WSR 00-04-011

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. TR-981101, General Order No. R-469 -- Filed January 21, 2000, 12:05 p.m. ]

In the matter of amending/adopting/repealing chapters 480-60 and 480-66 WAC, relating to railroad companies -- Walkways and clearance rules and railroad companies -- Sanitation rules.

STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 99-15-083, filed with the code reviser on July 20, 1999. The commission brings this proceeding pursuant to RCW 81.04.160 and RCW 80.01.040.

STATEMENT OF COMPLIANCE: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 34.21C [43.21C] RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

DATE OF ADOPTION: The commission adopted chapter 480-60 WAC and chapter 480-66 WAC on October 13, 1999, except WAC 480-60-035. The commission adopted WAC 480-60-035 on December 22, 1999.

CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: The proposal would repeal obsolete rules, establish minimum criteria for railroad employee walkways in railroad yards, require drinking water to be provided for all personnel regardless of work location, require sanitary conditions in locomotive eating areas, and require lockers for employee use in more locations.

REFERENCE TO AFFECTED RULES: This order amends the following sections of the Administrative Code: WAC 480-60-010 Application of rules, 480-60-020 Exemptions, 480-60-030 Definitions, 480-60-040 Overhead clearances, 480-60-050 Side clearances, 480-60-060 Track clearances, 480-60-080 Operation of excess dimension loads, and 480-60-090 Narrow gauge railroad transporting freight cars.

This order adopts the following new sections of the Administrative Code: WAC 480-60-012 Contacting the commission, 480-60-014 Rule of practice and procedure, 480-60-035 Walkways, 480-66-100 Definitions, 480-66-110 Application of chapter, 480-66-120 Contacting the commission, 480-66-140 Rules of practice and procedure, 480-66-150 Exemption from rules, 480-66-160 Filing a complaint, 480-66-170 Reporting requirements, 480-66-200 General obligations, 480-66-210 Locomotive cabs and cabooses, 480-66-220 Stationary facilities, 480-66-230 Miscellaneous, 480-66-300 Drinking water, 480-66-310 Washing facilities, 480-66-320 Showers, 480-66-330 Dressing rooms and lockers, 480-66-400 General, 480-66-410 Water closets, 480-66-420 Urinals, 480-66-430 Chemical toilets, 480-66-440 Incinerator toilets, 480-66-450 Privies, 480-66-460 Specifications for toilet rooms, 480-66-470 Number of toilets required, 480-66-480 Supplies for toilets, 480-66-490 Location and types of toilets, 480-66-500 Eating places, 480-66-510 Lunch rooms, 480-66-520 Specifications for lunch rooms and eating places, 480-66-600 Specifications for all accommodations, and 480-66-620 Stationary facilities.

This order repeals the following sections of the Administrative Code: WAC 480-60-070 Marking of cars, 480-60-99002 Table--Class of highway, 480-60-99003 Diagram--Clearance diagram for underpass two-way highway traffic, 480-66-010 Definitions, 480-66-020 Water supply, 480-66-030 Toilets, 480-66-040 Eating places and lunch rooms, 480-66-050 Sleeping accommodations, 480-66-060 Cleanliness and maintenance, and

480-66-070 General.

PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on October 7, 1998, at WSR 98-20-105.

ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The statement advised interested persons that the commission was opening an inquiry to review the rules in chapter 480-60 WAC, Railroad companies -- Clearance and chapter 480-66 WAC, Railroad companies -- Sanitation, in accordance with Executive Order 97-02 and would consider issues related to workplace health and safety. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notice to all railroad companies operating in the state of Washington, the commission's list of transportation attorneys, and those people who have identified themselves as having an interest in transportation rule makings.

Pursuant to notice, the commission held three rule-making workshops on November 9, 1998, January 7, 1999, and April 20, 1999. The workshops were attended by representatives from the Brotherhood of Locomotive Engineers (BLE), the United Transportation Union (UTU), the Burlington Northern Santa Fe Railway (BNSF), the Union Pacific Railroad (UP), and the Columbia Basin Railroad. Workshop discussions and proposed rule drafts included walkways, meal periods, lockers and dressing rooms, locomotive toilet cleanliness, refrigerators and microwaves on locomotives, and heat requirements on cabooses.

The workshop discussions and proposed rule drafts concerning clearance rules in chapter 480-60 WAC focused mostly on language, format, and repealing sections that are no longer valid in the current environment. Rules governing excess height loads were pared substantially because railroad employees are no longer allowed to walk on train roof tops. The rules governing the marking of excessive width loads were also eliminated at the suggestion of the American Association of Railroads and after railroad management and unions concurred.

The inclusion of walkway rules in chapter 480-60 WAC were also discussed at workshops and in written comments. The unions and staff believe a walkway rule with objective standards is needed while the railroad companies do not believe a rule is necessary. Further, the railroad companies believe any walkway rule is preempted at the federal level.

NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) and small business economic impact statement (SBEIS) on July 20, 1999, at WSR 99-15-083. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 99-15-083 at 9:30 a.m., Wednesday, September 22, 1999, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

COMMENTERS (WRITTEN COMMENTS): The commission received written comments jointly from the BNSF and UP which questioned the need for a walkway rule and asserted that the walkway issue has been preempted at the federal level. BNSF and UP rely on authorities which acknowledge that the Federal Railroad Association (FRA) has not issued a specific rule on walkways. BNSF and UP argue that walkways are subsumed by the larger subject of roadbeds contained in Subpart B and Subpart D of the FRA's track safety standards. 49 C.F.R. 213.31 et seq. Staff believes that the FRA's standard for roadbeds does not address the same safety concerns as the proposed walkway rule. As a result, staff believes that the proposed walkway rule is not preempted by federal action. (See commission staff's September 22, 1999, Open Meeting Memorandum, Section 6.a., for a detailed discussion of preemption.) Staff submits that need for walkway rules has been established from commission staff investigator knowledge, complaints which are included in the public files, and documents submitted by the UTU. The UTU submitted written comments requesting a more stringent walkway rule than the one proposed by staff. Staff believes a more stringent walkway rule may be excessive. Both groups verbally restated their positions at the June 23, 1999, open meeting.

RULE-MAKING HEARING: The proposed rules, including the walkway rule, were considered for adoption, pursuant to the notice, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on September 22, 1999, before Chairwoman Marilyn Showalter and Commissioner William R. Gillis. The commission heard oral comments from Mike Rowswell representing commission staff, Tom Retterath representing the UTU, Alan Bridges representing BLE, and David Reeve representing BNSF. Lawrence Mann, a Washington, D.C. attorney appearing on behalf of the UTU, provided oral comments in support of staff's position on preemption. Jeff Goltz of the Attorney General's Office provided information on the issue of preemption. The matter was continued until October 13, 1999, due to concerns raised regarding staff's proposed walkway rule.

RULE-MAKING HEARING CONTINUED: The rule proposal was considered for adoption at the October 13, 1999, rule-making hearing scheduled during the commission's regularly scheduled open public meeting before Chairwoman Marilyn Showalter, Commissioner Richard Hemstad, and Commissioner William R. Gillis. The commission approved the adoption of all rules except WAC 480-60-035 Walkways. The commission heard oral comments from Kim Dobyns representing commission staff. Staff requested additional time to meet with interested parties and revise the SBEIS concerning proposed WAC 480-60-035. No other interested person made oral comments. The commission continued the hearing on the walkway rule to November 30, 1999.

