guarded according to WAC 296-307-28046 and 296-307-28048, or by a guardrail according to WAC 296-307-28060.

(3) Tail rods or extension piston rods must be guarded according to WAC 296-307-28046 and 296-307-28048, or by a guardrail on the sides and end, with a clearance of between 15 and 20 inches when rod is fully extended.

Revolving shafts must be guarded by a standard safeguard unless guarded by location.

(1) All shafting must be secured against excessive end movement.

(2) Guarding horizontal shafting.

(a) Unless guarded by location, all exposed parts of horizontal shafting, must be enclosed in a guard that covers the shafting completely or by a trough that covers the sides and top or sides and bottom of the shafting as location requires.

(b) Shafting under bench machines must be enclosed by a guard that covers the shafting completely or by a trough that covers the sides and top or sides and bottom of the shafting as location requires. The sides of the trough must extend to at least 6 inches from the underside of table. If shafting is near the floor, the trough must extend to at least 6 inches from the floor. In every case, the sides of trough must extend at least 2 inches beyond the shafting or projection.

(3) Unless guarded by location, vertical and inclined shafting must be enclosed according to WAC 296-307-28046 and 296-307-28050 through 296-307-28060.

(4) Projecting shaft ends.

(a) Projecting shaft ends must have a smooth edge and end and must not project more than one-half the diameter of the shaft unless guarded by nonrotating caps or safety sleeves.

(b) Unused keyways must be filled up or covered.

(1) Unless guarded by location, pulleys must be guarded according to WAC 296-307-28046 and 296-307-28050 through 296-307-28060. Pulleys serving as balance wheels (e.g., punch presses) on which the point of contact between belt and pulley is more than 6 feet 6 inches from the floor or platform may be guarded with a disk covering the spokes.

(2) If the distance to the nearest fixed pulley, clutch, or hanger is equal to or less than the width of the belt, then ((you))the employer must provide a guide to prevent the belt from leaving the pulley on the side where insufficient clearance exists.

(3) Where there are overhanging pulleys on line, jack, or countershafts with no bearing between the pulley and the outer end of the shaft, ((you))the employer should provide a guide to prevent the belt from running off the pulley.

(4) Pulleys with cracks, or pieces broken out of rims are prohibited.

(5) Pulleys must be designed and balanced for the operating speed.

(6) Composition or laminated wood pulleys must not be installed where they are likely to deteriorate.

(("))Belts((")). Include all power transmission belts, such as flat belts, round belts, V-belts, etc., unless otherwise specified.

(1) Where both runs of horizontal belts are 7 feet or less from the floor level, the guard must extend to at least 15 inches above the belt or to a standard height. (See Table P-1.)

(2) In power development rooms, a guardrail may be used instead of the guard.

(1) Unless guarded by location, overhead horizontal belts must be guarded on the sides and bottom according to WAC 296-307-28054.

(2) Unless guarded by location, horizontal overhead belts must be guarded for their entire length when:

(a) Located over passageways or work places and traveling 1,800 feet or more per minute.

(b) The center to center distance between pulleys is 10 feet or more.

(c) The belt is 8 inches wide or more.

(3) Where the upper and lower runs of horizontal belts are located so that employees can pass between them, the passage must be either:

(a) Completely barred according to WAC 296-307-28046 and 296-307-28050 through 296-307-28060; or

(b) In a passage that employees must use, there must be a platform over the lower run guarded on either side by a railing that is completely filled in with wire mesh or other filler, or by a solid barrier. The upper run must be guarded to prevent contact by the employee or by objects carried by the employee.

(4) Overhead chain and link belt drives must be guarded according to the same requirements as overhead horizontal belts.

(5) American or continuous system rope drives located where the condition of the rope (particularly the splice) cannot be constantly and conveniently observed, must have an alarm (preferably electric-bell type) that will warn when the rope begins to fray.

(1) Vertical and inclined belts must be guarded according to WAC 296-307-28044 and 296-307-28050 through 296-307-28060.

(2) All guards for inclined belts must provide a minimum clearance of 7 feet between belt and floor at any point outside of the guard.

(3) A vertical or inclined belt may be guarded with a nip-point belt and pulley guard, if it is:

(a) 2-1/2 inches wide or less;

(b) Running at a speed of less than one thousand feet per minute; and

(c) Free from metal lacings or fastenings.

(("))Nip-point belt and pulley guard((" means)). A device that encloses the pulley and has rounded or rolled edge slots through which the belt passes.

(4) Vertical belts running over a lower pulley more than seven feet above floor or platform must be guarded according to the same requirements as horizontal overhead belts, if the belt is:

(a) Located over passageways or work places and traveling 1,800 feet or more per minute;

(b) Eight inches wider or more.

(1) The cone belt and pulley must have a belt shifter that adequately guards the nip point of the belt and pulley. If the frame of the belt shifter does not adequately guard the nip point of the belt and pulley, the nip point must be protected by a vertical guard in front of the pulley that extends at least to the top of the largest step of the cone.

(("))Belt shifter((" means)). A device for mechanically shifting belts from tight to loose pulleys or vice versa, or for shifting belts on cones of speed pulleys.

(2) If the belt is endless or laced with rawhide laces, and no belt shifter is used, the belt may be guarded according to the following:

(a) The nip point of the belt and pulley is protected by a nip point guard in front of the cone;

(b) The guard extends at least to the top of the largest step of the cone; and

(c) The guard is formed to show the contour of the cone.

(3) If the cone is less than 3 feet from the floor or working platform, the cone pulley and belt must be guarded to a height of 3 feet regardless of whether the belt is endless or laced with rawhide.

(1) Suspended counterbalanced belt tighteners and all components must be substantially constructed and securely fastened. The bearings must be securely capped. ((You))The employer must provide a mechanism to prevent the tightener from falling in case the belt breaks.

(2) Unless guarded by location, suspended counterweights must be encased to prevent accident.

(3) Belt tighteners used for starting and stopping machinery, unless held by gravity in the "off" or "out of service" position, must have a mechanism that will hold the belt tightener away from the belt when not in use. The mechanism must automatically grip, latch or otherwise fasten itself to and hold the belt tightener in "off" or "out of service" position until released by hand.

(1) Gears must be guarded by one of the following methods:

(a) A complete enclosure; or

(b) A standard guard according to WAC 296-307-28050 through 296-307-28060, at least 7 feet high extending 6 inches above the mesh point of the gears; or

(c) A band guard covering the face of gear. The guard must have flanges extended inward beyond the root of the teeth on the exposed side or sides. If a part of the train of gears guarded by a band guard is less than 6 feet from the floor, the gear must be guarded by a disk guard or by a complete enclosure at least 6 feet tall.

