PERMANENT RULES
LABOR AND INDUSTRIES
Date of Adoption: May 9, 2001.
Purpose: Chapter 296-800 WAC, Safety and health core rules.
In 1999, the Washington state legislature approved funding
for a redesign of WISHA safety and health rules. Innovations
will contribute to safer and more healthful workplaces in
Washington by simplifying the language of the rules and
organizing them for ease of use. The purpose of this project is
to develop a user-friendly rulebook of core requirements that
apply to most employers in the state of Washington. We organized
the safety and health rules that apply to most employers into one
rulebook. We did not change or increase requirements with this
rulemaking.
Chapter 296-24 WAC, General safety and health standards.
| The title of this part has been changed to "Purpose and scope." |
| The title of this part has been changed to "Automatic sprinkler systems, Fire alarm signaling systems, and Employee emergency plans and fire prevention plans." |
| Added a reference indicating that personal protective equipment requirements have been moved to WAC 296-800-160. | |
| Added a reference indicating that electrical personal protective equipment requirements have been moved to WAC 296-24-980. | |
| Reserved this part. |
| This section has been rewritten to include a reference to chapter 296-800 WAC, Safety and health core rules. |
| This section has been repealed. |
| This section has been moved to WAC 296-800-360. | |
| This section has been repealed. |
| This section has been moved to WAC 296-800-360. |
| This section has been repealed. |
| This section is located in WAC 296-27-350. |
| This section has been repealed. |
| This section has been repealed. |
| Requirements relating to establishing, supervising, and enforcing a safe and healthful working environment; an accident prevention program; and training programs have been moved to WAC 296-800-110 and 296-800-140. | |
| Requirements relating to the investigation of accidents that have caused serious injuries have been moved to WAC 296-800-320. | |
| Requirements relating to equipment that has been involved in an immediate or probable fatality or the inpatient hospitalization of two or more employees have been moved to WAC 296-800-320. | |
| Requirements relating to machinery, tools, material and equipment meeting compliance requirements have been moved to WAC 296-800-110. | |
| Requirements relating to the posting of a notice or notices (the WISHA poster, Job safety and health protection; form F416-081-000) have been moved to WAC 296-800-200. | |
| Requirements relating to systems of maintaining records of occupational injuries and illnesses have been moved to WAC 296-27-030. | |
| This section has been repealed. |
| Requirements relating to the responsibilities of employees have been moved to WAC 296-800-120. | |
| This section has been repealed. |
| Requirements relating to the formal accident prevention program have been moved to WAC 296-800-140. | |
| This section has been repealed. |
| Requirements relating to safety and health committee plans have been moved to WAC 296-800-130. | |
| This section has been repealed. |
| Requirements relating to the safety bulletin board have been moved to WAC 296-800-190. | |
| This section has been repealed. |
| Requirements relating to first-aid have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| Requirements relating to who the first-aid requirements apply to have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| The purpose of the first-aid requirements has been moved to WAC 296-800-150. | |
| This section has been repealed. |
| Definitions relating to first aid have been moved to WAC 296-800-370. | |
| This section has been repealed. |
| Requirements relating to ensuring that first-aid assistance is available have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| Requirements relating to how many employees must be trained in first aid have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| Requirements relating to what first-aid training must cover have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| Requirements relating to how often employees must complete first-aid training have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| Requirements relating to documentation of first-aid training have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| Requirements relating to first-aid supplies have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| Requirements relating to first-aid stations have been moved to WAC 296-800-150. | |
| This section has been repealed. |
| This appendix has been incorporated into WAC 296-800-150. | |
| This section has been repealed. |
| This appendix has been incorporated into WAC 296-800-150. | |
| This section has been repealed. |
| Requirements relating to safe place standards have been moved to WAC 296-800-110. | |
| This section has been repealed. |
| This section has been repealed. |
| General requirements relating to personal protective equipment have been moved to WAC 296-800-160. | |
| This section has been repealed. |
| Requirements relating to eye and face protection have been moved to WAC 296-800-160. | |
| This section has been repealed. |
| General requirements relating to eye and face protection have been moved to WAC 296-800-160. | |
| A chart relating to filter lenses for protection against radiant energy has been moved to WAC 296-24-70003. | |
| This section has been repealed. |
| Requirements relating to occupational head protection have been moved to WAC 296-800-160. | |
| This section has been repealed. |
| Requirements relating to personal flotation devices have been moved to WAC 296-800-160. | |
| This section has been repealed. |
| Requirements relating to occupational foot protection have been moved to WAC 296-800-160. | |
| This section has been repealed. |
| Requirements relating to hand protection have been moved to WAC 296-800-160. | |
| This section has been repealed. |
| Requirements relating to electrical protective equipment have been moved to WAC 296-24-980. | |
| This section has been repealed. |
| Requirements relating to lighting and illumination have been moved to WAC 296-800-210. | |
| This section has been repealed. |
| This section has been repealed. |
| This appendix has been incorporated into WAC 296-800-160. | |
| This section has been repealed. |
| Update a reference. |
| Update references. |
| All general requirements relating to housekeeping have been moved to WAC 296-800-220. | |
| This section has been repealed. |
| Requirements relating to potable water have been moved to WAC 296-800-230. | |
| Requirements relating to the construction of nonpotable water systems have been moved to WAC 296-800-230. | |
| Requirements relating to outlets for nonpotable water have been moved to WAC 296-800-230. | |
| This section has been repealed. |
| Requirements relating to general toilet facilities have been moved to WAC 296-800-230. | |
| Requirements relating to the construction of toilet rooms have been moved to WAC 296-800-230. | |
| This section has been repealed. |
| General requirements relating to washing facilities have been moved to WAC 296-800-230. | |
| Requirements relating to lavatories have been moved to WAC 296-800-230. | |
| Requirements relating to showers have been moved to WAC 296-24-12010. | |
| This section has been repealed. |
| Moved requirements relating to showers to this section for better organization of information. |
| Requirements relating to waste disposal have been moved to WAC 296-800-220. | |
| This section has been repealed. |
| Requirements relating to vermin control have been moved to WAC 296-800-220. | |
| This section has been repealed. |
| Update a reference. |
| Requirements relating to the secure storage of material have been moved to WAC 296-800-220. | |
| This section has been repealed. |
| Requirements relating to housekeeping hazards within a storage area have been moved to WAC 296-800-220. | |
| This section has been repealed. |
| Requirements relating to proper drainage have been moved to WAC 296-800-220. | |
| This section has been repealed. |
| Update a reference. |
| Add a reference. |
| Add a reference. |
| Update a reference. |
| Requirements relating to means of egress have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| General requirements relating to means of egress have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Fundamental requirements relating to means of egress have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the protection of employees exposed by construction and repair operations have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the maintenance of automatic sprinkler systems, fire detection and alarm systems, exit lighting and fire doors have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| This section has been repealed. |
| Requirements relating to exit components have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the protective enclosure of exits have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the capacity in number of persons per unit of exit width have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to egress capacity and occupant load have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the arrangement of exits have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the access to exits have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the exterior ways of exit access have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the discharge from exits have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the headroom for means of egress has been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the changes in elevation for means of egress have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to the means of egress being continuously maintained free of all obstructions or impediments have been moved to WAC 296-800-310. | |
| Requirements relating to devices or alarms installed to restrict the improper use of an exit to not impede or prevent emergency use have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to furnishings and decorations obstructing exits have been moved to WAC 296-800-310. | |
| Requirements relating to furnishings and decorations being of an explosive or highly flammable character have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to fire retardant paints have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Requirements relating to exit marking have been moved to WAC 296-800-310. | |
| This section has been repealed. |
| Updated a reference. |
| Update references. |
| Update a reference. |
| Rewritten for clarity. |
| General requirements relating to portable fire extinguishers have been moved to WAC 296-800-300. | |
| This section has been repealed. |
| Requirements relating to the selection and distribution of portable fire extinguishers have been moved to WAC 296-800-300. | |
| This section has been repealed. |
| Requirements relating to the inspection, maintenance and testing of portable fire extinguishers have been moved to WAC 296-800-300. | |
| This section has been repealed. |
| The requirements relating to hydrostatic testing of portable fire extinguishers have been moved to WAC 296-800-300. | |
| Remaining requirements relating to hydrostatic testing have been moved to WAC 296-24-59212 for better organization of information. | |
| This section has been repealed. |
| Created this section relating to hydrostatic testing for better organization of information. |
| Requirements relating to the training and education of portable fire extinguishers have been moved to WAC 296-800-300. | |
| This section has been repealed. |
| Update a reference. |
| Rewritten for clarity. |
| Rewritten for clarity. |
| Requirements relating to the safe condition of tools and equipment used by employees have been moved to WAC 296-800-110. | |
| This section has been repealed. |
| Add a reference. |
| Update a reference. |
| Add a reference. |
| Add references. |
| Add a reference. |
| Moved chart relating to filter lenses for protection against radiant energy from WAC 296-24-07801 for better organization of information. |
| Add a reference. |
| Requirements relating to housekeeping hazards on walking/working surfaces have been moved to WAC 296-800-220. | |
| This section has been repealed. |
| Requirements relating to floor loading protection have been moved to WAC 296-800-270. | |
| This section has been repealed. |
| Requirements relating to buildings and floors have been moved to WAC 296-800-270. | |
| This section has been repealed. |
| Requirements relating to where fixed stairs are required have been moved to WAC 296-800-250. | |
| This section has been repealed. |
| Requirements relating to the design and construction of fixed stairs have been moved to WAC 296-800-250. |
| Requirements relating to stair width have been moved to WAC 296-800-250. |
| Requirements relating to stair treads have been moved to WAC 296-800-250. |
| Requirements relating to railings and handrails have been moved to WAC 296-800-250. | |
| This section has been repealed. |
| Some definitions relating to portable wood ladders have been moved to WAC 296-800-290 and 296-24-370. |
| Requirements relating to the polarity of connections have been moved to WAC 296-800-280. | |
| Requirements relating to outlet devices have been moved to WAC 296-800-280. | |
| Requirements relating to grounding have been moved to WAC 296-800-280. | |
| Update references. |
| Move requirements relating electrical protection equipment from WAC 296-24-092 to this section for better organization of information. | |
| Update references. |
WAC 296-27-090 Reporting of fatality or multiple hospitalization incidents.
| Requirements relating to the reporting of fatality or multiple hospitalization incidents have been moved to WAC 296-800-320. | |
| Requirements relating to equipment that has been involved in an immediate or probable fatality or the inpatient hospitalization of two or more employees have been moved to WAC 296-800-320. | |
| This section has been repealed. |
| Requirements relating to public records have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to exemptions for confidential reports have been moved to WAC 296-800-340. | |
| This section has been repealed. |
| Requirements relating to accident investigation reports have been moved to WAC 296-800-330. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to abatement verification have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| Requirements relating to movable equipment have been moved to WAC 296-800-350. | |
| This section has been repealed. |
| This section has been repealed. |
| Updated references. |
| Updated references. |
| Updated references. |
| Updated references. |
| Updated references. |
| Updated references. |
| Updated references. |
| Updated references. |
| Updated a reference. |
| Updated a reference. |
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| Added a reference. |
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| Updated a reference. |
| Updated a reference. |
| Updated references. |
| Updated references. |
| Modified this section to include a reference to the safety and health core rules. |
| Updated references. |
| Deleted a reference. |
| Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information. | |
| This section has been repealed. |
| Created this part and moved the trade secret requirements from WAC 296-62-05211 and 296-62-05417 to this part. | |
| Rewrite for clarity. |
| Created this section and moved definitions relating to trade secrets to this section for better organization of information. |
| Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information. | |
| Rewrite for clarity. |
| Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information. | |
| Rewrite for clarity. |
| Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information. | |
| Rewrite for clarity. |
| Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information. | |
| Rewrite for clarity. |
| Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information. | |
| Rewrite for clarity. |
| Moved requirements relating to the chemical hazard communication program to WAC 296-800-170. | |
| Changed the title of this section to "Manufacturers, importers and distributors -- Hazard communication." | |
| Rewrite for clarity. |
| Moved requirements relating to chemicals produced in the workplace or imported are hazardous, specific to manufacturers, importers and distributors produce, to this section. | |
| Rewrite for clarity. |
| Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170. | |
| This section has been repealed. |
| Moved requirements relating to making hazard determinations, specific to manufacturers, importers and distributors, to this section. | |
| Rewrite for clarity. |
| Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170. | |
| This section has been repealed. |
| Moved requirements relating to determining whether the chemicals produced or imported are health hazards, specific to manufacturers, importers and distributors, to this section. | |
| Rewrite for clarity. |
| Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170. | |
| This section has been repealed. |
| Moved requirements relating to material safety data sheets, specific to manufacturers, importers and distributors, to this section. | |
| Rewrite for clarity. |
| Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170. | |
| This section has been repealed. |
| Moved requirements relating to labeling, specific to manufacturers, importers and distributors, to this section. | |
| Rewrite for clarity. |
| Moved requirements relating to the employer's chemical hazard communication program to WAC 296-800-170. | |
| This section has been repealed. |
| Moved requirements relating to material safety data sheets, specific to manufacturers, importers and distributors, to this section. | |
| Rewrite for clarity. |
| Moved requirements relating to material safety data sheets (MSDSs) to WAC 296-800-170 and 296-800-180. | |
| This section has been repealed. |
| Moved requirements relating to material safety data sheets (MSDSs) to WAC 296-800-170 and 296-800-180. | |
| This section has been repealed. |
| Moved trade secret requirements to WAC 296-62-05305 - 296-62-05325 for better organization of information. | |
| This section has been repealed. |
| This section has been repealed. |
| Incorporated this appendix in WAC 296-800-170 and 296-62-054 - 296-62-05412. | |
| This section has been repealed. |
| Incorporated this appendix in WAC 296-800-170 and 296-62-054 - 296-62-05412. | |
| This section has been repealed. |
| This section has been repealed. |
| Moved this section to WAC 296-62-05325. | |
| This section has been repealed. |
| This section has been repealed. |
| Updated references. |
| Updated references. |
| Updated references. |
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| Updated references. |
| Updated references. |
| Updated references. |
| Requirements relating to lighting and illumination have been moved to WAC 296-800-210. | |
| This section has been repealed. |
| Updated references. |
| The scope and application relating to environmental tobacco smoke has been moved to WAC 296-800-240. | |
| This section has been repealed. |
| Definitions relating to environmental tobacco smoke have been moved to WAC 296-800-240. | |
| This section has been repealed. |
| Requirements relating to controls for environmental tobacco smoke have been moved to WAC 296-800-240. | |
| This section has been repealed. |
| This appendix has been moved to WAC 296-800-240. | |
| This section has been repealed. |
| Updated references. |
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| Updated a reference. |
| Updated a reference. |
| Moved requirements relating to inspections and citations to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to selecting workplaces to inspect to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to inspections - site visits to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to complaints by employees or employee representatives to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to results of a WISHA inspection to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to posting a citation and notice to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to civil penalties to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to assessing civil penalties to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to minimum penalty amounts to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to severity and probability determine base penalties to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to severity to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to probability to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to gravity and base penalties to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to adjustments to base penalties to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to increasing penalty amounts to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s) to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to application for extension of abatement date(s) to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s), application and timeliness to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s), application and service to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s), application and contents to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s), provisional determination to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s), notice of application, notice of opportunity for hearing, notice of provisional determination to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s) and posting to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s) and application for hearing to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s) and notice of hearing to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s) and hearings to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to extension of abatement date(s) and decision and order to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to citation and notices and copies to employee representatives to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to WISHA appeals to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to filing an appeal to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to content of an appeal to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to reassuming jurisdiction to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to reviewing appeals and extending review time to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to informal conferences to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to issuing and appealing corrective notices to WAC 296-800-350. | |
| This section has been repealed. |
| Moved requirements relating to notifying employees to WAC 296-800-350. | |
| This section has been repealed. |
| Added language regarding what the safety and health core rules represents and whom it affects. |
| Moved requirements relating to employer responsibilities and safe workplaces to WAC 296-800-110 through 296-800-11035. |
| &sqbul; | WAC 296-800-1105, provide a workplace free from recognized hazards. |
| &sqbul; | WAC 296-800-11010, provide and use means to make your workplace safe. |
| &sqbul; | WAC 296-800-11015, prohibit employees from entering, or being in, any workplace that is not safe. |
| &sqbul; | WAC 296-800-11020, construct your workplace so it is safe. |
| &sqbul; | WAC 296-800-11025, prohibit alcohol and narcotics from your workplace. |
| &sqbul; | WAC 296-800-11030, prohibit employees from using equipment or materials that do not meet the applicable WISHA requirements. |
| &sqbul; | WAC 296-800-11035, establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice. |
| Moved requirements relating to employee responsibilities to this section. |
| &sqbul; | WAC 296-800-12005 Employee responsibilities. |
| Moved requirements relating to safety committees and safety meetings to WAC 296-800-130 through 296-800-13015. | |
| Added a table for clarity. |
| &sqbul; | WAC 296-800-13005, establish a safety committee or have safety meetings. |
| &sqbul; | WAC 296-800-13010, make sure each meeting includes a discussion of safety topics. |
| &sqbul; | WAC 296-800-13015, make sure that safety committee meeting minutes are recorded and preserved. |
| Moved requirements relating to accident prevention programs to WAC 296-800-140 through 296-800-14025. |
| &sqbul; | WAC 296-800-14005, develop a formal, written accident prevention program. |
| &sqbul; | WAC 296-800-14020, develop, supervise, implement, and enforce safety and health training programs that are effective in practice. |
| &sqbul; | WAC 296-800-14025, make sure your accident prevention program is effective in practice. |
| Moved requirements relating to first-aid to WAC 296-800-150 through 296-800-15025. |
| &sqbul; | WAC 296-800-15005, make sure that first-aid trained personnel are available to provide quick and effective first aid. |
| &sqbul; | WAC 296-800-15010, make sure first-aid training contains required subjects. |
| &sqbul; | WAC 296-800-15015, document your first-aid training. |
| &sqbul; | WAC 296-800-15020, make sure appropriate first-aid supplies are readily available. |
| &sqbul; | WAC 296-800-15025, provide a first-aid station when required. |
| Moved requirements relating to personal protective equipment to WAC 296-800-160 through 296-800-16070. |
| &sqbul; | WAC 296-800-16005, do a hazard assessment for PPE. |
| &sqbul; | WAC 296-800-16010, document your hazard assessment for PPE. |
| &sqbul; | WAC 296-800-16015, select appropriate PPE for your employees. |
| &sqbul; | WAC 296-800-16020, provide PPE to your employees. |
| &sqbul; | WAC 296-800-16025, train your employees to use PPE. |
| &sqbul; | WAC 296-800-16030, retrain employees to use PPE, if necessary. |
| &sqbul; | WAC 296-800-16035, document PPE training. |
| &sqbul; | WAC 296-800-16040, require your employees to use necessary PPE on the job. |
| &sqbul; | WAC 296-800-16045, keep PPE in safe and good condition. |
| &sqbul; | WAC 296-800-16050, make sure your employees use appropriate face and eye protection. |
| &sqbul; | WAC 296-800-16055, make sure your employees use appropriate head protection. |
| &sqbul; | WAC 296-800-16060, make sure your employees use appropriate foot protection. |
| &sqbul; | WAC 296-800-16065, make sure your employees use appropriate hand protection. |
| &sqbul; | WAC 296-800-16070, make sure your employees are protected from drowning. |
| Moved requirements relating to chemical hazard communication to WAC 296-800-170 through 296-800-17055. |
| &sqbul; | WAC 296-800-17005, develop, implement, maintain, and make available a written chemical hazard communication program. |
| &sqbul; | WAC 296-800-17010, identify and list all the hazardous chemicals present in your workplace. |
| &sqbul; | WAC 296-800-17015, obtain and maintain material safety data sheets (MSDSs) for each hazardous chemical used. |
| &sqbul; | WAC 296-800-17020, make sure material safety data sheets are readily accessible to your employees. |
| &sqbul; | WAC 296-800-17025, label containers holding hazardous chemicals. |
| &sqbul; | WAC 296-800-17030, inform and train your employees about hazardous chemicals in your workplace. |
| &sqbul; | WAC 296-800-17035, follow these rules for laboratories using hazardous chemicals. |
| &sqbul; | WAC 296-800-17040, follow these rules for handling chemicals in factory-sealed containers. |
| &sqbul; | WAC 296-800-17045, translate certain chemical hazard communication documents upon request. |
| &sqbul; | WAC 296-800-17050, attempt to obtain a material safety data sheet (MSDS) upon request. |
| &sqbul; | WAC 296-800-17055, items or chemicals exempt from this rule, and exemptions from labeling. |
| Moved requirements relating to material safety data sheets to WAC 296-800-180 through 296-800-18020. |
| &sqbul; | WAC 296-800-18005, preserve exposure records for at least thirty years. |
| &sqbul; | WAC 296-800-18010, inform current employees of exposure records. |
| &sqbul; | WAC 296-800-18015, provide access to exposure records. |
| &sqbul; | WAC 296-800-18020, transfer records when ceasing to do business. |
| Moved requirements relating to safety bulletin boards to WAC 296-800-190 through 296-800-19005. |
| &sqbul; | WAC 296-800-19005, provide a safety bulletin board in your workplace. |
| Moved requirements relating to the WISHA poster to WAC 296-800-200 through 296-800-20005. |
| &sqbul; | WAC 296-800-20005, post and keep a WISHA poster in your workplace. |
| Moved requirements relating to lighting to WAC 296-800-210 through 296-800-21005. |
| &sqbul; | WAC 296-800-21005, provide and maintain adequate lighting. |
| Moved requirements relating to housekeeping, drainage, and storage to WAC 296-800-220 through 296-800-22040. |
| &sqbul; | WAC 296-800-22005, keep your workplace clean. |
| &sqbul; | WAC 296-800-22010, sweep and clean your workplace to minimize dust. |
| &sqbul; | WAC 296-800-22015, keep your workplace free of obstacles that interfere with cleaning. |
| &sqbul; | WAC 296-800-22020, control pests in your workplace. |
| &sqbul; | WAC 296-800-22022, make sure floors are maintained in a safe condition. |
| &sqbul; | WAC 296-800-22025, keep your workroom floors dry, when practical. |
| &sqbul; | WAC 296-800-22030, provide proper drainage. |
| &sqbul; | WAC 296-800-22035, store things safely. |
| &sqbul; | WAC 296-800-22040, control vegetation in your storage areas. |
| Moved requirements relating to drinking water, washing facilities, and waste disposal to WAC 296-800-230 through 296-800-23035. |
| &sqbul; | WAC 296-800-23005, provide safe drinking (potable) water in your workplace. |
| &sqbul; | WAC 296-800-23010, clearly mark the water outlets that are not fit for drinking (nonpotable). |
| &sqbul; | WAC 296-800-23015, make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems. |
| &sqbul; | WAC 296-800-23020, provide bathrooms for your employees. |
| &sqbul; | WAC 296-800-23025, provide convenient, clean washing facilities. |
| &sqbul; | WAC 296-800-23030, keep containers used for garbage or waste in a sanitary condition. |
| &sqbul; | WAC 296-800-23035, remove garbage and waste in a way that does not create a health hazard. |
| Moved requirements relating to environmental tobacco smoke to WAC 296-800-240 through 296-800-24010. |
| &sqbul; | WAC 296-800-24005, control tobacco smoke in your building. |
| &sqbul; | WAC 296-800-24010, control tobacco smoke that comes in from the outside. |
| Moved requirements relating to stairs and stair railings to WAC 296-800-250 through 296-800-25015. |
| &sqbul; | WAC 296-800-25005, provide fixed stairs where required. |
| &sqbul; | WAC 296-800-25010, provide stairs that minimize hazards. |
| &sqbul; | WAC 296-800-25015, provide handrails and stair railings. |
| Moved requirements relating to floor openings, floor holes and open-side floors to WAC 296-800-260 through 296-800-26010. |
| &sqbul; | WAC 296-800-26005, guard or cover floor openings and floor holes. |
| &sqbul; | WAC 296-800-26010, protect open-sided floors and platforms. |
| Moved requirements relating to workplace structural integrity to WAC 296-800-270 through 296-800-27020. |
| &sqbul; | WAC 296-800-27005, do not overload floors or roofs. |
| &sqbul; | WAC 296-800-27010, make sure that floors are safe. |
| &sqbul; | WAC 296-800-27015, make sure floors can support equipment that moves or has motion. |
| &sqbul; | WAC 296-800-27020, post approved load limits (weight limits) for floors. |
| Moved requirements relating to electrical to WAC 296-800-280 through 296-800-28045. |
| &sqbul; | WAC 296-800-28005, inspect all electrical equipment your employees use to make sure the equipment is safe. |
| &sqbul; | WAC 296-800-28010, make sure all electrical equipment is used for its approved or listed purpose. |
| &sqbul; | WAC 296-800-28015, make sure electrical equipment used or located in wet or damp locations is designed for such use. |
| &sqbul; | WAC 296-800-28020, make sure electrical equipment that is not marked is not used. |
| &sqbul; | WAC 296-800-28022, identify disconnecting means. |
| &sqbul; | WAC 296-800-28025, maintain electrical fittings, boxes, cabinets and outlets in good condition. |
| &sqbul; | WAC 296-800-28030, maintain all flexible cords and cables in good condition and use safely. |
| &sqbul; | WAC 296-800-28035, guard electrical equipment to prevent your employees from electrical hazards. |
| &sqbul; | WAC 296-800-28040, make sure electrical equipment is effectively grounded. |
| &sqbul; | WAC 296-800-28045, make sure electrical equipment has overcurrent protection. |
| Moved requirements relating to metal and wooden portable ladders to WAC 296-800-290 through 296-800-29045. |
| &sqbul; | WAC 296-800-29005, inspect your portable metal ladders periodically. |
| &sqbul; | WAC 296-800-29010, make sure your portable metal ladders are kept in good condition. |
| &sqbul; | WAC 296-800-29015, use your portable metal ladders safely. |
| &sqbul; | WAC 296-800-29020, inspect your portable wooden ladders frequently. |
| &sqbul; | WAC 296-800-29025, make sure your portable wooden ladders are kept in good condition. |
| &sqbul; | WAC 296-800-29030, use your portable wooden ladders safely and for their intended purpose. |
| &sqbul; | WAC 296-800-29035, safely use a portable wooden ladder when working more than twenty-five feet above the ground. |
| &sqbul; | WAC 296-800-29040, use stepladders safely. |
| Moved requirements relating to portable fire extinguishers to WAC 296-800-300 through 296-800-30025. |
| &sqbul; | WAC 296-800-30005, provide portable fire extinguishers in your workplace. |
| &sqbul; | WAC 296-800-30010, select and distribute portable fire extinguishers in your workplace. |
| &sqbul; | WAC 296-800-30015, make sure that portable fire extinguishers are kept fully charged, in good operating condition, and left in their designated places. |
| &sqbul; | WAC 296-800-30020, inspect and test all portable fire extinguishers. |
| &sqbul; | WAC 296-800-30025, train your employees to use portable fire extinguishers. |
| Moved requirements relating to exit routes and employee alarm systems to WAC 296-800-310 through 296-800-31080. |
| &sqbul; | WAC 296-800-31005, provide an adequate number of exit routes. |
| &sqbul; | WAC 296-800-31010, make sure that exit routes are large enough. |
| &sqbul; | WAC 296-800-31015, make sure that exit routes meet their specific design and construction requirements. |
| &sqbul; | WAC 296-800-31020, make sure that each exit route leads outside. |
| &sqbul; | WAC 296-800-31025, provide unobstructed access to exit routes. |
| &sqbul; | WAC 296-800-31030, exit doors must be readily opened from the inside. |
| &sqbul; | WAC 296-800-31035, use side-hinged doors to connect rooms to exit routes. |
| &sqbul; | WAC 296-800-31040, provide outdoor exit routes that meet requirements. |
| &sqbul; | WAC 296-800-31045, minimize danger to employees while they are using emergency exit routes. |
| &sqbul; | WAC 296-800-31050, mark exits adequately. |
| &sqbul; | WAC 296-800-31053, provide adequate lighting for exit routes and signs. |
| &sqbul; | WAC 296-800-31055, maintain the fire retardant properties of paints or other coatings. |
| &sqbul; | WAC 296-800-31060, maintain emergency safeguards. |
| &sqbul; | WAC 296-800-31065, maintain exit routes during construction and repair. |
| &sqbul; | WAC 296-800-31067, provide doors in freezer or refrigerated rooms that open from the inside. |
| &sqbul; | WAC 296-800-31070, install and maintain an appropriate employee alarm system. |
| &sqbul; | WAC 296-800-31075, establish procedures for sounding emergency alarms. |
| &sqbul; | WAC 296-800-31080, test the employee alarm system. |
| Moved requirements relating to accident reporting and investigating to WAC 296-800-320 through 296-800-32025. |
| &sqbul; | WAC 296-800-32005, report the death, probable death of any employee, or inpatient hospitalization of two or more employees within eight hours. |
| &sqbul; | WAC 296-800-32010, make sure that any equipment involved in an accident is not moved. |
| &sqbul; | WAC 296-800-32015, assign people to assist the department of labor and industries. |
| &sqbul; | WAC 296-800-32020, conduct a preliminary investigation for all serious injuries. |
| &sqbul; | WAC 296-800-32025, document investigation findings. |
| Moved requirements relating to releasing accident investigation reports to this section. |
| Moved requirements relating to protecting the identity of the source of confidential information to this section. |
| Moved requirements relating to WISHA appeals, penalties, and other procedural rules to WAC 296-800-350 through 296-800-35084. |
| &sqbul; | WAC 296-800-35002, types of workplace inspections. |
| &sqbul; | WAC 296-800-35004, scheduling inspections. |
| &sqbul; | WAC 296-800-35006, inspection techniques. |
| &sqbul; | WAC 296-800-35008, response to complaints submitted by employees or their representatives. |
| &sqbul; | WAC 296-800-35010, citations mailed after an inspection. |
| &sqbul; | WAC 296-800-35012, employees (or their representatives) can request a citation and notice. |
| &sqbul; | WAC 296-800-35016, posting a citation and notice and employee complaint information. |
| &sqbul; | WAC 296-800-35018, reasons to assess civil penalties. |
| &sqbul; | WAC 296-800-35020, minimum penalties. |
| &sqbul; | WAC 296-800-35022, base penalty calculations - severity and probability. |
| &sqbul; | WAC 296-800-35024, severity rate determination. |
| &sqbul; | WAC 296-800-35026, probability rate determination. |
| &sqbul; | WAC 296-800-35028, determining the gravity of a violation. |
| &sqbul; | WAC 296-800-35030, base penalty adjustments. |
| &sqbul; | WAC 296-800-35032, types of base penalty adjustments. |
| &sqbul; | WAC 296-800-35038, maximum base penalty amount. |
| &sqbul; | WAC 296-800-35040, reasons for increasing civil penalty amounts. |
| &sqbul; | WAC 296-800-35042, employers must certify that violations have been abated. |
| &sqbul; | WAC 296-800-35044, for willful, repeated, or serious violations, submit additional documentation. |
| &sqbul; | WAC 296-800-35046, submitting correction action plans. |
| &sqbul; | WAC 296-800-35048, submit progress reports to the department, when required. |
| &sqbul; | WAC 296-800-35049, WISHA determines the date by which abatement documents must be submitted. |
| &sqbul; | WAC 296-800-35050, inform affected employees and their representatives of abatement actions you have taken. |
| &sqbul; | WAC 296-800-35052, tag cited moveable equipment to warn employees of a hazard. |
| &sqbul; | WAC 296-800-35056, you can request more time to comply. |
| &sqbul; | WAC 296-800-35062, WISHA's response to your request for more time. |
| &sqbul; | WAC 296-800-35063, post the department's response. |
| &sqbul; | WAC 296-800-35064, a hearing can be requested about the department's response. |
| &sqbul; | WAC 296-800-35065, post the department's hearing notice. |
| &sqbul; | WAC 296-800-35066, hearing procedures. |
| &sqbul; | WAC 296-800-35072, post the hearing decision. |
| &sqbul; | WAC 296-800-35076, employers and employees can request an appeal of a citation and notice. |
| &sqbul; | WAC 296-800-35078, await the department's response to your appeal request. |
| &sqbul; | WAC 296-800-35080, department actions when reassuming jurisdiction over an appeal. |
| &sqbul; | WAC 296-800-35082, appealing a corrective notice. |
| &sqbul; | WAC 296-800-35084, notify employees. |
| Moved requirements relating to using standards from national organizations and federal agencies to WAC 296-800-360 through 296-800-36005. |
| &sqbul; | WAC 296-800-36005, comply with standards of national organizations or of federal agencies when referenced in WISHA rules. |
| Moved definitions to this section. |
Citation of Existing Rules Affected by this Order: AMENDED PARTS: Chapter 296-24 WAC, Part A-1, General, educational, medical and first-aid requirements, chapter 296-24 WAC, Part A-2, Personal protective equipment, chapter 296-24 WAC, Part G-1, Means of egress.
