WSR 98-20-105
PREPROPOSAL STATEMENT OF INQUIRY
UTILITIES AND TRANSPORTATION
COMMISSION
[Commission Docket No. TR-981101--Filed October 7, 1998, 11:23 a.m.]
Subject of Possible Rule Making: To review sanitation and clearance issues as they affect the workplace and to comply with Executive Order 97-02. Chapter 480-60 WAC, Railroad companies--Clearance and chapter 480-66 WAC, Railroad companies--Sanitation.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, 81.44.010, 81.44.020.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules already exist in chapters 480-60 and 480-66 WAC. Their purpose is to provide objective standards for a safe and healthy work environment for persons who work on or around railroad cars. This inquiry is needed to review the regulations in light of changed conditions. They also must be reviewed for compliance with the standards set forth in Governor's Executive Order 97-02.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington State Department of Labor and Industries and the federal OSHA also regulate this subject generally. Although they do not regulate railroads, consistency across industries is appropriate. Staff will review regulations issued by those agencies, and will solicit input from railroad management and labor. The Federal Railroad Administration (FRA) can regulate in this area. Staff will coordinate directly with FRA personnel to ensure consistency and legality in light of any federal requirements. Staff will also review standards in other states in FRA Region 8 to try to develop standards which are relatively uniform throughout the region.
Process for Developing New Rule: Agency study; and the commission will call for written comments, and may provide the opportunity for additional written comments. The commission will schedule an informal workshop with interested persons in a manner designed to develop consensus regarding any rule proposal.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, (360) 664-1174, fax (360) 586-1150. Such persons may submit comments, as specified below, or may ask to be included in the commission's list of interested persons for the proceeding.
written comments: Written comments in response to the CR-101 from persons interested in the subject matter of this proposed rule making may be filed with the commission secretary, referencing Docket No. TR-981101, not later than October 30, 1998. All commenters are asked, but not required, to file an original and ten copies of their written comments. The commission also requests, but does not require, that comments be provided on a 3 1/2 inch IBM formatted high-density disk, in WordPerfect version 5.1, 6.0, or 6.1, labeled with the docket number of this proceeding and the commenter's name and type of software used. The commission may offer additional opportunities to provide written comments. Interested persons may file additional written comments in response to any such invitation. Interested persons may also attend and participate in the workshop described below and in any other workshop that may be scheduled. The commission will provide written notice of any additional preproposal workshops to all commenters and to any other persons specifically asking to receive notice in this rule-making proceeding.
notice of workshop: A workshop will be held on November 9, 1998, beginning at 9:30 a.m., in the Commission's Hearing Room, Second Floor, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA. The commission's teleconference bridge line will be available for this workshop. A limited number of teleconference ports are available and will be assigned one to an organization, first-come first-served. Persons wishing to attend via the teleconference bridge line must contact Mary Sprouffske at (360) 664-1147 no later than 3:00 p.m., November 5, 1998. Questions may be addressed to Mike Rowswell at (360) 664-1265 or e-mail at mrowswell@wutc.wa.gov.
October 7, 1998
Terrence Stapleton
for Carole J. Washburn
Secretary