(2) Hand-operated gears used only to adjust hand-powered machine parts may be unguarded. However, we recommend guarding these gears.

(3) Unless guarded by location, all sprocket wheels and chains must be enclosed. Where the drive extends over other machine or working areas, ((you))the employer must provide protection against falling parts.

(4) When gears require frequent oiling, ((you))the employer must provide openings with hinged or sliding self-closing covers. All points not readily accessible must have oil feed tubes if lubricant is added while machinery is in motion.

When exposed to contact, the driving point of all friction drives must be guarded. All arm or spoke friction drives and all web friction drives with holes in the web must be entirely enclosed. When exposed to contact, all projecting belts on friction drives must be guarded.

(1) All projecting keys, set screws, and other projections in revolving parts must be removed, or made flush, or guarded by metal covers.

(2) Projections, such as exposed bolts, keys, or set screws that are part of sprockets, grooved pulleys or pulleys on stationary equipment must be shielded unless guarded by location.

(1) All revolving collars, including split collars, must be cylindrical.

(2) Screws or bolts used in collars must not project beyond the largest periphery of the collar.

(((2)))(3) Shaft couplings must be constructed to prevent hazard from bolts, nuts, set screws, or revolving surfaces. Bolts, nuts, and set screws are permitted where they are covered with safety sleeves or where they are used parallel with the shafting and are countersunk or where they do not extend beyond the flange of the coupling.

((We recommend that you))The department recommends the employer use self-lubricating bearings. All drip cups and pans must be securely fastened.

(1) Unless guarded by location, clutches, cutoff couplings, or clutch pulleys with projecting parts must be enclosed by a stationary guard constructed according to WAC 296-307-28046. ((You))The employer may use a "U" type guard.

(2) In enginerooms, a guardrail, preferably with toeboard, may be used instead of the guard if the room is only occupied by engineroom attendants.

(3) A bearing support next to a friction clutch or cutoff coupling must have self-lubricating bearings that require infrequent maintenance.

(("))Belt pole((")) (sometimes called a (("))belt shipper((")) or (("))shipper pole((") means))). A device used in shifting belts on and off fixed pulleys on line or countershaft where there are no loose pulleys.

(1) Tight and loose pulleys must have a permanent belt shifter with a mechanical means to prevent the belt from creeping from loose to tight pulley.

(2) Belt shifter and clutch handles must be rounded. They must be as far as possible from danger of accidental contact, but within easy reach of the operator. Where belt shifters are not directly over a machine or bench, the handles must be cut off 6 feet 6 inches above floor level.

(3) All belt and clutch shifters of the same type in each shop should move in the same direction to stop machines, i.e., either all right or all left.

(4) When belt poles must be used as a substitute for mechanical shifters, they must be big enough for employees to grasp them securely. Poles must be smooth and preferably of straight grain hardwood, such as ash or hickory. The edges of rectangular poles should be rounded. Poles should extend from the top of the pulley to within approximately 40 inches of the floor or working platform.

(5) Where loose pulleys or idlers are not practical, belt perches such as brackets, rollers, etc., must be used to keep idle belts away from the shafts. Perches should be substantial and designed for safe belt shifting.

(6) Belts that must be shifted by hand and belts within seven feet of the floor or working platform that are not guarded according to WAC 296-307-28046 must not be fastened with metal, nor with any other fastening that creates a hazard.

(1) Standard guards must be made of the following materials:

(a) Expanded metal;

(b) Perforated or solid sheet metal;

(c) Wire mesh on a frame of angle iron; or

(d) Iron pipe securely fastened to the floor or the frame of the machine.

(2) Wire mesh should have wires that are securely fastened at every cross point either by welding, soldering, or galvanizing.

(1) Guards must be free from burrs, sharp edges, and sharp corners.

(2) Expanded metal, sheet or perforated metal, and wire mesh must be securely fastened to the frame by one of the following methods:

(a) Rivets or bolts spaced not more than five inches center to center. In case of expanded metal or wire mesh, metal strips or clips must be used to form a washer for rivets or bolts.

(b) Welding to frame every four inches.

(c) Weaving through channel or angle frame, or, if No. 14 gauge 3/4-inch mesh or heavier is used, by bending entirely around rod frames.

(d) To fill openings in pipe railing with expanded metal, wire mesh, or sheet metal, make the filler material into panels with rolled edges or edges bound with "V" or "U" edging. The edging must be of at least No. 24 gauge sheet metal fastened to the panels with bolts or rivets spaced a maximum of 5 inches center to center. The bound panels must be fastened to the railing by sheet-metal clips spaced a maximum of 5 inches center to center.

(e) Diamond or square mesh made of crimped wire fastened into channels, angle iron, or round-iron frames may also be used as a filler in guards. Size of mesh must correspond to Table P-1.

(3) Where guard design requires filler material greater than 12 square feet, additional frame members must be provided to ensure that the panel area is a maximum of 12 square feet.

(4) All joints of framework must be as strong as the material of the frame.

(1) A disk guard must have a sheet-metal disk of at least No. 22 gauge fastened by U-bolts or rivets to the spokes of pulleys, flywheels, or gears. To prevent contact with sharp edges of the disk, the edge must be rolled or wired. In all cases, the nuts must have locknuts on the unexposed side of the wheel.

(2) A shield guard must have a frame filled in with wire mesh or expanded, perforated, or solid sheet metal.

(3) If the shield area is less than six square feet, the wire mesh or expanded metal may be fastened in a framework of 3/8-inch solid rod, 3/4-inch by 3/4-inch by 1/8-inch angle iron, or a metal construction of equivalent strength. Metal shields may have edges entirely rolled around a 3/8-inch solid iron rod.

(4) A U-guard consisting of a flat surface with edge members must cover the under surface and lower edge of a belt, multiple chain, or rope drive. It must be constructed of materials specified in Table P-1, and must meet the requirements of WAC 296-307-28054 through 296-307-28058. Edges must be smooth and, if the size of the guard requires, be reinforced by rolling, wiring, or by binding with angle or flat iron.

The materials and dimensions specified in this section apply to all guards. The materials and dimensions specified are minimum requirements. ((You))The employer may choose to provide stronger guards.

(1) The framework of all guards must have minimum dimensions of 1-inch by 1-inch by 1/8-inch for angle iron, 3/4-inch inside diameter for metal pipe, or metal construction of equivalent strength.