AMENDED SECTIONS: WAC 296-24-005 Purpose and scope, 296-24-10203 General requirements, 296-24-12001 Scope, 296-24-14007 Sign design and colors, 296-24-23503 General requirements, 296-24-23507 Footwalks and ladders, 296-24-23513 Electric equipment, 296-24-40513 Extinguishment, 296-24-567 Employee emergency plans and fire prevention, 296-24-58513 Protective clothing, 296-24-58517 Appendix A -- Fire brigades, 296-24-59201 Scope and application, 296-24-59215 Appendix A -- Portable fire extinguishers, 296-24-61705 Total flooding systems with potential health and safety hazards to employees, 296-24-62203 Specific requirements, 296-24-65501 Portable powered tools, 296-24-67515 Personal protective equipment, 296-24-68503 Application of arc welding equipment, 296-24-68505 Installation of arc welding equipment, 296-24-69001 General, 296-24-70003 Eye protection, 296-24-70005 Protective clothing, 296-24-95607 Wiring design and protection, 296-24-980 Safeguards for personnel protection, 296-32-200 Scope and application, 296-32-220 General, 296-32-230 Training, 296-32-250 Tools and personal protective equipment -- General, 296-32-260 Rubber insulating equipment, 296-37-510 Scope and application, 296-37-575 Recordkeeping requirements, 296-45-015 Scope and application, 296-45-035 Definitions, 296-45-055 Employer's responsibility, 296-45-075 Employer's safety program, 296-45-125 Medical services and first aid, 296-45-25505 Personal protective equipment, 296-45-275 Ladders, platforms, and manhole steps, 296-45-285 Hand, and portable powered tools, 296-45-45510 Sprayers and related equipment, 296-45-48535 Chemical cleaning of boilers and pressure vessels, 296-52-465 Storage of ammonium nitrate, 296-52-489 Transportation, 296-52-497 Blasting agents, 296-52-501 Water gel (slurry) explosives and blasting agents, 296-54-501 Scope and application, 296-54-507 Employer's responsibilities, 296-54-51120 Eye and face protection, 296-54-51160 Leg protection, 296-54-59340 Log unloading, booms, and rafting grounds -- Dry land sorting and storage, 296-56-60001 Scope and applicability, 296-56-60003 Variance and procedure, 296-56-60009 Accident prevention program, 296-59-001 Foreword, 296-59-005 Incorporation of other standards, 296-59-010 Safe place standards, 296-59-020 Management's responsibility, 296-59-025 Employee's responsibility, 296-59-030 Safety bulletin board, 296-59-035 First-aid, 296-59-050 Personal protective equipment, general requirements, 296-59-065 Fire protection and ignition sources, 296-59-070 Illumination, 296-59-085 Scaffolds, construction, use, and maintenance, 296-62-010 Purpose and scope, 296-62-050 Application for waiver or variances, 296-62-05207 Preservation of records, 296-62-054 Hazard communication purpose, 296-62-07101 To whom does chapter 296-62 WAC, Part E apply?, 296-62-07306 Requirements for areas containing carcinogens listed in WAC 296-62-07302, 296-62-07308 General regulated area requirements, 296-62-07336 Acrylonitrile, 296-62-07338 Appendix B -- Substance technical guidelines for acrylonitrile, 296-62-07342 1,2-Dibromo-3-chloropropane, 296-62-07347 Inorganic arsenic, 296-62-07367 Respiratory protection and personal protective equipment, 296-62-07373 Communication of EtO hazards to employees, 296-62-07385 Appendix B -- Substance technical guidelines for ethylene oxide (nonmandatory), 296-62-07417 Protective work clothing and equipment, 296-62-07419 Hygiene areas and practices, 296-62-07425 Communication of cadmium hazards to employees, 296-62-07460 Butadiene, 296-62-07470 Methylene chloride, 296-62-07473 Appendix A -- Substance safety data sheet and technical guidelines for methylene chloride, 296-62-07519 Thiram, 296-62-07521 Lead, 296-62-07523 Benzene, 296-62-07540 Formaldehyde, 296-62-07601 Scope and application, 296-62-07617 Protective work clothing and equipment, 296-62-07621 Communications of hazards to employees, 296-62-07631 Recordkeeping, 296-62-07717 Protective work clothing and equipment, 296-62-07721 Communication of hazards to employees, 296-62-11021 Open surface tanks, 296-62-20013 Protective clothing and equipment, 296-62-20015 Hygiene facilities and practices, 296-62-30001 Scope and application, 296-62-30230 Risk identification, 296-62-30235 Employee notification, 296-62-30425 Training course content for 40 and 80 hour hazardous waste clean-up courses, 296-62-30435 16-hour supplemental training for hazardous waste sites, 296-62-30605 Personal protective equipment selection, 296-62-3090 Handling drums and containers, 296-62-31410 Hazard communication program requirements under RCRA, 296-62-3195 Appendix E -- Training curriculum guidelines, 296-62-40003 Definitions applicable to all sections of this chapter, 296-62-40015 Hazard identification, 296-62-41031 Personal protective equipment selection, 296-62-41086 Appendix E -- Training curriculum guidelines, 296-63-009 Exemption requests, 296-67-005 Definitions, 296-67-053 Emergency planning and response, 296-67-061 Trade secrets, 296-67-291 Appendix C -- Compliance guidelines and recommendations for process safety management (nonmandatory), 296-78-500 Foreword, 296-78-515 Management's responsibility, 296-78-540 First-aid training and certification, 296-78-545 First-aid supplies, 296-78-56501 Log dumps and ponds, 296-78-670 Glue machines, 296-78-71001 General, 296-78-71003 Floor and wall openings, 296-78-71009 Stairways and ladders, 296-78-71011 Egress and exit, 296-78-71015 Tanks and chemicals, 296-78-71017 Dry kilns, 296-78-71019 Exhaust systems, 296-78-71023 Lighting, 296-78-730 Electrical service and equipment, 296-78-735 Elevators, moving walks, 296-78-795 Crane cages, 296-78-84005 Dry kilns, 296-79-010 Scope and application, 296-79-020 General requirements, 296-79-040 Fire protection, ignition sources and means of egress, 296-79-050 Personal protection clothing and equipment, 296-79-090 Electrical equipment and distribution, 296-79-100 Floors, platforms, stairways, ladders, loading docks, 296-79-120 Scaffolds, construction and maintenance, 296-79-300 Machine room equipment and procedures, 296-99-010 What safety hazards does this chapter require the employer to control?, 296-99-040 What practices must an employer follow for entry into grain storage structures?, 296-155-005 Purpose and scope, 296-155-110 Accident prevention program, 296-155-120 First-aid training and certification, 296-155-125 First-aid supplies, 296-155-130 First-aid station, 296-155-140 Sanitation, 296-155-17321 Hygiene facilities and practices, 296-155-17323 Communication of hazards to employees, 296-155-174 Cadmium, 296-155-17609 Exposure assessment, 296-155-17615 Protective work clothing and equipment, 296-155-17625 Employee information and training, 296-155-180 Hazard communication, 296-155-200 General requirements, 296-155-20301 Definitions, 296-155-260 Fire protection, 296-155-407 Protective clothing, 296-301-010 Textiles -- Application requirements, 296-301-020 General safety requirements, 296-301-215 First aid, 296-301-220 Personal protective equipment, 296-302-010 Bakery equipment -- General requirements, 296-302-02501 General requirements for flour-handling, 296-302-050 Miscellaneous equipment, 296-302-060 Biscuit and cracker equipment, 296-302-06513 Oil-burning equipment, 296-303-01001 General industry safety standards, 296-304-010 Scope and application, 296-304-06013 Health and sanitation, 296-305-01003 Scope and application, 296-305-01005 Definitions, 296-305-01009 Appeals, 296-305-01509 Management's responsibility, 296-305-01515 First-aid training and certification, 296-305-01517 First-aid kits, 296-305-04511 Elevated platforms, 296-305-05503 Summary of training requirements, 296-305-06005 Ground ladders, 296-305-06007 Electrical, 296-305-06503 General requirements, 296-305-06511 Indoor air quality, and 296-305-06515 Hose drying towers.
REPEALED SECTIONS: WAC 296-24-001 Foreword, 296-24-006 Equipment approval by nonstate agency or organization, 296-24-007 Incorporation of standards of national organization, 296-24-008 Incorporation of standards of federal agency, 296-24-010 Variance and procedure, 296-24-015 Education and first-aid standards, 296-24-020 Management's responsibility, 296-24-025 Employee's responsibility, 296-24-040 Accident prevention programs, 296-24-045 Safety and health committee plan, 296-24-055 Safety bulletin board, 296-24-061 First-aid requirements, 296-24-06105 What workplaces does this rule apply to?, 296-24-06110 What is the purpose of this rule?, 296-24-06115 What definitions apply to this section?, 296-24-06120 How must an employer ensure that first-aid assistance is available in the workplace?, 296-24-06125 How many employees must be trained in first aid?, 296-24-06130 What must first-aid training cover?, 296-24-06135 How often must employees complete first-aid training?, 296-24-06140 How must an employer document first-aid training?, 296-24-06145 What is the requirement for first-aid supplies?, 296-24-06150 What is the requirement to provide a first-aid station?, 296-24-06155 Appendix 1 -- Evaluation worksheet for the first-aid response plan, 296-24-06160 Appendix 2 -- First-aid kit guidance, 296-24-073 Safe place standards, 296-24-075 Personal protective equipment, 296-24-07501 General requirements, 296-24-078 Eye and face protection, 296-24-07801 General, 296-24-084 Occupational head protection, 296-24-086 Personal flotation devices, 296-24-088 Occupational foot protection, 296-24-090 Hand protection, 296-24-092 Electrical protective equipment, 296-24-094 Lighting and illumination, 296-24-096 Appendix A to Part A-2 -- References for further information (nonmandatory), 296-24-098 Appendix B to Part A-2 -- Nonmandatory compliance guidelines for hazard assessment and personal protective equipment selection, 296-24-12003 General requirements--Housekeeping, 296-24-12005 Water supply, 296-24-12007 Toilet facilities, 296-24-12009 Washing facilities, 296-24-12019 Waste disposal, 296-24-12021 Vermin control, 296-24-21503 Secure storage, 296-24-21505 Housekeeping, 296-24-21507 Drainage, 296-24-550 Means of egress, 296-24-55003 General requirements, 296-24-55005 Fundamental requirements, 296-24-55007 Protection of employees exposed by construction and repair operations, 296-24-55009 Maintenance, 296-24-565 Means of egress, general, 296-24-56501 Permissible exit components, 296-24-56503 Protective enclosure of exits, 296-24-56505 Width and capacity of means of egress, 296-24-56507 Egress capacity and occupant load, 296-24-56509 Arrangement of exits, 296-24-56511 Access to exits, 296-24-56513 Exterior ways of exit access, 296-24-56515 Discharge from exits, 296-24-56517 Headroom, 296-24-56519 Changes in elevation, 296-24-56521 Maintenance and workmanship, 296-24-56523 Furnishings and decorations, 296-24-56529 Fire retardant paints, 296-24-56531 Exit marking, 296-24-59205 General requirements, 296-24-59207 Selection and distribution, 296-24-59209 Inspection, maintenance and testing, 296-24-59211 Hydrostatic testing, 296-24-59213 Training and education, 296-24-65001 General requirements, 296-24-73503 Housekeeping, 296-24-73509 Floor loading protection, 296-24-73513 Buildings -- Floors, 296-24-76505 Where fixed stairs are required, 296-24-76517 Railings and handrails, 296-27-090 Reporting of fatality or multiple hospitalization incidents, 296-27-15501 Division of consultation and compliance, public records, 296-27-15503 Special exemptions for confidential reports within the department's files, 296-27-15505 Accident investigation reports, 296-27-210 Abatement verification, 296-27-21001 What is the purpose of this rule?, 296-27-21005 When does this rule apply?, 296-27-21010 What definitions apply to this rule?, 296-27-21015 What must an employer do when asked to abate a violation?, 296-27-21020 When must an employer submit additional documentation of abatement?, 296-27-21025 When must an employer provide abatement plans?, 296-27-21030 When must an employer submit progress reports?, 296-27-21035 What must an employer do to keep employees informed about abatement activities?, 296-27-21040 How will the department determine the date that documents are submitted?, 296-27-21045 What are the requirements related to movable equipment?, 296-27-21050 Appendix A (nonmandatory), 296-62-05211 Trade secrets, 296-62-05403 Scope and application, 296-62-05405 Definitions applicable to this part, 296-62-05407 Hazard determination, 296-62-05409 Written hazard communication program, 296-62-05411 Labels and other forms of warning, 296-62-05413 Material safety data sheets, 296-62-05415 Employee training and information, 296-62-05417 Trade secrets, 296-62-05419 Effective dates, 296-62-05421 Appendix A -- Health hazard definitions (mandatory), 296-62-05423 Appendix B -- Hazard determination (mandatory), 296-62-05425 Appendix C -- Information sources (advisory), 296-62-05427 Appendix D -- Definition of "trade secret" (mandatory), 296-62-05429 Appendix E -- Guidelines for employer compliance (advisory), 296-62-09003 Lighting and illumination, 296-62-12000 Environmental tobacco smoke in office work environments -- Scope and application, 296-62-12003 Definitions, 296-62-12005 Controls for environmental tobacco smoke, 296-62-12009 Appendix -- Smoking cessation program information -- Nonmandatory, 296-350-100 Inspections and citations, 296-350-10010 Selecting workplaces to inspect, 296-350-10020 Inspections -- Site visit, 296-350-10030 Complaints by employees or employee representatives, 296-350-10040 Results of a WISHA inspection -- Notice of violations, 296-350-10050 Posting a citation and notice, 296-350-150 Civil penalties, 296-350-15010 Assessing civil penalties -- Purpose, 296-350-15015 Minimum penalty amounts, 296-350-15020 Severity and probability determine base penalties, 296-350-15025 Severity, 296-350-15030 Probability, 296-350-15035 Gravity and base penalties, 296-350-15040 Adjustments to base penalties, 296-350-15045 Increasing penalty amounts, 296-350-350 Extension of abatement date(s) -- Application -- Authority, 296-350-35010 Application for extension of abatement date(s), 296-350-35015 Extension of abatement date(s) -- Application -- Timeliness, 296-350-35020 Extension of abatement date(s) -- Application -- Service, 296-350-35025 Extension of abatement date(s) -- Application -- Contents, 296-350-35030 Extension of abatement date(s) -- Provisional determination, 296-350-35035 Extension of abatement date(s) -- Notice of application -- Notice of opportunity for hearing -- Notice of provisional determination, 296-350-35040 Extension of abatement date(s) -- Posting, 296-350-35045 Extension of abatement date(s) -- Application for hearing, 296-350-35050 Extension of abatement date(s) -- Notice of hearing, 296-350-35055 Extension of abatement date(s) -- Hearings, 296-350-35060 Extension of abatement date(s) -- Decision and order, 296-350-500 Citation and notice -- Copy to employee representative, 296-350-600 WISHA appeals, 296-350-60010 Filing an appeal -- Who, when and where, 296-350-60015 What must be in a WISHA appeal, 296-350-60020 Why we reassume jurisdiction, 296-350-60030 Reviewing appeals and extending review time, 296-350-60035 Informal WISHA conferences, 296-350-60040 Issuing and appealing corrective notices, and 296-350-60045 Notifying employees.
Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.
Adopted under notice filed as WSR 00-23-099 on January 3, 2001 [November 21, 2000].
Changes Other than Editing from Proposed to Adopted Version: As a result of written or oral comments received, the following sections are being withdrawn:
WITHDRAWN SECTIONS: The following sections were proposed to be repealed and will not be repealed because some of the requirements in the section were not moved to the new safety and health core rulebook: WAC 296-24-005 Purpose and scope, 296-24-75003 Protection for floor openings, 296-24-76507 Stair strength, and 296-24-76509 Stair width, these sections were proposed to be repealed, they will not be adopted because it is not applicable.
The following sections were proposed to be amended and will
not be amended because some of the requirements in the section
were not moved to the new safety and health core rulebook:
WAC 296-24-12006 Water supply (nonpotable).
| This section was proposed as a new section. It will not be adopted as proposed. The requirements relating to nonpotable water were moved into WAC 296-800-230. |
| A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-20700 (4)(b)(vi)(C), this will not be adopted because it is not applicable. |
| A reference to the portable fire extinguisher section in WAC 296-800-300 was proposed to be added to WAC 296-24-23001, this will not be adopted because it is not applicable. |
| A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-23007(2), this will not be adopted because it is not applicable. |
| A reference to the floor openings, floor holes and open-sided floors in WAC 296-800-260 was proposed to be added to WAC 296-24-23533 (6)(d), this will not be adopted because it is not applicable. |
| References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-31503 (3)(b)(v) and (c)(v), these will not be adopted because they are not applicable. |
| References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-31505 (3)(a)(iv), (b)(iv) and (c)(v), these will not be adopted because they are not applicable. |
| References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-32003 (8)(i), these will not be adopted because they are not applicable. |
| A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-33011 (7)(a), this will not be adopted because it is not applicable. |
| References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-33015 (4)(a) and (b), these will not be adopted because they are not applicable. |
| References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-33017 (7)(c)(i) and (iii), these will not be adopted because they are not applicable. |
| A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-37005(4), this will not be adopted because it is not applicable. |
| A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-37019 (4)(d), this will not be adopted because it is not applicable. |
| A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-37023(1), this will not be adopted because it is not applicable. |
| References to the electrical section in WAC 296-800-280 were proposed to be added to WAC 296-24-47505 (17)(a) and (18), these will not be adopted because they are not applicable. |
| A reference to the floor openings, floor holes and open-sided floors section in WAC 296-800-260 was proposed to be added to WAC 296-24-75001(7), this will not be adopted because it is not applicable. |
| A reference to the floor openings, floor holes and open-sided floors section in WAC 296-800-260 was proposed to be added to WAC 296-24-75005(5), this will not be adopted because it is not applicable. |
| A reference to the portable ladders: Wooden and metal section in WAC 296-800-290 was proposed to be added to WAC 296-24-780, this will not be adopted because it is not applicable. |
| A reference to the portable ladders: Wooden and metal section in WAC 296-800-290 was proposed to be added to WAC 296-24-79501, this will not be adopted because it is not applicable. |
| A reference to the portable ladders: Wooden and metal section in WAC 296-800-290 was proposed to be added to WAC 296-24-81003 (2)(a), this will not be adopted because it is not applicable. |
| A reference to the electrical section in WAC 296-800-280 was proposed to be added to WAC 296-24-95605 (8)(d), this will not be adopted because it is not applicable. |
| Created this section and added the following clarifying language that reads: |
Definition of trade secret.
A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business (see 759 of the Restatement of Torts which is not included in this Appendix) in that it is not simply information as to single or ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the security investments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the operations of the business. Generally it relates to the production of goods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations in the business, such as a code for determining discounts, rebates or other concessions in a price list or catalogue, or a list of specialized customers, or a method of bookkeeping or other office management."
WAC 296-62-05320 Deny a written request for disclosure of a specific chemical identity in the manner specified in this rule.
| Corrected housekeeping errors. |
| Added a note that reads: |
| Added the following language at the end of WAC 296-62-054 that reads: |
(a) Which is formed to a specific shape or design during manufacture;
(b) Which has end use function(s) dependent in whole or in part upon its shape or design during end use; and
(c) Which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under WAC 296-62-05407), and does not pose a physical hazard or health risk to employees.
Director means the director of the department of labor and industries or his/her designee.
Chemical means any element, chemical compound or mixture of elements and/or compounds.
Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution.
Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
Employee means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise. However, for the purposes of this part, employee shall not mean immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity or officers of any closely held corporation engaged in agricultural production of crops or livestock. This part applies to employees who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies.
Employer means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. This part applies to employers engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.
Exposure or exposed means that an employee is/was subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure.
Foreseeable emergency means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.
Hazardous chemical means any chemical which is a physical hazard or a health hazard.
Identity means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS.
Importer means the first business within the Customs Territory of the United States which receives hazardous chemicals produced in other countries, for the purpose of supplying them to distributors or employers within the United States.
This definition is the same as Webster's therefore we did not include it in the definitions.
Material safety data sheet (MSDS) means written or printed material concerning a hazardous chemical which is prepared in accordance with WAC 296-62-05408.
Mixture means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.
Novelty and prior art. A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability.
These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research. The patent monopoly is a reward to the inventor. But such is not the case with a trade secret. Its protection is not based on a policy of rewarding or otherwise encouraging the development of secret processes or devices. The protection is merely against breach of faith and reprehensible means of learning another's secret. For this limited protection it is not appropriate to require also the kind of novelty and invention which is a requisite of patentability. The nature of the secret is, however, an important factor in determining the kind of relief that is appropriate against one who is subject to liability under the rule stated in this section. Thus, if the secret consists of a device or process which is a novel invention, one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use. If, on the other hand, the secret consists of mechanical improvements that a good mechanic can make without resort to the secret, the wrongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate.
Secrecy. The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged to secrecy. Others may also know of it independently, as, for example, when they have discovered the process or formula by independent invention and are keeping it secret. Nevertheless, a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one's trade secret are:
The extent to which the information is known outside of his business;
The extent to which it is known by employees and others involved in his business;
The extent of measures taken by him to guard the secrecy of the information;
The value of the information to him and his competitors;
The amount of effort or money expended by him in developing the information;
The ease or difficulty with which the information could be properly acquired or duplicated by others.
Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) registry number, or any other information that reveals the precise chemical designation of the substance.
Trade secret means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. WAC 296-62-05225 provides a legal definition of trade secret and this rule sets out the criteria to be used in evaluating trade secrets.
Use means to package, handle, react, emit, extract, generate as a by-product, or transfer.
Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas."
| Added the following language: |
Chemical means any element, chemical compound or mixture of elements and/or compounds.
Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution.
Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
Combustible liquid means any liquid having a flashpoint at or above 100F (37.8C), but below 200F (93.3C), except any mixture having components with flashpoints of 200F (93.3C), or higher, the total volume of which make up ninety-nine percent or more of the total volume of the mixture.
Commercial account means an arrangement whereby a retail distributor sells hazardous chemical(s) to an employer, generally in large quantities over time and/or at costs that are below the regular retail price.
Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
Compressed gas means:
(a) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70F (21.1C); or
(b) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130F (54.4C) regardless of the pressure at 70F (21.1C); or
(c) A liquid having a vapor pressure exceeding 40 psi at 100F (37.8C) as determined by ASTM D-323-72.
Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this part, pipes or piping systems are not considered to be containers.
Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
Definitions applicable to this rule:
Distributor means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.
Employee means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise. However, for the purposes of this part, employee shall not mean immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity or officers of any closely held corporation engaged in agricultural production of crops or livestock. This part applies to employees who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies.
Employer means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. This part applies to employers engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.
Explosive means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.
Exposure or exposed means that an employee is/was subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure.
Flammable means a chemical that falls into one of the following categories:
(a) Aerosol flammable means an aerosol that, when tested by the method described in 16 C.F.R. 1500.45 yields a flame projection exceeding eighteen inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening;
(b) Gas, flammable means:
(i) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen percent by volume or less; or
(ii) A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than twelve percent by volume, regardless of the lower limit;
(c) Liquid, flammable means any liquid having a flashpoint below 100F (37.8C), except any mixture having components with flashpoints of 100F (37.8C) or higher, the total of which make up ninety-nine percent or more of the total volume of the mixture.
(d) Solid, flammable means a solid, other than a blasting agent or explosive as defined in WAC 296-52-417 or 29 C.F.R. 1910.109(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.
Flashpoint means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows:
(a) Tagliabue closed tester: (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100F (37.8C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or
(b) Pensky-Martens closed tester: (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100F (37.8C), or that contain suspended solids, or that have a tendency to form a surface film under test; or
(c) Setaflash closed tester: (See American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).
Note: Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above.
Foreseeable emergency means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.
Hazardous chemical means any chemical which is a physical hazard or a health hazard.
Hazard warning means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the specific physical and health hazard(s), including target organ effects, of the chemical(s) in the container(s). (See definition for "physical hazard" and "health hazard" to determine the hazards which must be covered.)
Health hazard means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees.
The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Appendix A provides further definitions and explanations of the scope of health hazards covered by this part, and Appendix B describes the criteria to be used to determine whether or not a chemical is to be considered hazardous for purposes of this standard.
Identity means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS.
Importer means the first business within the Customs Territory of the United States which receives hazardous chemicals produced in other countries, for the purpose of supplying them to distributors or employers within the United States.
This definition is the same as Webster's therefore we did not include it in the definitions.
Material safety data sheet (MSDS) means written or printed material concerning a hazardous chemical which is prepared in accordance with WAC 296-62-05408.
Mixture means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.
Organic peroxide means an organic compound that contains the bivalent-0-0-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
Oxidizer means a chemical other than a blasting agent or explosive as defined in WAC 296-52-417 or C.F.R. 1910.109(a), that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases.
Permissible exposure limits (PELs) refer to airborne concentrations of substances without regard to the use of respiratory protection and represent conditions under which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effect. The permissible exposure limits (PELs) shall include the following four categories:
(a) Permissible exposure limits - Time-weighted average (PEL-TWA) is the time weighted average airborne exposure to any 8-hour work shift of a 40-[hour] work week which shall not be exceeded.
(b) Permissible exposure limits - Short-term exposure limit (PEL-STEL) is the employee's 15-minute time weighted average exposure which shall not be exceeded at any time during a work day unless another time limit is specified in a parenthetical notation below the limit. If another time period is specified, the time weighted average exposure over that time period shall not be exceeded at any time during the working day.
(c) Permissible exposure limits - Ceiling (PEL-C) is the employee's exposure which shall not be exceeded during any part of the work day. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time weighted average exposure which shall not be exceeded at any time over a working day.
(d) "Skin" notation is the potential contribution to the overall employee exposure by the cutaneous route including mucous membranes and eye, either by airborne, or more particularly, by direct contact with the substance. These substances are identified as having a "skin" notation in the OSHA and WISHA PEL tables (29 C.F.R. Part 1910 Subpart Z and WAC 296-62-075, respectively).
Physical hazard means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
Produce means to manufacture, process, formulate, blend, extract, generate, emit, or repackage.
Purchaser means an employer with a workplace who purchases a hazardous chemical for use within that workplace.
Pyrophoric means a chemical that will ignite spontaneously in air at a temperature of 130F (54.4C) or below.
Responsible party means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) registry number, or any other information that reveals the precise chemical designation of the substance.
Threshold limit values (TLVs) refer to airborne concentrations of substances without regard to the use of respiratory protection and represent conditions under which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effect. The TLV includes the TLV-Time weighted average (TLV-TWA), TLV-Short term exposure limit (TLV-STEL), TLV-Ceiling (TLV-Ceiling) and "skin" notation as stated in the most recent edition of the 'Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices' from the American Conference of Governmental Industrial Hygienists (ACGIH).
Trade secret means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. WAC 296-62-05427, Appendix D, provides a legal definition of trade secret and WAC 296-62-05417 sets out the criteria to be used in evaluating trade secrets.
Unstable (reactive) means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.
Use means to package, handle, react, emit, extract, generate as a by-product, or transfer.
Water-reactive means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard.
Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas."
| Added language regarding what the safety and health core rules represents and who it affects. | |
| Added language in the introduction relating to building, fire, and electrical codes that reads: |
Fire codes: WISHA rules contain basic requirements for portable fire extinguishers, exit routes, housekeeping, storage, stairs and electrical hazards for the protection of employees in your workplace. The rules contained in this book are the most basic requirements to make sure that as an employer you provide a safe and healthy work environment. However, these are not the only rules regarding the requirements for portable fire extinguishers, exit routes, housekeeping, storage, stairs and electrical. The fire marshall and local fire authorities enforce the Uniform Fire Code (UFC). WISHA and UFC differ in some areas, for example UFC requires exit sign lettering to be 6" or more and WISHA only states that the letters have to be clearly visible. Fire codes have more detailed and extensive requirements for the protection of the public than WISHA. Some codes overlap with WISHA requirements.
Building and electrical codes: WISHA rules are minimum requirements regardless of when the building was built or remodeled. Buildings must also comply with building and electrical codes at the time of construction. If you remodel you must comply with the building and electrical codes applicable at that time. Building authorities and electrical inspection authorities enforce rules from the Uniform Building Code (UBC), and the National Electrical Code (NEC).
You are encouraged to call your local fire, building or electrical authority. For more information on the requirements in your area look in the government section of your phone book. Copies of these codes are available at your local library."
WAC 296-800-110 Employer responsibilities: Safe workplace.
| Added a note that reads: |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| First bullet now reads: |
| Added a note that reads: |
WAC 296-800-11010 Provide and use means to make your workplace safe.
| First bullet now reads: |
"Do not interfere with use of any of the above."
"Do not interfere with the use of any method or process adopted for the protection of any employee."
"Do everything reasonably necessary to protect the life and safety of your employees."
WAC 296-800-11015 Prohibit employees from entering, or being in, any workplace that is not safe.
| Title of this section now reads: |
| Added a bullet that reads: |
WAC 296-800-11020 Construct your workplace so it is safe.
| Title of this section now reads: |
WAC 296-800-11025 Prohibit alcohol and narcotics from your workplace.
| Second bullet now reads: |
| Third bullet is now an exemption. |
| Title of this section now reads: |
| First bullet now reads: |
WAC 296-800-11035 Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.
| Moved rule from WAC 296-800-14015. | |
| The title now reads: |
| Added a bullet that reads: |
WAC 296-800-120 Employee responsibilities.
| Added a note that reads: |
WAC 296-800-12005 Employee responsibilities.
| Fourth bullet now reads: |
| Sixth bullet now reads: |
| Seventh bullet now reads: |
| Ninth bullet now reads: |
| Tenth bullet now reads: |
WAC 296-800-130 Safety committees and safety meetings.
| Summary page now reads: |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| The title now reads: "Establish a safety committee or have safety meetings." |
| Added the words "You must." |
| This rule now reads: |
| IF: | Then: |
| You employ 11 or more
employees on the same shift at
the same location. OR If you have 11 or more that meet these conditions: Work on different shift and 10 or less employees are on each shift OR Work in widely separated locations and 10 or less employees are at each location. |
You must establish a
safety committee
You may elect to have a safety meeting instead of a safety committee. |
| Has both employer-selected and employee-selected members. |
- The term of employee-elected members must be a maximum of one year. This rule does not specify the number of terms a representative can serve.
- If there is an employee-elected member vacancy, a new member must be elected prior to the next scheduled meeting.
| Has an elected chairperson. |
| Determines how often the safety committee will meet. |
| If the committee cannot agree on the frequency of safety meetings, the department of labor and industries regional safety consultation representative must be consulted for recommendations (see the resource section in this book). |
| Employees selected by the employees bargaining representative or union qualify as "employee-elected." |
Make sure your safety committee:
| Determines when and where the safety committee will meet. |
Make sure safety meetings:
| Are held at least once a month; or weekly (or biweekly) if conditions arise that require discussions of safety problems. |
| Be composed of at least one management representative, in addition to the crew/staff." |
| The title now reads: "Make sure that each meeting includes a discussion of established safety topics." |
| First bullet now reads: "You must: At each safety committee or safety meeting |
| First dash now reads: "Review safety and health inspection reports to help correct safety hazards." |
| Second dash now reads: "Evaluate the accident investigations conducted since the last meeting to determine if causes of the unsafe situation were identified and corrected." |
| Third dash now reads: "Evaluate the workplace accident and illness prevention program and discuss recommendations for improvement if needed." |
| Second paragraph now reads: "In addition, at each meeting you must:" |
| Fourth dash now reads: "Document attendance |
| Fifth dash now reads: "Write down subject(s) discussed." |
| Added the words "You must." |
| First bullet now reads: |
| "Prepare minutes from each safety committee meeting: | |
| - Preserved them for one year. | |
| - Make them available for review by safety and health consultation personnel of the department of labor and industries." |
| Summary page now reads: |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| First bullet: Replace the word "type" with "types." |
| Second bullet now reads: |
| First diamond now reads: |
| Third diamond bullet: Add the word "the." |
| Sixth diamond bullet: Add a comma. |
| Seventh diamond now reads: "Identification of |
| Second dash: Deleted the word "designated." |
| Deleted the word "See" from the reference. |
| Moved rule to WAC 296-800-11035. |
| Title now reads: "Develop, supervise, implement, and enforce safety and health training programs that are effective in practice." |
| Summary page now reads: "Your responsibility: |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| Title now reads: "Make sure that first aid |
| First bullet now reads: "Choose one of the following two options to make sure that
|
| Second dash now reads: "- Determine how many, if any, employees |
| Second diamond now reads: "Another person with first aid training is present or available to your employees, whenever you have 2 or more employees present." |
| Note now reads: " |
| First bullet: Add and delete a comma. |
| Title now reads: "Make sure |
| Second bullet: Added the word "are." |
| Third bullet: Replace the word "the" with "an." |
| Fourth dash: Replaced the word "have" with "has." |
| Summary page now reads: "What is PPE?: PPE |
| Changed the note to an exemption. |
| Replace the word "requirement" with "rules." |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| Note now reads: "PPE as one should not be relied on to provide protection
for your employees. PPE should be used after all other
reasonable means of reducing hazards have been carried out.
Identifying hazards in your workplace should be built into your
regular routine. - Consider other ways |
| First bullet now reads: - "Name of person certifying |
| Title now reads: "Select appropriate PPE for your employees." |
| This rule now reads: "(1) Select appropriate PPE. |
| Select appropriate PPE for your employees if hazards are present, or likely to be present. |
| Select PPE for each at-risk employee to use for protection from the hazards identified in your workplace hazard assessment. |
| Communication your PPE selection decisions to each at-risk employee. |
| (2) Select PPE that properly fits each at-risk employee." |
| Move language relating to communicating your PPE selection decision to WAC 296-800-16025. |
| In the note: Added the word "may." Added a comma. Replaced "department of labor and industries" with "OSHA." Deleted "a" and changed "professional" to "professionals." |
| Second bullet now reads: -"Is the type that would not reasonable or normally be worn away from the workplace such as single use or disposable PPE." |
| Note now reads: "Examples of PPE that the employer must provide are: - Boots or gloves that could become contaminated with hazardous materials in the workplace. - Safety glasses, goggles, and non-prescription protective eyewear. - Goggles that - Hardhats. - Full body harnesses and lanyards. - Single use or disposable PPE such as plastic type gloves used in the food service or medical industries." |
| Move language relating to communicating your PPE selection decision from WAC 296-800-16015. |
| First bullet now reads: "Communicate your PPE selection decisions to each at-risk employee." |
| First bullet now reads: "Retrain an employee when you have reason to believe the
understanding |
| Title now reads: "Require your employees to use necessary PPE on the job." |
| Added a bullet that reads: "You must: Require your employees to use necessary PPE on the job." |
| Delete language: |
-selected the appropriate PPE for your employees
-trained employees to use PPE."
WAC 296-800-16045 Keep PPE in safe and in good condition.
| Title now reads: "Keep PPE in safe and |
| Replace the first bullet with the following that reads: |
| "Make sure all PPE is safe for the work to be
performed. It must: - Be durable. - Fit snugly. - Not interfere with the employee's movement. |
| Make sure PPE is used and maintained in a clean and
reliable condition. -Defective equipment must not be used." |
| Third bullet reads: "Make sure if employees provide their own PPE, that it is adequate for the workplace hazards, and maintained in a clean and reliable condition." |
| Third bullet was incorporated into the first bullet. |
| First bullet reads: "Make sure that employees exposed to hazards that could
injure their eyes |
| Second dash now reads: "- Is large |
| Fourth bullet: Replaced the word "requirements" with "standards." |
| The rule now reads: | |
| "(1) Make sure employees wear appropriate protective helmets. |
- Flying or propelled objects.
- Falling objects or materials.
Make sure Where employees are working around or under
scaffolds or other overhead structures wear protective
helmets.
Make sure protective That helmets meet the following
specific ANSI standards (most commercially available
PPE is marked with specific ANSI requirements):
- Protective helmets bought before February 20, 1995, must meet ANSI standard Z89.1-1969.
- Protective helmets bought after February 20, 1995, must meet ANSI standard Z89.1-1986.
- If you use protective helmets that do not meet these ANSI standards, you must show they are equally effective.
(2) Make sure employees working near exposed electrical conductors that could contact their head wear a protective helmet designed (that meet the above ANSI standards)."
Fourth bullet: Is numbered 3. Replace the word "then" with "if."
Fifth bullet: Language from the fifth bullet was incorporated into the first bullet.
Deleted the note that read:
"Note: When an employee must wear PPE, such as mask type
respirators or ear-cup-type hearing protection devices, and hair,
either facial or head, interferes with a proper seal."
WAC 296-800-16060 Make sure your employees use appropriate foot protection.
| The rule now reads: |
- Rolling objects.
- Piercing/cutting injuries.
- Electrical hazards.
Make sure employees wear calks or other suitable
footwear to protect against slipping while they are working
on top of logs.
Make sure PPE used to protect your employees' feet That
meets specific ANSI requirements.
(2) Make sure employees wear calks or other suitable footwear to protect against slipping while they are working on top of logs."
WAC 296-800-16065 Make sure your employees use appropriate hand protection.
| First bullet: Delete the word "severe." |
| Title now reads: "Make sure your employees are protected from drowning." |
| The rule now reads: |
Make sure employees wear personal flotation devices
(PFDs) When they work in areas where the danger of drowning
exists, such as:
- On the water.
