WSR 00-14-073

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 5, 2000, 10:38 a.m. ]

Subject of Possible Rule Making: WAC 296-155-305 Signaling, Flaggers, 296-155-205 Head protection, 296-155-625 Site clearing, 296-32-240 Employee protection in public work areas, and 296-45-52530 Employee protection in public work areas.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, [49.17].040, and [49.17].050, chapter 239, Laws of 2000 (ESHB 2647), and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 239, Laws of 2000 (ESHB 2647) states that the department's director must adopt permanent rules designed to improve options available to ensure the safety of flaggers and ensure that flaggers have adequate visual warning of objects approaching from behind them. These permanent rules must take effect no later than March 1, 2001.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal agencies (other than OSHA) are known that regulate this subject. The Washington State Department of Transportation (WSDOT) has rules that affect WAC 296-155-305. The department will communicate its rule-making activity to both OSHA and WSDOT.

Process for Developing New Rule: The department must adopt rules identical to or at-least-as-effective-as OSHA rules as required by the OSHA/WISHA state plan agreement. Parties interested in the formulation of these rules for proposal may contact the individuals listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lou Flores, Department of Labor and Industries, Policy and Technical Services, P.O. Box 44650, Olympia, WA 98504-4650, phone (360) 902-5237, fax (360) 902-5438; Dan McMurdie, Department of Labor and Industries, Policy and Technical Services, P.O. Box 44650, Olympia, WA 98504-4650, phone (360) 902-5460, fax (360) 902-5438; or George Huffman, Project Manager, Department of Labor and Industries, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5008, fax (360) 902-5529.

July 5, 2000

Gary Moore

Director

Washington State Code Reviser's Office