(a) All guards must be rigidly braced every 3 feet of their height to some fixed part of machinery or building structure. Where a guard is exposed to contact with moving equipment additional strength may be necessary.

(b) The framework for all guards fastened to the floor or working platform and without other support or bracing must consist of 1-1/2-inch by 1-1/2-inch by 1/8-inch angle iron, metal pipe of 1-1/2-inch inside diameter, or metal construction of equivalent strength. All rectangular guards must have at least four upright frame members that extend to the floor and are securely fastened. Cylindrical guards must have at least three supporting members that extend to the floor.

(2) Where guards are exposed to unusual wear, deterioration, or impact, heavier material and construction should be used to protect against the specific hazards involved.

Wood guards may be used where fumes would cause rapid deterioration of metal guards and outdoors where extreme cold or extreme heat make metal guards and railings undesirable.

(1) Wood must be sound, tough, and without loose knots.

(2) Guards must be made of planed lumber not less than 1-inch rough board measure, with rounded edges and corners.

(3) Wood guards must be securely fastened together with wood screws, hardwood dowel pins, bolts, or rivets.

(4) Wood guards must be equal in strength and rigidity to metal guards specified in WAC 296-307-28050 and Table P-1.

(1) Guards for horizontal overhead belts must run the entire length of the belt and follow the line of the pulley to the ceiling or extend to the nearest wall.

(2) The guard and its supporting parts must be securely fastened to the wall or ceiling by gimlet-point lag screws or through bolts. In masonry, expansion bolts must be used. We recommend using bolts placed horizontally through floor beams or ceiling rafters.

(3) When necessary, suitable reinforcement must be provided for the ceiling rafters or overhead floor beams to sustain safely the weight and stress imposed by the guard.

(4) The interior surface of all guards must be smooth and free from projections.

(1) Overhead belt guards must be at least one-quarter wider than the belt they protect, with a maximum clearance of 6 inches on each side. Overhead rope-drive and block and roller-chain-drive guards must be at least ((six))6 inches wider than the drive on each side.

(2) Overhead silent chain-drive guards with the chain held on sprockets must have side clearance of:

(a) On drives of 20-inch centers or less, at least 1/4 inch from the nearest moving chain part, and

(b) On drives of over 20-inch centers, a minimum of 1/2 inch from the nearest moving chain part.

(3) Table 2 gives the sizes of materials and construction specifications for guards for belts that are 10 inches wide or more. All materials for overhead belt guards must be at least the size specified in Table 2 for belts 10 to 14 inches wide, even if the overhead belt is less than 10 inches wide. However, No. 20 gauge sheet metal may be used as a filler on guards for belts less than 10 inches wide. Expanded metal, because of the sharp edges, should not be used as a filler in horizontal belt guards.

(4) For clearance between guards and belts, ropes, or chains see Table P-2.

(1) Overhead-rope and chain-drive guard construction must meet the requirements for overhead-belt guard construction of similar width.

(2) A side guard member of the same solid filling material should extend 2 inches above the level of the lower run of the rope or chain drive and 2 inches within the periphery of the pulleys that the guard encloses, forming a trough.

(3) The side filler members should be reinforced on the edges with 1-1/2-inch by 1/4-inch flat steel, riveted to the filling material at 8 inch centers or less. The reinforcing strip should be fastened or bolted to all guard supporting members with at least one 3/8-inch rivet or bolt at each intersection, and the ends should be secured to the ceiling with lag screws or bolts.

(4) The filling material must be fastened to the framework of the guard and the filler supports by 3/16-inch rivets spaced on 4-inch centers. Measure the width of a multiple drive from the outside of the first to the outside of the last rope or chain in the group accommodated by the pulley.

(1) A guardrail used to guard power transmission parts must be 42 inches tall, with a midrail between the top rail and the floor.

(2) Posts must be 8 feet apart or less. They must be permanent and substantial, smooth, and free from protruding nails, bolts, and splinters. If made of pipe, the post must be at least 1-1/4 inches inside diameter. If posts are made of metal shapes or bars, the section must be as strong as posts made of 1-1/2 by 1-1/2 by 3/16-inch angle iron. If posts are made of wood, the posts must be at least 2 by 4 inches. The upper rail must be 2 by 4 inches, or two 1 by 4 inch strips, one at the top and one at the side of the posts. The midrail must be at least 1 by 4 inches.

(3) The rails (metal shapes, metal bars, or wood), should be on the side of the posts that gives the best protection and support. Where panels are fitted with expanded metal or wire mesh (as noted in Table 1) the middle rails may be omitted. Where guard is exposed to contact with moving equipment, additional strength may be necessary.

(4) Toeboards must be at least 4 inches tall, of wood, metal, or metal grill of a maximum 1-inch mesh. Toeboards at flywheel pits should be placed as close to edge of the pit as possible.

Table P-1

Table P-2

(1) Shafting must be kept in alignment, and free from rust and excess oil or grease.

(2) Where explosives, explosive dusts, flammable vapors or flammable liquids exist, guards must take into account the hazard of static sparks from shafting.

(1) Pulleys must be kept in proper alignment to prevent belts from running off.

(2) Any pulley carrying a nonshifting belt should have a crowned face.

(3) Cast-iron pulleys should be tested frequently with a hammer to detect cracks in rim or spokes. The sound is different depending on whether the belt is or is not on the pulley.

(4) Split pulleys should be inspected to be sure that all bolts holding together the sections of the pulley are tight.

(1) Quarter-twist belts without an idler can be used on drives running in one direction only. They will run off a pulley when direction is reversed.

(2) ((You))The employer must inspect belts, lacings, and fasteners to be sure they are kept in good repair.

(3) Dressing should not be applied when the belt or rope is in motion; but, when necessary, it should be applied where belts or rope leave the pulley, not where they approach. The same precautions apply to lubricating chains. In the case of V-belts, belt dressing is neither necessary nor advisable.

(1) ((You))The employer must inspect all power-transmission equipment at least every sixty days and ensure that it is kept in good working condition at all times.

(2) Bearings must be kept in alignment and properly adjusted.

(3) Hangers must be inspected to ensure that all supporting bolts and screws are tight and that supports of hanger boxes are adjusted properly.

(4) The oilers must wear tightfitting clothing and should use cans with long spouts to keep their hands out of danger. Machinery must be oiled when not in motion, wherever possible.

(("))Augers((" means)). Screw conveyors and related accessories designed primarily for conveying agricultural materials on farms.