- Over the water.
- Alongside the water.
Note: Employees are not exposed to the danger of drowning when:
- The water is known to be less than chest high on the employee.
- Employees are working behind standard strength and height guardrails.
- Employees are working inside operating cabs or stations that eliminate the possibility of accidentally falling into the water.
- Employees are wearing an approved safety belt with a lifeline attached that prevents the possibility of accidentally falling into the water.
Provide your employees with appropriate or allowable
approved United States Coast Guard-approved PFDs. Ski
belts or inflatable type PFDs are prohibited. The
following are appropriate or allowable United States
Coast Guard-approved PFDs."
| Fourth bullet: Is numbered (2). Replace the words "exposure to" with "the risk of." |
| The introduction now reads: |
Important:
Thousands of chemicals can be found in today's workplaces. These chemicals may have the capacity to cause health problems, from minor skin irritations to serious injuries or diseases like cancer.
The employer chemical hazard communication rule was developed to make sure employers and employees are informed about chemical hazards in the workplace.
This rule applies to:
Employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.
Contractors or subcontractors that work for employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.
Note:
If you produce, import, distribute and/or repackage chemicals, or choose not to rely on labels or material safety data sheets provided by the manufacturer or importer, you must comply with chemical hazard communication for manufacturers, importers and distributors, WAC 296-62-054.
You may withhold trade secret information under certain circumstances, see trade secrets, WAC 296-62-053, to find out what information may be withheld as a trade secret and what information must be released.
Exemptions:
For the purposes of this employer hazard communication rule, if you are engaged in agricultural production of crops or livestock, "employee" does not mean:
-Immediate family members of the officers of any corporation, partnership, sole proprietorship or other business entity or officers of any closely held corporation.
Certain products, chemicals, or items are exempt from this rule. Below is a summarized list of these exemptions. See WAC 296-800-17055 at the end of this rule to get complete information about these exemptions:
- Any hazardous waste or substance.
- Tobacco or tobacco products.
- Wood or wood products that are not chemically treated and will not be processed, for example, by sawing and sanding.
- Food or alcoholic beverages.
- Some drugs, such as retail or prescription medications.
- Retail cosmetics.
- Ionizing and nonionizing radiation.
- Biological hazards.
- Any consumer product or hazardous substance when workplace exposure is the same as that of a consumer.
- Retail products used in offices in the same manner and frequency used by consumers can be termed "consumer products." Consumer products include things such as: Correction fluid, glass cleaner, and dishwashing liquid.
Example: If you use a household cleaner in your workplace in the same way that a consumer would use it when cleaning their house, the exposure should be the same as the consumer's. ("In the same way" means using the household cleaner in the same manner and frequency.) A janitor using a household cleaner, such as bleach, throughout the day, is not considered to be consumer use.
Manufactured items that remain intact are exempt for this rule.
The following are examples:
| Item | Covered by this rule | Not covered by this rule |
| Brick | sawed or cut in half | used whole or intact |
| Pipe | cut by a torch | bent with a tube bender |
| Nylon rope | burning the ends | tying a knot |
| Manufactured items that are fluids or in the form of particles are not exempt for this rule." |
| Summary page now reads: "Your responsibility: To inform and train your employees about the hazards of chemicals they may be exposed to during normal working conditions, or in foreseeable emergencies by:" |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| First bullet: Delete the word "and." |
| Second bullet reads: " |
| Fourth bullet now reads: | |
| "Make sure |
|
| - Provide the other employer(s) with a copy of the relevant
material safety data sheets (MSDSs) or provide access to the
|
|
| - Inform the other employer(s) of any precautionary measures that need to taken to protect employees during normal operating conditions and in foreseeable emergencies. | |
| - Describe how to inform the other employer(s) of the labeling system used in the workplace." |
| Note now reads: |
| Examples of employees of other employers who could be exposed to chemical hazards that you produce, use, or store in your workplace include employees of construction, cleaning service, or maintenance contractors visiting or working on-site. | |
| Your employees have the right to get chemical hazard communication information from other employers at workplaces where they are working; and | |
| Employees of other employers have the right to get the information from you when they are working at your workplace. | |
| Include in your written chemical hazard communication program the methods that you will use to share information with other employers and their employees at your workplace(s) regarding: |
- Precautionary measures such as personal protective equipment and emergency plans.
- Any labeling systems used at the workplace.
If you rely on another employer's chemical hazard
communication program to share the information required and
the program meets the requirements of this rule, document
this say so in your own written chemical hazard
communication program."
| Fifth bullet now reads: "Make your chemical hazard communication program available
to your employees. |
| Note now reads: |
| You must make the written chemical hazard communication
program available, upon request, to employees, their
designated representatives, the |
|
| Where employees must travel between workplaces during a workshift, that is, if their work is carried out at more than one geographical location, the written chemical hazard communication program may be kept at the primary workplace facility." |
| First bullet: Replace the word "predictable" with "foreseeable." |
| Second bullet: Spell out (MSDS), material safety data sheets. Replace the word "requirement" with "rule." |
| Note now reads: |
The following are some ways to determine whether a product is hazardous:
- Look for words on the label, such as CAUTION, WARNING, or DANGER.
- Look for words or "hazard coding" that indicate that the chemical is flammable, an irritant, corrosive, carcinogenic, etc. "Hazard coding" refers to words, numbers, or colors that tell you a chemical is dangerous.
- Check the product's MSDS for hazard information.
Examples of hazardous chemicals are: Acids, adhesives, caustics, fuels, paints, varnishes, shellacs and pesticides. Too many other classes of hazardous chemicals exist to list them all here.
If you have any questions about a chemical you have at your workplace, contact your local L&I office (see the resource section of this book)."
WAC 296-800-17015 Obtain and maintain material safety data sheets (MSDS) for each hazardous chemical used.
| Note now reads: "MSDSs are a type of employee exposure record. Therefore,
you must comply with the Access to MSDS as Exposure Records, WAC 296-800-180, |
| First bullet now reads: "Obtain a MSDS for each hazardous chemical used as soon as
possible if the MSDS is not provided with |
| Second bullet: Incorporate information into first bullet. |
| Note: Housekeeping errors fixed. For example, changed the word "chemical" to "chemicals." |
Title now reads:
| "Make sure |
| Note now reads: |
| Electronic access (such as computer or fax),
microfiche, and other alternatives to maintaining paper
copies of the (( |
|
| Barriers to immediate access of electronic (( -Power outages. -Equipment failure. -System delays. -Deficient user knowledge to operate equipment. -Location of equipment outside the work area. Solutions to eliminating these and other possible barriers to access may require the availability of back-up systems, employee training, and providing access equipment in the work areas. |
|
| Second bullet: The rule became a note. Added the words "to be." |
| Second note: Replaced "material safety data sheet" with "MSDS." |
| Third note now reads: |
Some alternative labeling systems do not
communicate target organ information, so employees
the employee will have to rely on training to
provide provided by the employer to obtain this
information."
| Fourth bullet now reads: | |
| "Make sure that labels or other forms of warning are
legible, in English, and prominently displayed on the
container, or readily available in the work area throughout
each work shift. |
| Fourth note now reads: |
Above is an example of a labeled container. You may use a laminated or coated label, affixed to the container with a wire, to avoid deterioration of labels due to a solvent, such as acetone.
Employers with non-English speaking employees may use other languages in the warning information in addition to the English language."
Fifth bullet now reads:
"Make sure if the hazardous chemical is regulated by
WISHA or OSHA in a substancespecific health standard
rule, you must make sure that the labels or other forms
of warnings used are used in according accordance to
those rules with the requirements of that standard. For
Examples include: Asbestos, WAC 296-62-07721(6)
Formaldehyde, WAC 296-62-07540 (13)(c)."
WAC 296-800-17030 Inform and train your employees about hazardous chemicals in your workplace.
| First bullet: Change the word "standard" to "rule." Add the word "MSDSs." |
| Fifth bullet: Delete the words "of Labor and Industries." |
| Note now reads: |
| "Interactive computer-based training or training videos
can be used |
|
| Allow trainees to ask questions of a qualified trainer. | |
| Provide trainees of sufficient hands-on experience. | |
| Incorporate relevant site-specific information. |
| Second note: Replaced the words "Material Safety Data Sheets" with "MSDSs." |
| First bullet now reads: |
(2) Maintain material safety data sheets (MSDS) received with incoming shipments of hazardous chemicals and make them available to laboratory employees when they are in their workareas.
(3) Provide laboratory employees with information and training as described in: "Inform and train your employees about hazardous chemicals in your workplace," WAC 296-800-17030, except for the part about the location and availability of the written chemical hazard communication program."
WAC 296-800-17040 Follow these rules for handling chemicals in factory-sealed containers.
| First paragraph now reads: |
You must:
(1) Make sure that labels on incoming containers of hazardous chemicals are in place and readable.
(2) Keep or obtain material safety data sheets.
| Keep any MSDS that are received with incoming shipments of the sealed containers of hazardous chemicals. |
| If a factory-sealed container of hazardous chemicals
comes without a MSDS, obtain |
(4) Provide employees with information and training in WAC 296-800-17030.* Inform and train your employees about
hazardous chemicals in your workplace, to protect them
in case of a hazardous chemical spill or leak from a
factory-sealed container. Exemption: You do not have
to cover the location and availability of the written
chemical hazard communication program."
WAC 296-800-17045 Translate certain chemical hazard communication documents upon request.
| First bullet: Replace the word "MSDS" with "material safety data sheet." Replace the word "standard" with "rule." |
| First bullet now reads: |
| "Upon receipt of an employer's written request for a
|
| In the description of any consumer product or hazardous substance: Delete the words "as those terms are." |
| In the description of any hazardous waste: Delete the words "as such term is." Replace the word "standard" with "rule." |
| In the description of any hazardous substance: Delete the words "as such term is." |
| In the description of wood or wood products: Replace the word "standard" with "rule." |
| In the description of articles: |
- Replaced the word "mean" with "meaning."
- Added the word "and."
| In the description of food and alcoholic beverages: Delete the parenthesis. |
| In the description of any drug: Delete the words "as that term is." Replace the word "e.g." with "for example." |
| In the description of any pesticide: Delete the words "as such term is." |
| In the description of any chemical substance or mixture: Delete the words "as such terms are." |
| In the description of any food, food additive, color additive, drug, cosmetic, or medical/veterinarian device or product: Replace the word "e.g." with "for example" and delete the words "as such terms." |
| In the description of any distilled spirits: Delete the words "as such terms are." |
| In the description of any consumer product or hazardous substance: Delete the words "as those terms are." Replace the word "standard" with "rule." |
| Summary page: Add a note that reads: |
| Access to records, WAC 296-62-052, requires the preservation and access to other exposure records including records such as workplace monitoring data and biological monitoring results in medical records. If you keep these other types of employee exposure records or employee medical records you must comply with these additional requirements. | |
| This rule applies to every employer who maintains, makes, contracts for, of has access to MSDSs for chemicals used in their workplace. | |
| The specific identity of a toxic substance may be withheld from a disclosable record if it is a verifiable trade secret. For trade secret requirements, see WAC 296-62-053." |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| The title now reads: |
| The rule now reads: |
| "Keep material safety data sheets (MSDSs) and analysis
using MSDSs for at least thirty years, |
|
| - Some record of the identity (chemical name, if known) of a substance or agent. | |
| - Where the substance or agent was used. | |
| - When the substance or agent was used. |
| Preserve MSDSs in any form, as long as the information is not altered and is retrievable. |
WAC 296-800-18010 Inform current employees of exposure records.
| First bullet: Spell out material safety data sheets. Add the word "thereafter." | |
| After the note added the words "You must." | |
| Third bullet: Replace "assistant director for WISHA services" with "department." |
| First bullet now reads: |
| "Provide access, whenever requested by an employee (any
current, former, or transferred worker) or their
designated representative |
|
| - In a reasonable time, place, and manner. | |
| - Within fifteen working days. If the employer cannot
meet |
|
| Second bullet now reads: |
WAC 296-800-18020 Transfer records when ceasing to do business.
| First bullet now reads: |
| Second bullet now reads: |
-Notify affected current employees of their rights of access to records at least 3 months prior to the cessation of the employer of the business and
-Transfer the records to the department, if required by a specific WISHA safety and health rule."
Do the following if:
There is no successor to receive and preserve the employee exposure records:
Notify affected current employees of their rights of access to records at least three months prior to the cessation of the employer's business and
Transfer the records to the director of the department of labor and industries, if so required by a specific industrial safety and health standard.
WAC 296-800-19005 Provide a safety bulletin board in your workplace.
| First bullet now reads: |
| "Install and maintain a safety bulletin board in every fixed workplace (establishment) that has eight or more employees. Make sure the safety bulletin board is large enough to post information such as the following: |
- Safety newsletters
- Safety posters
- Accident statistics
- Other safety educational material."
WAC 296-800-20005 Post and keep a WISHA poster in your workplace.
| First bullet now reads: |
| "Post it where |
| First bullet now reads: |
| Provide and maintain adequate lighting for all work
activities in your workplace. |
|
| Lighting Table | ||
| Activity | Minimum acceptable average lighting level in an area: | Any one single measurement used to determine the average lighting level. *cannot be less than: |
| (Foot-candles) | (Foot-candles) | |
| Indoor task | 10 | 5 |
| Outdoor task | 5 | 2.5 |
| Nontask activities for both indoor and outdoor |
3 | 1.5 |
| * | Lighting levels must be measured at thirty inches above the floor/working surface or at the task. |
| Have adequate light for employees to see nearby objects that might be potential hazards or to see to operate emergency controls or other equipment, if general lighting is not available. |
| Note: | -Lighting levels can be measured with a light meter. |
| -Conversion information: 1 foot-candle .=1 lumen incident per square foot .=10.76 lux." |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). | |
| Summary page: Add a note that reads: |
WAC 296-800-22005 Keep your workplace clean.
| Added the word "orderly." |
| Title now reads: "Sweep and clean your workplace |
|
| First bullet now reads: |
| Second bullet now reads: |
WAC 296-800-22015 Keep your workplace free of obstacles that
would interfere with cleaning.
| Title now reads: "Keep your workplace free of obstacles
that |
|
| Incorporated second bullet into first bullet that now reads: |
| "Keep your workplace clear of obstructions such as
nails, splinters, |
|
| Get rid of unnecessary holes and openings. |
| Added a note that reads: |
| "By handling dead or live pests including waste products, attached parasites and other contaminated materials, your employees may be exposed to certain health risks. These risks include, but are not limited to: Hanta virus, rabies, lyme disease and psittacosis. Contact your local L&I office (see resources section of this book) or the public health department for more information about health risks and proper pest handling and disposal techniques. | |
| "Workplace" includes storage areas." |
| The language in this section is moved from WAC 296-800-27010 and reads: |
You must:
| Make sure floors are kept free of debris. This includes: | |
| - | Buildings |
| - | Platforms |
| - | Walkways and driveways |
| - | Storage yards |
| - | Docks |
| Use a nonslip coating on all polished floors." |
| First bullet now reads: |
- Maintain drainage away from the workarea workplace; and
Provide false floors, platforms, or other dry places where
employees can stand, where practical or provide appropriate
waterproof footgear." where practical or appropriate for
your workplace.
WAC 296-800-22035 Store things safely.
| Third bullet: Add the words "or more." |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| This section now reads: |
- Drinking
- Washing themselves
- Personal service rooms
- Cooking
- Washing premises where food is prepared or processed of
food preparation or processing premises
- Washing food, eating utensils, or clothing
(2) Containers and dispensers.
| Make sure your movable, or portable, drinking water dispensers are: |
- Kept in sanitary condition
- Equipped with a tap
| Prohibit the |
Definition: Potable water: Water that you can safely drink that meets specific safety standard prescribed by the United State Environmental Protection Agencies National Interim Primary Drinking Water Regulations, published in 40 C.F.R. Part 141, and 40 C.F.R. 147.2400."
WAC 296-800-23010 Clearly mark the water outlets that are not fit for drinking (nonpotable).
| First bullet: Numbered (1). | |
| Second bullet now reads: |
| Note: Added the word "Cleaning." |
| Title now reads: |
| Added a bullet that reads: "You must: Make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems." |
| First bullet: Numbered (1). | |
| Third bullet: Numbered (2). | |
| Fourth bullet: Numbered (3). |
| First and second bullet: Replaced the word "bathroom" with "washing facilities." | |
| Third bullet now reads: |
WAC 296-800-23030 Keep containers used for garbage or waste in a sanitary condition.
| This section now reads: |
&lhlsqbul; Be able to thoroughly clean your waste container.
&lhlsqbul; Have a solid, tight fitting cover on your waste container, unless it can be maintained in a sanitary condition without a cover.
Do the following to maintain your waste containers:
-Do not allow garbage to leak out of the containers
-Be able to thoroughly clean the containers
-Make sure containers have tight fitting covers (unless you can keep them sanitary without)."
Note: If you can demonstrate that you keep your waste
container(s) clean, they do not have to meet these
the requirements."
WAC 296-800-23035 Remove garbage and waste in a way that does not create a health hazard.
| First bullet: Removed two commas. |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). |
| Title now reads: |
| This section now reads: |
You must:
| Prohibit smoking in your office work environment or |
- The minimum criteria for employee smoking rooms is as
follows:
-Identify smoking rooms clearly with signs.
-Make sure the designated smoking rooms are not in common areas, such as:
-Places where nonsmoking employees are required to work or visit
-Restrooms
-Washrooms
-Hallways
-Stairways
-Cafeterias/lunchrooms
-Meeting rooms
| Make sure that no employee is required to enter a designated smoking room while someone is smoking there. | |
| Conduct cleaning and maintenance work in designated smoking rooms when smokers are not present. | |
| You must: Ventilate designated smoking rooms at a
rate of at least 60 |
|
| Maintain |
|
| Operate a separate mechanical exhaust system in
designated smoking rooms, |
|
| Prohibit use of the designated smoking room |
WAC 296-800-24010 Control tobacco smoke that comes in from the outside.
| Title now reads: |
WAC 296-800-250 Stairs and stair railings.
| Note: Add a note that reads: |
| Exemptions now reads: |
| "Stairs used exclusively for fire exit purposes | |
| Construction operations (See WAC 296-24-76503 for the specifications for safe design and construction of fixed general industrial stairs) | |
| Private buildings or residences | |
| Articulated stairs (for example, stairs used at a marina) | |
| Nonindustrial and "Monumental" are excluded as they are not "industrial" stairs; however, when public and private building steps are located at loading or receiving docks, in maintenance areas, etc., or are used exclusively by employees, the requirements of this rule must apply." |
| Second bullet: Moved some of this language and added it to the note that reads: |
| Definition section: Definition of a riser now reads: |
WAC 296-800-25010 Provide stairs that minimize hazards.
| First bullet: Numbered (1). | |
| Second bullet: Numbered (2). | |
| Third bullet now reads: |
The platform must be at least 20 inches wide when the door swings open.
"(3) Provide a platform where doors or gates open directly on a stairway. The swing of the door must not reduce the effective width of the platform to less than 20 inches."
"Note: To see all of the standards rules for building fixed
stairs, refer to WAC 296-24-75011 and 296-24-765 of the
General safety and health standard."
WAC 296-800-25015 Provide handrails and stair railings.
| Exemption: Replace the word "requirement" with "rules." | |
| Definition: Definition of handrail now reads: |
| Note: Replace the word "standard" with "rule." |
| First bullet now reads: |
(1) Guard stairway floor openings, temporary floor opening and floor holes.
| Use a hinged cover and a removable railing where
traffic across an infrequently used stairway floor
opening prevents the installation of a fixed railing.
|
|
| Protect temporary floor openings |
|
| Guard floor holes. | |
| Protect exposed floor holes into which a person can accidentally walk must be protected by either: |
| A railing with a toeboard on all open sides or | |
| A floor hole cover of standard strength and construction that can be hinged in place. When a floor hole cover is not in place, the hole must be protected by a removable railing or constantly attended by someone. |
| Provide covers for floor openings |
WAC 296-800-26010 Protect open-sided floors and platforms.
| Deleted definition of "open-sided floor." |
| First three bullets now read: |
| Guard open-sided floors and platforms 4 feet or more above adjacent floor or ground level by a railing. The entrance to a ramp, stairway, or fixed ladder does not need a railing. | |
| Guard open-sided floors, walkways and platforms above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units, and other similar hazards, regardless of height with a railing and toeboard. |
| Note: | |
| Where the guarding |
|
| You can find the minimum requirements for
standard railings of various types of
construction in WAC 296-24 |
(2) Make sure tools and loose materials are not left on overhead platforms and scaffolds."
WAC 296-800-270 Workplace structural integrity.
| Clarified language for consistency within the rule (matched titles of rules with the summary page). | |
| Note: Add a note that reads: |
WAC 296-800-27005 Do not overload floors or roofs.
| Added the word "Do" to the title of this section. | |
| Replaced the words "Not load" with "Prohibit overloading." |
| Second bullet now reads: |
| " | Make sure floors are of substantial construction and
kept in good repair |
- Platforms
- Walks and driveways
- Storage yards
- Docks
| Third bullet: Delete this bullet. |
| Fourth bullet: Add language from WAC 296-800-27015. |
- If you notice bowing, cracking, or other indications of excessive strain on a structure, you must take action to make sure it is safe.
- Note: This rule applies to all buildings or those that have had complete or major changes or repairs built after 5/7/74."
WAC 296-800-27015 Make sure that structures provide a safety
factor of 4. This section is deleted and incorporated into WAC 296-800-27010.
WAC 296-800-2701520 Make sure floors can support equipment that
moves or has motion Post approved load limits (weight limits) for
floors.
| Added the word "fixed." | |
| Change WAC number from WAC 296-800-27020 to 296-800-27015. |
| Change WAC number from WAC 296-800-27025 to 296-800-27020 |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). | |
| Note: Add a note that reads: |
WAC 296-800-28010 Make sure all electrical equipment is used for its approved or listed purpose.
| Definition of electrical outlets now reads: |
WAC 296-800-28020 Make sure electrical equipment that is not marked is not used.
| The title now reads: |
You must:
| Make sure |
|
or
- Trademark.
or
- The organization responsible for the product.
and
- Voltage, current and wattage or other ratings as necessary."
WAC 296-800-28025 Maintain electrical fittings, boxes, cabinets, and outlets in good condition.
| First through fifth bullet: Numbered (1) and titled "Do the following to covers and openings." | |
| Sixth bullet: Numbered (2) and replace the word "that" with "which." | |
| Added "ft." to table and titled the table "Work clearance table." |
| Note: Added the words "a type of." | |
| First bullet: Numbered (1) and titled "Perform visual inspections." Replaced the words "Visually inspect" with "on." | |
| Second bullet: This is now an exemption that reads: |
| Second through tenth bullet: Numbered (2) and titled "Make sure flexible cords and cables are used as described." | |
| Second bullet reads: | |
| "And remove from service any defective or damaged cord until repaired and tested." | |
| Note: Added a note that now reads: | |
| "Note: Extension cords (flexible cord sets) may be used on a temporary basis if you follow the rules described in the temporary use section WAC 296-800-28030(3)." | |
| Fourth bullet: Moved this bullet to the second bullet. | |
| " |
|
| Sixth bullet: Moved this bullet to the eighth bullet. | |
| " |
|
| Eighth bullet now reads: | |
| "Make sure insulation on flexible cords, extension cords and cables is intact." | |
| Tenth bullet: Added this bullet and it now reads: | |
| "Prohibit your employees from using wet hands to plug or un-plug equipment or extension cords if the equipment is energized." | |
| Eleventh and twelfth bullets: Numbered (3), titled "Provide the following for temporary use," and rearranged. |
| Title now reads: |
"guard electrical equipment to prevent your employees from electrical hazards."
| Second bullet: Numbered (1) and incorporated this bullet into the second sub-bullet under the first bullet that reads: |
| Third bullet: Numbered (3) that reads: |
| Fifth bullet: Numbered (2). |
| The title now reads: |
"Make sure electrical equipment is effectively grounded."
| Note: Note now reads: |
WAC 296-800-28045 Make sure electrical equipment has overcurrent protection.
| Seventh bullet: Deleted the words "that to." |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). | |
| Exemption: Added the words "other special ladders" to the list. | |
| Note: Add a note that reads: |
WAC 296-800-29005 Inspect your portable metal ladders periodically.
| First and second bullet now reads: |
| "Immediately inspect a |
|
| - | Tips over. |
| - | Is exposed to oil or grease. |
| - | Is exposed to excessive as in the case of fire. |
| - | Is subjected to certain acids or alkali solutions. |
All the rungs to side rail connections.
The hardware connections.
Rivets for shear damage.
| If it tips over, look at: | |
| - | The rails for dents, bends or dented rungs. |
| - | All the rungs to side rail connections. |
| - | The hardware connections. |
| - | Rivets for shear damage." |
| Fourth bullet now reads: |
| Note: Second bullet in the note was moved to the summary page of this rule. |
| First bullet now reads: |
Make sure a non self supporting portable ladder is set at a
safe angle at 75 1/2 degrees, for maximum balance and
strength.
| Second bullet: Numbered (2). | |
| Third bullet: Numbered (3). | |
| Fourth bullet: Numbered (4). | |
| Fifth bullet: Numbered (5). | |
| Sixth bullet now reads: |
WAC 296-800-29025 Make sure your portable wooden ladders are kept in good condition.
| First bullet: Added a sub-bullet that reads: |
| Third bullet: Deleted this bullet. |
| Fourth bullet: Deleted this bullet. |
WAC 296-800-29030 Use your portable wooden ladders safely and for their intended purpose.
| This section now reads: |
| Use single ladders less than or equal to 30 feet long. | |
| Use 2-section extension ladders less than or equal to 60 feet long. |
| Shorter sections can not be spliced to make longer sections. | |
| Ladders can be made by fastening cleats across a single rail. |
| Make sure ladders are not used as guys, braces, or skids. | |
| Putting ladders on boxes, barrels or other unstable to make the ladder taller is not allowed. | |
| Make sure ladders are not used in a horizontal position. |
(5) Make sure that where the top of the ladder rests is reasonably rigid and strong enough to support the load.
(6) Place the bottom of a portable wooden ladder so it will not slip, or the bottom must be tied or held in position.
(7) Not place a portable wooden ladder in front of doors that open towards the ladder, UNLESS you:
| Block the door open, or | |
| Lock the door, or | |
| Guard the door to keep it from opening into the ladder |
| Length of section of extension ladders (feet) | Minimum overlap allowed (feet) | |
| Less than 36 | 3 | |
| 37-48 | 4 | |
| 49-60 | 5 | |
(10) Not place ladders in elevator shafts and hoistways, except where used by workers assigned to that type of work.
| Employees must be protected from falling objects, when assigned to work on ladders in elevator shafts and hoistways |
| Do not allow more than 2 persons on one section of planking at a time. |
(13) Keep shoes free and clean of greasy and slippery substances when climbing.
(14) Have both hands free to hold on to the ladder when climbing."
| " |
|
| Not use two-section extension ladders more than sixty feet long. | |
| Not: | |
| Splice shorter sections together to make longer sections. | |
| Use ladders as guys, braces or skids. | |
| Place ladders on boxes, barrels or other unstable bases to make the ladder taller. | |
| Use ladders in a horizontal position. | |
| Make ladders by fastening cleats across a single rail. |
WAC 296-800-29035 When climbing portable wooden ladders safely.
| This section was deleted and incorporated into 296-800-29030. |
| Keep shoes free and clean of greasy and slippery substances. | |
| Have both hands free to hold on to the ladder. | |
| Moved this section to WAC 296-800-29035. | |
| First bullet: Numbered (1) | |
| Second bullet: Numbered (2) | |
| Third bullet: Numbered (3) | |
| Incorporated bullets four through twelve into WAC 296-800-29030. |
| Place the bottom of a portable wooden ladder so it will not slip, or the bottom must be tied or held in position. | |
| Not place a portable wooden ladder in front of doors that open towards the ladder, UNLESS: | |
| - | You block the door open or |
| - | You lock the door or |
| - | You guard the door to keep it from opening into the ladder |
| Make sure 2-section extension ladders overlap as follows: |
| Make sure ladders with metal reinforced rails are used with the reinforcement on the under side to avoid hazards such as tripping and electrocution. | |
| Not place ladders in elevator shafts and hoistways, except where used by workers assigned to that type of work. | |
| - | Employees must be protected from falling objects, when assigned to work on ladders in elevator shafts and hoistways |
| Not support more than 1 section of plank per ladder rung. | |
| - | Do not allow more than 2 persons on 1 section of planking at a time. |
| Brace the ladder to reduce the spring caused by weight on the ladder. | |
| Have a center rail and sides that are plainly marked as "up" and "down" if you use 1 broad ladder. | |
| Not perform work requiring eye protection, respirators, and/or pressure equipment if over 30 feet above the ground." |
| The title of this section reads: |
| Moved this section to WAC 296-800-29040. |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). | |
| Note: Deleted proposed language in note and replace with: |
"The following WISHA rule applies to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees. Your local fire marshall also enforces fire codes which address fire safety that are more comprehensive and may go beyond WISHA rules.
Note: The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book."
| Modified exemption that reads: |
| You are exempt from the requirements of portable fire extinguishers if you have the following: | |
| You have: | |
| - A written fire safety policy that requires the immediate and total evacuation of employees from the workplace when there is a fire alarm signal, | |
| AND | |
| - An emergency action plan and a fire prevention plan which meet the requirements of WAC 296-24-567 | |
| AND | |
| - Portable fire extinguishers in your workplace that are not accessible for employee use | |
| If another WISHA rule requires portable fire extinguishers, then you must comply with these requirements. |
WAC 296-800-30005 Provide portable fire extinguishers in your workplace.
| First bullet: Numbered (1). | |
| Second bullet: Numbered (2) | |
| Third bullet: Incorporated into numbered (1) and reads: |
| "Make sure that your portable fire extinguisher does not use extinguishing agents such as carbon tetrachloride or chlorobromomethane extinguishing agents. In addition, soda-acid foam, loaded stream, anti-freeze and water extinguishers of the inverting type shall not be recharged or placed into service." | |
| " |
| Modified exemption that reads: |
| This does not apply to the portable fire extinguishers provided for employees to use outside of workplace buildings or structures. | |
| You are exempt from the distribution requirements of this rule if you have an emergency action plan (that meets requirements of WAC 296-24-567): | |
| - Which designates certain employees to be the only employees authorized to use the available portable fire extinguishers; and | |
| - Requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm | |
| First bullet: Added the words "you must." | |
| Table: Added a title to the table, it reads: "Fire Extinguisher Distance Table." | |
| Table: Added a note that reads: "You may choose to use a smaller fire extinguisher in lieu of that required for the 50 foot distance. If you do choose to have the smaller fire extinguisher the travel distance must not be greater than 30 feet. See UFC Standard 10 Chapter 3 for the basic minimum extinguisher rating allowed." |
| Added a bullet that reads: |
WAC 296-800-30020 Inspect and test all portable fire extinguishers.
| Deleted second subbullet that reads: |
| First bullet-second subbullet: Changed to an exemption that reads: |
"Stored pressure extinguishers do not require an internal
examination."
| Added an exemption that reads: |
| Fourth bullet - second subbullet: Added a title to the table that reads: "the Hydrostatic Test Table." |
| Sixth bullet: Replace the word "requirements" with "rules regarding" and replace the word "director" with "department." | |
| Last bullet became an exemption that read: |
| Titled the table "Hydrostatic Test Table." | |
| Added a note after the hydrostatic test table that reads: |
WAC 296-800-30025 Train your employees to use portable fire extinguishers.
| This section now reads: |
| Train your employees where you have provided portable fire extinguisher for their use in: | |
| - The hazards involved with incipient stage fire fighting (the early stage of a fire when it can be extinguished by a portable fire extinguisher) | |
| - The general principles of fire extinguisher use | |
| Provide the training when they are first hired and then annually. |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). | |
| Added a note that reads: |
| Deleted note: |
WAC 296-800-31005 Provide an adequate number of exit routes.
| First bullet: Added parenthesis. |
| Third bullet: Incorporated this language from WAC 296-800-31015 into this section that reads: |
| " | Make sure an exit route is at least 6 feet 8 inches high at all points. |
| - | Make sure objects that stick out into the exit route, such as fans hanging from the ceiling or cabinets on walls, do not reduce the minimum height and width of the exit route. |
| Make sure exit routes are at least 28 inches wide at all points between any handrails. | |
| - | If necessary, routes must be wider than 28 inches to accommodate the expected occupant load." |
| Third bullet: Added the words "through a fire wall." | |
| Sixth bullet was incorporated into WAC 296-800-31010: |
| " |
|
| Make sure exit routes are at least 28 inches wide at all points between any handrails. | |
| Sixth bullet: Incorporated from WAC 296-800-31025 that reads: |
WAC 296-800-31025 Provide unobstructed access to exit routes.
| First bullet: Numbered (1). | |
| Second bullet: Numbered (2). | |
| Third bullet was incorporated into WAC 296-800-31015 that read: |
WAC 296-800-31040 Provide outdoor exit routes that meet requirements.
| First bullet: Deleted the words "to these requirements." |
| Third bullet: Deleted the words "Exit routes must." |
| Fourth bullet: Added the words "and clearly indicated the direction of travel." | |
| Fifth bullet: Replace language with: |
"Make sure decorations, furnishings, or equipment do not
obscure or cover up the exit sign."
WAC 296-800-31067 Provide doors, in freezer or refrigerated rooms that open from the inside.
| Title: Added the word "the" to the title. It reads: |
WAC 296-800-31070 Install and maintain an appropriate employee alarm system.
| Title: Replaced the word "operable" with "appropriate." It reads: |
| Third bullet - Sixth dash: Replaced the word "alerting" with "Able to alert." | |
| Third bullet - Tenth dash: This now reads, |
| Third bullet - Eleventh dash: Deleted the word "Have." | |
| Third bullet - Twelfth dash: Replaced "Use" with "Using." | |
| Third bullet - Thirteenth dash: Replaced "Have" with "Supplied with." | |
| Third bullet - Fourteenth dash: Deleted the word "Are." | |
| Third bullet - Fifteenth dash: Replace the word "Have" with "supplied with a." |
| Clarified language for consistency within the rule (matched titles of rules with the summary page). | |
| Note now reads: |
WAC 296-800-32005 Report the death, or probable death of any
employee, or in-patient hospitalization of 2 or more employees
within 8 hours.
| This section was proposed as WAC 296-800-32010. | |
| Deleted "Report the death or probable death of any employee, or the in-patient hospitalization of 2 or more employees with 8 hours." | |
| First bullet: Add the words "at 1-800-4BE SAFE (24 hours)." Replace the words "you can make a report to" with "contact." Deleted "(24 hours)." | |
| First bullet - Third dash: Replaced the words "sent to the" with "admitted to the." |
| This section was proposed as WAC 296-800-32005. |
| Title now reads: |
| First bullet now reads: |
| First bullet - Fifth dash reads: |
| This section now has the requirements from WAC 296-800-32025. |
| This section was incorporated into WAC 296-800-32020. This section now has the title and requirements from WAC 296-800-32030. |
| This section was moved to WAC 296-800-32025. This WAC number is deleted. |
| Grammatical errors corrected. |
| WAC 296-800-350 through 296-800-35084 were reorganized and reads as follows: |
This section describes actions WISHA takes during or after inspections, and your related obligation and rights. You must follow posting requirements and notify your employees of the information listed in these rules, as indicated.
