WSR 98-20-079

EXPEDITED ADOPTION

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed October 6, 1998, 1:06 p.m.]

Title of Rule: Chapter 296-24 WAC, General safety and health standards.

Subject of this Rule Making: First-aid relating to chapter 296-56 WAC, Longshore, stevedore and related waterfront operations.

Purpose: State-initiated proposed amendments are made to delete a reference to chapter 296-56 WAC in WAC 296-24-06105, which exempts applicability of the general safety standard first aid requirements to longshore, stevedore and related waterfront industries. This exemption exists because first aid requirements are currently included in the vertical standard.

However, under a recent rule amendment proposal.* to the longshoring standard (chapter 296-56 WAC), the department proposed replacing existing first aid requirements in chapter 296-56 WAC with a reference to first aid requirements in the general safety standard. Due to an inadvertent oversight, the department did not propose deleting the exemption in chapter 296-24 WAC. It is necessary for the general standard exemption to be removed for first aid requirements to be applicable to longshoring industries once proposed amendments to chapter 296-56 WAC are adopted. If adoption occurred without removing the exemption, first aid requirements would not exist for industries covered by the longshoring standard.

Current general standard first aid requirements became effective on June 1, 1998. A small business economic impact statement was not required because the proposed rule reduced the overall economic burden on business and did not place more than minor economic impact on business. The current longshoring standard proposal also states a small business economic impact statement is not required because the changes "… correct typographical errors, and change language without changing its effect."

An expedited adoption proposal is appropriate in this situation because it merely corrects a filing oversight to an earlier proposal, which corrected typographical errors and changed language without changing its effect. RCW 34.05.356 (1)(c) allows an agency to file an expedited adoption proposal when "the proposed rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect."

(Note: No public comments relating to the proposed chapter 296-56 WAC first aid amendments were received at or following the September 22, 1998, public hearing.)

Alternatives to filing an expedited adoption proposal are to:

File an emergency adoption to remove the exemption from the general standard on the same day the longshoring standard amendments become effective. This would ensure worker safety and health protection on an interim basis only. Because an emergency adoption is not a permanent adoption, the Administrative Procedure Act (chapter 34.05 RCW) requires the department initiate the normal promulgation process (a lengthy legal process) to permanently amend the rule. This action would delay the effective date of the current longshoring standard proposal since it would be necessary for both adoptions to become effective on the same day to ensure worker safety and health protection.

Delay adoption of the current longshoring standard proposal until the exemption is removed, which would require initiation of the normal promulgation process to permanently remove the exemption from the general standard. Delaying adoption would be necessary because both adoptions must become effective on the same day to ensure worker safety and health protection. This alternative would also delay adoption of federally-initiated amendments to the longshoring standard the department is legally required to adopt under the WISHA Act (chapter 49.17 RCW).

Withdraw the previously proposed first aid amendments to chapter 296-56 WAC and repropose amendments to both standards at a later date. This alternative would require the department initiate the normal promulgation process to permanently amend the standards, which would delay adoption for several months.

.*See Washington State Register 98-17-079, dated September 2, 1998.

Statutory Authority for Adoption: RCW 49.17.040.

Statute Being Implemented: RCW 49.17.010, [49.17].050, [49.17].060.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, Washington, (360) 902-5530; Implementation and Enforcement: Michael Silverstein, Tumwater, Washington, (360) 902-5495.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Selwyn Walters, Department of Labor and Industries, Office of the Legislative Liaison, P.O. Box 44001, Olympia, WA 98504-4001, AND RECEIVED BY November 21, 1998.

October 6, 1998

Gary Moore

Director

OTS-2485.1

AMENDATORY SECTION (Amending WSR 98-06-061, filed 3/2/98, effective 6/1/98)

WAC 296-24-06105  What workplaces does this rule apply to? This rule applies to all workplaces, except for the ones listed below. They are, instead covered by separate individual rules (vertical standards):

[Statutory Authority: Chapter 49.17 RCW. 98-06-061, § 296-24-06105, filed 3/2/98, effective 6/1/98.]

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