MEETINGS OR WORKSHOPS; ORAL COMMENTS: Staff held a workshop on November 9, 1999, to discuss proposed WAC 480-60-035 with interested persons and to invite participation regarding what should be measured in the amended SBEIS. Representatives from the UTU, BNSF, UP, the Columbia Basin Railroad, and the Palouse River and Coulee City Railroad attended the workshop. While the railroads continue to question the need for the rule and still believe walkways may be preempted at the federal level, they offered alternatives that would be acceptable if a rule must be adopted. The union also still believes more stringent rules are needed but also offered alternatives that may be acceptable. Staff considered the alternatives proposed by the union and the railroads. Staff incorporated some of these proposals, such as adding native material as an acceptable surface material for walkways, changing the measurement standards to more closely reflect those in use in the industry at the present time, restricting the rule to apply to railroad yards only, and incorporating other clarifying changes suggested by the workshop participants. Staff did not incorporate more restrictive changes that were recommended by the union because staff did not believe the public record supported more stringent rules.

The commission received comments concerning the elements to be measured in the amended SBEIS. Staff prepared a survey instrument based on those comments to all railroad companies in Washington state. Staff redrafted the proposed walkway rule and sent it and the survey to all parties on November 23, 1999, for further comment.

WRITTEN COMMENTS AND SBEIS RESPONSE: The commission received written comments from the UTU again urging more stringent rules. In a joint letter, BNSF and UP again stated their belief that there is no need for a walkway rule and that state action is likely preempted by federal law. However, the railroads indicated that the November 23, 1999, draft rule addressed many of the railroads' concerns.

Two short line railroad companies submitted SBEIS information in response to staff's survey. Both indicated that strict compliance with the walkway rule could be costly. The Class I railroads did not submit SBEIS information. Staff believes that immediate compliance in all areas would be difficult for Class I railroads as well as short lines. Staff proposed mitigating language to address hardship in complying with the rules.

RULE-MAKING HEARING CONTINUED: Proposed WAC 480-60-035 Walkways, was continued with direction for a status report to be presented before the commission on November 30, 1999. At the November 30, 1999, open meeting, the commission continued the adoption hearing of WAC 480-60-035 until 9:30 a.m. Wednesday, December 22, 1999, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA.

RULE-MAKING HEARING ADOPTION: Proposed WAC 480-60-035 Walkways was considered for adoption during the commission's regularly scheduled open public meeting on December 22, 1999, before Chairwoman Marilyn Showalter, Commissioner Richard Hemstad, and Commissioner William R. Gillis. The commission heard oral comments from Mike Rowswell representing commission staff and from Tom Retterath representing the UTU. Mr. Retterath urged the commission to adopt staff's proposed WAC 480-60-035. The commission adopted WAC 480-60-035 Walkways, on December 22, 1999. No other interested person made oral comments.

COMMISSION ACTION: After considering all of the information regarding this proposal, the commission adopted, amended and repealed the proposed rules with the changes described below.

CHANGES FROM PROPOSAL: The commission adopted the proposal with the following changes from the text noticed at WSR 99-15-083.

i. Chapters 480-66 and 480-60 WAC, nonsubstantive clarifying language, grammatical and punctuation changes.

ii. WAC 480-60-010(1), application of rules - language eliminated from the original rule reinserted at the request of UP to preserve the issue of whether the commission has jurisdiction over entities other than common carriers on clearance rule violations.

iii. WAC 480-60-035(1) eliminated requirement for walkways on the mainline around track side switch-throwing mechanisms. The UTU advocates a rule that addresses all areas in Washington state where its members are required to perform service on the ground, both in yards and outside of yards. The Class I railroads maintain that there is no need for any walkway rule. The Class II and III railroads agree with the Class I railroads and submit that it would result in a significant economic burden. The present rule is limited to walkways in yards based on the available evidence of need for a rule, the economic impact that a more extensive rule would have on all railroads, and recognition that experience gained with a limited rule can be used to determine whether a more extensive rule is necessary.

iv. WAC 480-60-035 (2)(a) adopted UP's suggestion for use of the railroad technical definition of one and one-half inch rock to meet the least restrictive of the railroad's standards. Added note recommending the use of three-quarter inch rock or less on switching leads in yards in response to UTU concern that larger size rock would be used.

v. WAC 480-60-035 (2)(c) added an option of native material for walkway surfaces in response to railroad concerns.

vi. WAC 480-60-035 (4) and (7) increased the restoration time from ten days to thirty days for repairing damaged walkways in response to railroad concerns.

vii. WAC 480-60-035(7) added the adverb "permanently" to modify "removed" to address railroads concern regarding a distinction between temporarily and permanently removing walkways on bridges and trestles.

viii. WAC 480-60-035 (8)(a) added compliance mitigation measures for Class I, II and III railroads to address concern regarding the financial burden of strict compliance.

ix. WAC 480-60-035 (8)(b) provided a mechanism for railroads to seek time extensions to bring walkways into compliance if experiencing financial hardship.

STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that WAC 480-60-070, 480-60-99002, 480-60-99003, 480-66-010, 480-66-020, 480-66-030, 480-66-040, 480-66-050, 480-66-060, and 480-66-070 should be repealed; WAC 480-60-010, 480-60-020, 480-60-030, 480-60-040, 480-60-050, 480-60-060, 480-60-080, and 480-60-090 should be amended; and WAC 480-60-012, 480-60-014, 480-60-035, 480-66-100, 480-66-110, 480-66-120, 480-66-140, 480-66-150, 480-66-160, 480-66-170, 480-66-200, 480-66-210, 480-66-220, 480-66-230, 480-66-300, 480-66-310, 480-66-320, 480-66-330, 480-66-400, 480-66-410, 480-66-420, 480-66-430, 480-66-440, 480-66-450, 480-66-460, 480-66-470, 480-66-480, 480-66-490, 480-66-500, 480-66-510, 480-66-520, 480-66-600, and 480-66-620 should be adopted as set forth in Appendix A, as rules of the Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 33, Amended 8, Repealed 10.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.


ORDER

THE COMMISSION ORDERS:

1. WAC 480-60-070, 480-60-99002, 480-60-99003, 480-66-010, 480-66-020, 480-66-030, 480-66-040, 480-66-050, 480-66-060, and 480-66-070 are repealed, WAC 480-60-010, 480-60-020, 480-60-030, 480-60-040, 480-60-050, 480-60-060, 480-60-080, and 480-60-090 are amended, and WAC 480-60-012, 480-60-014, 480-60-035, 480-66-100, 480-66-110, 480-66-120, 480-66-140, 480-66-150, 480-66-160, 480-66-170, 480-66-200, 480-66-210, 480-66-220, 480-66-230, 480-66-300, 480-66-310, 480-66-320, 480-66-330, 480-66-400, 480-66-410, 480-66-420, 480-66-430, 480-66-440, 480-66-450, 480-66-460, 480-66-470, 480-66-480, 480-66-490, 480-66-500, 480-66-510, 480-66-520, 480-66-600, and 480-66-620 are adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).