You must:
WISHA INSPECTIONS AND CITATIONS
Types of workplace inspections
Scheduling inspections
Inspection techniques
Response to complaints submitted by employees
or their representatives
Citations mailed after an inspection
Employees (or their representatives) can request a citation and notice
Posting a citation and notice and employee complaint information
CIVIL PENALTIES FOR VIOLATING WISHA REQUIREMENTS
Reasons to assess civil penalties
Minimum penalties
HOW CIVIL PENALTIES ARE CALCULATED
Base penalty calculations - severity and probability
Severity rate determination
Probability rate determination
Determining the gravity of a violation
Base penalty adjustments
Types of base penalty adjustments
Maximum base penalty amount
Reasons for increasing civil penalty amounts
CERTIFY THAT VIOLATIONS HAVE BEEN ABATED
Employers must certify that violations have been abated
For willful, repeated, or serious violations, submit additional documentation
Submitting correction action plans
Submit progress reports to the department, when required
WISHA determines the date by which abatement documents must be submitted
Inform affected employees and their representatives of abatement actions you have taken
Tag cited moveable equipment to warn employees of a hazard
REQUESTING MORE TIME TO COMPLY
You can request more time to comply
WISHA's response to your request for more time
Post the department's response
A hearing can be requested about the department's response
Post the department's hearing notice
Hearing procedures
Post the hearing decision
REQUESTING AN APPEAL OF WISHA CITATIONS AND CORRECTIVE NOTICES
Employers and employees can request an appeal of a citation and notice
Await the department's response to your appeal request
Department actions when reassuming jurisdiction over an appeal
Appealing a corrective notice
Notify employees
| WISHA conducts the following types of inspections: |
| - Programmed inspections of hazardous workplaces. WISHA identifies hazardous workplaces using objective criteria and inspection-scheduling systems that may look at any of the following factors: |
| Type of industry | |
| Available data of injuries and illnesses where an inspection might eliminate the hazards causing them | |
| Employer's industrial insurance experience | |
| Number, type, and toxicity of contaminants in the workplace | |
| Degree of exposure to hazards | |
| Number of employees exposed | |
| Other factors, such as history of employee complaints | |
| WISHA periodically reviews the scheduling systems and may adjust the factors used and/or the weight given to each factor |
| - Routine programmed inspections in the following high hazard industries: |
| Agriculture | |
| Asbestos renovation and demolition | |
| Construction | |
| Electrical utilities and communications | |
| Logging | |
| Maritime |
| - Unprogrammed inspections of workplaces that may be in violation of WISHA safety or health rules or chapter 49.17 RCW, the Washington Industrial Safety and Health Act. Unprogrammed inspections may result because of: |
| Complaints from employees, former employees, or employee representatives who believe they have been exposed to a hazard because of a violation | |
| Referrals from anyone who reasonably believes that workers under WISHA jurisdiction are being or have been exposed to a hazard because of a violation |
| - Workplace deaths and serious injuries or illnesses investigations to determine if they were caused by a violation of safety and health rules or chapter 49.17 RCW, the Washington Industrial Safety and Health Act. WISHA may also initiate comprehensive inspections based on such investigations | |
| - Imminent danger of serious injury or death inspections when there is a reason to believe that employees may be in imminent danger of serious injury or death | |
| - Follow-up inspections at later dates to verify that you have corrected any hazards identified in a citation |
| WISHA distributes staff performing inspections as efficiently as possible to ensure maximum protection for workers. |
| During an inspection, WISHA staff may: |
- Conduct tests
- Ask employees to wear sampling devices
- Conduct interviews
- Privately question, on or off the worksite, any:
| Employer | |
| Employer representative | |
| Owner | |
| Operator | |
| Employee | |
| Employee representative |
WAC 296-800-35008 Response to complaints submitted by employees or their representatives.
| When an employee or their representative has filed a complaint, WISHA will: |
- Give a copy of the citation and notice to the employee (or their representative) who submitted the complaint, or explain to them why an inspection was not conducted
- Review any department decision refusing to inspect or cite violations alleged in a complaint, if requested in writing
- Notify the person in writing of the review results. If the person requesting the review is not satisfied with the results, they may request a second review by the department
WAC 296-800-35010 Citations mailed after an inspection.
| After an inspection or an investigation, WISHA will mail a citation to you within 6 months following the inspection or investigation | |
| The citation will include |
- The amount and type of assessed penalties
- The length of time given to correct the violations
| If no violations are found, WISHA will normally send you a citation and notice indicating that no violations were found |
| Copies of WISHA Safety and Health Inspection Reports can be requested. The request should be mailed to: |
PUBLIC DISCLOSURE UNIT
BOX 44632
OLYMPIA WA 98504-4632
| You can also contact your local Labor and Industries field office for information on requesting copies of inspection reports (see the resources section of this book). |
| Employees or their representatives may request copies of citation and notices issued to the employer |
DEPARTMENT OF LABOR AND INDUSTRIES
STANDARDS AND INFORMATION
BOX 44638
OLYMPIA WA 98504-4638
Note:
To obtain a copy of the Request for copy of Citation and Notice form, call 360-902-5534, or contact your local Labor and Industries office (see the Resources section for a complete list of the offices).
| If you submit this form, you will receive all citation and notices issued to that employer for the next 12 months. |
- You can waive the one-year period when you make your initial request.
- If more than one employee representative requests a copy of the same citation and notice, the department may decide which person will receive the copy of the citation and notice.
Note: The department can deny requests for copies of citation and notices if the person filing the request is not an employee representative.
WAC 296-800-35016 Posting a citation and notice & employee complaint information.
You must:
| Immediately notify your employees of a citation and notice by posting them and/or any correspondence related to an employee complaint on the safety bulletin board for 3 working days, or until all violations have been corrected, whichever is longer. | |
| Use any other appropriate means to notify employees who cannot receive notices posed on the safety bulletin board; for example, a copy to authorized employee representatives or the safety committee, or copies sent electronically. |
| WISHA may assess civil penalties when a citation and notice is issued for any violation of health and safety rules, or statutes found during an inspection. | |
| WISHA will assess civil penalties: |
- Under other circumstances specified by statute (such as RCW 49.17.180, 49.26.016, 49.17.177, 49.70.190).
| Civil penalties promote compliance, encouraging employers to correct violations before an inspection takes place and avoiding the risk of receiving a penalty assessment. Civil penalties help promote a level playing field for employers complying with the rules by assessing penalties for those who do not comply. |
| The minimum penalty amounts assessed by WISHA are: |
- $5,000 per violation for all willful violations
| Except for specific penalty amounts that are dictated by statute, WISHA calculates the base civil penalty for a violation by evaluating: |
- The probability that an injury, illness, or disease could occur as a result of the alleged hazard
WAC 296-800-35024 Severity rate determination.
| Severity describes how serious an injury, illness, or disease might be because of a hazardous condition. Severity ratings are based on the most serious injury, illness, or disease that could be reasonably expected to occur because of a hazardous condition (see Table 1). | |
| Severity ratings are expressed in whole numbers and range from 1 (lowest) to 6 (highest). A violation with a severity rating of 4, 5, or 6 is considered to be a serious violation. |
| Table 1: Severity Ratings | |
| Severity | Most serious injury, illness, or disease likely to result in: |
| 6 | Death from injury, illness or disease; injuries involving permanent severe disability; chronic, irreversible illness. |
| 5 | Permanent disability of a limited or less severe nature, injuries or reversible illnesses resulting in hospitalization. |
| 4 | Injuries or temporary, reversible illnesses resulting in serious physical harm (but less than 5 or 6 above) and may require removal from exposure or supportive treatment without hospitalization for recovery. |
| 3 | Injuries or illness would probably not cause death or serious physical harm, but violations have at least major impact and an indirect relationship to serious injury, illness or disease. Violations could have direct and immediate relationship to safety and health of employees. No need for medical treatment beyond first aid. |
| 2 | Nonserious or general violations of minor impact, including violations that have an indirect relationship to nonserious injury, illness or disease. No injury, illness or disease without additional violations. |
| 1 | No injury, and not likely to result in injury in the presence of other violations. |
| Probability refers to the likelihood of an injury, illness or disease occurring, and is expressed in whole numbers ranging from 1 (lowest) to 6 (highest). Probability does not change severity. | |
| When determining probability, WISHA considers the number of employees affected and other factors, depending on the situation. Other factors may include |
- Instances (number of times the same violation occurs in the workplace)
- How close an employee is to the hazard
- Weather and other working conditions
- Employee skill level
- Employee awareness of the hazard
- The pace, speed, and nature of the task or work
- Use of personal protective equipment
- Amount of exposure (for health violations)
- Other mitigating or contributing circumstances
WAC 296-800-35028 Determining the gravity of a violation.
| WISHA calculates most base penalties by assigning a weight to a violation. This weight is called "gravity." Gravity is calculated by multiplying a violation's severity by its probability. Expressed as a formula, gravity is: |
| Unless a particular rule establishes penalty amounts for specific violations, WISHA uses Table 2 to determine the dollar amount for each base penalty |
| Table 2: Penalty Amount Using Gravity | ||
| Gravity | Base Penalty | |
| 1 2 |
$100 $200 |
|
| 3 4 |
$300 $400 |
|
| 5 6 |
$500 $1000 |
|
| 8 9 |
$1500 $2000 |
|
| 10 12 |
$2500 $3000 |
|
| 15 16 |
$3500 $4000 |
|
| 18 20 |
$4500 $5000 |
|
| 24 25 |
$5500 $6000 |
|
| 30 36 |
$6500 $7000 |
|
| WISHA may adjust an employee's base penalty amount because of the employer's good faith effort, size, and compliance history. No adjustments are made to penalty amounts specified by statute |
Employer's Good Faith
| An employer's good faith effort (or lack of) may justify increasing or decreasing a base penalty. No single factor determines good faith. Good faith is a reflection of an employer's: |
- Effort to comply with a standard they have violated
- Cooperation during an inspection that is measured by a desire to comply with the cited standard and immediately correct identified hazards
| WISHA uses Table 3 to adjust base penalty amounts because of good faith effort |
| Table 3: Good Faith Adjustments | |
| Good Faith Rating | Adjustment to Base Penalty |
| Excellent Good |
35% reduction 20% reduction |
| Average Poor |
No adjustment 20% increase |
| WISHA may adjust base penalties due to the size of an employer's work force in the state of Washington by using Table 4: |
| Table 4: Size Adjustments | |
| Number of Employees | Adjustment to Base Penalty |
| 1-25 26-100 |
60% reduction 40% reduction |
| 101-250 More than 250 |
20% reduction No adjustment |
| WISHA may adjust a base penalty based on an employer's history of safety and health violations in the state of Washington, using previous citations as well as injury and illness rates (see Table 5). |
| Table 5: History Adjustments | |
| History Rating | Adjustment to Base Penalty |
| Good Average |
10% reduction No adjustment |
| Poor | 10% increase |
| The maximum penalty for a violation other than repeat, willful, egregious or failure-to-abate is $7,000. |
| WISHA may increase civil penalties by applying a multiplier to an adjusted base penalty. Multipliers may be applied for the following reasons: |
A repeat violation occurs when WISHA cites an employer more than once in the last 3 years for a substantially similar hazard.
- The 3-year period is measured from the date of the final order for each previous citation
- The adjusted base penalty will be multiplied by the total number of inspections with violations (including the current inspection with a violation) involving similar hazards
- The maximum penalty cannot exceed $70,000 for each violation
Willful violations:
A willful violation is a voluntary action done either with an intentional disregard of, or plain indifference to, the requirements of the applicable WISHA rule(s):
- For all willful violations, the adjusted base penalty will be multiplied by 10
- All willful violations will receive at least the statutory minimum penalty of $5,000
- The maximum penalty cannot exceed $70,000 for each violation
Egregious violations:
An egregious violation may be issued for exceptionally flagrant cases involving willful violations. In these cases, WISHA will issue a separate penalty for each instance of an employer failing to comply with a particular rule
Failure-to-abate violations:
A failure-to-abate violation occurs when an employer who has been cited for a WISHA violation, fails to correct the violation on time (certifying corrected violations is covered in WAC 296-800-35200 through 296-800-35270)
- The maximum penalty cannot exceed $7,000 for every day the violation is not corrected
- For a general violation with no initial penalty, the minimum failure-to-abate penalty is $1,000, with a possible adjustment for the employer's effort to comply
- For violations with an initial penalty, WISHA, based on the facts at the time of reinspection:
| Will multiply the adjusted base penalty by 5, but may possibly make adjustments for the employer's effort to comply | |
| May multiply the adjusted base penalty by the number of days past the correction date if the employer does not make an effort to comply |
You must:
| Certify within 10 calendar days following the correction date that you have abated each violation, unless the compliance officer indicates in your citation and notice that you have corrected the violations. Include the following: |
- The inspection number your written statement applies to
- The citation and item numbers your written statement applies to
- The date and method you used to abate each violation
- That you informed your affected employees and their representatives that each violation was corrected
- That the information you submitted is accurate
- Your signature or the signature of your authorized representative
WAC 296-800-35044 For willful, repeated, or serious violations, submit additional documentation.
You must:
| Submit additional documentation for each willful or repeated violation supporting that abatement is completed. This documentation may include, but is not limited to: |
- Photographic or video evidence of corrections
- Other written records
| Submit additional documentation for a serious violation, when required by the citation and notice. |
You must:
| Submit a correction action plan within 25 calendar days from the final order date if the citation and notice requires it. Your plan must: |
-List the steps you will take to correct the violation
-Include a schedule to complete the steps
-Describe how employees will be protected until the corrections are completed
Note:
| The department will notify you in writing if there is anything inadequate about your plan and will work out the problems. | |
| When determining if required documents are submitted on time, the department looks at the postmark date for documents sent by standard mail and the date received by other means, such as personal delivery or fax. |
You must:
| Submit progress reports on the abatement if the citation and notice requires it, and briefly state (a single sentence is normally adequate for each violation): |
- The date each action was taken
Note:
If progress reports are required, the citation and notice will include:
| The items for which periodic progress reports are required, | |
| The date when an initial progress report must be submitted (no sooner than 30 calendar days after you submit a correction plan), | |
| Whether additional progress reports are required, and | |
| The date(s) on which additional progress reports must be submitted. |
| When determining if required documents are submitted on time, the department looks at: |
- Date the department receives the documents, if transmitted by a means other than mail
WAC 296-800-35050 Inform affected employees and their representatives of abatement actions you have taken. You must:
| Post a copy of each abatement action document you submit to the department (or a summary) near the place where the violations occurred, if practical. | |
| Do the following if posting near the violation site is not practical, such as with a mobile work operation: |
- Take other steps to fully communicate abatement actions to affected employees and their representatives
| Make sure that: |
- All abatement documents remain posted for at least 3 working days after they are submitted to the department
- All posted abatement documents are not altered, defaced, or covered by other materials
| Inform employees and their representatives of their right to examine and copy all abatement documents you submit to the department. If they ask to examine or copy your documents within 3 working days of receiving notice that you submitted them to the department, you have 5 days to comply with their request after receiving it. |
You must:
| Tag cited moveable equipment to warn employees of a hazard if it has not been abated. |
For hand-held equipment, tag it immediately after you receive a citation
For other equipment, tag it before moving it within the worksite or between worksites
-The tag should properly warn employees about the nature of the violation and tells them where the citation is posted (see the helpful tools section for a sample tag that can be used to meet this requirement)
-Make sure that the tag or copy of the citation attached to movable equipment is not altered, defaced, or covered by other materials
| Make sure that the tag or copy of the citation attached to movable equipment remains attached until: |
-You have permanently removed the cited equipment from service
-You no longer have control over the cited equipment
-A final order sets aside the violation
Note:
Chapter 296-155 WAC, Safety standards for construction work and chapter 296-24 WAC, General safety and health standards have information on warning tags. You can use warning tags that meet the requirements in those rules instead of the warning tags required by this rule.
WAC 296-800-35056 You can request more time to comply.
| You can request more time to comply if you: |
- Have not completed your abatement because of factors beyond your control
| Requests for more time must: |
- The name of your business
- The address of the workplace(s)
- Identification of the citation and the abatement date(s) you want extended
- The new abatement date and length of abatement period you are seeking
- A description of the actions you have taken to comply with the abatement date(s) in the citation
- Identification of the factors beyond your control that are preventing you from complying with the abatement date(s)
- The means you will use to protect your employees during the time you are abating the violation.
- Be received before midnight of the date you are asking to be extended
| The department may accept late requests if they are: |
- Accompanied by your written statement explaining the exceptional circumstances that caused the delay.
Note:
The department does not accept late requests when compliance activity related to the abatement starts before the request is received.
| The department accepts requests by: |
Department of Labor and Industries
WISHA Appeals
P.O. Box 44604
Olympia, WA 98504-4604
- Personal delivery
- Fax: (360) 902-5581
WAC 296-800-35062 WISHA's response to your request for more time.
| Within 5 working days of receiving your request for more time to comply, the assistant director must make a decision to approve or deny it. Before making a decision, the assistant director may conduct an investigation. Once made, the decision remains in effect unless a hearing is requested. | |
| The assistant director must issue the following 3 notices (which can be combined into one): |
- A notice of your right to request a hearing on the decision and
- A notice announcing their decision.
| ♦ | These notices must: |
| &sqbul; | Be signed by the assistant director, |
| &sqbul; | Contain the date they were issued, and |
| &sqbul; | Include the address to which a hearing request may be sent. |
| Post notices with the citation for which you are requesting additional abatement time immediately upon receipt. The notices must remain posted until: |
- A hearing notice is posted.
WAC 296-800-35064 A hearing can be requested about the department's response.
| You, your affected employees or their authorized representative, may request a hearing if they disagree with the department's response to a request for more time to comply. | |
| All hearing requests must be sent or delivered to the assistant director and be received at the address identified in the notice of your right to request a hearing no later than 10 calendar days after the issue date of the notice. | |
| Upon receiving a hearing request, the assistant director will issue a notice of hearing to the requesting party and the employer at least 20 days before the hearing date. The hearing notice will: |
-set the time and date, including:
| ♦ | The time, place, and nature of the proceeding |
| ♦ | The legal authority and jurisdiction under which the hearing will be held |
| ♦ | A reference to the particular sections of the statute and rules involved |
| ♦ | A short and clear explanation why a hearing was requested. |
| The employer must post the department's hearing notice or a complete copy until the hearing is held. This includes the: |
- Department notices issued in response to the employer's request for more time.
WAC 296-800-35065 Post the department's hearing notice. You must:
| Post the department's hearing notice or a complete copy until the hearing is held. This includes the: |
- Department notices issued in response to the employer's request for more time
WAC 296-800-35066 Hearing procedures.
| The assistant director for WISHA services will appoint someone from the department to act as a hearings officer. | |
| The hearings officer must be present at, and conduct, the hearing. An assistant attorney general may be present to give legal advice to the hearings officer. | |
| If the hearings officer requests, the assistant attorney general may conduct the hearing. | |
| The hearings officer may discuss the material to be presented to determine how the hearing will proceed. | |
| The hearing must be conducted according to the Administrative Procedure Act recorded. Copies of hearing transcripts will be available to the parties, at cost, upon request. |
| After the hearing, the assistant director will issue an order: |
AND
- Complying with the provisions of the Administrative Procedure Act, chapter 34.05 RCW and the practice and procedure rules, chapter 296-08 WAC.
You must:
| Post a complete, unedited copy of this decision, along with the citation to which it applies, as soon as it is received. |
EMPLOYER REQUESTS
| Any employer cited for a violation of WISHA safety and health rules may appeal a citation or corrective notice. | |
| Your request must include: |
-Citation number.
-What you think is wrong with the citation or corrective notice and any related facts.
-What you think should be changed, and why.
EMPLOYEE REQUESTS
| Any employee or employee representative who could be affected by a citation or its correction may appeal the abatement date in the citation or corrective notice. | |
| Your request must include: |
- Citation number
- What you think is wrong with the abatement date
| All appeal requests must be in writing and submitted to the department within 15 working days after receiving the citation corrective notice. If you mail your request, the postmark is considered the submission date. | |
| All requests must be: |
Department of Labor and Industries
WISHA Appeals
P.O. Box 44604
Olympia, WA 98504-4606
or
- Faxed to: (360) 902-5581
or
- Brought to any department service location
WAC 296-800-35078 Await the department's response to your appeal request.
| When an appeal request is received, the department decides whether to reassume jurisdiction over the citation and notice being appealed or forward the appeal to the Board of Industrial Insurance Appeals. The department will notify the person who submitted the appeal when the department reassumes jurisdiction. |
| The department may reassume jurisdiction to: |
- Give an employer, affected employees and the department an opportunity to resolve appeals rapidly and without further contest, especially in routine compliance cases
- Educate employers about the citation and notice, the WISHA appeals process, and WISHA compliance
- Review citations, penalties, and correction dates for fairness and accuracy to ensure quality work by the department
| If the department does not reassume jurisdiction, it will send the appeal to the Board of Industrial Insurance Appeals. The board will send the person submitting the appeal a notice with the time and location of any board proceedings. |
| The department has 30 working days after receipt of the appeal to review it, gather more information and decide whether to make changes to the citation and notice. The 30 working days begin with the first working day after the appeal is received. For example, if an appeal is received on Friday, the 30 days will begin on the following Monday unless it is a state holiday. | |
| The department may extend the appeal review period up to an additional 15 working days if everyone involved agrees to the extension. | |
| During the review period, the department will hold an informal conference about the appeal. |
- Although informal, the conference is an official conference and the department may record all or part of it. The department will tell participants when the conference will be recorded.
| After the review period, the department will issue a corrective notice reflecting any changes made to the citation and notice. This notice will be sent to the employer and any employee representatives participating in the appeal process. |
| Anyone who can appeal a citation and notice may appeal a corrective notice. All corrective notice appeals must be submitted within 15 working days after the notice was received. |
You must:
| Immediately post all correspondence from the department in a conspicuous place after submitting an appeal. This correspondence includes: |
- The notice explaining that the department reassumed jurisdiction over the citation and notice
- Any extensions to the review period
- The notice for an informal conference
- Corrective notices
| Post all notices and information related to the appeal in the place where WISHA citations and notices are posted (see WAC 296-800-35150). These include: |
- Notices about the department reassuming jurisdiction and any extension of the review period until the end of review period
- A notice of an informal conference until after the conference is held
- Corrective notices for as long as citations and notices must be posted
- Requesting alternate means of compliance with WISHA rules.
Note: If you wish to develop an alternate means of compliance with WISHA rules, you may do so by following the instructions in WAC 296-350-700 Variances from WISHA rules.
| In certain circumstances, the department allows an employer to vary from a specific WISHA safety and health standard if the employer uses department-approved substitute measures to protect employees. The substitute measure must provide at least the same protection from work place hazards as provided by the WISHA standard. |
| The following definitions were removed: |
| The following definitions were added: |
| This section now reads: |
Abatement date.
The date on the citation when you must comply with specific safety and health standards listed on the citation and notice of assessment or the corrective notice of redetermination.
Acceptable.
The term acceptable used As used in electrical, WAC 296-800-280 means an installation or equipment is acceptable to
the director of labor and industries, and approved:
| If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory; or | |
| With respect to an installation or equipment of a kind which no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, if it is inspected or tested by another federal agency, or by a state, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Code, and found in compliance with the provisions of the National Electrical Code as applied in this section; | |
| OR | |
| With respect to custom-made equipment or related installations which are designed, fabricated for, and intended for use by a particular customer, if it is determined to be safe for its intended use by its manufacturer on the basis of test data which the employer keeps and makes available for inspection to the director and his/her authorized representatives. Refer to federal regulation 29 C.F.R. 1910.7 for definition of nationally recognized testing laboratory. |
Access. The term access As used in material safety data
sheets (MSDSs) as exposure records, WAC 296-800-180 means the
right and opportunity to examine and copy exposure records.
Affected employees. Affected employees are Employees
exposed to hazards identified as violations in a citation.
Analysis using exposure or medical records.
| An analysis using exposure records or medical records can be any collection of data or a statistical study. It can be based on either: |
- Information collected from health insurance claim records
| The analysis is not final until it has been: |
- Completed by the person responsible for the analysis
ANSI. This is an acronym for the American National Standards Institute.
Approved. The term approved means:
| Approved by the director of the department of labor and industries or their authorized representative, or by an organization that is specifically named in a rule, such as Underwriters' Laboratories (UL), Mine Safety and Health Administration (MSHA), or the National Institute for Occupational Safety and Health (NIOSH). | |
| As used in Electrical, WAC 296-800-280 means acceptable to the authority enforcing this section. The authority enforcing this section is the director of labor and industries. The definition of acceptable indicates what is acceptable to the director and therefore approved. |
ASTM. This is an acronym for American Society for Testing and Materials.
Attachment plug or plug. An attachment plug, Is the
attachment at the end of a flexible cord or cable that is part of
a piece of electrical equipment. When it is inserted into an
outlet or receptacle, it connects the conductors supplying
electrical power from the outlet to the flexible cable.
Bare conductor. A bare conductor is A conductor that does
not have any covering or insulation.
Bathroom. A room maintained within or on the premises of any place of employment, contained toilets for use by employees.
Board. Board means The board of industrial insurance
appeals.
Certification. Certification Refers to an employer's
written statement describing when and how a citation violation
was corrected.
C.F.R. This is an acronym for Code of Federal Regulations.
Chemical. A chemical is Any element, chemical compound, or
mixture of elements and/or compounds.
Chemical manufacturer. An employer with a workplace where one or more chemicals are produced for use or distribution.
Chemical name. The scientific designation of a chemical in accordance with one of the following:
| The nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) | |
| The Chemical Abstracts Service (CAS) rules of nomenclature | |
| OR | |
| A name which will clearly identify the chemical for the purpose of conducting a hazard evaluation. |
| Is a device used to manually open or close a circuit. This device will also open the circuit automatically and without damage to the breaker when a predetermined overcurrent is applied. (600 volts nominal or less) | |
| Is a switching device capable of making, carrying, and breaking currents under normal circuit conditions, and also making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions, such as those of short circuit. (over 600 volts nominal) |
Combustible liquid. A combustible liquid has a flashpoint of at least 100F (37.8C) and below 200F (93.3C). Mixtures with at least 99% of their components having flashpoints of 200F (93.3C) or higher are not considered combustible liquids.
Commercial account. A commercial account is An arrangement
in which a retail distributor sells hazardous chemical(s) to an
employer, generally in large quantities over time, and/or at
costs that are below the regular retail price.
Common name. A common name is Any designation or
identification such as:
| Code name | |
| Code number | |
| Trade name | |
| Brand name | |
| Generic name used to identify a chemical other than by its chemical name. |
| 40 psi at 70F (21.1C) | |
| OR | |
| 104 psi at 130F (54.4C) regardless of the pressure at 70F (21.1C) |
Conductor. A conductor is A wire that transfers electric
power.
Container. This term describes Any container, except for
pipes or piping systems, that contains a hazardous chemical. It
can be any of the following:
| Bag | |
| Barrel | |
| Bottle | |
| Box | |
| Can | |
| Cylinder | |
| Drum | |
| Reaction vessel | |
| Storage tank |
Abatement action plans. Refers to your written plans for correcting a WISHA violation.
Corrective notice. Corrective notice Refers to a notice
changing a citation and is issued by the department after a
citation has been appealed.
Covered conductor. A covered conductor is A conductor that
is covered by something else besides electrical insulation.
Damp location. Damp locations are Partially protected areas
that are exposed to moderate moisture. Outdoor examples include
roofed open porches and marquees. Interior examples include
basements and barns.
Department. Department means Those portions of the
department of labor and industries responsible for enforcing the
Washington Industrial Safety Act (WISHA).
Designated representative. A designated representative is:
| Any individual or organization to which an employee gives written authorization. | |
| A recognized or certified collective bargaining agent without regard to written employee authorization. | |
| The legal representative of a deceased or legally incapacitated employee. |
Distributor. A business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to other distributors or to employers. See WAC 296-62-054 for requirements dealing with Manufacturers, Distributors and Importers - Hazard Communication.
Documentation. Documentation means Material that you submit
to prove that a correction is completed. Documentation includes,
but is not limited to, photographs, receipts for materials and/or
labor.
Dry location. Dry locations are Areas not normally
subjected to damp or wet conditions. Dry locations may become
temporarily damp or wet, such as when constructing a building.
Electrical outlets. Electrical outlets are Places on an
electric circuit where power is supplied to equipment through
receptacles, sockets, and outlets for attachment plugs.
Employee. The term employee and other terms of like meaning, unless the context of the provision containing such term indicates otherwise, means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise.
Employee exposure record. An employee exposure record is A
record containing any of the following kinds of information:
| Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained; | |
| Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs; | |
| Material safety data sheets indicating that the material may pose a hazard to human health; | |
| OR | |
| In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent. |
Exit. An exit Provides a way of travel out of the
workplace.
Exit route. An exit route is A continuous and unobstructed
path of exit travel from any point within a workplace to safety
outside.
Explosive. An explosive is A chemical that causes a sudden,
almost instant release of pressure, gas, and heat when exposed to
a sudden shock, pressure, or high temperature.
Exposed live parts. Exposed live parts are Electrical parts
that are:
| Not suitably guarded, isolated, or insulated | |
| AND | |
| Capable of being accidentally touched or approached closer than a safe distance. |
Exposure or exposed. The terms exposure and exposed mean
that As used in employer chemical hazard communication, WAC 296-800-170, an employee has been, or may have possibly been,
subjected to a hazardous chemical, toxic substance or harmful
physical agent while working. An employee could have been
exposed to hazardous chemicals, toxic substances, or harmful
physical agents in any of the following ways:
| Inhalation | |
| Ingestion | |
| Skin contact | |
| Absorption | |
| Related means. |
| Used | |
| Handled | |
| Stored | |
| Generated | |
| OR | |
| Present |
Failure-to-abate. Any violation(s) resulting from you not complying with an abatement date.
Final order. Final order means Any of the following unless
an employer or other party files a timely appeal:
| Citation and notice; | |
| Corrective notice; | |
| Decision and order from the board of industrial insurance appeals; | |
| Denial of petition for review from the board of industrial insurance appeals; or | |
| Decision from a Washington State superior court, court of appeals, or the state supreme court. |
First aid. First aid means The extent of treatment you
would expect from a person trained in basic first aid, using
supplies from a first-aid kit. Tests, such as X-rays, must not
be confused with treatment. For example, an employee thought he
broke his arm and went to the hospital to get X-rays. If the
X-rays show no broken bones, they are not considered first aid.
On the other hand, if they do show a broken bone, they would be
considered medical treatment.
Flammable. Flammable means A chemical covered by one of the
following categories:
| Aerosol flammable means an aerosol that, when tested by the method described in 16 C.F.R. 1500.45 yields either a flame projection more than 18 inches at full valve opening or a flashback (a flame extending back to the valve) at any degree of valve opening; | |
| Gas, flammable means: |
- A gas that, at temperature and pressure of the surrounding area, forms a range of flammable mixtures with air wider than 12% by volume, regardless of the lower limit;
| Liquid, flammable means any liquid having a flashpoint below 100F (37.8C), except any mixture having components with flashpoints of 100F (37.8C) or higher, the total of which make up 99% or more of the total volume of the mixture. | |
| Solid, flammable means a solid, other than a blasting agent or explosive as defined in WAC 296-52-417 or 29 C.F.R. 1910.109(a), that is likely to cause fire through friction, moisture absorption, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily. Solid, inflammable also means that when the substance is ignited, it burns so powerfully and persistently that it creates a serious hazard. A chemical must be considered to be a flammable solid if, when tested by the method described in 16 C.F.R. 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis. |
| The minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested by any of the following measurement methods: |
- Pensky-Martens closed tester: (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100F (37.8C), or that contain suspended solids, or that have a tendency to form a surface film under test; or
- Setaflash closed tester: (See American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78).)
Note: Organic peroxides, which undergo auto accelerating thermal decomposition, are excluded from any of the flashpoint measurement methods specified above.
Flexible cords and cables. Flexible cords and cables are
Typically used to connect electrical equipment to an outlet or
receptacle. These cords can have an attachment plug to connect
to a power source or can be permanently wired into the power
source. Flexible cords, extension cord, cables and electrical
cords are all examples of flexible cord.
Floor hole. An opening in any floor, platform, pavement, or yard that measures at least one inch but less than 12 inches at its smallest dimension and through which materials and tools (but not people) can fall.
Examples of floor holes are:
| Belt holes | |
| Pipe openings | |
| Slot openings |
Examples of floor openings are:
| Hatchways | |
| Stair or ladder openings | |
| Pits | |
| Large manholes |
| Openings occupied by elevators | |
| Dumbwaiters | |
| Conveyors | |
| Machinery | |
| Containers |
Ground. A ground As used in electrical, WAC 296-800-280,
means a connection between an electrical circuit or equipment and
the earth or other conducting body besides the earth. This
connection can be intentional or accidental.
Grounded. The term grounded means A connection has been
made between an electrical circuit or equipment and the earth or
another conducting body besides the earth.
Grounded conductor. A grounded conductor is A system or
circuit conductor that is intentionally grounded.
Ground-fault circuit-interrupter. A ground fault circuit
interruptor is A device whose function is to interrupt the
electric circuit to the load when a fault current to ground
exceeds some predetermined value that is less than that required
to operate the overcurrent protective device of the supply
circuit.
Grounding conductor. A grounding conductor Is used to
connect equipment or the grounded circuit of a wiring system to a
grounding electrode or electrodes.
Grounding conductor, equipment. An equipment grounding
conductor is A conductor used to connect noncurrent-carrying
metal parts of equipment, raceways, and other enclosures to the
system grounded conductor and/or the grounding electrode
conductor at the service equipment or at the source of a
separately derived system.
Guarded. The term guarded means Covered, shielded, fenced,
enclosed, or otherwise protected by means of suitable covers,
casings, barriers, rails, screens, mats, or platforms to remove
the likelihood of being accidentally touched or approached closer
than a safe distance.
Handrail. A handrail is A single bar or pipe supported on
brackets from a wall or partition to provide a continuous
handhold for persons using a stair.
Harmful physical agent. A harmful physical agent is Any
chemical substance, biological agent (bacteria, virus, fungus,
etc.), or physical stress (noise, heat, cold, vibration,
repetitive motion, ionizing and nonionizing radiation, hypo- or
hyperbaric pressure, etc.) which:
| Is listed in the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) (See Appendix B); or | |
| Has shown positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer; or | |
| Is the subject of a material safety data sheet kept by or known to the employer showing that the material may pose a hazard to human health. |
Hazard warning. A hazard warning Can be a combination of
words, pictures, symbols, or combination appearing on a label or
other appropriate form of warning which shows the specific
physical and health hazard(s), including target organ effects, of
the chemical(s) in the container(s).
Note: See definition for physical hazard and health hazard to determine which hazards must be covered.
Hazardous chemical. A hazardous chemical is Any chemical
that is a physical or health hazard.