(1) Power take-off shafts must be guarded according to WAC 296-307-28046.

(2) All augers must be covered or guarded when exposed to contact.

(3) ((You))The employer must ensure that each sweep auger has its top half shielded by a guard. All guard openings must be no larger than 4 3/4 inches across.

(4) ((You))The employer must ensure that the exposed auger at the hopper and the intake is guarded or designed to prevent accidental contact with the rotating inlet area. The guard must extend at least 2 1/2 inches above and below the exposed auger. Openings in the guard, for the free flow of material, must be no larger than 4 3/4 inches across and must be strong enough to support 250 pounds at mid span.

(5) The hand raising winch must have a control that will hold the auger at any angle, and that will only respond to the control. ((You))The employer must ensure that the operator is able to lower the auger without disengaging the control. The maximum force required on the handle to raise or lower the auger manually must be 50 pounds.

(6) The wire rope lifting pulleys must be grooved to fit the wire rope used.

(7) In order to avoid separation, ((you))the employer must provide a positive restraint between the auger tube and the under-carriage lifting arm. ((You))The employer must provide stops that restrict the maximum raised angle and minimum lowered angle.

(8) Wire ropes (cables) must be rust resistant and selected for the design load and service intended.

(9) ((You))The employer must provide the auger operator with service and operation instructions that include safe operation and servicing practices.

((You))The employer must ensure that auger conveying equipment manufactured after October 25, 1976, is guarded as follows:

(1) Sweep-arm material-gathering mechanisms used on the top surface of materials within silo structures are guarded. The lower or leading edge of the guard is no more than 12 inches above the material surface and no less than 6 inches in front of the leading edge of the rotating member of the gathering mechanism. The guard is parallel to and extends the fullest practical length of the material gathering mechanism.

(2) Exposed auger flighting on portable grain augers is guarded with either grating type guards or solid baffle style covers as follows:

(a) The largest dimensions or openings in grating type guards through which materials flow is 4-3/4 inches. The opening area is a maximum of 10 square inches. The opening is least 2-1/2 inches from the rotating flighting.

(b) Slotted openings in solid baffle style covers are a maximum of 1-1/2 inches wide, or less than 3-1/2 inches from the exposed flighting.

WAC 296-307-300 applies to the guarding and care of farmstead equipment.

(("))Farmstead equipment((" means)). Agricultural equipment normally used in a stationary manner. This includes, but is not limited to, materials handling equipment and accessories for such equipment whether or not the equipment is an integral part of a building.

(1) ((You))The employer must ensure that all power takeoff shafts, including rear-mounted, mid-mounted or side-mounted shafts, are guarded either by a master shield or by other protective guarding. The master shield must be strong enough to prevent damaging the shield when a 250-pound operator mounts or dismounts the tractor using the shield as a step.

(2) Power takeoff driven equipment must be guarded to prevent employee contact with rotating parts of the power drive system. Where power takeoff driven equipment requires removal of the tractor master shield, the equipment must also include protection from any portion of the tractor power takeoff shaft that protrudes from the tractor.

(3) Signs must be placed at prominent locations on power takeoff driven equipment specifying that power drive system safety shields must be kept in place.

(1) All power transmission parts must be guarded according to WAC 296-307-280.

(2) Smooth shafts and shaft ends (without any projecting bolts, keys, or set screws) may be unguarded if they:

(a) Revolve at less than 10 RPM; and

(b) Are part of feed handling equipment used on the top surface of materials in bulk storage facilities.

The following functional components must be shielded to a degree consistent with the intended function and operator's vision of the component:

((•))(1) Snapping or husking rolls;

((•))(2) Straw spreaders and choppers;

((•))(3) Cutterbars;

((•))(4) Flail rotors;

((•))(5) Rotary beaters;

((•))(6) Mixing augers;

((•))(7) Feed rolls;

((•))(8) Rotary tillers; and

((•))(9) Similar units that must be exposed for proper function.

(1) Guards, shields and access doors must be in place when the equipment is in operation.

(2) Where removal of a guard or access door will expose an employee to any component that continues to rotate after the power is disengaged, ((you))the employer must provide in the immediate area, a safety sign warning the employee:

(a) To look and listen for evidence of rotation; and

(b) To refrain from removing the guard or access door until all components have stopped.

(3) On equipment manufactured after October 25, 1976, a readily visible or audible warning of rotation is required.

(1) ((You))The employer must ensure that only the employee maintaining or servicing equipment has control of the electrical power source by:

(a) Providing an exclusive, positive locking means on the main switch that can be operated only by the employee performing the maintenance or service; or

(b) For material handling equipment in a bulk storage structure, by providing on the equipment an electrical or mechanical means to disconnect the power. Minimum lockout means must meet the requirements of WAC 296-307-320.

(2) All circuit protection devices, including those that are an integral part of a motor, must have a manual reset, except where:

(a) A manual reset is infeasible because of the nature of the operation, distances involved, and the amount of time normally spent by employees in the area of the affected equipment;

(b) An electrical disconnect switch is available to the employee within fifteen feet of the equipment being maintained or serviced; and

(c) A sign, prominently posted near each hazardous component, warns the employee that unless the electrical disconnect switch is utilized, the motor could automatically reset while the employee is working on the hazardous component.

(1) ((You))The employer must ensure that carton or bag stitching machines are properly safeguarded to prevent anyone from coming in contact with the stitching head and other pinch or nip points.

(2) The point of operation of all machines must be guarded. The guard must be designed and constructed to prevent the operator from having any part of the body in the danger zone during the operating cycle.

(1) WAC 296-307-320 covers the servicing and maintenance of machines and equipment in which the unexpected start up of the machine or equipment or release of stored energy could cause injury to employees. This standard establishes minimum performance requirements for the control of such hazardous energy.

(2) Normal production operations are not covered by this standard. Servicing and/or maintenance that takes place during normal production operations is covered by this standard only if:

(a) An employee is required to remove or bypass a guard or other safety device; or

(b) An employee is required to place a body part into a point of operation or where an associated danger zone exists during a machine operating cycle.

(1) WAC 296-307-320 does not apply to work on cord and plug connected electric equipment when:

(a) Unexpected energization or start up of the equipment is controlled by unplugging the equipment from the energy source; and

(b) The plug is under the exclusive control of the employee performing the servicing or maintenance.

(2) WAC 296-307-320 does not apply to hot tap operations involving transmission and distribution systems for substances such as gas, steam, water, or petroleum products when they are performed on pressurized pipelines, when:

(a) Continuity of service is essential;

(b) Shutdown of the system is impractical; and

(c) Documented procedures are followed, and special equipment is used that will provide proven effective protection for employees.