2. This order and the rule set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.

3. The commission adopts the commission staff memoranda, presented when the commission considered filing a preproposal statement of inquiry, when it considered filing the formal notice of proposed rule making, and when it considered adoption of this proposal, in conjunction with the text of this order, as its concise explanatory statement of the reasons for adoption and for rejection of proposed changes, as required by RCW 34.05.025.

DATED at Olympia, Washington, this 20th day of January, 2000.

Washington Utilities and Transportation Commission

Marilyn Showalter, Chairwoman

Richard Hemstad, Commissioner

William R. Gillis, Commissioner

OTS-2839.3


AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)

WAC 480-60-010
Application of rules.

(1) ((Subsequent to December 1, 1950, in all construction and reconstruction of tracks or structures adjacent thereto, on all railroads over which freight cars are transported or proposed to be transported, the following minimum clearances shall be allowed.)) The rules in this chapter apply to all common carrier railroad companies operating within the state of Washington, including any facilities or structures owned or operated by the railroad, and to the construction and reconstruction of tracks or structures adjacent thereto.

(2) A railroad company ((shall)) must not operate ((freight cars, locomotives or other rolling)) any equipment over tracks ((constructed subsequent to December 1, 1950, or tracks adjacent to buildings and structures constructed or reconstructed subsequent to that date, wherein)) where the clearances are less than those ((prescribed in)) required by these rules, unless a commission order has been entered granting an exemption or an exemption is contained in these rules.

(3) ((Where specific authority has been issued for deviation from these clearances for construction occurring subsequent to December 1, 1950, but prior to the effective date of the order in Cause No. T-8499 amending clearance rules of December 1, 1950, authority so issued shall remain in effect.

(4) Overhead clearances authorized in these rules are applicable to tracks on which freight cars having a height to running board of fifteen feet six inches or less are transported. In the case of cars or loads exceeding fifteen feet six inches, WAC 480-60-070 and 480-60-080 must be complied with.

(5))) Side clearances ((authorized in these rules are applicable to tracks on which freight cars having an overall width)) are based on the assumption that equipment used on tracks is not greater than ten feet ten inches ((are transported)) wide. Height clearances are based on the assumption that equipment used on tracks is not higher than fifteen feet six inches. ((In the case of cars or loads exceeding)) If equipment exceeds ten feet ten inches in width, the railroad must comply with WAC ((480-60-070 and)) 480-60-080 ((must be complied with)).

[Order R-5, 480-60-010, filed 6/6/69, effective 10/9/69.]


NEW SECTION
WAC 480-60-012
Contacting the commission.

You may contact the commission in writing, in person, by telephone, by e-mail, or by facsimile. The commission's location, mailing address, e-mail address and telefax number are found in WAC 480-09-100. The commission's internet home page address is found in WAC 480-04-050.

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NEW SECTION
WAC 480-60-014
Rules of practice and procedure.

The commission's rules governing administrative practices and procedures are in chapter 480-09 WAC. When a rule in this chapter conflicts with a rule in chapter 480-09 WAC, the rule in this chapter applies to railroad companies.

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AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)

WAC 480-60-020
Exemptions.

(1) When the overhead or side clearances between a track and any building, structure, or facility are less than the minimum ((prescribed in)) required by these rules, but ((where)) were lawfully created prior to ((the effective date thereof)) October 9, 1969, the minimum clearances ((prescribed herein shall)) required by these rules must be provided whenever the building, structure, or facility is relocated or reconstructed((;)). However, the ((Washington utilities and transportation)) commission will consider specific requests for the future continuance of ((heretofore)) these previously lawful clearances ((at such reconstructed building, structure or facility when application thereof has been made as provided in subsection (3))) when the railroad or owner or manager of the building, structure, or facility applies for an exemption under the provision set forth below.

(2) Where restricted clearances are ((necessary nothing herein shall be construed as preventing)) unavoidable, the following moves are allowed without requesting an exemption from the commission:

(a) The movement of material over tracks when ((such)) the material is ((necessary in)) needed for the construction or maintenance of ((such)) the tracks((, nor in));

(b) The movement of special work equipment used in the construction, maintenance or operation of the railroad((, provided such movements shall be carried on under the conditions as are necessary to provide for the safety of all concerned; nor shall these rules be applicable, provided reasonable safety precautions are observed,));

(c) Movements during periods of actual emergency due to wrecks, derailments, washouts and like conditions((.

(3) If in any particular case, exemption from any of the requirements herein is deemed necessary by the carrier or industry concerned, the Washington utilities and transportation commission will consider the application of such carrier or industry for such exemptions when accompanied by a full statement of the conditions existing and the reason why such exemption is asked. Any exemption so granted will be limited to the particular case covered by the application.

(4) The Washington utilities and transportation commission reserves the right to modify any of the provisions of these regulations in specific cases, when, in its opinion, safety of railroad employees, public safety, convenience or necessity would be served by so doing.

(5)));

(d) All movements authorized in this subsection may be made only after all reasonable steps are taken to provide for the safety of all who could be harmed by the move.

(3) The commission may grant an exemption of any rule in this chapter, if consistent with the public interest, the purposes underlying regulation, and applicable statutes.

(4) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, and giving a full explanation of the reason the exemption is requested.

(5) The commission will assign the request a docket number, if needed, and schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date the commission will consider the request.

(6) The commission will enter an order granting or denying the request, or setting it for hearing pursuant to chapter 480-09 WAC.

(7) Logging railroads, or any operation directly incident to logging, now subject to the provisions of the safety standards for logging operations in chapter 296-54 WAC, published by the division of safety of the department of labor and industries of the state of Washington, are exempted from these rules.

[Order R-5, 480-60-020, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)

WAC 480-60-030
Definitions.

(((1) The overhead clearance is that distance measured along a line which is perpendicular to and joins a horizontal plane passing through the top of the highest rail and the lowest point of the overhead structure or obstruction.

(2) The side clearance is the shortest distance from centerline of track to a structure or appurtenances such as downspouts, ladders, or other obstructions at the side of the track.

(3) The track clearance is the shortest distance between the centerlines of adjacent tracks.

(4) Height of a freight car is the distance between the top of rail and the top of running board.

(5) Width of a freight car is twice the distance from the centerline of the car to the extreme outside part thereof.

(6) Icing platforms: The term "icing platform" shall include structures used in performing the service of icing, precooling, heating, ventilating and servicing of cars used in the handling of commodities requiring the above services.

(7) Constituted authority shall mean the commission.

(8) Overcrossing when used in this order means any point or place where a highway crosses a railroad by passing above the same. Clearances shall be as specified in WAC 480-60-040 (1) and (3).

(9) Undercrossing when used in this order means any point or place where a highway crosses a railroad by passing under the same. Existing laws pertaining to highways shall prevail.)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Car width" means twice the distance from the centerline of the car to its extreme outside part.

"Commission" means the Washington utilities and transportation commission.

"Icing platforms" means structures used in performing the service of icing, precooling, heating, ventilating and servicing of cars used in the handling of commodities requiring those services.

"Overcrossing" means any point or place where a highway crosses a railroad by passing above it.