Health hazard. Any chemical with the potential to cause acute or chronic health effects in exposed employees. The potential must be statistically significant based on evidence from at least one study conducted under established scientific principles. Health hazards include:
| Chemicals which are carcinogens | |
| Toxic or highly toxic agents | |
| Reproductive toxins | |
| Irritants | |
| Corrosives | |
| Sensitizers | |
| Hepatotoxins | |
| Nephrotoxins | |
| Neurotoxins | |
| Agents which act on the hematopoietic system | |
| Agents which damage the lungs, skin, eyes, or mucous membranes |
Appendix B See WAC 296-62-054 for describes the criteria to
be used for determining whether or not a chemical is considered
hazardous for purposes of this rule.
Hospitalization. Hospitalization means To be sent to, to go
to, or be admitted to, a hospital or an equivalent medical
facility and receive medical treatment beyond first-aid
treatment, regardless of the length of stay in the hospital or
medical facility.
Identity. Identity means Any chemical or common name listed
on the material safety data sheet (MSDS) for the specific
chemical. Each identity used must allow cross-references among
the:
| Required list of hazardous chemicals | |
| Chemical label | |
| MSDSs |
Importer. An importer is The first business within the
Customs Territory of the USA that:
| Receives hazardous chemicals produced in other countries | |
| AND | |
| Supplies them to distributors or employers within the USA |
Insulated. Insulated means A conductor has been completely
covered by a material that is recognized as electrical insulation
and is thick enough based on:
| The amount of voltage involved | |
| AND | |
| The type of covering material |
Label. A label is displayed or attached to containers of hazardous chemicals. It can be:
| Written | |
| Printed | |
| OR | |
| Graphic material |
Lighting outlet. A lighting outlet is an outlet intended for the direct connection of a lampholder, a lighting fixture, or a pendant cord for a lampholder.
Listed. Equipment is listed if it:
| Is listed in a publication by a nationally recognized laboratory (such as UL, underwriters laboratory) that inspects the production of that type of equipment, | |
| AND | |
| States the equipment meets nationally recognized standards or has been tested and found safe to use in a specific manner. |
Medical treatment. Medical treatment is Treatment provided
by a physician or by registered professional personnel under the
standing orders of a physician. Medical treatment does not
include first-aid treatment even if provided by a physician or
registered professional personnel.
Mixture. A mixture means As used in employer chemical
hazard communication, WAC 296-800-170, any combination of 2 or
more chemicals (if that combination did not result from a
chemical reaction).
Movable equipment. As used in WAC 296-800-35052, Moveable
equipment A hand-held or nonhand-held machine or device;
| That is powered or nonpowered; | |
| AND | |
| Can be moved within or between worksites |
NEMA. These initials stand for National Electrical Manufacturing Association.
NFPA. This is an acronym for National Fire Protection Association.
Nose, nosing. A nose is The portion of the stair tread that
projects over the face of the riser below it.
Occupational Safety and Health Administration (OSHA). Passed in 1970 by the U.S. Congress, the OSH (Occupational Safety and Health) Act provides safety on the job for working men and women. OSHA oversees states (such as Washington) that have elected to administer their own safety and health program. OSHA requires WISHA rules to be at least as effective as OSHA rules.
Office work environment. Office work environment is An
indoor or enclosed occupied space where clerical work,
administration, or business is carried out.
In addition, it includes:
| Other workplace spaces controlled by the employer and used by office workers, such as cafeterias, meeting rooms, and washrooms. | |
| Office areas of manufacturing and production facilities, not including process areas. | |
| Office areas of businesses such as food and beverage establishments, agricultural operations, construction, commercial trade, services, etc. |
Organic peroxide. This is an organic compound containing the bivalent-0-0-structure. It may be considered a structural derivative of hydrogen peroxide if one or both of the hydrogen atoms has been replaced by an organic radical.
Outlet. See definition for electrical outlets.
Oxidizer. An oxidizer is A chemical other than a blasting
agent or explosive as defined in WAC 296-52-417 or C.F.R.
1910.109(a), that starts or promotes combustion in other
materials, causing fire either of itself or through the release
of oxygen or other gases.
Permissible exposure limits (PELs). PELs are airborne concentrations of substances measured by their concentration in the air no matter what amount is breathed by the employee. The permissible exposure limits (PELs) must include the following four categories:
| Permissible exposure limits - Time-weighted average (PEL-TWA) is the time weighted average airborne exposure to any 8-hour work shift of a 40-work week and must not be exceeded. | |
| Permissible exposure limits - Short-term exposure limit (PEL-STEL) is the employee's 15-minute time weighted average exposure which must not be exceeded at any time during a work day unless another time limit is specified in a parenthetical notation below the limit. If another time period is specified, the time weighted average exposure over that time period must not be exceeded at any time during the working day. | |
| Permissible exposure limits - Ceiling (PEL-C) is the employee's exposure which must not be exceeded during any part of the workday. If instantaneous monitoring is not feasible, then the ceiling must be assessed as a 15-minute time weighted average exposure which must not be exceeded at any time over a working day. | |
| Skin notation is the potential contribution to the overall employee exposure by the cutaneous route including mucous membranes and eye, either by airborne, or more particularly, by direct contact with the substance. These substances are identified as having a skin notation in the OSHA and WISHA PEL tables (29 C.F.R. Part 1910 Subpart Z and WAC 296-62-075, respectively). |
Personal service room. A personal service room is Used for
activities not directly connected with a business' production or
service function such as:
Examples of personal service rooms include:
| First-aid |
|
| Medical services |
|
| Dressing |
|
| Showering |
|
Physical hazard. A physical hazard is A chemical that has
scientifically valid evidence to show it is one of the following:
| Combustible liquid | |
| Compressed gas | |
| Explosive | |
| Flammable | |
| Organic peroxide | |
| Oxidizer | |
| Pyrophoric | |
| Unstable (reactive) | |
| Water reactive |
Plug. See definition for attachment plug.
Potable water. Water that you can safely drink. It meets specific safety standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 C.F.R. Part 141, and 40 C.F.R. 147.2400.
Predictable and regular basis. The term predictable and
regular basis means Employee functions such as, but not limited
to, inspection, service, repair and maintenance which are
performed
| At least once every 2 weeks |
for a total of
| 4 man-hours or more during any sequential 4 week period
|
| Manufacture | |
| Process | |
| Formulate | |
| Blend | |
| Extract | |
| Generate | |
| Emit | |
| Repackage |
Pyrophoric. A chemical is pyrophoric if it will ignite spontaneously in the air when the temperature is 130F (54.4C) or below.
Qualified. A person is qualified if they have one of the following:
| Extensive knowledge, training and experience about the subject matter, work or project | |
| A recognized degree, certificate, or professional standing | |
| Successfully demonstrated problem solving skills about the subject, work, or project |
Reassume jurisdiction. The term reassume jurisdiction means
that The department has decided to take back its control over a
citation and notice that has been appealed.
Receptacle or receptacle outlet. Outlets that accept a plug to supply electric power to equipment through a cord or cable.
Record. A record is any item, collection, or grouping of information. Examples include:
| Paper document | |
| Microfiche | |
| Microfilm | |
| X-ray film | |
| Automated data processing | |
| Computer record |
Responsible party. A responsible party is As used in
employer chemical hazard communication, WAC 296-800-170, someone
who can provide appropriate information about the hazardous
chemical and emergency procedures.
Rise. The rise of a stairstep is The vertical distance from
the top of a tread to the top of the next higher tread.
Riser. A riser of a stairstep is The vertical part of the
step at the back of a tread that rises to the front of the tread
above.
Rungs. Rungs are the round and oval cross pieces cross
pieces on ladders that are used to climb up and down the ladder.
Runway. A runway is An elevated walkway above the
surrounding floor or ground level. Examples of runways are
footwalks along shafting or walkways between buildings.
Safety factor. The term safety factor means the ratio of when something will break versus the actual working stress or safe load when it is used.
Serious violation. Serious violation must be deemed to exist in a workplace if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such workplace, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
Should. Should means recommended.
Single ladder. A single ladder is A type of portable ladder
with one section.
It is distinguished by all of the following:
| It has one section | |
| It cannot support itself | |
| Its length cannot be adjusted |
| Lighting up | |
| Inhaling | |
| Exhaling | |
| Carrying a pipe, cigar or cigarette of any kind that is burning |
| Chemical name | |
| Chemical Abstracts Service (CAS) registry number | |
| Any other information that reveals the precise chemical designation of the substance. |
Stairs or stairway. Stairs or stairways A series of steps
and landings:
| - | Leading from one level or floor to another, |
| - | Leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment |
| - | Used more or less continuously or routinely by employees, or only occasionally by specific individuals. |
| - | With three or more risers |
| Machinery | |
| Appliances | |
| Tools | |
| Buildings | |
| Equipment |
| Metal | |
| Wood | |
| Other suitable materials |
Step ladder. A stepladder is A portable ladder with the
following qualities:
| Flat steps | |
| A hinge at the top allowing the ladder to fold out and support itself | |
| Its length that cannot be adjusted |
Toeboard. A toeboard is A vertical barrier at floor level
erected along exposed edges of a floor opening, wall opening,
platform, runway, or ramp to prevent falls of materials.
Toilet. Means a fixture that flushes maintained within a bathroom for the purpose of defecation or urination or both.
Toxic substance. A toxic substance is Any:
| Chemical substance | |
| Biological agent (such as bacteria, virus, or fungus) | |
| Physical stress (such as noise, vibration, or repetitive motion) |
| The latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) lists the substance | |
| Testing by or known to the employer has shown positive evidence that the substance is an acute or chronic health hazard | |
| A material safety data sheet kept by or known to the employer shows the material may be a hazard to human health |
| Formula | |
| Pattern | |
| Process | |
| Device | |
| Information | |
| Collection of information |
You can find a legal definition of trade secret in See WAC 296-62-053 for requirements dealing with trade secrets. WAC 296-62-05427, Appendix D, provides a legal definition of trade
secret. WAC 296-62-05417 sets out criteria to be used in
evaluating trade secrets.
Tread. A tread is The horizontal part of the stair step.
Tread run. The tread run is The distance from the front of
one stair tread to the front of an adjacent tread.
Tread width. The width of a stair tread is The distance
from front to rear of the same tread including the nose, if used.
UL (Underwriters' Laboratories, Inc.). You will find these initials on electrical cords and equipment. The initials mean the cord or equipment meets the standards set by the Underwriters' Laboratories, Inc.
Unstable (reactive). As used in employer chemical hazard communication, WAC 296-800-170, an unstable or reactive chemical is one that in its pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.
Urinal. A urinal is A toilet in a men's bathroom that is
designed and intended solely for urination.
Use. The term use As used in employer chemical hazard
communication, WAC 296-800-170, means to:
| Package | |
| Handle | |
| React | |
| Emit | |
| Extract | |
| Generate as a by-product | |
| Transfer |
Voltage to ground. The term voltage to grounds means The
voltage between a conductor and the point or conductor of the
grounded circuit. For undergrounded circuits, it is the greatest
voltage between the conductor and any other conductor of the
circuit.
Voltage, nominal. Nominal voltage is a value assigned to a circuit or system to designate its voltage class (120/240, 480Y/277, 600, etc.). The actual circuit voltage can vary from the value if it is within a range that permits the equipment to continue operating in a satisfactory manner.
WAC. This is an acronym for Washington Administrative Code, which are rules developed to address state law.
Water-reactive. As used in employer chemical hazard communication, WAC 296-800-170, a water-reactive chemical reacts with water to release a gas that is either flammable or presents a health hazard.
Watertight. A container or enclosure into which moisture
cannot enter Constructed so that moisture will not enter the
enclosure or container.
Weatherproof. The term weatherproof means that weather will
not interfere with the equipment's successful operation. The
following types of equipment can fulfill the requirements for
waterproof if wetness is not a factor: Rainproof, Raintight,
Watertight. Constructed or protected so that exposure to the
weather will not interfere with successful operation. Rainproof,
raintight, or watertight equipment can fulfill the requirements
for weatherproof where varying weather conditions other than
wetness, such as snow, ice, dust, or temperature extremes, are
not a factor.
Wet location. Wet locations are:
| Underground installations or in concrete slabs or masonry that are in direct contact with the earth | |
| Locations that can be saturated by water or other liquids | |
| Unprotected locations exposed to the weather (like vehicle washing areas) |
Willful violation. Willful violation is one involving a voluntary action, done either with an intentional disregard of, or plain indifference to, the requirements of the applicable WISHA rule(s) in the Washington Administrative Code (WAC) rule(s).
WISHA. This is an acronym for the Washington Industrial Safety and Health Act.
WISHA poster. The WISHA poster is the job safety and health
protection poster. You can order it by requesting form
F416-081-000.
Workdays. Workdays mean weekdays that do not fall on state holidays. State holidays include: New Year's Day; Martin Luther King, Jr. Day; Presidents' Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; and Christmas Day December 25.
Workdays. A calendar day, except Saturdays, Sundays, and legal holidays as set forth in RCW 1.16.050, as now or hereafter amended, and for the purposes of the computation of time within which an act is to be done under the provisions of this chapter, shall be computed by excluding the first working day and including the last working day.
Worker. See the definition for employee.
Workplace.
| The term workplace means: |
- An establishment, job site, or project, at one geographical location containing one or more work areas.
Your representative. Your representative is the person selected to act in your behalf."
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 305, Amended 223, Repealed 152.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 305, Amended 223, Repealed 152.
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 305,
Amended 223,
Repealed 152.
Effective Date of Rule:
September 1, 2001.
May 9, 2001
Gary Moore
Director
OTS-4171.7
SAFETY AND HEALTH CORE RULES
| Note: There are other WISHA rules you may need to comply with. For a complete list of WISHA rules, see the resources section of this book. |
On average, two people lose their lives every week in job-related incidents in Washington state. Each year, more than 250,000 workers' compensation claims are accepted for work-related injuries and illnesses. Medical care and wage replacement for these injured workers costs more than a billion dollars. The indirect costs of workplace injuries are even larger in terms of lost quality of life, personal financial ruin, operating costs of business, and decreased profitability. Employers and employees who work together to identify and control hazards on the job can save lives and money while improving business and productivity.
What is L&I and WISHA?
The department of labor and industries (L&I) is a state agency that provides many different services:
Workplace safety and health, including inspections and enforcement, consultation, technical assistance, training, education and grants. (WISHA)
Workers' compensation (or industrial insurance), including claims management, rate setting, medical payments, and research.
Specialty compliance services, including contractor registration, electrical inspections, boiler and elevator inspections, apprenticeship programs and employment standards.
Many of these services are available from L&I's twenty-two regional offices (see the resources section of this book for a list of regional offices).
In 1973, the legislature passed the Washington Industrial Safety and Health Act or WISHA (Revised Code of Washington (chapter 49.17 RCW)). WISHA requires employers to provide safe and healthful workplaces for all employees. It gives L&I the responsibility to establish and enforce workplace safety and health rules.
How does WISHA work?
WISHA covers nearly all employers and employees in Washington, including employees who work for the state, counties, and cities. L&I inspectors enforce WISHA rules by inspecting workplaces without advance notice including investigations of work-related deaths, injuries, and employees' complaints. When WISHA inspectors find a violation in a workplace, they issue a citation to the employer and a penalty may be attached. If you have questions about whether you are covered by WISHA, call 1-800-4BE SAFE (1-800-423-7233) or a local office of L&I.
What is OSHA and its relationship to WISHA?
The U.S. Congress created the Occupational Safety and Health Administration (OSHA) in 1971 to develop and enforce workplace safety and health rules throughout the country. States may choose to run their own safety and health programs as long as they are at least as effective as OSHA. Washington state has chosen to run its own program and most employers in the state, therefore, are subject to enforcement by L&I and not by federal OSHA.
In Washington state, OSHA covers workplaces with federal employees, nonfederal employees working on federal reservations and military bases, employees working on floating worksites (floating dry docks, fishing boats, construction barges), and employees working for tribal employers on tribal lands.
Does WISHA apply to you?
WISHA applies to almost every employer and employee in Washington. WISHA applies to you if:
You hire someone to work for you as an employee, including workers from a temporary agency.
You are hired to work for someone as their employee.
You own your own business or you are a corporate officer and have elected industrial insurance coverage for yourself.
You have a contract with someone else that primarily involves personal labor, even though you are not required to pay industrial insurance or unemployment insurance premiums.
You volunteer your personal labor, or you have volunteers working for you who receive any benefit or compensation.
If you have any questions about your particular situation, call 1-800-4BE SAFE (1-800-423-7233) or contact your local office of L&I for help. See the resources section of this book for a complete list of L&I offices.
Are there other safety and health rules I need to know about?
In addition to the rules in the WISHA Safety and Health Core Rules book, there are other general WISHA rules that may apply to employers, depending upon the industry and workplace activities. See the resources section of this book for a complete list of WISHA rules or go to the website for all the state rules administered by L&I at http://www.wa.gov/lni/home/wacs.htm. If you have questions about these rules or would like copies of them, call 1-800-4BE SAFE (1-800-423-7233) or your local office of L&I.
How do the WISHA rules relate to fire, building and electrical codes?
Fire codes: WISHA rules contain basic requirements for portable fire extinguishers, exit routes, housekeeping, storage, stairs and electrical hazards for the protection of employees in your workplace. The rules contained in this book are the most basic requirements to make sure that as an employer you provide a safe and healthy work environment. However, these are not the only rules regarding the requirements for portable fire extinguishers, exit routes, housekeeping, storage, stairs and electrical equipment. The fire marshall and local fire authorities enforce the Uniform Fire Code (UFC). WISHA and UFC differ in some areas, for example UFC requires exit sign lettering to be 6" or more and WISHA only states that the letters have to be clearly visible. Fire codes have more detailed and extensive requirements for the protection of the public than WISHA. Some codes overlap with WISHA requirements.
Building and electrical codes: WISHA rules are minimum requirements regardless of when the building was built or remodeled. Buildings must also comply with building and electrical codes at the time of construction. If you remodel, you must comply with the building and electrical codes applicable at that time. Building authorities and electrical inspection authorities enforce rules from the Uniform Building Code (UBC), and the National Electrical Code (NEC).
You are encouraged to call your local fire, building or electrical authority. For more information on the requirements in your area look in the government section of your phone book. Copies of these codes are available at your local library.
How can WISHA help employers and employees?
Employers can ask WISHA safety and health consultation staff for free, confidential consulting services in your workplace. WISHA safety and health professionals can examine your workplace and make recommendations about how to comply with WISHA rules. If the consultant finds hazards, the employer will be given a reasonable period of time to correct the hazard without citation or penalty.
Sometimes you might have to wait for an appointment because of the demand for these services. You still must provide a safe workplace while you wait for a consultation.
WISHA offers a wide variety of free services:
Safety and health workshops held in locations throughout the state
A comprehensive safety and health video lending library
Safety and health publications geared for both employer and employee
Website with on-line publications and learning opportunities
| Note: | By law, WISHA consultants do not have any enforcement authority. |
[]
EMPLOYER RESPONSIBILITIES: SAFE WORKPLACE
| Note: | Use these rules where there are no specific rules applicable to the particular hazard. |
| Employees may discuss and participate in any WISHA safety and health related practice and may refuse to perform dangerous tasks without fear of discrimination. Discrimination includes: Dismissal, demotion, loss of seniority, denial of a promotion, harassment, etc. (see chapter 296-360 WAC, Discrimination) pursuant to RCW 49.17.160 for a complete description of discrimination and the department's responsibility to protect employees. |
Provide a workplace free from recognized hazards.
Provide and use means to make your workplace safe.
Prohibit employees from entering, or being in, any workplace that is not safe.
Construct your workplace so it is safe.
Prohibit alcohol and narcotics from your workplace.
Prohibit employees from using equipment or materials that do not meet requirements.
WAC 296-800-11030.
[]
Provide your employees a workplace free from recognized hazards that are causing, or are likely to cause, serious injury or death.
| Note: | A hazard is recognized if it is commonly known in the employer's industry or if there is evidence that the employer knew or should have known of the existence of the hazard or if it can be established that any reasonable person would have recognized the hazard. |
[]
Provide and use safety devices, safeguards, and use work practices, methods, processes, and means that are reasonably adequate to make your workplace safe.
Do not remove, displace, damage, destroy or carry off any safety device, safeguard, notice or warning, furnished for use in any employment or place of employment.
Do not interfere with use of any of the above.
Do not interfere with the use of any method or process adopted for the protection of any employee.
Do everything reasonably necessary to protect the life and safety of your employees.
[]
Prohibit employees from entering, or being in, any workplace that is not safe.
[]
Not construct, or cause to be constructed, a workplace that is not safe. This rule applies to employers, owners, and renters of property used as a place of employment.
[]
Prohibit alcohol and narcotics from your workplace, except in industries and businesses that produce, distribute, or sell alcohol and narcotic drugs.
Prohibit employees under the influence of alcohol or narcotics from the worksite.
| EXEMPTION: | Employees who are taking prescription drugs, as directed by a physician or dentist, are exempt from this section, if the employees are not a danger to themselves or other employees. |
[]
Prohibit employees from using equipment, materials, tools, or machinery that fails to meet the applicable WISHA requirements, including the rules for specific industries.
Be responsible for the safe condition of tools and equipment used by employees.
| Note: | This applies to all equipment, materials, tools, and machinery whether owned by the employer or under control of another firm or individual. |
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Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.
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EMPLOYEE RESPONSIBILITIES| Note: | Employees may discuss and participate in any WISHA safety and health related practice and may refuse to perform dangerous tasks without fear of discrimination. Discrimination includes: Dismissal, demotion, loss of seniority, denial of a promotion, harassment, etc. (see chapter 296-360 WAC, Discrimination) pursuant to RCW 49.17.160 for a complete description of discrimination and the department's responsibility to protect employees. |
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Study and follow all safe practices that apply to their work.
Coordinate and cooperate with all other employees in the workplace to try to eliminate on-the-job injuries and illnesses.
Apply the principles of accident prevention in your daily work and use proper safety devices and protective equipment as required by your employment or employer.
Take care of all personal protective equipment (PPE) properly.
Not wear torn or loose clothing while working around machinery.
| Note: | Things such as clothing, hair, and jewelry can get caught in machinery and be a hazard on the job. |
Report promptly to their supervisor every industrial injury or occupational illness.
Not remove, displace, damage, or destroy or carry off any safeguard, notice, or warning provided to make the workplace safe.
Not interfere with use of any safeguard by anyone in the workplace.
Not interfere with the use of any work practice designed to protect them from injuries.
Do everything reasonably necessary to protect the life and safety of employees.
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SAFETY COMMITTEES AND SAFETY MEETINGSYou must:
Establish a safety committee or have safety meetings.
Make sure that each meeting includes a discussion of established safety topics.
Make sure that safety committee meeting minutes are recorded and preserved.
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| If: | Then: |
| You employ 11 or more employees on the same shift at the same location | You must establish a safety committee |
| You have 10 or less
employees or If you have 11 or more that meet these conditions: Work on different shifts and 10 or less employees are on each shift or Work in widely separated locations and 10 or less employees are at each location |
You may elect to have a safety meeting instead of a safety committee |
Has both employer-selected and employee-elected members.
The number of employer-selected members must be equal to or less than the number of employee-elected members.
The term of employee-elected members must be a maximum of one year. This rule does not specify the number of terms a representative can serve.
If there is an employee-elected member vacancy, a new member must be elected prior to the next scheduled meeting.
Has an elected chairperson.
Determines how often the safety committee will meet.
| Note: | If the committee cannot agree on the frequency of safety meetings, the department of labor and industries' regional safety consultation representative must be consulted for recommendations (see the resource section in this book). |
| Note: | Employees selected by the employees bargaining representative or union qualify as "employee-elected." |
Make sure your safety committee:
Determines when and where the safety committee will meet.
Meetings cannot exceed one hour, unless extended by a majority vote of the committee.
Make sure safety meetings:
Are held at least once a month; or weekly (or biweekly) if conditions arise that require discussions of safety problems.
Be composed of at least one management representative, in addition to the crew/staff.
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At each safety committee or safety meeting:
Review safety and health inspection reports to help correct safety hazards.
Evaluate the accident investigations conducted since the last meeting to determine if causes of the unsafe situation were identified and corrected.
Evaluate the workplace accident and illness prevention program and discuss recommendations for improvement if needed.
In addition, at each meeting you must:
Document attendance.
Write down subject(s) discussed.
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Prepare minutes from each safety committee meeting:
Preserve them for one year.
Make them available for review by safety and health consultation personnel of the department of labor and industries.
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ACCIDENT PREVENTION PROGRAMYour responsibility: To establish, supervise and enforce an accident prevention program (APP) that is effective in practice. (You may call this your total safety and health plan.)
You must:
Develop a formal, written accident prevention program (APP).
Develop, supervise, implement, and enforce safety and health training programs that are effective in practice.
Make sure your accident prevention program (APP) is effective in practice.
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Develop a formal accident prevention program that is outlined in writing. The program must be tailored to the needs of your particular workplace or operation and to the types of hazards involved.
| Note: | The term "accident prevention program" refers to your written plan to prevent accidents, illnesses, and injuries on the job. Your accident prevention program may be known as your safety and health plan, injury prevention program, or by some other name. |
Make sure your Accident Prevention Program contains at least the following elements:
A safety orientation:
♦ A description of your total safety and health program.
♦ On-the-job orientation showing employees what they need to know to perform their initial job assignments safely.
♦ How and when to report on-the-job injuries including instruction about the location of first-aid facilities in your workplace.
♦ How to report unsafe conditions and practices.
♦ The use and care of required personal protective equipment (PPE).
♦ What to do in an emergency, including how to exit the workplace.
♦ Identification of hazardous gases, chemicals, or materials used on-the-job and instruction about the safe use and emergency action to take after accidental exposure.
A safety and health committee.
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Develop, supervise, implement, and enforce training programs to improve the skill, awareness, and competency of all your employees in the field of occupational safety and health.
Make sure training includes on-the-job instruction to employees prior to their job assignment about hazards such as:
Safe use of powered materials-handling equipment, such as forklifts, backhoes, etc.
Safe use of machine tool operations.
Use of toxic materials.
Operation of utility systems.
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Establish, supervise, and enforce your accident prevention program in a manner that is effective in practice.
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FIRST-AID SUMMARYYou must:
Make sure that first-aid trained personnel are available to provide quick and effective first aid.
Make sure first-aid training contains required subjects.
Keep current and document your first-aid training.
Make sure appropriate first-aid supplies are readily available.
Provide a first-aid station when required.
| Note: | Your workplace may be covered by separate first-aid rules. If you do any of the types of work listed below, you must follow separate industry specific rules: |
| Industry | Chapter (WAC) |
| Agriculture | 296-307 |
| Compressed air | 296-36 |
| Construction | 296-155 |
| Fire fighting | 296-305 |
| Logging | 296-54 |
| Sawmill | 296-78 |
| Ship building and repairing | 296-304 |
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Choose one of the following two options to make sure that your employees have access to personnel who are trained in first aid.
Option 1:
Make sure first-aid trained employees are in your workplace to help your employees if they become hurt or ill on the job by doing the following:
Make sure that:
♦ Each person in charge of employees has first-aid training; or
♦ Another person with first-aid training is present or available to your employees, whenever you have 2 or more employees present.
Adequately post emergency telephone numbers in your workplace.
Option 2:
Develop and maintain a written first-aid response plan for your workplace. If you choose this option, you must do all of the following:
Determine how many, if any, employees should be trained in first-aid, based on the following factors:
♦ What type(s) of occupational hazards are present in your workplace?
♦ How likely is it that a workplace injury or illness will occur?
♦ How serious are the occupational hazards in your workplace?
♦ How remote is your workplace?
♦ How complex is your worksite in terms of size, design, etc.?
♦ What medical emergencies have occurred at your workplace in the past?
♦ How far away and how long does it take to get to emergency medical services?
| Note: | Employers who require their employees to provide first-aid must comply with the bloodborne pathogen rule, WAC 296-62-080. |
Make sure your first-aid response plan:
Fits your work location, type of work, and environmental conditions.
Identifies the available emergency medical services and access numbers and where they are posted.
Describes the type of first-aid training employees receive, if applicable.
Identifies the location(s) of first-aid supplies and/or first-aid stations.
Identifies the contents of first-aid kits.
Describes how first-aid supplies or kits will be inspected and maintained.
Describes how injured or ill employees will have access to first-aid trained employees.
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| Note: | Assess your workplace to determine if there are certain job hazards, if the time and distance from emergency medical services indicate a need for training beyond the items listed below. |
Make sure that every two years, employees are trained in and able to demonstrate their skill and knowledge of the following subject areas:
Role and responsibilities of the first-aid provider.
Assessing a scene.
Performing an initial and ongoing assessment of an injured or ill person.
Scene safety.
Body substance isolation/bloodborne pathogens.
Performing an emergency move.
Placing an ill person in the recovery position.
Opening and maintaining an airway.
Providing rescue breathing.
Managing an obstructed airway.
Performing adult/one-rescuer CPR.
Recognizing the warning signs and symptoms of medical problems.
Recognizing and caring for an injured or ill person with decreased levels of responsiveness.
Controlling external bleeding and recognizing internal bleeding.
Recognizing and caring for victims of shock.
Recognizing and stabilizing spinal injury.
Recognizing and manually stabilizing suspected skeletal injuries.
Knowledge of voluntary provisions of first aid, consent and confidentiality.
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Keep a written record of your employees' first-aid training by keeping rosters, first-aid cards, or certificates. You may store your documentation on a computer, as long as the information is readily available when requested by personnel of the department of labor and industries.
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Make sure first-aid supplies are readily available.
Make sure first-aid supplies at your workplace are appropriate to:
Your occupational setting.
The response time of your emergency medical services.
| Note: | First-aid kits from your local retailer or safety supplier should be adequate for most nonindustrial employers. |
Make sure that first-aid supplies are:
Easily accessible to all your employees.
Stored in containers that protect them from damage, deterioration, or contamination. Containers must be clearly marked, not locked, and may be sealed.
Able to be moved to the location of an injured or acutely ill worker.
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Provide a first-aid station with at least one first-aid trained employee available if there are fifty or more employees per shift at one location.
Make sure the first-aid station:
Is well marked.
Is available to employees during all working hours.
Is equipped with first-aid supplies that are appropriate for your number of employees, occupational setting, and working conditions.
Has at least one portable first-aid kit.
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PERSONAL PROTECTIVE EQUIPMENT (PPE)What is PPE?: PPE is an item or items used to protect the eyes, face, head, body, arms, hands, legs, and feet such as goggles, helmets, head covers, gloves, rubber slickers, disposable coveralls, safety shoes, protective shields, and barriers.
| EXEMPTION: | WAC 296-800-16015, 296-800-16025, 296-800-16030, and 296-800-16035 do not apply to electrical protective equipment or respiratory protection. See chapters 296-24 WAC, Part L, and chapter 296-62 WAC Part E, for rules about these types of protective equipment. |
Do a hazard assessment for PPE.
Document your hazard assessment for PPE.
Select appropriate PPE for your employees.
Provide PPE to your employees.
Train your employees to use PPE.
Retrain employees to use PPE, if necessary.
Document PPE training.
Require your employees to use necessary PPE on the job. WAC 296-800-16040.
Keep your PPE safe and in good condition.
Make sure your employees use appropriate face and eye protection.
Make sure your employees use appropriate head protection.
Make sure your employees use appropriate foot protection.
Make sure your employees use appropriate hand protection.
Make sure your employees are protected from drowning.
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Look for and identify hazards or potential hazards in your workplace and determine if PPE is necessary on the job.
| Note: | PPE alone should not be relied on to provide protection for your employees. PPE should be used after all other reasonable means of reducing hazards have been carried out. Identifying hazards in your workplace should be built into your regular routine. You should take active steps to get rid of all identified hazards. For example, you can: |
| Consider other ways to get hazardous jobs done. | |
| Reduce hazardous materials or processes. | |
| Apply engineering controls to reduce or eliminate hazards. |
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Verify that a hazard assessment for PPE has been done at your workplace and complete a written certification (paper or electronic format) that includes the:
Name of the workplace
Address of the workplace you inspected for hazards
Name of person certifying that a workplace hazard assessment was done
Date(s) the workplace hazard assessment was done
Statement identifying the document as the certification of hazard assessment for PPE for the workplace
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(1) Select appropriate PPE.
Select appropriate PPE for your employees if hazards are present, or likely to be present.
Select PPE for each at-risk employee to use for protection from the hazards identified in your workplace hazard assessment.
(2) Select PPE that properly fits each at-risk employee.
| Note: | The hazards in your workplace have special rules that may apply to them. |
| For information about PPE for specific workplaces, see these WISHA rule books: |
| Chapter 296-24 WAC | General Safety and Health Standards |
| Chapter 296-32 WAC | Telecommunication |
| Chapter 296-45 WAC | Electrical Workers |
| Chapter 296-54 WAC | Logging Operations |
| Chapter 296-59 WAC | Ski Area Facilities and Operations |
| Chapter 296-62 WAC | General Occupational Health Standards |
| Chapter 296-79 WAC | Pulp, Paper, and Paperboard Mills and Converters |
| Chapter 296-155 WAC | Construction Work |
| Chapter 296-301 WAC | Textile Industry |
| Chapter 296-304 WAC | Ship Repairing, Ship Building and Shipbreaking |
| Chapter 296-305 WAC | Fire Fighters |
| Note: | For help in selecting PPE for your employees, you have several options. You may: |
| Visit the OSHA website http://www.osha-slc.gov/SLTC/personalprotectiveequipment/index.html. | |
| Call 1-800-4BE SAFE (1-800-423-7233) for guidelines for selecting PPE. | |
| Consult with safety and health professionals knowledgeable in this area. | |
| Discuss PPE choices with your employees. |
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Provide PPE wherever hazards exist from:
Processes or the environment
Chemical hazards
Radiological hazards or
Mechanical irritants that could cause injury or impairment to the function of any body part through absorption, inhalation, or physical contact.
Provide necessary PPE to employees at no cost to the employee if the PPE:
Will be used to protect against hazardous materials or
Is the type that would not reasonably or normally be worn away from the workplace, such as single use or disposable PPE.
| Note: | Examples of PPE that the employer must provide are: |
| Boots or gloves that could become contaminated with hazardous materials in the workplace. | |
| Safety glasses, goggles, and nonprescription protective eye wear. | |
| Goggles that fit over prescription eye wear. | |
| Hard hats. | |
| Full body harnesses and lanyards. | |
| Single use or disposable PPE such as plastic type gloves used in the food service or medical industries. | |
| Examples of PPE that the employer may not have to provide are: | |
| Coats to protect against inclement weather. | |
| Leather boots, with or without steel toes, that will not become contaminated on the job. | |
| Prescription protective eye wear (except as part of a full face piece or hooded respirator). |
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Communicate your PPE selection decision to each at-risk employee.
Provide training to each employee who is required to use PPE on the job. Each affected employee must be trained to know at least the following:
When PPE is necessary
What PPE is necessary
How to put on, take off, adjust, and wear PPE
Limitations of PPE
Proper care, maintenance, useful life, and disposal of PPE.
Make sure before an employee is allowed to perform work requiring the use of PPE that the employer can:
Demonstrate an understanding of the training specified above; and
Demonstrate the ability to use PPE properly.
