WSR 98-24-071

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed November 30, 1998, 3:59 p.m.]

Subject of Possible Rule Making: Asbestos, chapter 296-62 WAC, General occupational health standards and chapter 296-65 WAC, Asbestos removal and encapsulation.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.040 and chapter 49.26 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department will proposing amendments as a result of federal final rules as published June 29, 1998, in Federal Register (Vol. 63, No. 124). OSHA made changes to Shipyards 29 CFR 1915.1001 and Construction 29 CFR 1926.1101, reducing the scope of these standards, due to a federal court decision. The federal changes add a statement that these standards do not apply to asbestos-containing asphalt roof cements, coatings and mastics; and delete references to roofing cements. OSHA did not change 29 CFR 1910.1001 Asbestos. WISHA will be proposing other amendments to improve the clarity of the rule. WISHA consolidated the three federal standards by placing all of the requirements in chapter 296-62 WAC. WISHA is considering rule making to make changes similar as those made by OSHA.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Environmental Protection Agency and local air pollution authorities. However, this particular project does not need additional coordination with these agencies. WISHA will submit a state plan change to OSHA using the normal process.

Process for Developing New Rule: The department must adopt rules identical or at-least-as-effective-as OSHA rules as required by the OSHA/WISHA state plan agreement.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Christy Wood, Project Manager, Department of Labor and Industries, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5524, fax (360) 902-5529.

November 25, 1998

Gary Moore

Director