"Overhead clearance" means the distance measured along a line which is perpendicular to and joins a horizontal plane passing through the top of the highest rail and a horizontal plane passing through the lowest point of the overhead structure or obstruction.

"Side clearance" means the shortest distance from centerline of track to a structure or appurtenances such as downspouts, ladders, or other obstructions at the side of the track.

"Track clearance" means the shortest distance between the centerlines of adjacent tracks.

"Walkways" means pathways located alongside or in the vicinity of a railroad track, or on a trestle or bridge, that provide an area for a railroad employee to perform duties associated with the track, trestle or bridge.

[Order R-5, 480-60-030, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)

WAC 480-60-040
Overhead clearances.


(((1) Overhead clearance in general . . . . . . . . . . . . 22'6"
(2) Overhead clearance in buildings . . . . . . . . . . . . 18'0"))

(1) General rule. Overhead clearances shall be at least twenty-two feet six inches unless one of the provisions in this section applies.

(2) Buildings.

The overhead clearance inside of entirely enclosed buildings may be reduced to eighteen feet, ((provided that this clearance shall apply only to tracks terminating)) if the tracks terminate within the building((, and further provided, that when)). When an overhead clearance of less than twenty-two feet six inches is established ((therein)) in a building, all cars, locomotives or other equipment ((shall be brought to a)) must stop before entering ((such enclosed building, the)) it. The conditions provided to require ((such)) the stop ((to be approved by constituted authority)) must be approved by the commission. Engine houses and car shops are exempt from these regulations.


((Note: Engine houses and car shops are exempt from these regulations.))

(3) ((Overhead clearance)) Trains in tunnels, under overcrossings, and on bridges.

Minimum overhead clearance in tunnels ((and through)), under overcrossings, and on bridges may be decreased to the extent defined by the half-circumference of a circle having a radius of eight feet and tangent to a horizontal line twenty-two feet six inches above top of rail at a point directly above the centerline of track.

(4) ((Overhead clearance -)) All other structures.

Minimum overhead clearance ((as prescribed in subsection (1) above)) may be decreased to the extent defined by the half-circumference of a circle having a radius of eight feet six inches and tangent to a horizontal line twenty-two feet six inches above top of rail at a point directly over the centerline of track.

(5) Overhead clearance of wires.

All overhead wires ((in general shall)) must have a minimum vertical clearance of not less than that specified by the safety rules for the installation and maintenance of electric supply and communication lines as provided by the rules for electrical construction and the electrical and communication workers safety rules of the state of Washington.

[Order R-5, 480-60-040, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)

WAC 480-60-050
Side clearances.

(1) ((Side clearance in general . . . . . . . . . . . . 8'6"


((Note: To further reduce operational hazards, it is recommended that, wherever practicable, all posts, pipes, warning signs and other small obstructions be given a side clearance of ten feet.))

Side clearance at platforms:)) General rule. Side clearances must be at least 8 feet 6 inches unless one of the provisions below applies. If exceptions in subsections (2) through (5) or (7) of this section apply, full side clearance of 8 feet 6 inches shall be provided on the opposite side of the track from the platform.

(2) Platforms - 8" or less above top of rail . . . . . . . . . . . . 4'8"

(3) Platforms - 4'0" or less above top of rail . . . . . . . . . . . . 7'3"


((Note: Full side clearance of 8'6" must be provided on the opposite side of the service track from the platform.))

(4) Platforms - 4'6" or less above top of rail - when used principally for loading or unloading refrigerator cars . . . . . . . . . . . . 8'0"

(5) Icing platforms and supports . . . . . . . . . . . . 7'3"


((Note: Full side clearance of 8'6" must be provided on the opposite side of the service track from the platform.))

(6) ((Platforms - other than above . . . . . . . . . . . . 8'6"

Note:)) A retractable platform((s, either sliding or hinged,)) which ((are)) is attached to a permanent structure ((shall)) must be ((so)) designed so that when it is not in use no part of ((such retractable platform)) it shall fall within the clearance limits herein prescribed for a platform of that height above the top of the rail.

(7) Platforms - combinations of any above.

((Note:)) Platforms defined under (2) above may be combined with either (4) or (3) ((provided that)) if the lower platform ((presents)) has a level surface from a point not more than four feet eight inches from centerline of track to the face of the wall of the platform with which it is combined. No other combinations will be permitted.

(8) ((Platforms - extension of existing platforms.


((Note: Platforms which were constructed at lawful clearances prior to the effective date of this order may be extended at existing clearances upon approval of constituted authority.))

(9) Side clearance - )) Bridges and tunnels . . . . . . . . . . . . 8'0"

(((10))) (9) Bridges and tunnels - upper section (see WAC 480-60-040(3)).

Side clearance ((in through)) on bridges and in tunnels may be decreased to the extent defined by the half circumference of a circle having a radius of eight feet and tangent to a horizontal line twenty-two feet six inches above top of rail directly above centerline of track.

(((11))) (10) Bridges - lower section and structures 4' high or less. ((Through)) Bridges ((supporting track affected)), hand rails, water barrels and refuge platforms on bridges and trestles, water columns, oil columns, block signals, cattle guards and cattle chutes, or portions ((thereof)) of those items, four feet or less above top of rail may have clearances decreased to the extent defined by a line extending diagonally upward from a point level with the top of rail and five feet distant laterally from centerline of track to a point four feet above top of rail and eight feet distant laterally from centerline of track: Provided, That the minimum clearance for hand rails and water barrels ((shall)) must be seven feet six inches and the minimum clearance for fences of cattle guards ((shall)) must be six feet nine inches.

((Note:)) Unless previously approved, the clearances authorized in this subsection, except as provided for hand rails and water barrels, are not permitted on ((through)) bridges where the work of trainmen or yardmen requires them to be upon the decks of such bridges for the purpose of coupling or uncoupling cars in the performance of switching service on a switching lead.

(((12) Side clearance - cattle guards and cattle chutes. (See subsection (11))

(13)(a) Side clearance - warehouse doors . . . . . . . . . . . . 8'6"

(b))) (11) Side clearance - engine house and car repair shop doors . . . . . . . . . . . . 7'6"

(((14) Side clearance - hand rails on bridges and trestles. (See subsection (11))

(15))) (12) Side clearance - interlocking mechanism, switch boxes, ((etc)) and other similar devices projecting 4" or less above the top of the rail . . . . . . . . . . . . 3'0"

((Switch boxes, switch operating mechanism necessary for the control and operation of signals and interlockers projecting four inches or less above top of rail.

(16) Side clearance - mail cranes and train order stands when not in operative position . . . . . . . . . . . . 8'6"

(17) Side clearance - oil columns (see subsection (11)) . . . . . . . . . . . . 8'0"

(18))) (13) Side clearance - poles supporting trolley contact . . . . . . . . . . . . 8'3"

((Conductors supplying motive power to track affected - of bracket construction.