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Retrain an employee when you have reason to believe the understanding, motivation, and skills required to use the PPE has not been retained. Circumstances where retraining is required include:
Changes in the workplace that make previous training out of date.
Changes in the types of PPE to be used make previous training out of date.
Work habits or demonstrated knowledge indicate that the employee has not retained the necessary understanding, skill, or motivation to use PPE.
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Document in writing that each employee using PPE has received and understood the required training.
This documentation must include:
Name of each employee
Date(s) of training
Subject of the training
| Note: | Documentation may be stored on a computer as long as it is available to safety and health personnel from the department of labor and industries. |
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Require your employees to use necessary PPE on the job.
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Make sure all PPE is safe for the work to be performed. It must:
Be durable.
Fit snugly.
Not interfere with the employee's movements.
Make sure PPE is used and maintained in a clean and reliable condition.
Defective equipment MUST NOT be used.
Make sure if employees provide their own PPE, that it is adequate for the workplace hazards, and maintained in a clean and reliable condition.
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Make sure that employees exposed to hazards that could injure their eyes and/or face use appropriate protection. Examples of these hazards include:
Flying particles.
Molten metal.
Liquid chemicals.
Acids or caustic liquids.
Chemical gases or vapors.
Any light that could injure the eyes such as lasers, ultraviolet, or infrared light.
Make sure employees exposed to hazards from flying objects have eye protection with side protection, such as safety glasses with clip-on or slide-on side shields.
Make sure eye protection for employees who wear prescription lenses:
Incorporates the prescription into the design of the eye protection; or
Is large enough to be worn over the prescription lenses without disturbing them.
Make sure PPE used to protect the eyes and face meet the following specific ANSI standards: (Most commercially available PPE is marked with the specific ANSI requirements.)
PPE bought before February 20, 1995, must meet ANSI standard A87.1-1968.
PPE bought after February 20, 1995, must meet ANSI standard Z87.1-1989.
If you use eye or face protection that does not meet these ANSI standards, you must show they are equally effective.
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(1) Make sure employees wear appropriate protective helmets.
Where employees are exposed to hazards that could cause a head injury. Examples of this type of hazard include:
Flying or propelled objects.
Falling objects or materials.
Where employees are working around or under scaffolds or other overhead structures.
That helmets meet the following specific ANSI standards (most commercially available PPE is marked with specific ANSI requirements):
Protective helmets bought before February 20, 1995, must meet ANSI standard Z89.1-1969.
Protective helmets bought after February 20, 1995, must meet ANSI standard Z89.1-1986.
If you use protective helmets that do not meet these ANSI standards, you must show they are equally effective.
(2) Make sure employees working near exposed electrical conductors that could contact their head wear a protective helmet designed (that meet the above ANSI standards) to reduce electrical shock hazard.
Caps with metal buttons or metal visors must not be worn around electrical hazards.
(3) Make sure employees working around machinery or in locations that present a hair-catching or fire hazard wear caps or head coverings that completely cover their hair.
Employees must wear a hair net that controls all loose ends when:
Hair is as long as the radius of pressure rolls with exposed in-running nip points.
Hair is twice as long as the circumference of exposed revolving shafts or tools in fixed machines.
Employees must wear a hair covering of solid material when:
The employee is exposed to an ignition source and may run into an area containing class-1 flammable liquids, such as ether, benzene, or combustible atmospheres if their hair is on fire.
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(1) Use appropriate foot protection.
Where employees are exposed to hazards that could injure their feet. Examples of these hazards are:
Falling objects
Rolling objects
Piercing/cutting injuries
Electrical hazards
That meets specific ANSI requirements. (Most commercially available PPE is marked with specific ANSI requirements.)
PPE bought before February 20, 1995, must meet ANSI standard Z41.1-1967.
PPE bought after February 20, 1995, must meet ANSI standard Z41-1991.
If you use foot protection that does not meet these ANSI standards, you must show it is equally effective.
(2) Make sure your employees wear calks or other suitable footwear to protect against slipping while they are working on top of logs.
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Make sure employees exposed to hazards that could injure their hands use appropriate hand protection. Examples of these hazards include:
Absorbing harmful substances
Severe cuts, lacerations or abrasions
Punctures
Chemical burns and/or thermal burns
Harmful temperature extremes
Make sure when choosing hand protection, you consider how well the hand protection performs relative to the:
Task
Conditions present
Duration of use
Hazards
Potential hazards
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(1) Provide and wear personal flotation devices (PFD).
When they work in areas where the danger of drowning exists, such as:
On the water.
Over the water.
Alongside the water.
| Note: | Employees are not exposed to the danger of drowning when: |
| The water is known to be less than chest high on the employee. | |
| Employees are working behind standard height and strength guardrails. | |
| Employees are working inside operating cabs or stations that eliminate the possibility of accidentally falling into the water. | |
| Employees are wearing an approved safety belt with a lifeline attached that prevents the possibility of accidentally falling into the water. |
Provide your employees with approved United States Coast Guard PFDs. Ski belts or inflatable type PFDs are prohibited. The following are appropriate or allowable United States Coast Guard-approved PFDs:
| Type of PFD | General Description |
| Type I | Off-shore life jacket, effective for all waters or where rescue may be delayed. |
| Type II | Near-shore buoyant vest, intended for calm, inland water or where there is a good chance of quick rescue. |
| Type III | Flotation aid, good for calm, inland water, or where there is a good chance of rescue. |
| Type V | Flotation aids such as boardsailing vests, deck suits, and work vests. |
| Note: | Commercially available PFDs are marked or imprinted with the type of PFD. |
You must:
(2) Provide approved life rings with an attached line on all docks, walkways, and fixed installations on or adjacent to water more than five feet deep.
Life rings must:
Be United States Coast Guard approved 30 inch size.
Have attached lines that are at least 90 feet in length.
Have attached lines at least 1/4 inch in diameter.
Have attached lines with a minimum breaking strength of 500 pounds.
Be spaced no more than 200 feet apart.
Be kept in easily visible and readily accessible locations.
Life rings and attached lines must:
Be maintained to retain at least 75 percent of their designed buoyancy and strength.
Be provided in the immediate vicinity when employees are assigned work at other casual locations where the risk of drowning exists.
Work assigned over water where the vertical drop from an accidental fall would be more than 50 feet, must be subject to specific procedures as approved by the department.
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EMPLOYER -- CHEMICAL HAZARD COMMUNICATION INTRODUCTIONThousands of chemicals can be found in today's workplaces. These chemicals may have the capacity to cause health problems, from minor skin irritations to serious injuries or diseases like cancer.
The Employer Chemical Hazard Communication rule was developed to make sure employers and employees are informed about chemical hazards in the workplace.
This rule applies to:
Employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.
Contractors or subcontractors that work for employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.
| Note: | If you produce, import, distribute and/or repackage chemicals, or choose not to rely on labels or material safety data sheets provided by the manufacturer or importer, you must comply with chemical hazard communication for manufacturers, importers and distributers, WAC 296-62-054. |
| You may withhold trade secret information under certain circumstances, see trade secrets, WAC 296-62-053, to find out what information may be withheld as a trade secret and what information must be released. |
| EXEMPTIONS: | For the purposes of this Employer Hazard Communication rule, if you are engaged in agricultural production of crops or livestock, "employee" does not mean: |
| Immediate family members of the officers of any corporation, partnership, sole proprietorship or other business entity or officers of any closely held corporation. | |
| Certain products, chemicals, or items are exempt from this rule. Below is a summarized list of these exemptions. See WAC 296-800-17055 at the end of this rule to get complete information about these exemptions: | |
| Any hazardous waste or substance | |
| Tobacco or tobacco products | |
| Wood or wood products that are not chemically treated and will not be processed, for example, by sawing and sanding | |
| Food or alcoholic beverages | |
| Some drugs, such as retail or prescription medications | |
| Retail cosmetics | |
| Ionizing and nonionizing radiation | |
| Biological hazards | |
| Any consumer product or hazardous substance when workplace exposure is the same as that of a consumer | |
| ♦ Retail products used in offices in the same manner and frequency used by consumers can be termed "consumer products." Consumer products include things such as: Correction fluid, glass cleaner, and dishwashing liquid. | |
| Example: If you use a household cleaner in your workplace in the same way that a consumer would use it when cleaning their house, the exposure should be the same as the consumer's. ("In the same way" means using the household cleaner in the same manner and frequency.) A janitor using a household cleaner, such as bleach, throughout the day, is not considered to be consumer use. | |
| Manufactured items that remain intact are exempt for this rule. |
| The following are examples: |
| Item | Covered by this rule | Not covered by this rule |
| Brick | Sawed or cut in half | Used whole or intact |
| Pipe | Cut by a torch | Bent with a tube bender |
| Nylon Rope | Burning the ends | Tying a knot |
| Manufactured items that are fluids or in the form of particles are not exempt for this rule. |
Making a list of the hazardous chemicals present in your workplace
Preparing a written Chemical Hazard Communication Program for your workplace
Informing your employees about this rule and your program
Providing training to your employees about working in the presence of hazardous chemicals
Getting and keeping the material safety data sheets (MSDSs) for the hazardous chemicals
Making sure that labels on containers of hazardous chemicals are in place and easy to read
You must:
Develop, implement, maintain, and make available a written Chemical Hazard Communication Program.
Identify and list all the hazardous chemicals present in your workplace.
Obtain and maintain material safety data sheets (MSDS) for each hazardous chemical used.
Make sure that material safety data sheets (MSDS) are readily accessible to your employees.
Label containers holding hazardous chemicals.
Inform and train your employees about hazardous chemicals in your workplace.
Follow these rules for laboratories using hazardous chemicals.
Follow these rules for handling chemicals in factory sealed containers.
The department must:
Translate certain chemical hazard communication documents upon request.
Attempt to obtain a material safety data sheet (MSDS) upon request.
Exemption:
Items or chemicals exempt from the rule, and exemptions from labeling.
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Develop, implement, maintain, and make available a written Chemical Hazard Communication Program specifically for your workplace. The Chemical Hazard Communication Program must, at a minimum, include:
A list of hazardous chemicals known to be present in your workplace.
Procedures for making sure all containers are properly labeled.
A description of how you are going to obtain and maintain your material safety data sheets (MSDS).
A description of how you are going to train and inform your employees about hazardous chemicals in their workplace.
A description of how you are going to inform your employees about:
♦ Chemical hazards used during nonroutine tasks.
♦ The hazards associated with chemicals contained in unlabeled pipes in their work areas.
You must:
Make sure your written chemical hazard communication program includes the following communication methods you will apply if you produce, use, or store hazardous chemicals at your workplace(s) in such a way that the employees of other employer(s) may be exposed:
Provide the other employer(s) with a copy of the relevant material safety data sheets (MSDSs), or provide access to the MSDSs in a central location at the workplace.
Inform the other employer(s) of any precautionary measures that need to be taken to protect employees during normal operating conditions and in foreseeable emergencies.
Describe how to inform the other employer(s) of the labeling system used in the workplace.
You must:Note:
Examples of employees of other employers who could be exposed to chemical hazards that you produce, use, or store in
your workplace include employees of construction companies, cleaning services, or maintenance contractors visiting or
working on-site.
Your employees have the right to get chemical hazard communication information from other employers at workplaces
where they are working; and
Employees of other employers have the right to get the information from you when they are working at your workplace.
Include in your written Chemical Hazard Communication Program the methods that you will use to share information
with other employers and their employees at your workplace(s) regarding:
Access to MSDS.
Precautionary measures such as personal protective equipment (PPE) and emergency plans.
Any labeling systems used at the workplace.
If you rely on another employer's Chemical Hazard Communication Program to share the information required and the
program meets the requirements of this rule, document this in your own written Chemical Hazard Communication
Program.
Make your Chemical Hazard Communication Program available to your employees.
| Note: | You must make the written Chemical Hazard Communication Program available, upon request, to employees, their designated representatives, the department and NIOSH, in accordance with the requirements of Access to records, WAC 296-62-052. |
| Where employees must travel between workplaces during a workshift, that is, if their work is carried out at more than one geographical location, the written Chemical Hazard Communication Program may be kept at the primary workplace facility. |
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Identify all hazardous chemicals at your workplace. This includes any chemical that is known to be present in your workplace in such a way that employees may be exposed to it under normal conditions of use or in a foreseeable emergency.
Create a list of these chemicals using the chemical or common name on the material safety data sheet (MSDS).
This list:
Must be compiled for the workplace as a whole, or for individual work areas.
Is necessary to make sure that all hazardous chemicals are identified and that MSDS, and labeling rules are met.
Must be current.
| Note: | The following are some ways to determine whether a product is hazardous: |
| Look for words on the label, such as "CAUTION," "WARNING," or "DANGER." | |
| Look for words or "hazard coding" that indicate that the chemical is flammable, an irritant, corrosive, carcinogenic, etc. "Hazard coding" refers to words, numbers, or colors that tell you a chemical is dangerous. | |
| Check the product's MSDS for hazard information. | |
| Examples of hazardous chemicals are: Acids, adhesives, caustics, fuels, paints, varnishes, shellacs and pesticides. Too many other classes of hazardous chemicals exist to list them all here. If you have any questions about a chemical you have at your workplace, contact your local L&I office (see the resource section of this book). |
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| Note: | MSDSs are a type of employee exposure record. Therefore, you must comply with the Access to MSDS as exposure records, WAC 296-800-180, located in this book. |
Obtain a MSDS for each hazardous chemical used as soon as possible if the MSDS is not provided with the shipment of a hazardous chemical from the chemical manufacturer or importer.
| Note: | To obtain a MSDS, you may try calling the manufacturer or checking their website. |
| If you have a commercial account with a retailer or wholesaler, you have the right to request and receive a MSDS about hazardous chemicals you purchase. | |
| If a chemical is purchased from a retailer with no commercial accounts, you have the right to request and receive the manufacturer's name and address so that you can contact them and request a MSDS for the chemical. | |
| Whoever prepares the MSDS is required to mark all blocks on the form, even if there is no relevant information for that section. | |
| If you have problems getting a MSDS within 30 calendar days after making a written request to the chemical manufacturer, importer, or distributor, you can get help from WISHA. You may contact your local regional office for assistance or make a written request for assistance to the: | |
| Department of Labor and Industries | |
| Right-to-Know Program | |
| P.O. Box 44610 | |
| Olympia, Washington 98504-4610. | |
| Include in your request: | |
| A copy of the purchaser's written request to the chemical manufacturer, importer, or distributor. | |
| The name of the product suspected of containing a hazardous chemical. | |
| The identification number of the product, if available. | |
| A copy of the product label, if available. | |
| The name and address of the chemical manufacturer, importer, or distributor from whom the product was obtained. |
Maintain a MSDS for each hazardous chemical:
Keep copies of the required MSDSs for each hazardous chemical present in your workplace. These may be kept in any form, including as a part of operating procedures.
Each MSDS must be in English. You may also keep copies in other languages.
| Note: | If you choose not to rely on MSDSs or labels provided by the manufacturer or importer, you must comply with the Chemical hazard communication standard for manufacturers, importers, and distributors, WAC 296-62-054. |
| It may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. MSDS can be designed to cover groups of hazardous chemicals in a work area. |
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Make sure that MSDSs are readily accessible, easily obtained without delay during each work shift to employees when they are in their work area(s).
Make sure that employees can immediately obtain the required MSDS information in an emergency.
Where employees must travel between workplaces during a workshift, such as when their work is carried out at more than one geographical location, the MSDSs may be kept at a central location at the primary workplace facility.
This can be done by means such as voice communication or laptop computer.
| Note: | Electronic access (such as computer or fax), microfiche, and other alternatives to maintaining paper copies of the MSDSs are permitted as long as they do not create barriers to immediate employee access in each workplace. |
| Barriers to immediate access of electronic MSDSs may include: | |
| Power outages | |
| Equipment failure | |
| System delays | |
| Deficient user knowledge to operate equipment | |
| Location of equipment outside the work area. | |
| Solutions to eliminating these and other possible barriers to access may require the availability of back-up systems, employee training, and providing access equipment in the work areas. | |
| MSDSs must also be made readily available, upon request, to the department in accordance with the requirements of material safety data sheets (MSDSs) as exposure records, WAC 296-800-180. NIOSH (National Institute for Occupational Safety and Health) must also be given access to MSDSs in the same manner. |
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The following is a summary of items that are exempt from this rule. For complete information about each of these, see WAC 296-800-17055.
Pesticides, when labeled as required by the Environmental Protection Agency (EPA).
Food, food additives, color additives, drugs, cosmetics, or medical/veterinary devices or products.
Alcoholic beverages not intended for industrial use.
Consumer products labeled as required by the Consumer Product Safety Commission.
Agriculture or vegetable seeds treated and labeled as required by the Federal Seed Act.
| Note: | You are not required to label portable containers into which hazardous chemicals are transferred from labeled containers, if the chemical is used and controlled by the employee who performed the transfer within the same shift. |
Make sure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with the following information:
The identity of the hazardous chemical(s) using either the chemical or common name.
| Note: | You are not required to list each component in a hazardous mixture on the label. If a mixture is referred to on a material safety data sheet (MSDS) by a product name, then the product name should be used as the identifier. |
Examples of label:
| Name of chemical |
| Physical hazards |
| Health Hazards |
| Health effects information |
| Affected Target organs |
♦ Signs
♦ Placards
♦ Process sheets
♦ Batch tickets
♦ Operating procedures or
♦ Other such written materials,
as long as the alternate method identifies the containers and conveys the required label information.
| Note: | You may use words, pictures, symbols or any combination to communicate the hazards of the chemical. Be sure to train your employees so they can demonstrate a knowledge of the labeling system you use. |
Sample Container Labels
| Place illustration here. |
| Some alternative labeling systems do no communicate target organ information, so the employee will have to rely on training provided by the employer to obtain this information. |
Not remove or deface existing labels on incoming containers of hazardous chemicals (such as those marked with the United States Department of Transportation (USDOT) markings, placards and labels), unless the container is immediately labeled with the required information. You do not need to put on new labels if existing labels already provide the required information. If the package or container is sufficiently cleaned of residue and purged of vapors to remove any potential health or physical hazard, existing labels can be removed.
Make sure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift.
Note:
Employers with non-English speaking employees may use other languages in the warning information in addition to the
English language.
| Place illustration here. |
| Note: | Above is an example of a labeled container. You may use a laminated or coated label, affixed to the container with a wire, to avoid deterioration of labels due to a solvent, such as acetone. |
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Provide employees with effective information on hazardous chemicals in their work area at the time of their initial job assignment. Whenever a new physical or health hazard related to chemical exposure is introduced into their employees' work areas, information must be provided.
Inform employees of:
♦ The requirements of this rule
♦ Any operations in their work area where hazardous chemicals are present
♦ The location and availability of your written Chemical Hazard Communication Program, including the list(s) of hazardous chemicals and material safety data sheets (MSDSs) required by this rule.
Provide employees with effective training about hazardous chemicals in their work area at the time of their initial job assignment. Whenever a new physical or health hazard related to chemical exposure is introduced, the employees must be trained.
Make sure that employee training includes:
Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area.
Examples of these methods and observations may include:
♦ Monitoring conducted by you
♦ Continuous monitoring devices
♦ Visual appearance or odor of hazardous chemicals when being released
♦ Physical and health hazards of the chemicals in the work area, including the likely physical symptoms or effects of overexposure
♦ Steps employees can take to protect themselves from the chemical hazards in your workplace, including specific procedures implemented by you to protect employees from exposure to hazardous chemicals. Specific procedures may include:
&sqbul; Appropriate work practices
&sqbul; Engineering controls
&sqbul; Emergency procedures
&sqbul; Personal protective equipment to be used
&sqbul; Details of the chemical hazard communication program developed by you, including an explanation of the labeling system and the MSDS, and how employees can obtain and use the appropriate hazard information.
Tailor information and training to the types of hazards to which employees will be exposed. The information and training may be designed to cover categories of hazards, such as flammability or cancer-causing potential, or it may address specific chemicals. Chemical-specific information must always be available through labels and MSDSs
Make reasonable efforts to post notices in your employees' native languages (as provided by the department) if those employees have trouble communicating in English.
| Note: | Interactive computer-based training or training videos can be used provided they are effective. |
| Your MSDSs may not have WISHA permissible exposure limits (PELs) listed. In some cases, WISHA PELs are stricter than the OSHA PELs and other exposure limits listed on the MSDSs you receive. If this is the case, you must refer to the WISHA PEL table, WAC 296-62-075, for the appropriate exposure limits to be covered during training. |
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| Note: | Laboratories are required to have a written Chemical hygiene plan under WAC 296-62-400, if applicable. They are not required to have a written Chemical Hazard Communication Program. |
You must:
(2) Maintain material safety data sheets (MSDSs) received with incoming shipments of hazardous chemicals and make them available to laboratory employees when they are in their work areas.
(3) Provide laboratory employees with information and training as described in: "Inform and train your employees about hazardous chemicals in your workplace," WAC 296-800-17030, except for the part about the location and availability of the Written Chemical Hazard Communication Program.
| Note: | Laboratory employers that ship hazardous chemicals are considered to be either chemical manufacturers or distributors. When laboratory employers ship hazardous chemicals they must comply with the rule, "hazard communication standards for chemical manufacturers, importers and distributors," WAC 296-62-054. |
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You must:
(1) Make sure that labels on incoming containers of hazardous chemicals are in place and readable.
(2) Keep or obtain material safety data sheets.
Keep any MSDS that are received with incoming shipments of the sealed containers of hazardous chemicals.
If a factory-sealed container of hazardous chemicals comes without a MSDS, obtain one as soon as possible, if an employee requests it.
(3) Make sure that the MSDSs are readily accessible during each work shift to employees when they are in their work area(s).
(4) Inform and train your employees about hazardous chemicals in your workplace, to protect them in case of a hazardous chemical spill or leak from a factory-sealed container. You do not have to cover the location and availability of the written Chemical Hazard Communication Program.
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Upon receipt of a written or verbal request, prepare and make available (within available resources) to employers or the public, a translation into Cambodian, Chinese, Korean, Spanish, or Vietnamese of any of the following:
An employer's written Chemical Hazard Communication Program.
A material safety data sheet or
Written materials prepared by the department to inform employees of their rights described in this rule, regarding chemical hazard communication.
| Note: | Written requests for translations should be directed to: |
| Department of Labor and Industries | |
| Right-to-Know Program | |
| P.O. Box 44610 | |
| Olympia, Washington 98504-4610. |
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Upon receipt of an employer's written request for a material safety data sheet, attempt to obtain the MSDS from the chemical manufacturer, importer, or distributor. When the department receives the MSDS, the department must forward a copy of it to the purchaser at no cost. Small business employers will be given priority for this service.
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Listed below are the full descriptions of the items or chemicals that are exempt, or not covered, by this rule:
Any consumer product or hazardous substance, defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substance Act (15 U.S.C. 1261 et seq.) respectively, where you can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure that is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended.
Any hazardous waste defined by the Hazardous Waste Management Act chapter 70.105 RCW, when subject to regulations issued under that act by the department of ecology that describes specific safety, labeling, personnel training, and other rules for the accumulation, handling and management of hazardous waste.
Any hazardous waste defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued under that act by the Environmental Protection Agency.
Any hazardous substance defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.), when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with Environmental Protection Agency regulations.
Tobacco or tobacco products.
Wood or wood products, including lumber that will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to the employees is the potential for flammability or combustibility. Wood or wood products that have been treated with hazardous chemicals covered by this rule, and wood that may be subsequently sawed or cut, generating dust, are not exempted.
Articles, meaning manufactured items other than a fluid or particle that:
♦ Are formed to a specific shape or design during manufacture;
♦ Have end use function(s) dependent in whole or in part upon their shape or design during end use; and
♦ Under normal conditions of use, do not release more than very small quantities, for example, minute or trace amounts of a hazardous chemical such as, emissions from a marking pen or a newly varnished wood chair, and do not pose a physical hazard or health risk to employees
Food or alcoholic beverages that are sold, used, or prepared in a retail establishment such as a grocery store, restaurant, or drinking place, and foods intended for personal consumption by employees while in the workplace.
Any drug, defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), when it is in solid, final form for direct administration to the patient (for example, tablets or pills); drugs that are packaged by the chemical manufacturer for sale to consumers in a retail establishment (for example, over-the-counter drugs); and drugs intended for personal consumption by employees while in the workplace (for example, first aid supplies). Aerosolized or cytotoxic drugs administered by a health care worker are not excluded.
Cosmetics packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace.
Ionizing and nonionizing radiation.
Biological hazards.
This rule does not require labeling of the following chemicals:
Any pesticide defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when subject to the labeling requirements of that act and labeling regulations issued under that act by the Environmental Protection Agency.
Any chemical substance or mixture defined in the Toxic Substance Control Act (15 U.S.C. 2601 et seq.), when subject to the labeling requirements of that act, and labeling requirements issued under that act by the Environmental Protection Agency.
Any food, food additive, color additive, drug, cosmetic, or medical/veterinary device or product, including materials intended for use as ingredients in such products (for example, flavors and fragrances), are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Virus-Serum Toxin Act of 1913 (21 U.S.C. 151 et seq.) and regulations issued under those acts, when they are subject to the labeling requirements under those acts by either the Food and Drug Administration or the Department of Agriculture.
Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that act, when subject to the labeling requirements of that act and labeling regulations issued under that act by the Bureau of Alcohol, Tobacco, and Firearms.
Any consumer product or hazardous substance defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety rule or labeling requirement of those acts, or regulations issued under those acts by the Consumer Product Safety Commission.
Agricultural or vegetable seed treated with pesticides and labeled in accordance with the Federal Seed Act (7 U.S.C. 1551 et seq.) and the labeling requirements issued under that act by the Department of Agriculture.
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This rule supplements the chemical hazard communication rule by extending access to MSDSs, or their alternative, after employment and after the hazardous chemical is no longer used in the workplace. Your responsibility:
To preserve and provide access to material safety data sheets (MSDSs) or their alternative as exposure records.
You must:
Preserve exposure records for at least 30 years.
Inform current employees of exposure records.
Provide access to exposure records.
Transfer records when ceasing to do business.
| Note: | Access to records, WAC 296-62-052, requires the preservation and access to other exposure records including records such as workplace monitoring data and biological monitoring results and medical records. If you keep these other types of employee exposure records or employee medical records, you must comply with these additional requirements. |
| This rule applies to every employer who maintains, makes, contracts for, or has access to MSDSs for chemicals used in their workplace. | |
| The specific identity of a toxic substance may be withheld from a disclosable record if it is a verifiable trade secret. For trade secret requirements see WAC 296-62-053. |
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Keep material safety data sheets (MSDSs) and analysis using MSDSs for at least thirty years, including current, former, and future employers receiving transferred records. Preserve MSDSs in any form, as long as the information is not altered and is retrievable. You may keep alternative records instead of MSDSs concerning the identity of a substance. The alternative record must also be kept for thirty years and contain the following information:
Some record of the identity (chemical name, if known) of a substance or agent
Where the substance or agent was used
When the substance or agent was used
| Note: | Keeping alternative records may be less work than you think. When developing your hazard communication program's list of hazardous chemicals (WAC 296-800-17010), add the "where used" and "when used" information required by this rule. |
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Inform current employees who are, or will be exposed to toxic substance or harmful physical agents of:
The existence, location, and availability of material safety data sheets (MSDSs) or alternative records, and any other records covered by this rule.
The person responsible for maintaining and providing access to records.
Their rights of access to these records.
Exposure records when the employee first enters into employment and then once a year thereafter.
| Note: | Informing employees of the availability of these records may be accomplished by posting, group discussion or by individual notifications. |
Keep a copy of this rule and make copies available upon request to employees.
Distribute to employees any informational materials about this rule that are made available to the employer by the department.
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Provide access, whenever requested by an employee (any current, former, or transferred worker) or their designated representative to a relevant exposure record such as material safety data sheets (MSDSs) or their alternative, or analysis using MSDSs or their alternative:
In a reasonable time, place, and manner.
Within fifteen working days. If the employer cannot meet this requirement, they must inform the requesting party of the reason for the delay and the earliest date the record will be made available.
Make sure the department has prompt access to any exposure records and related analysis. This must be done without violation of any rights under the Constitution or the Washington Industrial Safety and Health Act that the employer chooses to exercise.
| Note: | Nothing in this rule is meant to prevent employees and collective bargaining agents from getting access to information beyond that required by this rule. |
Make sure that whenever an employee or designated representative requests an initial copy of an exposure record, related analysis or new information added to the record:
A copy of the record is provided without cost to the employee or their representative or
The facilities are made available for copying without cost to the employee or their representative or
The record is loaned to the employee or their representative for a reasonable time to enable a copy to be made.
| Note: | Whenever a record has been previously provided without cost to an employee or designated representative, and they request additional copies, the employer may charge reasonable, nondiscriminatory administrative costs (e.g., search and copying expenses, but no overhead expenses). |
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Transfer all material safety data sheets (MSDSs) as exposure records to the successor employer, who must receive and preserve, or keep unchanged, these records.
If there is no successor to receive and preserve the employee exposure records:
Notify affected current employees of their rights of access to records at least 3 months prior to the cessation of the employer's business
and
Transfer the records to the department, if required by a specific WISHA safety and health rule.
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SAFETY BULLETIN BOARD
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Install and maintain a safety bulletin board in every fixed workplace (establishment) that has eight or more employees. Make sure the safety bulletin board is large enough to post information such as the following:
Safety bulletins
Safety newsletters
Safety posters
Accident statistics
Other safety educational material.
| Note: | You may want to post your emergency phone numbers on the safety bulletin board. |
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WISHA POSTER
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Post it where it can easily be seen by employees and keep it in good condition.
| Note: | You can order a free copy of the WISHA Poster (Form F416-081-000) from any labor and industries office. Find the labor and industries office closest to you by: |
| Looking at http://www.wa.gov/lni/pa/direct.htm or | |
| Calling 1-800-4BE SAFE (1-800-423-7233) or | |
| Checking the resources section of this book for regional offices. |
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LIGHTING
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| Note: | This section establishes minimal levels of lighting for safety purposes only. Guidelines pertaining to optimal levels of lighting and illumination may be found in Practice for Industrial Lighting, ANSI/IES RP7-1979. |
Provide and maintain adequate lighting for all work activities in your workplace. See the following table.
| Lighting Table | ||
| Activity | Minimum acceptable average lighting level in an area: | Any one single measurement used to determine the average lighting level*cannot be less than: |
| (Foot-candles) | (Foot-candles) | |
| Indoor task | 10 | 5 |
| Outdoor task | 5 | 2.5 |
| Nontask activities for both indoor and outdoor | 3 | 1.5 |
| * | Lighting levels must be measured at thirty inches above the floor/working surface or at the task. |
Have adequate light for employees to see nearby objects that might be potential hazards or to see to operate emergency controls or other equipment, if general lighting is not available.
| Note: | Lighting levels can be measured with a light meter. |
| Conversion information: 1 foot-candle =1 lumen incident per square foot =10.76 lux. |
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HOUSEKEEPING, DRAINAGE, AND STORAGE| Note: | The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book. |
Housekeeping
Keep your workplace clean.
Sweep and clean your workplace to minimize dust.
Keep your workplace free of obstacles that interfere with cleaning.
Control pests in your workplace.
Make sure floors are maintained in a safe condition.
Drainage
Keep your workroom floors dry, when practical.
Provide proper drainage.
Storage areas
Store things safely.
Control vegetation in your storage areas.
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HOUSEKEEPINGKeep all areas of you workplace, passageways, storage rooms, and service rooms in a clean, orderly and sanitary condition to the extent the nature of the work allows.
[]
Sweep and clean your workplace in a way that minimizes dust in the air as much as possible.
When practical, clean after hours so that your employees are not exposed to dust in the air on the job.
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Keep your workplace clear of obstructions such as nails, splinters, loose boards and unnecessary holes and openings to make cleaning easier and more effective.
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Make sure each building in your workplace is constructed, equipped and maintained so it restricts pests from entering or living in it. Pests include animals such as:
Rodents (rats, mice, and squirrels)
Birds (starlings, pigeons, and swallows)
Insects (bees, wasps, and mosquitoes)
Take steps to effectively control pests in your workplace, if they are detected.
Carry out a continuing and effective control program in the areas of your workplace where pests have been detected.
| Note: | By handling dead or live pests including their waste products, attached parasites and other contaminated materials,
your employees may be exposed to certain health risks. These risks include, but are not limited to: Hanta virus, rabies,
lyme disease and psittacosis. Contact your local L&I office (see resources section of this book) or the public health
department for more information about health risks and proper pest handling and disposal techniques. "Workplace" includes storage areas. |
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Make sure floors are kept free of debris. This includes:
Buildings
Platforms
Walkways and driveways
Storage yards
Docks
Use a nonslip coating on all polished floors.
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DRAINAGEDo the following to help keep your employees dry if wet processes are used in your work area:
Maintain drainage away from the work area; and
Provide false floors, platforms, or other dry places where employees can stand, where practical, or
Provide appropriate waterproof footgear.
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Provide all areas where employees work, such as yards, basements, or garages, with adequate drainage.
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STORAGE AREASStore materials so they do not create a hazard.
Keep workplace storage areas free from accumulation of materials that could create hazards from tripping, fire, or explosion.
Secure stored items such as bundles, containers, and bags to prevent them from falling, sliding, or collapsing by doing one or more of the following:
Stacking
Racking
Blocking
Interlocking
Otherwise securing them
Make sure stored items are limited in height so that they are stable and secure to prevent sliding or collapse.
Examples of Proper Material Storage
| Place illustration here. |
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Control vegetation in your storage areas when necessary to create a safe working environment.
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DRINKING WATER, BATHROOMS, WASHING FACILITIES AND WASTE DISPOSALYou must:
Provide safe drinking (potable) water in your workplace
Clearly mark the water outlets that are not fit for drinking (nonpotable)
Make sure that systems delivering not-fit-for-drinking water prevent backflow
Provide bathrooms for your employees
Provide convenient, clean washing facilities
Keep containers used for garbage or waste in a sanitary condition
Remove garbage and waste in a way that does not create a health hazard
| Note: | Some industries may have additional rules on bathrooms and washing facilities. For example: |
| WAC 296-62-07308 | Carcinogens; general regulated area requirements |
| WAC 296-62-31315 | Hazardous waste operations and treatment, storage and disposal facilities |
| WAC 296-155-140 | Construction |
| WAC 296-115-050 | Charter boats |
| chapter 296-307 WAC | Agriculture; indoor sanitation and temporary labor camps |
| WAC 296-36-160(5) | Compressed air work |
| WAC 296-24-12507 | Temporary labor camps |
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(1) Provide safe drinking (potable) water for employees for:
Washing themselves
Personal service rooms
Cooking
Washing premises where food is prepared or processed
Washing food, eating utensils, or clothing
(2) Containers and dispensers
Make sure your movable, or portable, drinking water dispensers are:
Capable of being closed
Kept in sanitary condition
Equipped with a tap
Prohibit the use of open containers such as barrels, pails, and tanks from which employees must dip or pour drinking water, even if the containers have covers.
(3) Prohibit employees from using shared drinking cups or utensils.
Definition: Potable water is water that you can safely drink that meets specific safety standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.