(3) WAC 296-307-320 does not cover exposure to electrical hazards from work on, near, or with conductors or equipment in electric utilization installations. These hazards are covered in chapter 296-307 WAC Part T.

(("))Affected employee((" means)). An employee who uses a machine or equipment while it is serviced or maintained under lockout or tagout, or who works where such servicing or maintenance is being performed.

(("))Authorized employee((" means)). A person who locks out or tags out machines or equipment in order to perform servicing or maintenance on that machine or equipment. An affected employee becomes an authorized employee when that employee's duties include performing servicing or maintenance covered under this part.

(("))Capable of being locked out((" means)). An energy isolating device that has a hasp or other means for a lock to be affixed, or has a locking mechanism built into it. It also means that the device can be locked out without dismantling, rebuilding, or replacing the energy isolating device or permanently altering its energy control capability.

(("))Energized((" means)). Connected to an energy source or containing residual or stored energy.

(("))Energy isolating device((" means)). A mechanical device that physically prevents the transmission or release of energy, including but not limited to the following:

((•))(a) A manually operated electrical circuit breaker;

((•))(b) A disconnect switch;

((•))(c) A manually operated switch with conductors of circuit that can be disconnected from all ungrounded supply conductors and allows no pole to operate independently;

((•))(d) A line valve;

((•))(e) A block; and

((•))(f) Any similar device used to block or isolate energy.

Push buttons, selector switches, and other control circuit devices are not energy isolating devices.

(("))Energy source((" means)). Any source of electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other energy, including gravity.

(("))Hot tap((" means)). A procedure used in repair, maintenance, and service activities that involves welding on a piece of equipment (pipelines, vessels, or tanks) under pressure, in order to install connections or accessories. It is commonly used to replace or add sections of pipeline without the interruption of service for air, gas, water, steam, and petrochemical distribution systems.

(("))Lockout((" means)). Placing a lockout device on an energy isolating device, in accordance with an established procedure, to ensure that the energy isolating device and the equipment being controlled cannot be operated until the lockout device is removed.

(("))Lockout device((" means)). A device with a positive means such as a lock (key or combination type) to hold an energy isolating device in the safe position and prevents the energizing of a machine or equipment. Blank flanges and bolted slip blinds are included.

(("))Normal production operations((" means)). Using a machine or equipment for its intended production function.

(("))Servicing and/or maintenance((" means)). Workplace activities such as constructing, installing, setting up, adjusting, inspecting, modifying, and maintaining and/or servicing machines or equipment. These activities include lubrication, cleaning, or unjamming of machines or equipment and making adjustments or tool changes, where the employee may be exposed to the unexpected energization or start up of the equipment or release of hazardous energy.

(("))Setting up((" means)). Any work performed to prepare a machine or equipment to perform its normal production operation.

(("))Tagout((" means)). Placing a tagout device on an energy isolating device, according to an established procedure, to indicate that the energy isolating device and the equipment being controlled must not be operated until the tagout device is removed.

(("))Tagout device((" means)). A prominent warning device, such as a tag and attachment, that can be securely fastened to an energy isolating device according to an established procedure, to indicate that the energy isolating device and the equipment being controlled must not be operated until the tagout device is removed.

((You))The employer must establish a written energy control program consisting of:

((•))(1) An energy control procedure;

((•))(2) Employee training; and

((•))(3) Periodic inspections.

The purpose of the program is to ensure that before any employee services or maintains a machine or equipment where the unexpected energizing, start up, or release of stored energy could occur and cause injury, the machine or equipment is isolated from the energy source, and rendered inoperative.

(1) If an energy isolating device is not capable of being locked out, ((your))the employer's energy control program must use a tagout system.

(2) If an energy isolating device is capable of being locked out, ((your))the employer's energy control program must use lockout unless a tagout system will provide full employee protection according to WAC 296-307-32011.

(3) Whenever major replacement or major repair, renovation, or modification of a machine or equipment is performed, and whenever new machines or equipment are installed, energy isolating devices for such machines or equipment must be designed to accept a lockout device.

(1) ((You))The employer must ensure that when a tagout device is used on an energy isolating device that is capable of being locked out, the tagout device is attached at the same location that the lockout device would have been attached. ((You))The employer must also ensure that the tagout program will provide safety that is equivalent to a lockout program.

(2) To demonstrate that a tagout program provides safety that is equivalent to a lockout program, ((you))the employer must demonstrate full compliance with all tagout requirements and any other measures necessary to provide equivalent safety. Other measures include:

(a) Implementing additional safety measures such as the removal of an isolating circuit element;

(b) Blocking a controlling switch;

(c) Opening an extra disconnecting device; or

(d) Removing a valve handle to reduce the likelihood of inadvertent energization.

(1) ((You))The employer must develop, document, and use procedures to control potentially hazardous energy when employees are engaged in activities covered by this section.

(2) The procedures must clearly and specifically outline the scope, purpose, authorization, rules, and techniques for the control of hazardous energy, and the means to enforce compliance including, but not limited to, the following:

(a) A specific statement of the intended use of the procedure;

(b) Specific procedural steps for shutting down, isolating, blocking, and securing machines or equipment to control hazardous energy;

(c) Specific procedural steps for the placement, removal, and transfer of lockout devices or tagout devices and the responsibility for them; and

(d) Specific requirements for testing a machine or equipment to determine and verify the effectiveness of lockout devices, tagout devices, and other energy control measures.

(1) ((You))The employer must provide locks, tags, chains, wedges, key blocks, adapter pins, self-locking fasteners, or other hardware for isolating, securing, or blocking machines or equipment from energy sources.

(2) Lockout and tagout devices must be singularly identified; must be the only device(s) used for controlling energy; must not be used for other purposes.

(3) Lockout and tagout devices must be durable and meet the following requirements:

(a) Lockout and tagout devices must be able to withstand the environment to which they are exposed for the maximum period of time that exposure is expected.

(b) Tagout devices must be constructed and printed so that exposure to weather conditions or wet and damp locations will not deteriorate the tag or make the tag's message illegible.

(c) Tags must not deteriorate when used in corrosive environments such as areas where acid and alkali chemicals are handled and stored.

(4) Lockout and tagout devices must be the same within the facility in at least color, shape, or size. Also, tagout devices must have the same print and format.