(19) Side clearance - poles other than trolley poles . . . . . . . . . . . . 8'6"

(20))) (14) Side clearance - signals and switch stands 3' high or less when located between tracks where not ((practicable)) reasonably possible to provide clearances otherwise prescribed in these rules . . . . . . . . . . . . 6'0"

(((21))) (15) Side clearance - signals and switch stands other than above . . . . . . . . . . . . 8'0"

(((22) Side clearance - tunnels. (See subsection (10)) . . . . . . . . . . . . 8'0"

(23) Side clearance - water barrels on bridges (see subsection (11)).

(24) Side clearance - water columns. (See subsection (11)) . . . . . . . . . . . . 8'0"

(25))) (16) Side clearances on curved track. ((Note:)) Side clearances adjacent to curved track shall be increased as necessary to give the equivalent of tangent track clearances. As a general rule, the side clearance on curved track should be increased 1-1/2" for each degree of curvature.

(((26))) (17) Side clearances - material or merchandise adjacent to tracks. (( . . . . . . . . . . . . 8'6"

Note:)) No merchandise, material or other articles shall be placed or stored on ground or platforms adjacent to any track at a distance less than eight feet six inches from the centerline of track, except in cases of maintenance or emergency when such material is to be used within a reasonable period of time or where local conditions make compliance with this ((note)) rule impossible.

(((27))) (18) Clearances - car puller units and appurtenances.

((Note:)) Clearances ((shall be only as)) for car puller units and appurtenances must be approved ((on application to)) by the commission through the process set forth in WAC 480-62-020.

[Order R-5, 480-60-050, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)

WAC 480-60-060
Track clearances.

(1) Track clearances - in general . . . . . . . . . . . . 14' 0"

The minimum distance between the centerlines of parallel standard gauge railroad tracks, which are used or proposed to be used for transporting cars, engines, motors, or like equipment, ((shall)) must be fourteen feet, except as ((hereinafter prescribed)) set forth below.

(2) Track clearances - main and subsidiary tracks . . . . . . . . . . . . 15' 0"

The centerline of any standard gauge track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, ((shall)) must be at least fifteen feet from the centerline of ((such)) the main track or passing track((: Provided,)) however, ((That)) where a passing track is adjacent to and at least fifteen feet distant from the main track, any other track may be constructed adjacent to ((such)) the passing track with 14 feet clearance ((prescribed in subsection (1))).

(3) Track clearances - parallel team, house, or industry tracks . . . . . . . . . . . . 13' 0"

Minimum clearances between centerlines of parallel team, house, or industry tracks ((shall)) must be thirteen feet.

(4) Track clearances - parallel ladder or ladder and other track . . . . . . . . . . . . 20' 0"

The minimum clearance between centerlines of any standard gauge ladder track, constructed parallel to any other track, ((shall have a clearance of not less than)) must be twenty feet ((from the centerline of such other track)).

(5) Track clearances - existing tracks.

((Note:)) Tracks existing ((tracks)) prior to October 9, 1969, may be extended at clearances lawfully prescribed prior to ((the effective date of this order)) that date.

[Order R-5, 480-60-060, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)

WAC 480-60-080
Operation of excess dimension loads.

(1) ((Cars containing lading in excess of 15'6" high and/or 5'5" from centerline of car.

Each open top car containing lading of a height exceeding fifteen feet six inches above top of rail, or which extends laterally more than five feet five inches from the centerline of the car, the movement of which is hereby authorized, shall be marked, stenciled or placarded, and such markings maintained in a legible condition to read:


(("This car EXCESS HEIGHT" or "This carEXCESS WIDTH"))

The words "EXCESS HEIGHT" or "EXCESS WIDTH" to occupy the greater portion of a space 7" x 10" enclosed within a 3/4" solid border. Letters and border to be of contrasting colors. All such required markings and placarding shall be placed on the side adjacent to the ladder or handholds near the floor line of the car at each of the four corners where practicable, and in addition one each of such signs shall be placed on each side of the load in a conspicuous position.

(2) Cars containing lading which extends laterally in excess of 5'5".

The movement of open top cars containing lading which extends laterally in excess of five feet five inches is hereby authorized only if the lading is of such a nature that it cannot practically be reduced in dimensions.

(3) Lading higher than 15'6" or extending laterally more than 5'5-1/2".

The movement of all open top cars having lading in excess of fifteen feet six inches in height, or which extends laterally in excess of five feet five and one-half inches from centerline of car will be authorized by written notice stating the total number of such cars and advising that no member of the train crew is required to ride on top of such high car or the side of any such wide car.

(4) A written notice shall be delivered to every train containing any car, the lading of which extends laterally in excess of 5'5-1/2" from the centerline of the car or in excess of 15'6" in height above top of rails, informing the crew of the train that the train includes such car or cars, stating the total number thereof and advising that no member of the train crew is required to ride on the side of any such wide car or top of any such high car.

(5))) No person may ride on the roof of any car, or on the side of an excess width car, or the side of a car with a load that extends more than 5'5" from centerline.

(2) The railroad company must provide written notice to the train stating the total number of cars with excess height or width.

(3) Notice to yard supervisors. Yard supervisors ((shall)) must be ((given notification)) notified sufficiently in advance of the arrival of ((such wide loads as described in subsection (3) as)) cars with excess height or width to enable them to take necessary precautions to safeguard employees in yard.

(((6) Loads which cannot be passed over by employees.

Open top cars containing lading having an overall height in excess of fifteen feet six inches above top of rail, if otherwise in compliance with these requirements, and the nature of which precludes the possibility of employees passing over the cars, are exempt from the provisions of subsections (3), (4) and (5), but written notice must be given to all members of train crew informing them of the presence of such loads.

(7) Exemptions.

The common carrier railroads are hereby authorized to move excess height loads and width loads, as described in subsection (1) over roads or portions thereof, without complying with the provisions of WAC 480-60-080, provided that clearances equivalent to the minimum herein prescribed for cars having a height of fifteen feet six inches and width of ten feet ten inches are maintained.))

[Order R-5, 480-60-080, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)

WAC 480-60-090
Narrow gauge railroads transporting freight cars.

(1) ((Overhead and)) Side clearances.

For the operation of equipment on narrow gauge tracks, ((the minimum overhead clearance shall provide a distance above the top of the highest car operated not less than that provided in these rules for cars fifteen feet six inches in height operated on standard gauge tracks;)) the side clearances and distances between centerlines of tracks ((shall)) must provide a distance from the sides of cars, or between the widest cars operated, not less than those distances ((herein)) provided by these rules for cars ten feet ten inches in width operated on standard gauge tracks.

(2) All other requirements of these rules, where applicable ((shall)), must be observed by narrow gauge railroads.

[Order R-5, 480-60-090, filed 6/6/69, effective 10/9/69.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 480-60-070 Marking of cars.
WAC 480-60-99002 Table -- Class of highway.
WAC 480-60-99003 Diagram -- Clearance diagram for underpasses two-way highway traffic.

OTS-3716.1


NEW SECTION
WAC 480-60-035
Walkways.

(1) Walkways must be provided in yards where employees regularly work on the ground.

(2) Ease and safety of walking are the primary considerations for providing walkways. Ease and safety of walking and adequate track drainage are the primary considerations for selecting surface materials. Accordingly, walkways required by this rule must have a reasonably smooth surface and be maintained in a safe condition, without compromising track drainage. Any of the following are suitable surface materials:

(a) Crushed material may be used for walkways. The material must not exceed one and one-half inches in size. The term "one and one-half inches in size” has a specialized meaning. That meaning can vary from company to company within the industry. For purposes of this rule, the term will have the following meaning (note: Percentages refer to weight measurements):

100 percent of the material will pass through a one and one-half inch square sieve opening.