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(1) Mark nonpotable water outlets, such as those used for industrial processes or firefighting, so that no one will use them for:
Drinking
Washing themselves
Cooking
Washing food, eating utensils, or clothing.
| Place illustration here. |
| Note: | As long as the water does not contain substances that could create unsafe conditions, then nonpotable water can be used for: |
| Cleaning work premises that do not involve food preparation or food processing | |
| Cleaning personal service rooms, such as bathrooms. |
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Make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems.
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| Exemption: | You do not have to provide bathrooms for: |
| Mobile crews, if the employees working there have transportation immediately available to nearby bathrooms that meet the requirements of this rule. | |
| Work locations not normally attended by employees, if they have transportation immediately available to nearby bathrooms meeting the requirements of this rule. |
(1) Provide bathrooms with the appropriate number of toilets for your employees at every workplace. See the chart below to determine how many toilets you need at your workplace.
| Number of Employees* | Minimum Number of Toilets Required** |
| 1 to 15 | 1 |
| 16 to 35 | 2 |
| 36 to 55 | 3 |
| 56 to 80 | 4 |
| 81 to 110 | 5 |
| 111 to 150 | 6 |
| Over 150 | One additional toilet for each additional 40 employees |
| * | The "number of employees" used in this table means the maximum number of employees present at any one time on a regular shift. |
| ** | A shared bathroom (multiple toilets without enclosures) counts as one toilet no matter how many toilets it contains. In bathrooms used only by men, urinals may be substituted for up to one-third of the required toilets. |
Have the appropriate number of toilets for each sex, based on the number of male and female employees at your workplace. For example, if you have 37 men and 17 women, you need to have three toilets for the men and two toilets for the women, based on the chart provided in this section.
Separate bathrooms for men and women are not required if the bathroom:
♦ Will be occupied by no more than one person at a time
♦ Can be locked from the inside
♦ Contains at least one toilet
Make sure each toilet is in a separate compartment with a door and walls, or partitions to assure privacy.
(2) Provide toilet paper with a toilet paper holder for every toilet.
(3) Make sure the sewage disposal method does not endanger the health of employees.
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Mobile crews, if your employees working there have transportation immediately available to nearby washing facilities meeting the requirements of this rule.
Work locations not normally attended by employees, if they have transportation immediately available to nearby accessible washing facilities meeting the requirements of this rule.
You must:
Provide the following for your employees:
Convenient, clean washing facilities, including sinks or basins for personal washing
Hot and cold water, or lukewarm (tepid), running water in each sink and basin
Hand soap or similar cleaning agents
Near the sinks and basins provide,
Individual paper or cloth hand towels; or individual sections of clean continuous cloth toweling; or warm air blowers for drying hands.
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Do the following to maintain your waste containers:
Do not allow garbage to leak out of the containers
Be able to thoroughly clean the containers
Make sure containers have tight fitting covers (unless you can keep them sanitary without).
| Note: | If you can demonstrate that you keep your waste container(s) clean, they do not have to meet the requirements. |
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Remove all sweepings, solid and liquid wastes, refuse, and garbage as often as necessary to keep the workplace in a sanitary condition.
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ENVIRONMENTAL TOBACCO SMOKE IN THE OFFICEYou must:
Control tobacco smoke in your building
Control tobacco smoke that comes in from the outside
| Note: | This rule does not preempt any federal, state, municipal, or other local authority's regulation of indoor smoking that is more protective than this section. |
| Definition: | Office work environment is an indoor or enclosed occupied space where clerical work, administration, or business is carried out. In addition, it includes: |
| Other workplace spaces controlled by the employer and used by office workers, such as cafeterias, meeting rooms, and washrooms. | |
| Office areas of manufacturing and production facilities, not including process areas. | |
| Office areas of businesses such as food and beverage establishments, agricultural operations, construction, commercial trade, services, etc. |
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You must:
Prohibit smoking in your office work environment or
Restrict smoking inside your office work environment to designated enclosed smoking rooms that meet the following minimum criteria:
Identify smoking rooms clearly with signs.
Make sure the designated smoking rooms are not in common areas, such as:
♦ Places where nonsmoking employees are required to work or visit
♦ Restrooms
♦ Washrooms
♦ Hallways
♦ Stairways
♦ Cafeterias/lunchrooms
♦ Meeting rooms
Make sure that no employee is required to enter a designated smoking room while someone is smoking there.
Conduct cleaning and maintenance work in designated smoking rooms when smokers are not present.
You must:
Ventilate designated smoking rooms at a rate of at least 60 cubic feet per minute per smoker (calculated on the basis of the maximum number of smokers expected during the course of a normal working day), which can be supplied by transfer air from adjacent areas.
Maintain enough negative air pressure in designated smoking areas to prevent smoke from migrating into nonsmoking areas, at all times.
Operate a separate mechanical exhaust system in designated smoking rooms, to make sure exhausted air moves directly outside, and does not recirculate into nonsmoking areas.
Prohibit use of the designated smoking room if the mechanical exhaust system is not working properly, until repairs are completed.
| Note: | This ventilation rate is recommended for occupancies of no more than seven people for every 100 square feet of net occupied space in the designated smoking room. |
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You must:
Use engineering or administrative controls to minimize the amount of tobacco smoke that comes into your office(s) from outside the building.
Make sure that outside smoking areas used by your employees are not close to doorways, air intakes, and other openings that may allow airflow directly into an office.
| Note: | By changing the way workers do their job, you can reduce work exposure to potential hazards. These changes are called administrative controls and include such things as: |
| Job rotation | |
| Wetting down dusty areas | |
| Having employees shower after exposure to potentially harmful substances | |
| Maintaining equipment properly | |
| Cleaning up work areas to control the effect of potential hazards | |
| Engineering controls let you plan or physically change the machinery or work environment to prevent employee exposure to potential hazards. This includes any modification of plant equipment, processes, or materials to reduce employees' exposure to toxic materials or harmful physical agents. |
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STAIRS AND STAIR RAILINGSSUMMARY
NEW SECTION
WAC 296-800-250
Summary.
Your responsibility: To make
sure stairs used by employees are safe
| Note: | The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book. |
Provide fixed stairs where required
Provide stairs that minimize hazards
Provide handrails and stair railings
| Exemptions: | This rule does not apply to: |
| ♦ Stairs used exclusively for fire exit purposes | |
| ♦ Construction operations (See WAC 296-24-76503 for the specifications for the safe design and construction of fixed general industrial stairs.) | |
| ♦ Private buildings or residences | |
| ♦ Articulated stairs (for example, stairs used at a marina) | |
| ♦ Nonindustrial and "monumental" are excluded as they are not "industrial" stairs; however, when public and private building steps are located at loading or receiving docks, in maintenance areas, etc., or are used exclusively by employees, the requirements of this rule must apply. |
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Install fixed stairs where:
Employees travel between different levels on a predictable and regular basis.
Access to platforms is required to give routine attention to equipment under operation.
Daily movement between elevations is required to gauge, inspect, and maintain equipment where those work assignments may expose employees to acids, caustics, gases, or other harmful substances.
Carrying tools or equipment by hand is a normal work requirement.
Not use spiral stairways except as secondary exit routes.
| Note: | You can use fixed ladders for climbing elevated structures, such as tanks, towers, and overhead traveling cranes, when their use is common practice in your industry. |
| You can use winding stairways on tanks and similar round structures if the structure's diameter is at least five feet. | |
| You could use a spiral stairway as an exit route in a restricted area that lacks room for a conventional stairway. |
| Definitions: | A stairway or fixed stairs is a series of steps and landings: |
| Leading from one level or floor to another. | |
| Leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment. | |
| Used more or less continuously or routinely by employees or only occasionally by specific individuals. | |
| With three or more risers. | |
| A riser is the vertical part of the step at the back of a tread that rises to the front of the tread above. | |
| A tread is the horizontal part of the step. Tread width is the distance from the front of the tread to the back. |
Stair Components
| Place illustration here. |
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(1) Make sure stairs have slip-resistant treads.
(2) Make sure that stairs with four or more risers have:
Railings on the open sides of all exposed stairways and stair platforms
Handrails on at least one side of closed stairways, preferably on the right side while descending
(3) Provide a platform where doors or gates open directly on a stairway. The swing of the door must not reduce the effective width of the platform to less than 20 inches.
| Note: | To see all of the rules for building fixed stairs, refer to WAC 296-24-75011 and 296-24-765 of the General safety and health standard. |
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| Exemption: | Vehicle service pit stairways are exempt from the rules for stairway railing and guards, if they would prevent a vehicle from moving into a position over the pit. |
| Definition: | Handrail is a single bar or pipe on brackets from a wall or partition to provide a continuous handhold for persons using a stair. |
| Stair railing is a vertical barrier attached to a stairway with an open side, to prevent falls. The top surface of the stair railing is used as a handrail. |
Make sure stairways less than forty-four inches wide have:
At least one handrail, preferably on your right side as you go down the stairs, if both sides are enclosed.
At least one stair railing on the open side, if one side is open.
One stair railing on each side, if both sides are open.
Make sure stairways more than forty-four inches wide but less than eighty-eight inches wide have:
One handrail on each enclosed side.
One stair railing on each open side.
Make sure stairways at least eighty-eight inches wide have:
One handrail on each enclosed side.
One stair railing on each open side.
One intermediate stair railing located approximately midway of the width.
Equip winding stairs with a handrail, offset to prevent walking on all portions of the treads, less than six inches wide.
| Note: | To see all of the rules for building handrails and stairway railings, refer to WAC 296-24-75009 and 296-24-75011. |
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FLOOR OPENINGS, FLOOR HOLES AND OPEN-SIDED FLOORSYou must:
Guard or cover floor openings and floor holes.
Protect open-sided floors and platforms.
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| Definition: | A floor opening is an opening in any floor, platform, pavement, or yard that measures at least twelve inches in its smallest dimension and through which a person can fall. |
| Examples of floor openings are: |
| Hatchways | |
| Stair or ladder openings | |
| Pits | |
| Large manholes. | |
| The following are not considered floor openings: | |
| Openings occupied by elevators | |
| Dumbwaiters | |
| Conveyors | |
| Machinery | |
| Containers | |
| A floor hole is an opening in any floor, platform, pavement, or yard that measures at least one inch but less than twelve inches at its smallest dimension and through which materials and tools (but not people) can fall. | |
| Examples of floor holes are: | |
| Belt holes | |
| Pipe openings | |
| Slot openings |
(1) Guard stairway floor openings, temporary floor openings and floor holes.
Protect all stairway floor openings with a railing. The railing must protect all open sides except the stairway entrance side.
| Place illustration here. |
Protect temporary floor openings by either a railing or by a person who constantly attends the opening.
Protect exposed floor holes into which a person can accidentally walk by either:
A railing with a toeboard on all open sides or
A floor hole cover of standard strength and construction that can be hinged in place. When a floor hole cover is not in place, the hole must be protected by a removable railing or constantly attended by someone.
Provide covers for floor openings. Floor opening covers may be of any material that has a safety factor of four, or is strong enough to hold up to four times the intended load. Covers that do not project more than one inch above the floor level may be used providing all edges are beveled (slanted) to prevent tripping. All hinges, handles, bolts, or other parts of a cover must set flush with the floor or cover surface.
| Place illustration here. |
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| Place illustration here. |
You must:
(1) Guard open-sided floors and platforms.
Guard open-sided floors and platforms four feet or more above adjacent floor or ground level by a railing. The entrance to a ramp, stairway, or fixed ladder does not need a railing.
Guard open-sided floors, walkways and platforms above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units, and other similar hazards, regardless of height with a railing and toeboard.
| Note: | Where the guarding rules above do not apply because employees exposure to falls is infrequent (not on a predictable and regular basis), you must comply with the Personal Protective Equipment (PPE) rules (WAC 296-800-160) or other effective fall protection must be provided. |
| You can find the minimum requirements for standard railings of various types of construction in WAC 296-24-75011. |
(2) Make sure tools and loose materials are not left on overhead platforms and scaffolds.
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WORKPLACE STRUCTURAL INTEGRITYYou must:
Not overload floors or roofs
Make sure that floors are safe
Make sure floors can support equipment that moves or has motion
Post approved load limits (weight limits) for floors
| Note: | The introduction has important information about fire, building and electrical codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to fire, building and electrical codes" in the introduction section of this book. |
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Prohibit overloading roofs and floors of any building or other structure with more weight than is approved by the building official.
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Make sure that floors including their parts and structural members are safe.
Make sure floors are of substantial construction and kept in good repair. This includes floors of:
Buildings
Platforms
Walks and driveways
Storage yards
Docks
Make sure that structures are designed, constructed, and maintained to provide a safety factor of 4 times the imposed maximum strain.
If you notice bowing, cracking, or other indications of excessive strain on a structure, you must take action to make sure it is safe.
| Note: | This rule applies to all buildings or those that have had complete or major changes or repairs built after 5/7/74. |
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Make sure flooring of buildings, ramps, docks, trestles and other fixed structures that supports equipment that moves or has motion such as vibration, must not be less than two and one-half inch material.
| Note: | Where flooring is covered by steel floor plates, 2-inch material may be used. |
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Post approved load limits (weight limits) for floors used for mercantile, business, industrial or storage purposes in an obvious place.
The owner, or owner's agent, of a building (or other part of a workplace) must post the load approved by the building official by:
Supplying and affixing a durable metal sign that is marked with the approved load.
Placing the metal sign in an obvious spot in the space to which it applies.
Replacing the metal sign if it is lost, defaced, damaged, or removed.
| Note: | This rule applies to the floor that supports shelving, but not to the shelves themselves. |
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BASIC ELECTRICAL RULESYou must:
Inspect all electrical equipment your employees use to make sure the equipment is safe.
Make sure all electrical equipment is used for its approved or listed purpose.
Make sure electrical equipment used or located in wet or damp locations is designed for such use.
Make sure electrical equipment that is not marked by the manufacturer cannot be used.
Identify disconnecting means.
Maintain electrical fittings, boxes, cabinets, and outlets in good condition.
Maintain all flexible cords and cables in good condition and use safely.
Guard electrical equipment to prevent your employees from electrical hazards.
Make sure electrical equipment is effectively grounded.
Make sure electrical equipment has overcurrent protection.
Your responsibility: To protect your employees from hazards when working with electrical equipment, tools, and appliances.
| Note: | The introduction has important information about fire, building and electrical codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to fire, building and electrical codes" in the introduction section of this book. |
| These rules guide how electrical equipment is used and maintained in your workplace. They should not be used in place of your local electrical codes if you are installing electrical wiring, electrical circuits or electrical distribution equipment. | |
| This rule applies to 600 volts or less. Requirements for specific equipment or special installation are found in chapter 296-24 WAC, Part L. |
| Exemptions: | These rules apply to all electrical equipment used in the workplace, except for: |
| Electrical installations and equipment on ships, aircraft and all automotive vehicles other than mobile homes and recreational vehicles; | |
| Electrical installations and equipment used to generate, transmit, transform or distribute power exclusively for operation of rolling stock; | |
| Electrical installations used exclusively for signaling and communicating with rolling stock; | |
| Installations underground in mines; | |
| Installations of communication equipment located outdoors or inside buildings used and controlled exclusively by communication utilities; | |
| Installations controlled and used exclusively by electric utilities for communication or metering; or | |
| For generating, controlling, transforming, transmitting and distributing electric energy in buildings used exclusively by the company located: | |
| ♦ Outdoors on property owned or leased by the utility; or | |
| ♦ On public highways, streets and roads; or | |
| ♦ Outdoors by established rights on private property. |
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Inspect electrical equipment to make sure there are no recognized hazards likely to cause your employees' death or serious physical harm. Determine the safety of the equipment by using the following list:
Has been approved or listed by a recognized testing laboratory, such as Underwriters Laboratories (UL) or other approving agency.
Is approved, or listed as approved, for the purpose it is being used.
Has strong and durable guards providing adequate protection including parts designed to enclose and protect other equipment.
Is insulated.
Will not overheat under conditions of use.
Will not produce arcs during normal use.
Is classified by:
♦ Type.
♦ Size.
♦ Voltage.
♦ Current capacity.
♦ Specific use.
♦ Other factors.
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| Definitions: | Electrical outlets are places on an electric circuit where power is supplied to equipment through receptacles, sockets and outlets for attachment plugs. |
| Receptacles are outlets that accept a plug to supply electric power to equipment through a cord or cable. |
Make sure electrical outlets are rated equal or greater to the electrical load supplied.
Make sure the proper mating configuration exists when connecting the attachment plug to a receptacle.
Make sure when electrical outlets, cord connectors, and receptacles are joined, they accept the attachment plug with the same voltage or current rating.
| Place illustration here. |
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Make sure fixtures and receptacles located in wet or damp locations are approved for such use. They must be constructed or installed so that water cannot enter or accumulate in wireways, lampholders, or other electrical parts.
Make sure cabinets, fittings, boxes, and other enclosures in wet or damp locations are installed to prevent moisture or water from entering and accumulating inside.
In wet locations these enclosures must be weatherproof.
Switches, circuit breakers, and switchboards located in wet locations must be in weatherproof enclosures.
| Place illustration here. |
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Make sure markings are durable and appropriate to the environment.
Appropriate markings include:
The manufacturer's name.
or
Trademark.
or
The organization responsible for the product.
and
Voltage, current and wattage or other ratings as necessary.
| Place illustration here. |
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Make sure the disconnect means (such as on/off switches and circuit breakers) is marked to show when it is open and closed and what equipment it controls, unless located and arranged so the purpose is obvious.
Make sure each service, feeder and branch circuit is marked, at its disconnecting means or overcurrent device, to show when the circuit is open and closed and what circuit it controls, unless located and arranged so the purpose is obvious.
Make sure markings are durable and appropriate to the environment.
| Place illustration here. |
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(1) Do the following to covers and openings:
Do the following when conductors enter boxes, cabinets, or fittings:
Protect the conductor (wires) from abrasion.
Effectively close the openings where conductors enter.
Effectively close all unused openings.
Provide pull boxes, junction boxes, and fittings with covers approved for the purpose.
Make sure each outlet box has a cover, faceplate, or fixture canopy in completed installations.
Make sure covers for outlet boxes with openings for flexible cord pendants have bushings to protect the cord, or have a smooth and well rounded surface where the cord touches the opening.
Ground metal covers.
(2) Make sure the area in front of electrical panels, circuit breaker boxes and similar equipment which operates at 600 volts or less:
Has sufficient working area at least thirty inches wide for operation and maintenance of the equipment.
Is kept clear and free of stored materials so that employees can access this equipment for servicing, adjustments or maintenance.
Has at least one access route to provide free and unobstructed access.
Has at least three feet of working space in front, measured from the exposed live parts or the enclosure front. (See the work clearance table below.)
Has adequate indoor lighting.
Has at least six feet three inches of headroom.
This table shows the area you must keep clear depending on the layout of the electrical equipment.
Work Clearance Table
| Conditions* | 0 - 150 volts to ground | 151 - 600 volts to ground |
| A | 3 ft. | 3 ft. |
| B | 3 ft. | 3 1/2 ft. |
| C | 3 ft. | 4 ft. |
| Minimum clear distances may be 2 feet 6 inches for equipment built or installed before 3/20/82. | |
| Conditions A, B, and C are as follows: | |
| A= | Exposed live parts on one side and no live or grounded parts on the other side of the working space, or exposed live parts on both sides effectively guarded by suitable wood or other insulating material. Insulated wire or insulated bus bars operating at not over 300 volts are not considered live parts. |
| B= | Exposed live parts on one side and grounded parts on the other side. |
| C= | Exposed live parts on both sides of the workspace (not guarded as provided in condition (a) with the operator between the panels). |
| Place illustration here. |
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| Exemption: | These rules do not apply to cords and cables that are an internal part of factory assembled appliances and equipment, like the windings on motors or wiring inside electrical panels. |
| Note: | Flexible cords and cables are typically used to connect electrical equipment to a power source. These cords can have an electrical plug to connect to a power source or can be permanently wired into the power source. The terms flexible cords, extension cord, cables and electrical cords all refer to a type of flexible cord. |
(1) Perform visual inspections.
On portable cord- and plug-connected equipment and extension cords before use on each work shift. Defects and damage to look for include:
Loose parts.
Deformed or missing pins.
External defects and damage.
Damage to the outer covering or insulation.
Pinched or crushed covering or insulation that might indicate internal damage.
| EXEMPTION: | You do not need to visually inspect portable cord- and plug-connected equipment and extension cords that stay connected once in place and are not exposed to damage until they are moved. |
And remove from service any defective or damaged cord until repaired and tested.
Make sure flexible cords and cables are used as described.
(2) Use.
Use flexible cords only as follows:
Wiring of equipment and appliances.
Data processing cables approved as a part of the data processing system.
Pendants.
Wiring for fixtures.
Connecting portable lamps or appliances to an approved outlet with an attachment plug.
Connecting stationary equipment that is frequently changed with an attachment plug energized from an approved outlet.
Preventing noise or vibration transmission.
Appliances that have been designed to permit removal for maintenance and repair if the appliance is equipped with an attachment plug energized from an approved outlet.
Elevator cables.
Wiring of cranes and hoists.
Common Acceptable Uses of Flexible Cords
| Place illustration here. |
| Note: | Extension cords (flexible cord sets) may be used on a temporary basis if you follow the rules described in the temporary use section, WAC 296-800-28030(3). |
Not use flexible cords in the following ways:
As a substitute for fixed wiring of a structure.
To run through holes in walls, ceilings, or floors.
To run through doorways, windows, or similar openings.
To attach to building surfaces.
To conceal behind building walls, ceilings, or floors.
To raise or lower equipment.
Make sure flexible cords and cables are approved and suitable for:
The way they will be used.
The location where they will be used.
Not fasten or hang cords and equipment in any way that could cause damage to the outer jacket or insulation of the cord.
Make sure insulation on flexible cords and cables is intact.
Make sure flexible cords and electrical cords are:
Connected to devices and fittings so that any pulling force on the cord is prevented from being directly transmitted to joints or terminal screws on the plug.
Used only in continuous lengths without splice* or tap. Prohibit your employees from using wet hands to plug or unplug equipment or extension cords if the equipment is energized.
| *Note: | Hard service flexible cords No. 12 or larger may be repaired or spliced if the insulation, outer sheath properties, and use characteristics of the cord are retained. |
(3) Provide the following for temporary use.
Make sure temporary electrical power and lighting installations that operate at 600 volts or less are used only:
During and for remodeling, maintenance, repair or demolition of buildings and similar activities.
Experimental or developmental work.
For no more than ninety days for:
♦ Christmas decorative lighting.
♦ Carnivals.
♦ Other similar purposes.
Make sure flexible cords and electrical cords used on a temporary basis are protected from accidental damage:
By avoiding sharp corners and projections
If they pass through doorways or other pinchpoints.
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(1) Guard live parts of electric equipment operating at 50 volts or more against accidental contact by any of the following means:
By approved cabinets or other forms of approved enclosures.
By location in a room, vault, or similar enclosure that is accessible only to employees qualified to work on the equipment. Entrances to rooms and other guarded locations containing exposed live parts must be marked with conspicuous warning signs forbidding unqualified persons to enter.
By permanent, substantial partitions or screens so that only employees qualified to work on the equipment will have access within reach of the live parts. Any openings must prevent accidental contact with live parts by employees or objects employees carry.
By location on a balcony, gallery, or platform that will exclude unqualified persons.
By being located eight feet or more above the floor or other working surface.
(2) Make sure all electrical appliances, fixtures, lampholders, lamps, rosettes, and receptacles do not have live parts normally exposed to employee contact.
Rosettes and cleat type lampholders at least 8 feet above the ground may have exposed parts.
(3) In locations where electric equipment would be exposed to physical damage, enclosures or guards must be so arranged and of such strength as to prevent such damage.
Live Parts Guarded by Distance
| Place illustration here. |
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Make sure the path to ground from circuits, equipment, and enclosures is permanent and continuous.
Make sure equipment connected by cord and plug is grounded under these conditions:
Equipment with exposed noncurrent carrying metal parts.
Cord and plug connected equipment which may become energized.
Equipment that operates at over 150 volts to ground.
| Exemption: | Except for guarded motors and metal frames of electrically heated appliances, if the appliance frames are permanently and effectively insulated from ground. |
Ground the following type of equipment:
Hand-held motor-operated tools.
Refrigerators.
Freezers.
Air conditioners.
Clothes washers and dryers.
Dishwashers.
Electrical aquarium equipment.
Hedge clippers.
Electric lawn mowers.
Electric snow blowers.
Wet scrubbers.
Tools likely to be used in damp or wet locations.
Appliances used by employees standing on the ground, on metal floors or working inside of metal tanks or boilers.
Portable hand lamps.
| Note: | Grounding can be achieved by: Using tools and appliances equipped with an equipment grounding conductor (three-prong plug and grounded electrical system). |
| Place illustration here. |
You must:
Make sure exposed metal parts of fixed equipment that do not conduct electricity, but may become energized, are grounded if the equipment is in a wet or damp location and is not isolated.
Make sure ground wires are identified and look different than the other conductors (wires).
Make sure ground wires are not attached to any terminal or lead to reverse polarity of the electrical outlet or receptacle.
Make sure grounding terminals or grounding-type devices on receptacles, cords, connectors, or attachments plugs are not used for purposes other than grounding.
| Place illustration here. |
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Make sure all electrical circuits that are rated at 600 volts or less have overcurrent protection.
Protect conductors and equipment according to their ability to safely conduct electrical current.
Make sure overcurrent devices do not interrupt the continuity of grounded conductors unless:
All conductors are opened at the same time or
You are using the overcurrent devices to protect from overload when running motors
You protect employees from electrical arcing or suddenly moving electrical parts by locating fuses and circuit breakers in safe places. If this is not possible, install shields on fuses and circuit breakers.
Make sure the following fuses and thermo cutouts have disconnecting mechanisms:
All cartridge fuses accessible to nonqualified persons
All fuses on circuits over 150 volts to ground
All thermal cutouts on circuits over 150 volts to ground.
The disconnecting mechanisms must be installed so you can disconnect the fuses or thermal cutouts without disrupting service to equipment and circuits unrelated to those protected by the overcurrent device.
Provide easy access to overcurrent devices for each employee or authorized building management personnel.
Protect the overcurrent devices by locating them away from easily ignitable material.
They must be placed to avoid exposure to physical damage.
Make sure circuit breakers:
Clearly indicate when they are open (off) and closed (on)
That operate vertically are installed so the handle is in the "up" position when the breaker is closed (on). See WAC 296-24-95603 (2)(c) for more information
Used as switches in 120-volt, fluorescent lighting circuit must be approved for that purpose and marked "SWD." See WAC 296-24-95603 (2)(c) for more information.
That have arcing or suddenly moving parts, are shielded or located so employees will not get burned or injured by the operation of the circuit breaker
♦ Fuses must also be shielded in this way
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PORTABLE LADDERS: METAL AND WOODENPortable metal ladders.
You must:
Inspect your portable metal ladders periodically.
Make sure your portable metal ladders are kept in good condition.
Use your portable metal ladders safely.
Portable wooden ladders.
You must:
Inspect your portable wooden ladders frequently.
Make sure your portable wooden ladders are kept in a good condition.
Use your portable wooden ladders safely and for their intended purpose.
Safely use a portable wooden ladder when working more than 25 feet above ground.
Use wooden stepladders safely.
| Exemption: | These rules apply to common types of portable wooden ladders except: |
| Fruit picker ladders | |
| Industrial tripod ladders | |
| Combination step and extension ladders | |
| Stockroom step ladders | |
| Aisle way step ladders | |
| Shelf ladders | |
| Library ladders | |
| Other special ladders |
| Note: | For design and construction requirements for wood and metal ladders, see WAC 296-24-780 and 296-24-79503 of the General safety and health standard. |
| There are different types of ladders. Be sure to use one that is capable of handling the combined weight of the climber and the load being carried (working load). |
| Type | Duty Rating | Working Load |
| IAA | Industrial | Special duty -- 375 lbs. maximum |
| IA | Industrial | Extra heavy -- 300 lbs. maximum |
| I | Industrial | Heavy -- 250 lbs. maximum |
| II | Commercial | Medium -- 225 lbs. maximum |
| III | Household | Light -- 200 lbs. maximum |
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PORTABLE METAL LADDERSImmediately inspect a ladder if it:
Tips over.
Is exposed to oil or grease.
Is exposed to excessive heat as in the case of fire.
Is subjected to certain acids or alkali solutions.
If it tips over, look at:
The rails for dents, bends or dented rungs.
All the rungs to side rail connections.
The hardware connections.
Rivets for shear damage.
Inspect the cables and ropes on portable metal ladders and replace them if they are defective
Check hardware fittings and accessories frequently and keep them in good condition
Mark defective ladders and take them out of service until repaired by a maintenance department or the manufacturer.
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Maintain your portable metal ladders in good, usable condition, at all times.
Handle portable metal ladders with care and avoid dropping, jarring, or misusing them.
Store your portable metal ladders on racks designed to protect them when not in use. The racks must have enough supporting points to prevent any possibility of excessive sagging.
Properly support your ladder while transporting on vehicles. To prevent chafing and the effects of road shock, use supports that are made of material softer than the metal ladder, such as hardwood or rubber-covered iron pipe.
| Note: | Tying the ladder to each support point will greatly reduce damage due to road shock. |
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(1) Use metal ladders only for their intended purpose.
(2) Make sure the base section of the portable metal ladder has secure footing.
Examples of Securing the Ladder Base
| Place illustration here. |
(3) Make sure both rails are supported at the top, unless the ladder has a single support attachment.
Examples of Securing the Ladder at the Top
| Place illustration here. |
(4) Make sure while climbing portable metal ladders, you:
Have both hands free to hold on to the ladder.
Face the ladder when you are climbing up or down.
(5) Not tie or fasten ladder sections together to make longer ladders (unless the ladder manufacturer endorses this type of use, and you have hardware fittings specifically for this use).
(6) Make sure a nonself-supporting portable ladder is set at a safe angle. The proper angle is to place the base a distance from the vertical wall equal to one-fourth the working length of the ladder.
| Note: | Safe ladder angle. A simple rule for setting up a ladder at the proper angle is to place the base a distance from the wall, equal to 1/4 the working length of the ladder. For example, if your ladder is 16 feet long, set the bottom of the ladder 4 feet away from the wall. |
| Place illustration here. |
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PORTABLE WOODEN LADDERS
NEW SECTION
WAC 296-800-29020
Inspect your portable wooden ladders
frequently.
You must:
Make sure ladders with defects are:
Withdrawn from service to be repaired or destroyed
Tagged as "dangerous do not use."
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Make sure your portable wooden ladders are maintained in good condition, and:
Joints between the steps or rungs and side rails are tight
Hardware and fittings are securely attached
Moveable parts operate freely without binding or excessive play
Metal bearings are lubricated frequently
Frayed or badly worn ropes is replaced
Safety feet and other auxiliary equipment are kept in good condition
Not use portable wooden ladders with:
Broken or missing steps
Broken or missing rungs or cleats
Broken side rails
Other faulty equipment
Not make improvised repairs on your portable wooden ladders.
Not store your portable wooden ladders near sources of heat, moisture, or dampness.
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(1) Use the appropriate length of ladder.
Use single ladders less than or equal to 30 feet long.
Use 2-section extension ladders less than or equal to 60 feet long.
(2) Make sure ladders meet the following rules:
Shorter sections cannot be spliced to make longer sections.
Ladders can be made by fastening cleats across a single rail.
(3) Use ladders safely.
Make sure ladders are not used as guys, braces, or skids.
Putting ladders on boxes, barrels or other unstable bases to make the ladder taller is not allowed.
Make sure ladders are not used in a horizontal position.
(4) Make sure that rung and cleat ladders are set up at a safe angle. (See note and illustration on safe ladder angle in WAC 296-800-29015.)
(5) Make sure that where the top of the ladder rests is reasonably rigid and strong enough to support the load.
(6) Place the bottom of a portable wooden ladder so it will not slip, or the bottom must be tied or held in position.
(7) Not place a portable wooden ladder in front of doors that open towards the ladder, UNLESS YOU:
Block the door open, or
Lock the door, or
Guard the door to keep it from opening into the ladder
(8) Make sure 2-section extension ladders overlap as follows:
| Length of section of extension ladders (feet) | Minimum overlap allowed (feet) |
| Less than 36 | 3 |
| 37-48 | 4 |
| 49-60 | 5 |
(10) Not place ladders in elevator shafts and hoistways, except where used by workers assigned to that type of work.
Employees must be protected from falling objects, when assigned to work on ladders in elevator shafts and hoistways.
(11) Not support more than one section of plank per ladder rung.
Do not allow more than 2 persons on one section of planking at a time.
(12) Brace the ladder to reduce the spring caused by weight on the ladder.
(13) Keep shoes free and clean of greasy and slippery substances when climbing.
(14) Have both hands free to hold on to the ladder when climbing.
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(1) Secure the ladder at the top and bottom.
(2) Not perform work that requires the use of both hands unless wearing a safety belt and lanyard secured to the ladder.
(3) Not perform work requiring eye protection, respirators and/or pressure equipment if thirty feet above the ground.
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(1) Use stepladders that are less than twenty feet.
(2) Not climb on the bracing or the back legs.
(3) Not use as single ladders.
(4) Not stand on a step higher than the third step from the top, if working five feet or higher from the ground.
(5) Not use the tops of stepladders as steps.
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PORTABLE FIRE EXTINGUISHERSThe following WISHA rule applies to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees. Your local fire marshall also enforces fire codes which address fire safety that are more comprehensive and may go beyond WISHA rules.
| Note: | The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire and electrical codes" in the introduction section of this book. |
To provide readily accessible, appropriate portable fire extinguishers for employees in your workplace
You must:
Provide portable fire extinguishers in your workplace
Select and distribute portable fire extinguishers in your workplace
Make sure that portable fire extinguishers are kept fully charged, in good operating condition, and left in their designated places
Inspect and test all portable fire extinguishers
Train your employees to use portable fire extinguishers
Exemptions:
You are exempt from the requirements of portable fire extinguishers if you have the following:
You have:
A written fire safety policy that requires the immediate and total evacuation of employees from the workplace when there is a fire alarm signal,
AND
An emergency action plan and a fire prevention plan which meet the requirements of WAC 296-24-567
AND
Portable fire extinguishers in your workplace that are not accessible for employee use
If another WISHA rule requires portable fire extinguishers, then you must comply with these requirements.
Where extinguishers are provided but are not intended for employee use and you have an emergency action plan and a fire prevention plan (which meet the requirements of WAC 296-24-567), then only the requirements of WAC 296-800-30020 apply.
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(1) Provide approved portable fire extinguishers for your workplace and distribute them so they are readily accessible
Make sure that your portable fire extinguisher does not use extinguishing agents such as carbon tetrachloride or chlorobromomethane extinguishing agents. In addition, soda-acid foam, loaded stream, anti-freeze and water extinguishers of the inverting type shall not be recharged or placed into service.
(2) Mount, locate, and identify portable fire extinguishers so employees can easily reach them, without being subjected to possible injury.
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This does not apply to the portable fire extinguishers provided for employees to use outside of workplace buildings or structures.