(5) Lockout and tagout devices must be substantial and meet the following requirements:

(a) Lockout devices must be substantial enough to prevent removal without the use of excessive force or unusual techniques, such as with the use of bolt cutters or other metal cutting tools.

(b) Tagout devices and their means of attachment must be substantial enough to prevent accidental removal. Tagout device attachment means must be single-use, attachable by hand, self-locking, releasable with an unlocking strength of at least 50 pounds, and having the general design and basic characteristics of being at least equivalent to a one-piece, all-environment-tolerant nylon cable tie.

(c) Lockout and tagout devices must indicate the name of employee applying the device(s).

(6) Tagout devices must warn against hazardous conditions if the machine or equipment is energized and must include a message such as: "Do not start," "do not open," "do not close," "do not energize," "do not operate."

(1) ((You))The employer must conduct an inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are followed.

(a) An authorized employee, other than the one(s) using the energy control procedure, must perform the inspection.

(b) The inspection must be conducted to correct any deviations or inadequacies identified.

(c) Where lockout is used for energy control, the inspection must include a review, between the inspector and each authorized employee, of that employee's responsibilities under the energy control procedure.

(d) Where tagout is used for energy control, the inspection must include a review, between the inspector and each authorized and affected employee, of that employee's responsibilities under the energy control procedure, and the elements of WAC 296-307-32021.

(2) ((You))The employer must certify that the inspections have been performed. The certification must identify the machine or equipment on which the energy control procedure was being used, the date of the inspection, the employees included in the inspection, and the person performing the inspection.

((You))The employer must provide training to ensure that employees understand the purpose and function of the energy control program, and that employees have the knowledge and skills required for the safe application, use, and removal of the energy controls. The training must include the following:

(1) Each authorized employee must receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control.

(2) Each affected employee must be instructed in the purpose and use of the energy control procedure.

(3) All other employees who work in an area where energy control procedures must be used, must be instructed about the procedure and the prohibition against attempting to restart or reenergize machines or equipment that are locked out or tagged out.

When tagout systems are used, employees must also be trained in the following limitations of tags:

(1) Tags are warning devices affixed to energy isolating devices, and do not provide the physical restraint on those devices that is provided by a lock.

(2) When a tag is attached to an energy isolating means, it is not to be removed without approval of the authorized person responsible for it, and it is never to be bypassed, ignored, or otherwise defeated.

(3) Tags must be legible and understandable by all authorized, affected, and other employees working in the area.

(4) Tags and their means of attachment must be made of materials that will withstand the environmental conditions encountered in the workplace.

(5) Tags may create a false sense of security, and their meaning needs to be understood as part of the overall energy control program.

(6) Tags must be securely attached to energy isolating devices so that they cannot be accidentally detached during use.

(1) Authorized and affected employees must be retrained whenever there is a change in job assignments, machines, equipment, or processes that present a new hazard, or when there is a change in the energy control procedures.

(2) Additional retraining must also be provided whenever an inspection reveals, or whenever ((you))the employer believes, that the employee's knowledge or use of the energy control procedures is inadequate.

(3) Retraining must reestablish employee proficiency and introduce new or revised control methods and procedures, as necessary.

((You))The employer must keep records that certify that employee training has been completed and is up to date. The records must contain each employee's name and dates of training.

Lockout or tagout must be performed only by authorized employees performing the service or maintenance.

Affected employees must be notified of the application and removal of lockout or tagout devices. Notification must be given before controls are applied and after they are removed.

The established lockout or tagout procedures must cover the following elements in the following sequence:

Machinery or equipment shutdown before lockout or tagout:

(1) Before an authorized or affected employee turns off a machine or equipment, the authorized employee must have knowledge of the type and magnitude of the energy, the hazards of the energy to be controlled, and the method or means to control the energy.

(2) The machine or equipment must be turned off or shut down using the procedures established for the machine or equipment. The shutdown must be done in the prescribed order to avoid increased hazards to employees.

(3) All necessary energy isolating devices must be physically located and operated in such a manner as to isolate the machine or equipment from the energy source.

Application of the lockout or tagout device:

(4) Lockout or tagout devices must be affixed to each energy isolating device by authorized employees.

(5) Lockout devices, where used, must be affixed in a manner that will hold the energy isolating devices in a "safe" or "off" position.

(6) Tagout devices, where used, must be affixed in such a manner as will clearly indicate that the operation or movement of energy isolating devices from the "safe" or "off" position is prohibited.

(a) Where tagout devices are used with energy isolating devices designed with the capability of being locked, the tag attachment must be fastened at the same point at which the lock would have been attached.

(b) Where a tag cannot be affixed directly to the energy isolating device, the tag must be located as close as safely possible to the device, in a position that will be immediately obvious to anyone attempting to operate the device.

Eliminating the hazards of stored energy:

(7) After applying lockout or tagout devices to energy isolating devices, all potentially hazardous stored or residual energy must be relieved, disconnected, restrained, and otherwise rendered safe.

(8) If there is a possibility of reaccumulation of stored energy to a hazardous level, verification of isolation must be continued until the servicing or maintenance is completed, or until the possibility of such accumulation no longer exists.

Before beginning service or maintenance:

(9) Prior to starting work on machines or equipment that have been locked out or tagged out, the authorized employee must verify that the machine or equipment has been isolated and deenergized.

(1) Before removing lockout or tagout devices, the authorized employee must complete the following procedures:

(a) Inspect the work area to ensure that nonessential items have been removed and to ensure that machine or equipment components are operationally intact.

(b) Check the work area to ensure that all employees have been safely positioned or removed.

(2) After lockout or tagout devices have been removed and before a machine or equipment is started, affected employees must be notified that the lockout or tagout device(s) have been removed.

(3) Each lockout or tagout device must be removed from each energy isolating device by the authorized employee who applied the device.

((You))The employer must ensure that the specific procedure provides equivalent safety to the removal of the device by the authorized employee who applied it. The specific procedure must include at least the following elements:

(a) Verification by the employer that the authorized employee who applied the device is not at the facility;

(b) Making all reasonable efforts to inform the authorized employee that the lockout or tagout device has been removed; and

(c) Ensuring that the authorized employee has this knowledge before resuming work at that facility.

When lockout or tagout devices must be temporarily removed from the energy isolating device and the machine or equipment energized to test or position the machine or equipment, the following sequence of actions must be followed:

(1) Clear the machine or equipment of tools and materials according to WAC 296-307-32033 (1)(a).

(2) Remove employees from the machine or equipment area according to WAC 296-307-32033 (1)(b).