90 to 100 percent of the material will pass through a one inch square sieve opening.

40 to 80 percent of the material will pass through a three-quarter inch square sieve opening.

15 to 60 percent of the material will pass through a one-half inch square sieve opening.

0 to 30 percent of the material will pass through a three-eighths inch square sieve opening.

0 to 10 percent of the material will pass through a #4 sieve (standard nomenclature in the industry).

0 to 5 percent of the material will pass through a #8 sieve.

0 to 0.5 percent of the material will pass through a #200 sieve.


Note: Smaller crushed material is preferable. It should be used where drainage and durability issues do not arise. Material that is three-quarter inch or less in size is recommended for switching leads in yards.

(b) Walkway surfaces may also be made of asphalt, concrete, planking, grating, or other similar material suitable for walking.

(c) Native materials may be used for a walkway surface if the materials provide a surface that is reasonably smooth and safe.

(3) Walkways must not have a grade or slope in excess of one inch of elevation for each eight inches of horizontal length in any direction, unless the geography of the area makes this impracticable.

(4) Walkways must be kept clear of vegetation, debris, mud, and other obstructions that constitute a hazard to railroad employees working on the ground. Standing water must be removed from walkways as soon as reasonably possible.

(5) When walkways are removed or damaged due to construction or emergencies, they must be restored within thirty days after construction is completed or the emergency ends.

(6) Walkways must be sufficiently wide to allow employees to safely perform all duties associated with the use of the walkways.

(7) Walkways on bridges and trestles existing on (effective date of this rule), must not be permanently removed without approval from the commission. Permission must be obtained by the process set forth in WAC 480-60-020. Walkways on bridges or trestles that are temporarily removed or damaged due to construction or emergencies must be restored within thirty days after construction is completed or the emergency ends.

(8)(a) Unless the commission identifies a serious safety condition on a walkway, Class I railroads must bring their walkways into compliance with this section within one year of the effective date of these rules, and Class II and Class III railroads must bring their walkways into compliance within five years of the effective date of these rules.

(b) If a railroad believes it will experience a serious financial hardship in bringing its walkways into compliance within the time allowed, it must submit to the commission in writing, an alternate proposal for bringing its walkways into compliance. The commission may grant an extension of time following a review of the railroad's alternate walkway compliance proposal.

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OTS-2840.3

PART 1 - GENERAL INFORMATION
NEW SECTION
WAC 480-66-100
Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Bunk or section house" means the portion of any building in which employees are provided sleeping or living accommodations, except family dwellings.

"Caboose" means any car or coach used on a train to carry the train crew.

"Commission" means the Washington utilities and transportation commission.

"Company" means a common carrier railroad company as employer.

"Employee" means any person employed by a company.

"Incinerator toilet" means a toilet containing a receptacle for toilet waste to which intense heat is applied.

"Number of employees" means the maximum number of employees going on or coming off shift within any single hour.

"Office work area" means a yard office, station, depot, terminal, or freight, baggage and express office located on railroad property which is the usual place of employment for the performance of clerical or other work identified with office functions of the company.

"Railroads" means common carrier railroads.

"Sanitary" means free from things injurious to health, or effective in preventing or checking the effects of those things.

"Station" means a location where freight or passengers are ordinarily received and delivered, including all freight and express offices.

"Terminal" means a location where train crews and other employees are regularly required to report for duty.

"Toilets" means fixtures such as flush toilets, chemical closets, or privies used for the purpose of defecation.

"Usual place of employment" means the place where an employee works with a reasonable measure of continuity throughout the major part of the employee's company service.

"Yards" means yards, section headquarters, and locomotive and car shops.

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NEW SECTION
WAC 480-66-110
Application of chapter.

The rules in this chapter apply to all railroads operating within the state of Washington.

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NEW SECTION
WAC 480-66-120
Contacting the commission.

You may contact the commission in writing, in person, by telephone, by e-mail, or by facsimile.

The commission's location, mailing address, e-mail address, and telefax numbers are found in WAC 480-09-100. The commission's internet home page address is found in WAC 480-04-050.

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NEW SECTION
WAC 480-66-140
Rules of practice and procedure.

The commission's rules governing administrative practices and procedures are in chapter 480-09 WAC. When a rule in this chapter conflicts with a rule in chapter 480-09 WAC, the rule in this chapter applies to railroad companies.

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NEW SECTION
WAC 480-66-150
Exemptions from rules.

(1) The commission may grant an exemption of any rule in this chapter, if consistent with the public interest, the purposes underlying regulation, and applicable statutes.

(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, and giving a full explanation of the reason the exemption is requested.

(3) The commission will assign the request a docket number, if needed, and schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date the commission will consider the request.

(4) The commission will enter an order granting or denying the request, or setting it for hearing pursuant to chapter 480-09 WAC.

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NEW SECTION
WAC 480-66-160
Filing a complaint.

Any interested person who believes that available sanitary or shelter facilities are inadequate or unsatisfactory under the rules in this chapter may file an informal or formal complaint with the commission pursuant to WAC 480-09-150 and 480-09-400 requesting the responsible party or parties to correct the condition. Upon investigating the complaint, the commission may issue an order, with or without hearing, directing that the conditions complained of be corrected.

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NEW SECTION
WAC 480-66-170
Reporting requirements.

Railroads must report to the commission, upon request, concerning the company's sanitation and shelter facilities and servicing programs required by these rules.

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PART 2 - GENERAL SANITATION RULES
NEW SECTION
WAC 480-66-200
General obligations.

(1) The company is responsible for providing employees with all items required by these rules.

(2) The company must, at all times, maintain all items required in these rules in proper working order and in a condition which is sanitary, free from vermin and rodents, and which is not offensive to a reasonable person, except when the items are taken out of service and are not accessible by employees.

(3) The company must establish a program to regularly review and service all items required in these rules to meet its obligations under subsections (1) and (2) of this section; however, implementing a program must not be a substitute for actual compliance with subsections (1) and (2) of this section.

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NEW SECTION
WAC 480-66-210
Locomotive cabs and cabooses.

(1) During use, locomotive cabs must be heated to a minimum of 50 degrees Fahrenheit.

(2) When required by the season of the year, doors and windows of all locomotives must be equipped with adequate protection to occupants from the elements by means of weather stripping, or other device sufficient to provide equally adequate protection.

(3) Cabooses must be maintained in a clean and sanitary condition.

(4) When required by the season of the year, doors, and windows of cabooses must be equipped with adequate weather stripping.

(5) Every caboose used in any train in this state, regardless of service, must be provided with a stove or other adequate means of heating. The company shall provide a sufficient supply of fuel for the trip or shift.

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NEW SECTION
WAC 480-66-220
Stationary facilities.

(1) Bed linen furnished by the railroad must be changed, and fresh, clean linen supplied at least once a week and for each new occupant.

(2) Adequate shelter must be furnished and maintained for watchmen. The shelter must be adequately heated, sealed and insulated against cold and inclement weather.

