WSR 98-21-069

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed October 20, 1998, 4:39 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-12-082.

Title of Rule: Chapter 296-62 WAC, General occupational health standards.

Subject of This Rule Making: Emergency washing facilities.

Purpose: Chapter 296-62 WAC, General occupational health standards, emergency washing facilities.

Currently WISHA compliance and consultation officers rely on WAC 296-62-130, WRD 12.35, WRD 91-13A, and ANSI Z358.1-1990 to verify compliance with emergency washing facility requirements. WAC 296-62-130 does not contain the policies outlined in the WISHA regional directives nor those in the ANSI Z358.1-1990, but it does exceed the OSHA standard. OSHA consistently provides the ANSI as their reference for details on emergency eyewash and shower equipment even though it is not referred to in their standard. The department proposes to amend the current rule and to explicitly incorporate some ANSI requirements in order to eliminate this compliance requirement confusion and provide more specific information to the employer. ANSI Z358.1-1998 is also referenced for additional information. This action will replace WISHA Regional Directive 12.35 and WISHA Regional Directive 91-13A.

WAC 296-62-130 Emergency washing facilities. State-initiated proposed amendments are made:

To delete definition numbering as required by the code reviser's office.

To modify the definition of emergency washing facilities by adding the word "hand-held drench hoses."

To delete definitions for "emergency shower," "eye/face wash," "eyewash," "personal eyewash," and "contact chemical agents."

To add the definitions for chemicals ("corrosive," "strong irritant," and "toxic chemical"), that when present, could possibly necessitate the availability of emergency washing facilities.

To change "shall" to "must" for clarity.

To add the requirement that emergency washing facilities be accessible and free of obstruction.

To add specific requirements that apply to emergency showers.

To add specific requirements that apply to emergency eyewash equipment.

To add specific requirements that apply to personal eyewash equipment and hand-held drench hoses.

To add specific requirements for periodic inspections of plumbed and self-contained washing equipment.

To add the note that equipment that meets ANSI standards will be in compliance with this proposed rule.

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.

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

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement (SBEIS) necessity evaluation was conducted by the department to determine whether an SBEIS was required. The evaluation findings concluded that the proposed rule does not impose more than minor costs on small business in the potentially impacted industries. Therefore, an SBEIS is not required.

RCW 34.05.328 applies to this rule adoption. The proposed rule does meet the significant rule criteria because it adds additional requirements to the standard.

Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on December 10, 1998, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Linda Dausener by December 1, 1998, at (360) 902-5516.

Submit Written Comments to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, by 5:00 p.m. on December 17, 1998. In addition to written comments, the department will accept comments submitted to fax (360) 902-5529. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: March 17, 1999.

October 20, 1998

Gary Moore

Director

OTS-2533.1

AMENDATORY SECTION (Amending Order 85-09, filed 4/19/85)

WAC 296-62-130  Emergency washing facilities. (((1))) Definitions.

(((a))) "Emergency washing facilities" means emergency showers, eyewashes, eye/face washes, hand-held drench hoses, or other similar units.

(((b) "Emergency shower" means a unit that enables a user to have water cascading over the entire body. It shall deliver a minimum of 113.6 liters (30 gallons) per minute of water.

(c) "Eye/face wash" means a device used to irrigate and flush both the face and eyes. It shall deliver not less than 11.4 liters (3 gallons) per minute of water for at least fifteen minutes.

(d) "Eyewash" means a device to irrigate and flush the eyes. It shall deliver not less than 1.5 liters (0.4 gallons) per minute for at least fifteen minutes.

(e) "Personal eyewash" means a portable, supplementary eyewash that supports plumbed units, self-contained units, or both, by delivering immediate flushing for less than fifteen minutes.

(f) "Contact chemical agents" are defined in WAC 296-62-07003.))

"Corrosive" is a substance that can cause 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.

"Strong irritant" means 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" means a chemical that produces serious injury or illness by absorption through any body surface.

(2) Facilities required.

(a) What requirements apply to accessing emergency washing facilities?

Emergency washing facilities ((shall)) must be readily available ((in the immediate work area for workers who may be exposed to harmful concentrations of contact chemical agents)) and accessible.

To be readily available and accessible, emergency washing facilities ((shall)) must be free of obstruction and require no more than ten seconds to reach. ((They should be within a))

The travel distance should be no ((greater)) farther than fifty feet (15.25 meters (((50 feet))).

(b) What requirements apply to emergency showers?

Emergency showers must be provided if there is a potential for substantial portions of the body to come into contact with corrosives, strong irritants, or toxic chemicals.

The emergency showers must deliver water to cascade over the user's entire body at a minimum rate of twenty gallons (75.7 liters) per minute for fifteen minutes or more.

(c) What requirements apply to emergency eyewash?

Emergency eyewash must be provided where there is the potential for an employee's eyes to be exposed to corrosives, strong irritants, or toxic chemicals.

The emergency eyewash equipment must irrigate and flush both eyes simultaneously while the operator holds the eyes open.

The on-off valve must be activated in one second or less and must remain on without the use of the operator's hands until intentionally turned off.

The emergency eyewash equipment must deliver at least 0.4 gallons (1.5 liters) of water per minute for fifteen minutes or more.

(d) What requirements apply to personal eyewash equipment and hand-held drench hoses?

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.

Such units must deliver potable water or other medically approved eye flushing solution.

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

Personal eyewash equipment and hand-held drench hoses may be used to supplement ((the requirement for)) emergency washing facilities, however, ((in no event shall it)) they must not be used as a substitute. ((Such units shall deliver potable water or other medically approved eye flushing solution.

(c))) (e) What periodic inspection requirements apply to plumbed and self-contained washing equipment?

All plumbed emergency washing facilities, including ((personal eyewash equipment, shall be periodically)) hand-held drench hoses, must be activated weekly and inspected annually to ensure that they function correctly and that the quality and quantity of water or other solution is satisfactory for emergency washing purposes.

All self-contained eyewash equipment and personal eyewash equipment must be inspected and maintained according to manufacturer instructions. Inspections for proper operation must be done annually. Sealed personal eyewashes must be replaced after the manufacturer's expiration date.

Note: Most manufacturers recommend fluid replacement every six months in self-contained eyewashes.

(3) Potable water. All emergency washing facilities using nonpotable water ((shall)) must have signs stating the water is nonpotable.

Note: For further information on the design, installation, and maintenance of emergency washing facilities, see American National Standards Institute (ANSI) publication Z358.1 - 1998, Emergency Eyewash and Shower Equipment. Emergency washing facilities that are designed to meet ANSI Z358.1 - 1998 also meet the requirements of this standard.

[Statutory Authority: RCW 49.17.040 and 49.17.050. 85-10-004 (Order 85-09), § 296-62-130, filed 4/19/85; Order 73-3, § 296-62-130, filed 5/7/73; Order 70-8, § 296-62-130, filed 7/31/70, effective 9/1/70; Rule 13.010, effective 8/1/63.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.