(3) Remove the lockout or tagout devices as specified in WAC 296-307-32033(3).

(4) Energize and proceed with testing or positioning.

(5) Deenergize all systems and reapply energy control measures in accordance with WAC 296-307-32031 to continue the servicing and/or maintenance.

(1) Whenever outside servicing contractors are to be engaged in activities covered by this standard, ((you))the employer and the outside employer must inform each other of ((your))the employer's respective lockout or tagout procedures.

(2) The outside employer must ensure that employees understand and comply with the restrictions and prohibitions of ((your))the employer's energy control program.

(1) When servicing and/or maintenance is performed by a crew or other group, they must use a procedure that provides a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device.

(2) Group lockout or tagout devices must be used according to the procedures required by WAC 296-307-32013 including, but not limited to, the following:

(a) An authorized employee has primary responsibility for a set number of employees working under the protection of a group lockout or tagout device (such as an operations lock); and

(b) A method for the authorized employee to determine if individual group members are exposed to release of stored energy hazards; and

(c) When more than one crew or group is involved, assignment of overall lockout or tagout control responsibility to an authorized employee designated to coordinate individual group members and ensure continuity of protection; and

(d) Each authorized employee must affix a personal lockout or tagout device to the group lockout device when beginning work, and must remove those devices when the work is complete.

During shift or personnel changes, ((you))the employer must ensure that employees follow specific procedures to ensure the continuity of lockout or tagout protection. The procedures must include orderly transfer of lockout or tagout protection between off-going and oncoming employees, to minimize exposure to hazards from the unexpected energization or start up of the machine or equipment, or release of stored energy.

(("))Accident prevention sign((" ("sign") means))(sign). A surface with text or pictographs, meant to warn or instruct employees who may be exposed to hazards. Safety posters and education bulletins are not included in this definition.

(("))Accident prevention tag((" ("tag") means))(tag). A card that identifies a hazardous condition, generally related to unsafe equipment.

(("))Major message((" means)). The sign's or tag's text that is more specific than the signal word and that identifies the specific hazardous condition or safety instruction. Examples include: "High Voltage," "Close Clearance," "Do Not Start," or "Do Not Use" or a corresponding pictograph.

(("))Pictograph((" means)). A pictorial representation that identifies a specific hazardous condition or safety instruction.

(("))Signal word((" means)). The sign's or tag's text that contains the word, usually "danger" or "caution" that is intended to capture the employee's immediate attention.

Use red to identify:

(1) Fire protection equipment;

(2) Safety cans or other portable containers of flammable liquids;

(3) Danger signs and tags;

(4) Emergency stop bars on hazardous machines; and

(5) Stop buttons or electrical switches used to stop machinery in an emergency((;)).

Red lights must be provided at barricades and at temporary obstructions, as specified in ANSI Safety Code for Building Construction, A10.2-1944.

Use yellow to identify:

(1) Caution signs and tags; and

(2) Physical hazards.

(1) Danger signs and tags.

(a) Use danger signs and tags when an immediate hazard presents a threat of death or serious injury to employees.

(b) Instruct all employees that danger signs and tags indicate immediate danger and that special precautions are necessary.

(2) Caution signs and tags.

(a) Use caution signs and tags to warn against potential hazards or to caution against unsafe practices.

(b) Instruct all employees that caution signs and tags indicate a possible hazard against which proper precaution should be taken.

(1) All signs must have rounded or blunt corners and be free from sharp edges. The ends or heads of bolts or other fastening devices must be located so that they do not constitute a hazard.

(2) Danger, caution, directional, informational, exit, and safety instruction signs must comply with the specification of safety colors of the ANSI Z53.1-1971.

(1) Use tags as a temporary means of warning employees of a hazardous condition, especially defective equipment. Tags are not a complete warning method, but should be used until the hazard can be eliminated.

For example: ((You))The employer may use a "do not start" tag on power equipment for a short time until the switch in the system can be locked out; ((you))the employer may use a "defective equipment" tag on a damaged ladder while arrangements are made for the ladder to be taken out of service and repaired.

(2) Use of accident prevention tags.

(a) Use tags as a warning to prevent accidental injury or illness to employees who are exposed to hazardous or potentially hazardous conditions, equipment or operations that are out of the ordinary, unexpected or not readily apparent.

(b) Use tags until the identified hazard is eliminated or the hazardous operation is completed. Tags are not necessary if signs, guarding, or other protection is used.

(c) Place "do not start" tags in a conspicuous location and, if possible, so that they block the starting mechanism that would cause hazardous conditions if the equipment was energized.

(3) General accident prevention tag specifications.

(a) Tags must contain a signal word and a major message. The signal word must be either "danger" or "caution."

(b) The signal word must be readable at least five feet from the hazard.

(c) The signal word and the major message must be understandable to all employees who may be exposed to the identified hazard.

(d) Inform all employees of the meaning of the tags used throughout the workplace and what special precautions are necessary.

(e) Attach tags as closely as is safely possible to the hazard. Attach the tags so as to prevent loss or unintentional removal.

(f) The tag and attachment method must be constructed of material that is not likely to deteriorate.

(4) ((You))The employer may use warning tags to represent a hazard level between "caution" and "danger," instead of the required "caution" tag, if they have a signal word of "warning" and an appropriate major message.

(5) Use "out of order" tags only to indicate that a piece of equipment, machinery, etc., is out of order and that it might present a hazard if used.

(1) WAC 296-307-340 applies to the placement, use, maintenance, and testing of portable fire extinguishers provided for employee use. WAC 296-307-34012 does not apply to extinguishers provided for employee use on the outside of workplace buildings or structures. If ((you do))the employer does not intend for employees to use extinguishers, and ((your))the employer's emergency action plan and fire prevention plan meet the requirements of WAC 296-307-35018, then only the requirements of WAC 296-307-34015 and 296-307-34018 apply.

(2) All standpipe and hose systems, automatic sprinkler systems, fixed extinguishing systems, dry-chemical fixed extinguishing systems, water-spray and foam, and fire detection systems, must be installed according to state and local ordinances, codes, and regulations governing such installations.

(1) ((You are))The employer is exempt from all requirements of this section, if:

(a) ((You have))The employer has implemented a written fire safety policy that requires all employees to evacuate immediately when the fire alarm sounds; and

(b) ((You have))The employer has an emergency action plan and a fire prevention plan meeting the requirements of WAC 296-307-35015 and 296-307-35018; and

(c) Extinguishers are not available for employee use in the workplace.