(3) Office work areas must be clearly lighted at all times during hours of use.

(4) Office work areas must be heated at all times during hours of use to a minimum of 65 degrees Fahrenheit.

(5) Office work areas must be provided with cross-ventilation when possible.

(6) Windows, ventilators and doors opening to the outside of office work areas must be properly screened during the seasons when insects are prevalent.

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NEW SECTION
WAC 480-66-230
Miscellaneous.

(1) Toilet rooms and washrooms must not be used for storage.

(2) Floors in all buildings and movable facilities must be maintained in a clean, and so far as reasonably possible, dry condition. Where wet processes are used, drainage must be maintained and false floors, platforms, mats or other dry standing places must be provided wherever reasonably possible.

(3) Screens required by these rules must be of 16 mesh or equal.

(4) Suitable receptacles for the storage of waste and refuse must be provided wherever needed. They must be maintained in a sanitary condition. Receptacles used for moist or liquid waste must be made of a smooth finished surface, impervious to moisture. They must be kept covered and must be washed out as often as necessary to keep them clean.

(5) All sweepings, waste and refuse must be removed in a manner which avoids raising dust, and as often as necessary to keep all rooms used by employees clean.

(6) Toilet waste must not be discharged onto the ground surface from railroad cars within servicing area of yards. Those areas must be kept free of refuse, litter, debris, vermin and rodents.

(7) Adequate drainage must be provided where work is performed in repair yards or on repair tracks in the open or in open sheds or pits. Waste must not drain into any water of the state, nor contaminate the ground surface, but must be disposed of in a manner approved by the Washington state department of health.

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PART 3 - WATER SUPPLY, DRESSING ROOMS AND LOCKERS
NEW SECTION
WAC 480-66-300
Drinking water.

(1) An adequate supply of cool drinking water must be made available to all employees wherever they may be working.

(2) Drinking water must meet all standards of the Washington state department of health.

(3) Containers used to furnish drinking water must meet all specifications of the Washington state department of health and must be sterilized as often as necessary to assure a sanitary water supply.

(4) The common drinking cup is prohibited.

(5) Cross-connections between potable and nonpotable water supplies are prohibited. Nonpotable water supplies must be clearly labeled as not fit for drinking or washing.

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NEW SECTION
WAC 480-66-310
Washing facilities.

(1) An adequate number of wash basins or lavatories for maintaining personal cleanliness must be provided within reasonable access for all employees normally assigned to office work areas, stations, yards, terminals, shops, engine houses, lunch rooms, bunk houses, and section houses. All other employees must be provided an adequate means to maintain personal cleanliness for eating purposes and after defecation or urination.

(2) The following table must be used to determine the adequacy of washing facilities (twenty four inches of trough or circular wash basin is considered the equivalent of one wash basin):


Number of Employees Minimum Number of Facilities
1 to 10 1 basin
11 to 24 2 basins
25 to 49 3 basins
50 to 100 5 basins
Over 100 5 basins plus 1 more for each additional 25 employees

(3) At least one wash basin must be located in or adjacent to each toilet room.

(4) Wash basins or lavatories must be made of smooth finished material, impervious to moisture.

(5) Supplies for wash basins or lavatories must include:

(a) Hot and cold running water to wash basins.

(b) Mechanical drying facilities or individual towels, either paper or cloth. The use of common towels is prohibited.

(c) Waste receptacles for used paper towels.

(d) Soap or other suitable cleansing agent at each wash basin.

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NEW SECTION
WAC 480-66-320
Showers.

Showers must be required when the commission determines that they are necessary at a specific location to protect employees whose work involves exposure to poisonous, infectious or irritating material or to excessive dirt, heat fumes, vapors, or other materials or substances injurious to health. Adequate locker and dressing room facilities will be provided with showers. Specifications for showers will be determined for each location when the need for showers is established.

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NEW SECTION
WAC 480-66-330
Dressing rooms and lockers.

(1) Separate dressing rooms must be provided for men and women in all places of employment where it is necessary for employees to change clothing. Dressing rooms must be separated from toilet rooms by solid partitions and doors. Dressing rooms must have at least eighty square feet of floor space. If more than ten employees, at least an additional four square feet must be provided for each additional employee. Benches must be provided. Dressing rooms must be properly lighted, heated to a minimum of 65 degrees Fahrenheit, and adequately ventilated. Where reasonably possible, cross-ventilation must be provided.

(2) Individual metal lockers must be provided where dressing rooms are required. Lockers must also be provided for each employee who must store work-related items at any time. Lockers must be convenient for employee access and must be provided where needed, even if one locker must be provided to an employee at each end of a run. Lockers must be at least twelve inches wide, eighteen inches deep and seventy-two inches high, exclusive of legs or other base. The lockers must be equipped with a shelf and with at least one clothes hook for each side or equivalent hanger bar, and also with sufficient openings in the door for purposes of ventilation.

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PART 4 - TOILETS
NEW SECTION
WAC 480-66-400
General.

(1) Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals must be maintained.

(2) Chemical toilets or privies may only be used where it is impractical to install inside toilet and urinal facilities.

(3) No privy, urinal, cesspool, septic tank or other receptacle for human excrement must be used which directly or indirectly drains or discharges over, into or upon the surface of the ground or into the waters of the state.

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NEW SECTION
WAC 480-66-410
Water closets.

(1) Every flush toilet must have a rim flush bowl or be so constructed as to prevent the accumulation of fecal matter on the bowl. The bowl must be constructed of a smooth finished material impervious to moisture.

(2) Every bowl must be installed in a manner which allows surroundings and floor space to be easily cleaned.

(3) No pan, plunger or wash-out water closets are permitted except that pan or double-pan types are permitted for movable facilities.

(4) Every flush toilet must have a separate hinged seat made of a smooth finished material, other than metal, impervious to moisture.

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NEW SECTION
WAC 480-66-420
Urinals.

(1) Every urinal must be made of a smooth finished material impervious to moisture.

(2) Every urinal must be located within a toilet room.

(3) Twenty-four inches of trough urinal is equivalent to an individual urinal.

(4) Wherever a slab urinal is installed, the floor must be sloped toward the urinal drain for a distance of at least twenty-four inches in front of the urinal. Adequate splash guards must be installed.

(5) Every urinal must be flushed from a water-supplied tank or through valve, and flush valves must be installed with an approved back-flow preventer. Every tank must furnish an adequate quantity of water for each discharge for every fixture. In place of discharge from a tank or flush valve, water may be allowed to run continuously over slab or trough urinals.

(6) Clear floor space for each urinal or its equivalent must be at least two feet in width.

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NEW SECTION
WAC 480-66-430
Chemical toilets.

All chemical toilets installed must be of a type approved by the commission. Containers must be charged with chemical solution of proper strength and their contents must be agitated daily with proper devices provided for that purpose. When containers are more than two-thirds full the contents must be disposed of in an approved manner. The stacks connecting the seats with the containers must be cleaned as often as is necessary to keep them in a clean and sanitary condition.

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NEW SECTION
WAC 480-66-440
Incinerator toilets.

(1) All incinerator toilets used on railroad equipment in the state of Washington must be of a type approved by the commission.

