Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, [49.17].040, [49.17].050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The state plan agreement, which authorizes Washington state to operate the state industrial safety and health program, requires Washington to adopt regulations at least as effective as all OSHA codes. OSHA adopted 29 CFR 1903.19, Abatement Verification, on March 31, 1997. Federal document STP 2.23, Final Rule on Abatement Verification, advises Washington that it must adopt rules at least as effective.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies (other than OSHA) are known that regulate abatement of WISHA violations.

Process for Developing New Rule: The department must adopt rules identical to or at least as effective as OSHA rules as required by the OSHA/WISHA state plan agreement. Parties interested in the formulation of these rules for proposal may contact the individuals listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Project Manager, Michael McCauley, Management Analyst, phone (360) 902-5779, FAX (360) 902-5529; Technical Specialist, Roger Dickey, Safety and Health Specialist, phone (360) 902-5476, FAX (360) 902-5438; Department of Labor and Industries, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620.

June 2, 1998

Gary Moore

Director