(2) ((You are))The employer is exempt from the distribution requirements in WAC 296-307-34012, if:

(a) ((You have))The employer has an emergency action plan meeting the requirements of WAC 296-307-35015 that authorizes only certain employees to use the available portable fire extinguishers; and

(b) The plan requires all other employees to evacuate immediately when the fire alarm sounds.

(1) ((You))The employer must provide portable fire extinguishers that are readily accessible to employees without subjecting the employees to possible injury.

(2) ((You))The employer must only use approved portable fire extinguishers.

(3) Portable fire extinguishers using carbon tetrachloride or chlorobromomethane extinguishing agents are prohibited.

(4) Water type fire extinguishers with a soldered or riveted shell that use self-generating soda acid or self-generating foam or gas cartridges are prohibited.

(5) ((You))The employer must ensure that all portable fire extinguishers are fully charged, operable, and kept in their designated places at all times except during use.

(6) ((You))The employer must ensure that all portable fire extinguishers are tested, constructed, and used according to the National Fire Protection Association's pamphlet No. 10A-1970.

(7) ((You))The employer must post "no smoking" signs in areas where fire or explosion hazards exist. ((You))The employer must prohibit smoking within fifty feet of all refueling operations. Take precautions to prevent open flames, sparks, or electric arcs in refueling areas.

(8) ((You))The employer must keep a portable fire extinguisher with a rating of at least 12-B units outside the door of any room used to store flammables or combustibles. This extinguisher must not be more than ten feet from the door.

(1) ((You))The employer must select and distribute portable fire extinguishers based on the classes of anticipated workplace fires and on the size and degree of hazard that would affect their use.

(2) Distribution of portable fire extinguishers.

(a) For Class A fires: ((You))The employer must distribute portable fire extinguishers so that no employee must travel more than 75 feet (22.9 m) to a fire extinguisher.

(b) For Class B fires: ((You))The employer must distribute portable fire extinguishers so that no employee must travel more than 50 feet (15.2 m) to a fire extinguisher.

(c) For Class C fires: ((You))The employer must distribute portable fire extinguishers on the basis of the appropriate pattern for the existing Class A or Class B hazards.

(d) For Class D fires: ((You))The employer must distribute portable fire extinguishers or other containers of Class D extinguishing agent so no employee must travel more than 75 feet (22.9 m) from the combustible metal working area to any extinguishing agent. Portable fire extinguishers for Class D hazards are required in those combustible metal working areas where combustible metal powders, flakes, shavings, or similarly sized products are generated at least once every two weeks.

(1) ((You are))The employer is responsible for the inspection, maintenance, and testing of all portable fire extinguishers in the workplace.

(2) ((You))The employer must visually inspect portable extinguishers or hose at least once a month.

(3) ((You))The employer must ensure that portable fire extinguishers receive an annual maintenance check. ((You))The employer must keep records of the maintenance dates for one year after the previous entry or the life of the shell, whichever comes first. ((You))The employer must provide us with a copy of the record if we ask for it.

(4) ((You))The employer must ensure that stored-pressure dry chemical extinguishers that require a twelve-year hydrostatic test are emptied and undergo applicable maintenance procedures every six years.

The six years begins when recharging or hydrostatic testing is performed.

(5) ((You))The employer must ensure that alternate equivalent protection is provided when portable fire extinguishers are removed from service for maintenance and recharging.

(1) ((You))The employer must ensure that a trained person performs hydrostatic testing with suitable testing equipment and facilities.

(2) ((You))The employer must ensure that portable extinguishers are hydrostatically tested at the intervals listed in the table below.

(3) In addition to an external visual examination, ((you))the employer must ensure that the cylinders and shells are examined internally before the hydrostatic testing.

(4) ((You))The employer must ensure that portable fire extinguishers are hydrostatically tested whenever they show new evidence of corrosion or mechanical injury.

(5) ((You))The employer must ensure that hydrostatic tests are performed on extinguisher hose assemblies that are equipped with a shut-off nozzle at the discharge end of the hose. The test interval must be the same as specified for the extinguisher on which the hose is installed.

(6) Carbon dioxide hose assemblies with a shut-off nozzle must be hydrostatically tested at 1,250 psi (8,620 kPa).

(7) Dry chemical and dry powder hose assemblies with a shut-off nozzle must be hydrostatically tested at 300 psi (2,070 kPa).

(8) Hose assemblies passing a hydrostatic test do not require any type of recording or stamping.

(9) ((You))The employer must ensure that hose assemblies for carbon dioxide extinguishers that require a hydrostatic test are tested within a protective cage device.

(10) ((You))The employer must ensure that carbon dioxide extinguishers and nitrogen or carbon dioxide cylinders used with wheeled extinguishers are tested every five years at 5/3 of the service pressure as stamped into the cylinder. Nitrogen cylinders that comply with 29 C.F.R. 173.34 (e)(15) may be hydrostatically tested every ten years.

(11) ((You))The employer must ensure that all stored pressure and Halon 1211 types of extinguishers are hydrostatically tested at the factory test pressure not to exceed two times the service pressure.

(12) ((You))The employer must ensure that self-generating type soda acid and foam extinguishers are tested at 350 psi (2,410 kPa).

(13) Air or gas pressure used for hydrostatic testing is prohibited.

(14) ((You))The employer must remove from the workplace all extinguisher shells, cylinders, or cartridges that fail a hydrostatic pressure test, or that are not fit for testing.

(15)(a) Water-jacket equipment must be used for testing compressed gas type cylinders. The equipment must have an expansion indicator that operates with an accuracy within one percent of the total expansion or 0.1 cc (.1 mL) of liquid.

(b) The following equipment must be used to test noncompressed gas type cylinders:

(i) A hydrostatic test pump, hand or power operated, capable of producing not less than one hundred fifty percent of the test pressure, which must include appropriate check valves and fittings;

(ii) A flexible connection for attachment to fittings to test through the extinguisher nozzle, test bonnet, or hose outlet, as is applicable; and

(iii) A protective cage or barrier for personal protection of the tester, designed to provide visual observation of the extinguisher under test.

(16) ((You))The employer must maintain records of the hydrostatic testing. ((Your))Their records must include:

((•))(a) The date of test;

((•))(b) The test pressure used;

((•))(c) The serial number, or other identifier of the fire extinguisher that was tested; and

((•))(d) The person or agency performing the test.

((You))The employer must keep the records until the next testing, or until the extinguisher is taken out of service, whichever comes first. ((You))The employer must provide us with copies of the records if we ask for them.