(2) The installation and method of venting must be approved by the commission.

(3) Clear and concise instructions must be provided by the railroad company to insure that the units are operated correctly.

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NEW SECTION
WAC 480-66-450
Privies.

(1) All privies must be located, constructed, and maintained to avoid contaminating any water of the state.

(2) A suitable approach, such as concrete, gravel or cinder walk must be provided.

(3) Privies must be constructed and maintained to be insect and rodent proof.

(4) Every privy must be provided with a door that is self-closing.

(5) The lids over the seats must be constructed to fall into a closed position when the seat is not occupied.

(6) The pit, or vault must be ventilated to the outside air by means of a stack protected at its outlet by screens.

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NEW SECTION
WAC 480-66-460
Specifications for toilet rooms.

(1) Separation.

(a) No toilet room must have direct communication with any room in which unwrapped food products are prepared, stored, handled, or sold, unless separated by a self-closing door maintained in operating condition.

(b) Separate toilet facilities must be provided for men and women, and each toilet room must be plainly marked by a sign reading "men" or "women." However, where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided. Where a single occupancy room has more than one toilet, only one of them may be counted for the purpose of the table in WAC 480-66-470.

(c) There must be no direct connection between toilet rooms for men and women. Each must have a separate entrance, and each entrance door must have an automatic closing device maintained in operating condition.

(2) In toilet rooms containing more than one water closet, each water closet must be in an individual compartment.

(3) Every toilet room must be adequately ventilated.

(4) All toilet facilities must be clearly lighted at all times during working hours.

(5) Every toilet room other than privies must be kept adequately heated.

(6) All windows, ventilators, and other openings, must be screened to prevent the entrance of insects. Toilet rooms must be kept free of insects and vermin.

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NEW SECTION
WAC 480-66-470
Number of toilets required.

General.

(1) Adequate toilet facilities must be provided for all employees, and for each sex. Facilities must be conveniently located and accessible, and must be maintained at all times in a usable and sanitary condition and in a condition which is not offensive to a reasonable person.

(2) The following table must be used as a guide in determining the adequacy of toilet facilities.


Number of Employees Minimum Number of Facilities
1 to 10 persons 1 toilet
11 to 25 persons 2 toilets
26 to 49 persons 3 toilets
50 to 100 persons 5 toilets
100 persons or over 5 toilets plus 1 more for each additional 25 employees

(3) Whenever urinals are provided, one urinal may be substituted for one toilet, provided the number of toilets must not be reduced to less than two-thirds of the number shown in the foregoing table.

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NEW SECTION
WAC 480-66-480
Supplies for toilets.

(1) An adequate supply of toilet paper with holder must be maintained.

(2) In all toilet rooms used by women dispensing machines for sanitary napkins must be provided if requested.

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NEW SECTION
WAC 480-66-490
Location and types of toilets.

(1) Movable facilities. Flush, chemical, or incinerator type toilets must be provided on the following movable facilities:

(a) The lead locomotive of all trains except when used in yard service.

(b) Baggage and express cars where employees are required to work en route.

(c) Cabooses.

(2) Stationary facilities. Appropriate toilets, as required by these rules, must be provided and made accessible to all employees at all terminals, yards, stations, depots, office work areas, engine houses and shops, bunk or section houses, section headquarters, lunch rooms, and maintenance of way camps.

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PART 5 - EATING FACILITIES
NEW SECTION
WAC 480-66-500
Eating places.

(1) At all permanent and semi-permanent installations, an acceptable place with adequate space for eating meals must be provided for employees who bring their meals to their place of employment, or eat meals prepared at the camp facilities. An acceptable place with adequate space for eating meals must be provided at all other places whenever reasonably possible.

(2) Eating places must be constructed to permit them to be readily cleaned. At all times, they must be kept clean and sanitary, in good repair, and free of rodents, insects and vermin.

(3) Kitchen cars or other camp facilities must have adequate equipment for the sanitary preparation, cooking and refrigeration of food.

(4) If employees are allowed or required to eat in a locomotive, the eating area must be kept clean and sanitary at all times.

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NEW SECTION
WAC 480-66-510
Lunch rooms.

(1) In lunch rooms where food is served for employees, the food, equipment, and facilities are subject to the rules and regulations of the state department of health pertaining to public food establishments.

(2) Employees and workers handling and serving food are subject to those rules and regulations of the state department of health which are necessary to the sanitary handling of food.

(3) Concessionaire facilities provided by the company in lieu of direct company operations must comply with the regulations in these rules with respect to adequate space, adequate food handling facilities, sanitation and cleanliness.

(4) Adequate table and seating facilities must be provided for the maximum number of employees using the room at any one time.

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NEW SECTION
WAC 480-66-520
Specifications for lunch rooms and eating places.

(1) General. The minimum area of lunch rooms, or the amount of space to be added to that required for a locker room where a lunch room is not provided, must be based upon the maximum number of employees using the room or added space at any one time, in accordance with the following table:


Number of Employees Square Feet

Per Employee

10 to 25 8
26 to 74 7
75 to 149 6
150 to 499 5
500 and more 4

(2) Every eating place and lunch room must be adequately ventilated. Where reasonably possible cross-ventilation must be provided.

(3) All lunch rooms must be clearly lighted at all times during hours of use.

(4) Every lunch room must be kept reasonably heated at all times.

(5) The windows, ventilators and doors opening to the outside of all lunch rooms must be properly screened during the season when insects are prevalent.

(6) One or more covered receptacles, as needed, must be furnished in lunch room and eating places for the disposal of waste food and other waste matter. The containers must be emptied regularly and cleaned as often as needed. The area where the receptacles are kept must be maintained free of litter overflowing the receptacles.

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PART 6 - SLEEPING ACCOMMODATIONS
NEW SECTION
WAC 480-66-600
Specifications for all accommodations.

(1) Walls, floors and ceilings must be constructed to permit them to be readily cleaned.

(2) Exterior windows and doors must be weather stripped during cold weather.

(3) Screens must be provided for outer doors and windows during any season when insects are prevalent.

(4) Heating facilities and adequate fuel must be provided with which employees may maintain a comfortable temperature as weather conditions may require.

(5) Lighting, by windows and/or acceptable artificial illumination, must be provided.

(6) Ventilation must be provided by windows opening directly to the outside air.

(7) Beds, bunks or cots with proper mattresses must be provided. The beds, bunks or cots must be raised at least twelve inches above the floor and be located two feet or more from the side of any other bed, bunk or cot located in the same room, and have at least twenty-seven inches of clear space above it.

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NEW SECTION
WAC 480-66-620
Stationary facilities.

Dormitories or bunk rooms must be large enough to provide at least fifty square feet of floor area for each person. However, where double bunks are used at least thirty square feet of floor space must be provided for each person using a double bunk. The headroom of dormitories or bunk rooms must be at least seven feet.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 480-66-010 Definitions.
WAC 480-66-020 Water supply.
WAC 480-66-030 Toilets.
WAC 480-66-040 Eating places and lunch rooms.
WAC 480-66-050 Sleeping accommodations.
WAC 480-66-060 Cleanliness and maintenance.
WAC 480-66-070 General.

Washington State Code Reviser's Office