You are exempt from the distribution requirements of this rule if you have an emergency action plan (that meets requirements of WAC 296-24-567):
Which designates certain employees to be the only employees authorized to use the available portable fire extinguishers; and
Requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm
You must:
Provide the correct type of portable fire extinguishers and distribute them in your workplace, depending on the type, size, and severity of fire that could occur
The type of portable fire extinguishers you must have in your workplace depends on the types of fire hazards that exist in your workplace
Fire Extinguisher Distance Table
| Type of fire hazard | Maximum distance from the fire hazard to a fire extinguisher |
| Type of fire hazard Wood, cloth, paper, rubber (Class A fire hazards) | No more than 75 feet (22.9 m) Note: You may use uniformly spaced standpipe systems or hose stations instead of Class A portable fire extinguishers, if they meet the requirements of WAC 296-24-602 or 296-24-607. |
| Liquids, grease, gases (Class B fire hazards) | No more than 50 feet (15.2 m) Note: You may choose to use a smaller fire extinguisher in lieu of that required for the 50 foot distance. If you do choose to have the smaller fire extinguisher, the travel distance must not be greater than 30 feet. See UFC Standard 10 Chapter 3 for the basic minimum extinguisher rating allowed. |
| Live electrical using equipment and circuits (Class C fire hazards) | Distribute any Class C portable fire extinguishers the same pattern that you have for any Class A or Class B fire hazards. If the electrical equipment is deenergized, you may use a Class A or Class B portable fire extinguisher. |
| Powder, flakes, and residue from combustible metals, like magnesium and titanium, that build up over a 2-week period (Class D fire hazards) | No more than 75 feet (22.9 m) |
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Make sure that fire extinguishers found with deficiencies are removed from service and replaced with a suitable fire extinguisher.
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Perform inspections:
Make sure that portable fire extinguishers or hose systems (used instead of fire extinguishers) are visually inspected monthly
Perform maintenance checks:
Make sure that all portable fire extinguishers are subjected to an annual maintenance check
Keep records of all annual maintenance checks and make available to the department upon request:
♦ For 1 year after the last maintenance check;
OR
♦ For the life of the shell, whichever is less
Make sure that equal protection is provided when portable fire extinguishers are removed from service for maintenance and recharging
Exemption: Most stored pressure extinguishers do not require an internal examination. Examples of those that do require an internal examination are those containing a loaded stream agent.
You must:
Perform hydrostatic testing:
Exemption:
Dry chemical extinguishers that have nonrefillable disposable containers are exempt from this requirement.
Manually pressurized pumptanks are exempt from this requirement.
You must:
Make sure that portable extinguishers are hydrostatically tested:
At the intervals listed in Table 1 page 300-7
Whenever they show evidence of corrosion or mechanical injury
Not perform hydrostatic testing on fire extinguishers if: The unit has been repaired by soldering, welding, brazing, or use of patching compounds
The cylinder or shell threads are damaged
Corrosion has caused pitting, including corrosion under removable name plate assemblies
The extinguisher has been burned in a fire
Calcium chloride extinguishing agents have been used in a stainless steel shell
| Note: | Specific rules regarding conducting hydrostatic tests are covered in WAC 296-24-59212. |
Maintain records showing that hydrostatic testing has been performed. Provide the following evidence to the department upon request:
Date of test
Test pressure used
The serial number, or other identifier of the fire extinguisher that was tested
Person or agency performing the test
Keep records until:
The extinguisher is retested;
OR
The extinguisher is taken out of service, whichever comes first
Empty and maintain stored-pressure dry chemical extinguishers requiring a 12-year hydrostatic test, every six years:
When recharging or hydrostatic testing is performed, the 6-year requirement begins from that date
Hydrostatic Test Table
| Type of Extinguisher | Test Interval (Years) |
| Stored pressure water and/or antifreeze | 5 |
| Wetting agent | 5 |
| Foam (stainless steel shell) | 5 |
| Aqueous film forming form (AFFF) | 5 |
| Loaded stream | 5 |
| Dry chemical with stainless steel | 5 |
| Carbon dioxide | 5 |
| Dry chemical, stored pressure, with mild steel, brazed brass or aluminum shells | 12 |
| Halon 1211 | 12 |
| Halon 1301 | 12 |
| Dry powder, cartridge or cylinder operated, with mild steel shell | 12 |
| Note: Stored pressure water extinguishers with fiberglass shell (pre-1976) are prohibited from hydrostatic testing due to manufacturer's recall. | |
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Train your employees where you have provided portable fire extinguisher for their use in:
The hazards involved with incipient stage fire fighting (the early stage of a fire when it can be extinguished by a portable fire extinguisher)
The general principles of fire extinguisher use
Provide the training when they are first hired and then annually.
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EXIT ROUTES AND EMPLOYEE ALARM SYSTEMS| Exemption: | This rule does not apply to vehicles, vessels, or other mobile structures. |
| Note: | The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book. |
You must:
Provide an adequate number of exit routes.
Make sure that exit routes are large enough.
Make sure that exit routes meet their specific design and construction requirements.
Make sure that each exit route leads outside.
Provide unobstructed access to exit routes.
Exit doors must be readily opened from the inside.
Use side-hinged doors to connect rooms to exit routes.
Provide outdoor exit routes that meet requirements.
Minimize danger to employees while they are using emergency exit routes.
Mark exits adequately.
Provide adequate lighting for exit routes and signs.
Maintain the fire retardant properties of paints or other coatings.
Maintain emergency safeguards.
Maintain exit routes during construction and repair.
Provide doors in freezer or refrigerated rooms that open from the inside.
Employee alarm systems:
You must:
Install and maintain an appropriate employee alarm system.
Establish procedures for sounding emergency alarms.
Test the employee alarm system.
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EXIT ROUTESProvide a minimum of two exit routes to provide different ways for employees to leave the workplace safely during an emergency (at least two of the exit routes must be remote from one another so employees can safely exit if one exit route becomes blocked or unavailable).
Provide an adequate number (at least two) of exit routes, considering the kind, number, location and capacity, appropriate to each building according to the following conditions:
Number of employees
Size of building
Arrangement of workplace
Building occupancy
| Note: | A single exit route is permitted where the number of employees, the size of the building, its occupancy, or the arrangement of the workplace indicates that a single exit will allow all employees to exit safely during an emergency. Other means of escape, such as fire exits or accessible windows, should be available where only one exit route is provided. |
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Make sure each exit route is large enough to accommodate the maximum-permitted occupant load for each floor served by the route.
Make sure the capacity of an exit route does not decrease at any point.
Make sure an exit route is at least 6 feet 8 inches high at all points.
Make sure objects that stick out into the exit route, such as fans hanging from the ceilings or cabinets on walls, do not reduce the minimum height and width of the exit route.
Make sure exit routes are at least 28 inches wide at all pints between any handrails.
If necessary, routes must be wider than 28 inches to accommodate the expected occupant load.
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Make sure each exit is a permanent part of the workplace.
Make sure an exit route has only those openings necessary to permit access to, or exit from, occupied areas of the workplace.
Make sure any opening into an exit through a fire wall is protected by a self-closing fire door that remains closed.
Make sure each fire door, its frame, and its hardware is listed or approved by a nationally recognized testing laboratory.
Make sure construction materials, used to separate an exit route, have at least:
One-hour fire resistance rating if the exit connects three stories or less.
Two-hour fire resistance rating if the exit connects four stories or more.
Make sure employees are provided with stairs or a ramp, if the exit route is not substantially level.
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Make sure that building exit routes lead:
Directly outside or to a street, walkway; or to an open space with access to the outside.
To streets, walkways, or open spaces large enough to accommodate all building occupants likely to use the exit.
Make sure the exit routes clearly show the route employees use to leave the building in an emergency.
Install a standard safeguard with a warning sign, if a doorway or corner of a building could allow an employee to walk in front of an engine or trolley.
Use doors, partitions, or other effective means to show employees the correct route out of the building, if the stairs in your exit route lead anywhere but out of the building.
| Note: | If the stairs in your exit route lead past the exit to the basement, you might install a gate at the point they lead towards that basement. The gate could help your employees stay on the exit route taking them out of the building. |
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(1) Provide exit routes that are always free of obstructions so all employees can safely exit the building during an emergency.
(2) Make sure employees are not required to travel to a dead end or through a room that can be locked, such as a restroom.
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| Exemption: | An exit door may be locked or blocked from the inside in a mental, penal, or correctional institution, if supervisory personnel are continuously on duty and a plan exists to remove employees and inmates during an emergency. |
Make sure all exit doors readily open from the inside without keys, tools, or special knowledge. A device that locks only from the outside, such as a panic bar, is permitted. An exit door must be free of any device or alarm that could restrict emergency use of an exit if the device or alarm fails.
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Use a side-hinged exit door to connect any room to an exit route. The door must swing out when the room:
Is occupied by more than fifty persons; or
Contains highly flammable or explosive materials.
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Make sure an outdoor exit route (such as an interior balcony, porch, gallery, or roof) meets all requirements for an indoor exit route. In addition, an outdoor exit route must also:
Have guardrails to protect unenclosed sides.
Be covered if snow or ice is likely to accumulate without regular removal.
Be reasonably straight with smooth, solid, substantially level floors.
Have no dead ends more than twenty feet long that branch off of the exit route.
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Maintain each exit route to minimize danger to employees during an emergency.
Keep each exit route free of explosive or highly flammable furnishings and decorations.
Not require employees to travel toward areas where high hazard materials are stored, unless the route is protected by partitions or physical barriers. High hazard materials are materials that:
Burn quickly
Emit poisonous fumes when burned
Are explosive
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Mark each exit with a clearly visible, distinctive sign reading "exit."
Mark any doorway or passage that might be mistaken for an exit with "not an exit" or with an indication of its actual use.
Make sure exit signs are a distinctive color.
Make sure signs are posted and arranged along exit routes to adequately show how to get to the nearest exit and clearly indicate the direction of travel.
Not obstruct or conceal exit signs in any way.
Keep exit doors free of signs or decorations that obscure their visibility.
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Illuminate each exit route adequately and reliably.
Have at least five foot-candles illumination from a reliable light source.
Make sure any exit signs illuminated by artificial lights and made of translucent material (other than internally illuminated types)
Have screens, discs or lens of at least twenty-five square inches in size; and
Show red or other designated color on the approach side of the exit.
Make sure brightly lit signs, displays, or objects in or near the line of vision do not distract attention from the exit sign.
Make sure exit signs that are self-lighting have a minimum luminance surface value of .06 footlamberts.
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Maintain any paints or other coatings with fire retardant properties so they retain their fire retardant properties.
[]
Maintain each safeguard in proper working order to protect employees during an emergency. Emergency safeguards include items such as:
Sprinkler systems.
Alarm systems.
Fire doors.
Exit lighting.
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Have enough exit routes that comply with these rules before letting your employees occupy a workplace under new construction.
Make sure that employees do not occupy an existing workplace unless:
All exits and existing fire protection are maintained; or
Alternate fire protection is provided that ensures an equivalent level of safety.
Make sure that flammable or explosive materials used during construction or repair do not expose employees to additional hazards or prevent emergency escape.
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Make sure that walk-in refrigerators or freezer rooms have doors with opening devices allowing them to be opened from the inside even when they are locked from the outside.
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| Exemptions: | If you have ten or fewer employees in a particular workplace, you can use direct voice communication to sound the alarm, if all employees can hear it. For this kind of workplace, you do not need a back-up system. |
| In workplaces where employees would not otherwise be able to recognize audible or visible alarms, you can use tactile devices to alert them. |
Make sure that a working employee alarm system with a distinctive signal to warn employees of fire or other emergencies is installed and maintained, unless employees can see or smell a fire or other hazard.
Make sure that the following systems meet the requirements of this rule, if you use them as your employee alarm system:
Supervisory alarms
Discharge alarms
Detection systems required on fixed extinguishing systems
Detection systems required on fire suppression systems
Make sure that your employee alarm systems are:
Providing enough warning to allow employees to safely escape from the workplace, the immediate work area, or both.
Noticeable above surrounding noise or light levels by all employees in the affected portions of the workplace.
Distinctive and recognizable as a signal, to evacuate the work area.
Restored to working order as soon as possible, after each test or alarm.
Supervised, if installed after July 1, 1982, and if it has that capacity.
Able to alert assigned personnel whenever a malfunction exists in the system.
Adequately warning employees of emergencies.
Serviced, maintained, and tested by a person trained in the alarm system's design and functions to keep the system operating reliably and safely.
In working order, except when undergoing repairs or maintenance.
Warning employees of fire or other emergencies with a distinctive signal, if they are not able to see or smell a fire or other hazard.
Manual actuation devices that, if provided, are unobstructed, easy to find, and readily accessible.
Using alarm devices, components, combinations of devices, or systems with approved construction and installation. This applies to steam whistles, air horns, strobe lights, or similar lighting devices, as well as tactile devices.
Supplied with spare alarm devices available to restore the system promptly if a component breaks, is worn, or destroyed.
Kept in full operating condition by maintaining and replacing power supplies as often as necessary.
Supplied with a back-up means of alarm, such as employee runners or telephones, when regular systems are out of service.
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Explain to each employee how to sound the alert for emergencies. Methods of reporting emergencies can include:
Manual pull box alarms.
Public address systems.
Radio.
Telephones.
Post emergency numbers near telephones, employee notice boards, or other conspicuous locations, if you use telephones to report emergencies.
Require that all emergency messages have priority over all nonemergency messages if the communication system also serves as an employee alarm system.
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Test the reliability and adequacy of your employee alarm system every two months.
Use a different activation device in each test of a multiactuation device system, so the entire alarm system gets tested.
Make sure that supervised (monitored) employee alarm systems are tested at least once a year for reliability and adequacy.
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ACCIDENT REPORTING AND INVESTIGATINGTo report and conduct an investigation of certain types of accidents.
| Note: | Call the nearest office of the department of labor and industries at 1-800-4BE SAFE or call OSHA (Occupational Safety and Health Administration) at 1-800-321-6742, to report the death, probable death of nay employee or the in-patient hospitalization of 2 or more employees within 8 hours, after handling medical emergencies. |
Report the death, or probable death, of any employee, or the in-patient hospitalization of 2 or more employees within 8 hours
Make sure that any equipment involved in an accident is not moved.
Assign people to assist the department of labor and industries
Conduct a preliminary investigation for all serious injuries
Document the investigation findings
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Contact the nearest office of the department of labor and industries in person or by phone at 1-800-4BE SAFE to report, within 8 hours of the work-related incident or accident,
A death
A probable death
2 or more employees are admitted to the hospital, or
Contact the Occupational Safety and Health Administration (OSHA) by calling its central number at 1-800-321-6742.
Provide the following information within 30 days concerning any accident involving a fatality or hospitalization of 2 or more employees:
Name of the work place
Location of the incident
Time and date of the incident
Number of fatalities or hospitalized employees
Contact person
Phone number
Brief description of the incident
| Note: | If you do not learn about the incident at the time it occurs, you must report the incident within 8 hours of the time it was reported to you, your agent, or employee. |
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Not move equipment involved in a work or work related accident or incident if any of the following results:
A death
A probable death
2 or more employees are sent to the hospital
Not move the equipment until a representative of the department of labor and industries investigates the incident and releases the equipment unless:
Moving the equipment is necessary to:
♦ Remove any victims
♦ Prevent further incidents and injuries
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Assign witnesses and other employees to assist department of labor and industries personnel who arrive at the scene to investigate the incident involving:
A death
Probable death
2 or more employees are sent to the hospital.
Include:
The immediate supervisor
Employees who were witnesses to the incident
Other employees the investigator feels are necessary to complete the investigation
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Make sure your preliminary investigation is conducted to evaluate the facts relating to the cause of the incident by the following people:
A person designated by the employer
The immediate supervisor of the injured employee
Witnesses
An employee representative, such as a shop steward or other person chosen by the employees to represent them
Any other person who has the experience and skills.
If the employee representative is the business agent of the employee bargaining unit and is unavailable to participate without delaying the investigation group, you may proceed, by using one of the following:
The shop steward
An employee representative member of your safety committee
A person selected by all employees to represent them
| Note: | A preliminary investigation includes noting information such as the following: |
| Where did the accident or incident occur? | |
| What time did it occur? | |
| What people were present? | |
| What was the employee doing at the time of the accident or incident? | |
| What happened during the accident or incident? |
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Document the investigation findings for reference following any formal investigation.
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RELEASING ACCIDENT INVESTIGATION REPORTSKeep accident investigations and related reports confidential.
Not freely release results of accident investigations and related reports that are confidential.
Make available accident investigation reports, without the need of a court order, only to the following:
Injured workers, their legal representatives, or their labor organization representatives.
The legal representative or labor organization representative of a deceased worker.
The employer of any injured or deceased worker.
Any other employer or person whose actions or business operations are the subject of the report or investigation.
Any attorney representing a party in any pending legal action in which an investigative report constitutes material and relevant evidence.
Employees of governmental agencies in the performance of their official duties.
Any beneficiary of a deceased worker actually receiving benefits under the terms of Title 51 RCW, the Industrial Insurance Act.
| Note: | The records officer may provide accident investigation reports to the closest surviving member of the deceased worker's immediate family. |
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PROTECTING THE IDENTITY OF THE SOURCE OF CONFIDENTIAL INFORMATIONNot reveal the source of information when a promise has been made to keep the identity of the source confidential.
Not disclose information that would reveal the source's identity, whenever a department file contains an investigative report or information from a source under a promise of confidentiality.
The contents of an investigative report may be withheld only to the extent necessary to conceal the identity of the source.
When information is withheld, the records officer must give a general characterization of the information withheld, but must not reveal the identity of the information's source.
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WISHA APPEALS, PENALTIES AND OTHER PROCEDURAL RULES
NEW SECTION
WAC 296-800-350
Your responsibility:
This section describes actions WISHA takes during or after inspections, and your related obligation and rights. You must follow posting requirements and notify your employees of the information listed in these rules, as indicated.
You must:
WISHA INSPECTIONS AND CITATIONS
Types of workplace inspections
WAC 296-800-35002 . . . . . . . . . . . . Page 350
Scheduling inspections
WAC 296-800-35004 . . . . . . . . . . . . Page 350
Inspection techniques
WAC 296-800-35006 . . . . . . . . . . . . Page 350
Response to complaints submitted by employees or their representatives
WAC 296-800-35008 . . . . . . . . . . . . Page 350
Citations mailed after an inspection
WAC 296-800-35010 . . . . . . . . . . . . Page 350
Employees (or their representatives) can request a citation and notice
WAC 296-800-35012 . . . . . . . . . . . . Page 350
Posting a citation and notice and employee complaint information
WAC 296-800-35016 . . . . . . . . . . . . Page 350
CIVIL PENALTIES FOR VIOLATING WISHA REQUIREMENTS
Reasons to assess civil penalties
WAC 296-800-35018 . . . . . . . . . . . . Page 350
Minimum penalties
WAC 296-800-35020 . . . . . . . . . . . . Page 350
HOW CIVIL PENALTIES ARE CALCULATED
Base penalty calculations - severity and probability
WAC 296-800-35022 . . . . . . . . . . . . Page 350
Severity rate determination
WAC 296-800-35024 . . . . . . . . . . . . Page 350
Probability rate determination
WAC 296-800-35026 . . . . . . . . . . . . Page 350
Determining the gravity of a violation
WAC 296-800-35028 . . . . . . . . . . . . Page 350
Base penalty adjustments
WAC 296-800-35030 . . . . . . . . . . . . Page 350
Types of base penalty adjustments
WAC 296-800-35032 . . . . . . . . . . . . Page 350
Maximum base penalty amount
WAC 296-800-35038 . . . . . . . . . . . . Page 350
Reasons for increasing civil penalty amounts
WAC 296-800-35040 . . . . . . . . . . . . Page 350
CERTIFY THAT VIOLATIONS HAVE BEEN ABATED
Employers must certify that violations have been abated
WAC 296-800-35042 . . . . . . . . . . . . Page 350
For willful, repeated, or serious violations, submit additional documentation
WAC 296-800-35044 . . . . . . . . . . . . Page 350
Submitting correction action plans
WAC 296-800-35046 . . . . . . . . . . . . Page 350
Submit progress reports to the department, when required
WAC 296-800-35048 . . . . . . . . . . . . Page 350
WISHA determines the date by which abatement documents must be submitted
WAC 296-800-35049 . . . . . . . . . . . . Page 350
Inform affected employees and their representatives of abatement actions you have taken
WAC 296-800-35050 . . . . . . . . . . . . Page 350
Tag cited moveable equipment to warn employees of a hazard
WAC 296-800-35052 . . . . . . . . . . . . Page 350
EQUESTING MORE TIME TO COMPLY
You can request more time to comply
WAC 296-800-35056 . . . . . . . . . . . . Page 350
WISHA's response to your request for more time
WAC 296-800-35062 . . . . . . . . . . . . Page 350
Post the department's response
WAC 296-800-35063 . . . . . . . . . . . . Page 350
A hearing can be requested about the department's response
WAC 296-800-35064 . . . . . . . . . . . . Page 350
Post the department's hearing notice
WAC 296-800-35065 . . . . . . . . . . . . Page 350
Hearing procedures
WAC 296-800-35066 . . . . . . . . . . . . Page 350
Post the hearing decision
WAC 296-800-35072 . . . . . . . . . . . . Page 350
REQUESTING AN APPEAL OF WISHA CITATIONS AND CORRECTIVE NOTICES
Employers and employees can request an appeal of a citation
and notice
WAC 296-800-35076 . . . . . . . . . . . . Page 350
Await the department's response to your appeal request
WAC 296-800-35078 . . . . . . . . . . . . Page 350
Department actions when reassuming jurisdiction over an appeal
WAC 296-800-35080 . . . . . . . . . . . . Page 350
Appealing a corrective notice
WAC 296-800-35082 . . . . . . . . . . . . Page 350
Notify employees
WAC 296-800-35084 . . . . . . . . . . . . Page 350
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WISHA INSPECTIONS AND CITATIONSWISHA conducts the following types of inspections:
Programmed inspections of hazardous workplaces.
WISHA identifies hazardous workplaces using objective criteria and inspection-scheduling systems that may look at any of the following factors:
♦ Type of industry
♦ Available data of injuries and illnesses where an inspection might eliminate the hazards causing them
♦ Employer's industrial insurance experience
♦ Number, type, and toxicity of contaminants in the workplace
♦ Degree of exposure to hazards
♦ Number of employees exposed
♦ Other factors, such as history of employee complaints
WISHA periodically reviews the scheduling systems and may adjust the factors used and/or the weight given to each factor
Routine programmed inspections in the following high hazard industries:
♦ Agriculture
♦ Asbestos renovation and demolition
♦ Construction
♦ Electrical utilities and communications
♦ Logging
♦ Maritime
Unprogrammed inspections of workplaces that may be in violation of WISHA safety or health rules or chapter 49.17 RCW, the Washington Industrial Safety and Health Act. Unprogrammed inspections may result because of:
♦ Complaints from employees, former employees, or employee representatives who believe they have been exposed to a hazard because of a violation
♦ Referrals from anyone who reasonably believes that workers under WISHA jurisdiction are being or have been exposed to a hazard because of a violation
Workplace deaths and serious injuries or illnesses investigations to determine if they were caused by a violation of safety and health rules or chapter 49.17 RCW, the Washington Industrial Safety and Health Act. WISHA may also initiate comprehensive inspections based on such investigations
Imminent danger of serious injury or death inspections when there is a reason to believe that employees may be in imminent danger of serious injury or death
Follow-up inspections at later dates to verify that you have corrected any hazards identified in a citation
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WISHA distributes staff performing inspections as efficiently as possible to ensure maximum protection for workers.
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During an inspection, WISHA staff may:
Take samples, photographs, videotapes, or audiotapes
Conduct tests
Ask employees to wear sampling devices
Conduct interviews
Privately question, on or off the worksite, any:
♦ Employer
♦ Employer representative
♦ Owner
♦ Operator
♦ Employee
♦ Employee representative
Employ any other reasonable investigative techniques
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When an employee or their representative has filed a complaint, WISHA will:
Remove the name of the person submitting the complaint and the names of any employees identified in the complaint before giving a copy of the complaint to an employer, unless the person filing the complaint gives WISHA written permission to release the names involved
Give a copy of the citation and notice to the employee (or their representative) who submitted the complaint, or explain to them why an inspection was not conducted
Review any department decision refusing to inspect or cite violations alleged in a complaint, if requested in writing
Notify the person in writing of the review results. If the person requesting the review is not satisfied with the results, they may request a second review by the department
[]
The citation will include
A description of any violations found
The amount and type of assessed penalties
The length of time given to correct the violations
If no violations are found, WISHA will normally send you a citation and notice indicating that no violations were found
| Note: | Copies of WISHA safety and health inspection reports can be requested. The request should be mailed to: |
| DEPARTMENT OF LABOR AND INDUSTRIES | |
| PUBLIC DISCLOSURE UNIT | |
| BOX 44632 | |
| OLYMPIA WA 98504-4632 | |
| You can also contact your local labor and industries field office for information on requesting copies of inspection reports (see the resources section of this book). |
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Employees or their representatives may request copies of citation and notices issued to the employer
Complete the Request for Copy of Citation and Notice form, and mail it to:
DEPARTMENT OF LABOR AND INDUSTRIES
STANDARDS AND INFORMATION
BOX 44638
OLYMPIA WA 98504-4638
| Note: | To obtain a copy of the Request for Copy of Citation and Notice form, call 360-902-5534, or contact your local labor and industries office (see the resources section for a complete list of the offices.) |
| If you submit this form, you'll receive all citation and notices issued to that employer for the next 12 months. | |
| When the department approves the request for a copy of a citation and notice, WISHA will indicate the date the application is approved, and the date it expires. Once approved, your application is valid for one year. Once expired, a one-year extension may be requested. | |
| You can waive the one-year period when you make your initial request. | |
| If more than one employee representative requests a copy of the same citation and notice, the department may decide which person will receive the copy of the citation and notice. |
| The department can deny requests for copies of citation and notices if the person filing the request is not an employee representative. |
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Immediately notify your employees of a citation and notice by posting them and/or any correspondence related to an employee complaint on the safety bulletin board for 3 working days, or until all violations have been corrected, whichever is longer.
Use any other appropriate means to notify employees who cannot receive notices posted on the safety bulletin board; for example, a copy to authorized employee representatives or the safety committee, or copies sent electronically.
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CIVIL PENALTIES FOR VIOLATING WISHA REQUIREMENTSWISHA may assess civil penalties when a citation and notice is issued for any violation of health and safety rules, or statutes found during an inspection.
WISHA will assess civil penalties:
When a citation for a serious violation is issued.
Under other circumstances specified by statute (such as RCW 49.17.180, 49.26.016, 49.17.177, 49.70.190).
Civil penalties promote compliance, encouraging employers to correct violations before an inspection takes place and avoiding the risk of receiving a penalty assessment. Civil penalties help promote a level playing field for employers complying with the rules by assessing penalties for those who do not comply.
[]
The minimum penalty amounts assessed by WISHA are:
$100 for any penalty
$5,000 per violation for all willful violations
[]
HOW CIVIL PENALTIES ARE CALCULATEDExcept for specific penalty amounts that are dictated by statute, WISHA calculates the base civil penalty for a violation by evaluating:
The severity of the injury, illness, or disease that could result from the alleged hazard
The probability that an injury, illness, or disease could occur as a result of the alleged hazard
[]
Severity describes how serious an injury, illness, or disease might be because of a hazardous condition. Severity ratings are based on the most serious injury, illness, or disease that could be reasonably expected to occur because of a hazardous condition (see Table 1).
Severity ratings are expressed in whole numbers and range from 1 (lowest) to 6 (highest). A violation with a severity rating of 4, 5, or 6 is considered to be a serious violation.
| Severity | Most serious injury, illness, or disease likely to result in: |
| 6 | Death from injury, illness or disease; injuries involving permanent severe disability; chronic, irreversible illness. |
| 5 | Permanent disability of a limited or less severe nature, injuries or reversible illnesses resulting in hospitalization. |
| 4 | Injuries or temporary, reversible illnesses resulting in serious physical harm (but less than 5 or 6 above) and may require removal from exposure or supportive treatment without hospitalization for recovery. |
| 3 | Injuries or illness would probably not cause death or serious physical harm, but violations have at least major impact and an indirect relationship to serious injury, illness or disease. Violations could have direct and immediate relationship to safety and health of employees. No need for medical treatment beyond first aid. |
| 2 | Nonserious or general violations of minor impact, including violations that have an indirect relationship to nonserious injury, illness or disease. No injury, illness or disease without additional violations. |
| 1 | No injury, and not likely to result in injury in the presence of other violations. |
[]
Probability refers to the likelihood of an injury, illness or disease occurring, and is expressed in whole numbers ranging from 1 (lowest) to 6 (highest). Probability does not change severity.
When determining probability, WISHA considers the number of employees affected and other factors, depending on the situation. Other factors may include
Frequency of employee exposure
Instances (number of times the same violation occurs in the workplace)
How close an employee is to the hazard
Weather and other working conditions
Employee skill level
Employee awareness of the hazard
The pace, speed, and nature of the task or work
Use of personal protective equipment
Amount of exposure (for health violations)
Other mitigating or contributing circumstances
[]
WISHA calculates most base penalties by assigning a weight to a violation. This weight is called "gravity." Gravity is calculated by multiplying a violation's severity by its probability. Expressed as a formula, gravity is:
Gravity = Severity x Probability Unless a particular rule establishes penalty amounts for specific violations, WISHA uses Table 2 to determine the dollar amount for each base penalty
| Gravity | Base Penalty |
| 1 2 |
$100 $200 |
| 3 4 |
$300 $400 |
| 5 6 |
$500 $1000 |
| 8 9 |
$1500 $2000 |
| 10 12 |
$2500 $3000 |
| 15 16 |
$3500 $4000 |
| 18 20 |
$4500 $5000 |
| 24 25 |
$5500 $6000 |
| 30 36 |
$6500 $7000 |
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WISHA may adjust an employee's base penalty amount because of the employer's good faith effort, size, and compliance history. No adjustments are made to penalty amounts specified by statute
[]
An employer's good faith effort (or lack of) may justify increasing or decreasing a base penalty. No single factor determines good faith. Good faith is a reflection of an employer's:
Effort before an inspection to provide a safe and healthful workplace for employees
Effort to comply with a standard they have violated
Cooperation during an inspection that is measured by a desire to comply with the cited standard and immediately correct identified hazards
WISHA uses Table 3 to adjust base penalty amounts because of good faith effort
| Good Faith Rating | Adjustment to Base Penalty |
| Excellent | 35% reduction |
| Good | 20% reduction |
| Average | No adjustment |
| Poor | 20% increase |
WISHA may adjust base penalties due to the size of an
employer's work force in the state of Washington by using Table
4:
| Number of Employees | Adjustment to Base Penalty |
| 1-25 | 60% reduction |
| 26-100 | 40% reduction |
| 101-250 | 20% reduction |
| More than 250 | No adjustment |
WISHA may adjust a base penalty based on an employer's
history of safety and health violations in the state of
Washington, using previous citations as well as injury and
illness rates (see Table 5).
| History Rating | Adjustment to Base Penalty |
| Good Average |
10% reduction No adjustment |
| Poor | 10% increase |
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The maximum penalty for a violation other than repeat, willful, egregious or failure-to-abate is $7,000.
[]
WISHA may increase civil penalties by applying a multiplier to an adjusted base penalty. Multipliers may be applied for the following reasons:
Repeat violations:
A repeat violation occurs when WISHA cites an employer more
than once in the last 3 years for a substantially similar hazard.
The 3-year period is measured from the date of the final order for each previous citation
The adjusted base penalty will be multiplied by the total number of inspections with violations (including the current inspection with a violation) involving similar hazards
The maximum penalty cannot exceed $70,000 for each violation
Willful violations:
A willful violation is a voluntary action done either with
an intentional disregard of, or plain indifference to, the
requirements of the applicable WISHA rule(s):
For all willful violations, the adjusted base penalty will be multiplied by 10
All willful violations will receive at least the statutory minimum penalty of $5,000
The maximum penalty cannot exceed $70,000 for each violation
Egregious violations:
An egregious violation may be issued for exceptionally
flagrant cases involving willful violations. In these cases,
WISHA will issue a separate penalty for each instance of an
employer failing to comply with a particular rule
Failure-to-abate violations:
A failure-to-abate violation occurs when an employer who has
been cited for a WISHA violation, fails to correct the violation
on time (certifying corrected violations is covered in WAC 296-800-35200 through 296-800-35270)
The maximum penalty cannot exceed $7,000 for every day the violation is not corrected
For a general violation with no initial penalty, the minimum failure-to-abate penalty is $1,000, with a possible adjustment for the employer's effort to comply
For violations with an initial penalty, WISHA, based on the facts at the time of reinspection:
♦ Will multiply the adjusted base penalty by 5, but may possibly make adjustments for the employer's effort to comply
♦ May multiply the adjusted base penalty by the number of days past the correction date if the employer does not make an effort to comply
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CERTIFY THAT VIOLATIONS HAVE BEEN ABATEDCertify within 10 calendar days following the correction date that you have abated each violation, unless the compliance officer indicates in your citation and notice that you have corrected the violations. Include the following:
Your name and address
The inspection number your written statement applies to
The citation and item numbers your written statement applies to
The date and method you used to abate each violation
That you informed your affected employees and their representatives that each violation was corrected
That the information you submitted is accurate
Your signature or the signature of your authorized representative
[]
Submit additional documentation for each willful or repeated violation supporting that abatement is completed. This documentation may include, but is not limited to:
Evidence of the purchase, or repair, of equipment
Photographic or video evidence of corrections
Other written records
Submit additional documentation for a serious violation, when required by the citation and notice.
[]
Submit a correction action plan within 25 calendar days from the final order date if the Citation and Notice requires it. Your plan must:
Identify the violation
List the steps you will take to correct the violation
Include a schedule to complete the steps
Describe how employees will be protected until the corrections are completed
| Note: | The department will notify you in writing if there is anything inadequate about your plan and will work out the problems. |
| When determining if required documents are submitted on time, the department looks at the postmark date for documents sent by standard mail and the date received by other means, such as personal delivery or fax. |
[]
Submit progress reports on the abatement if the citation and notice requires it and briefly state (a single sentence is normally adequate for each violation):
The action taken to abate each violation
The date each action was taken
| Note: | If progress reports are required, the citation and notice will include: |
| The items for which periodic progress reports are required, | |
| The date when an initial progress report must be submitted (no sooner than 30 calendar days after you submit a correction plan), | |
| Whether additional progress reports are required, and | |
| The date(s) on which additional progress reports must be submitted. |
[]
When determining if required documents are submitted on time, the department looks at:
Date of postmark for documents sent by mail
Date the department receives the documents, if transmitted by a means other than mail
[]
You must:
Post a copy of each abatement action document you submit to the department (or a summary) near the place where the violations occurred, if practical.
Do the following if posting near the violation site is not practical, such as with a mobile work operation:
Post each document (or a summary) in a location that is readily accessible by affected employees and their representatives
Take other steps to fully communicate abatement actions to affected employees and their representatives
Make sure that:
Notice is given to your employees and their representatives on or before the date you submit abatement information to the department
All abatement documents remain posted for at least 3 working days after they are submitted to the department
All posted abatement documents are not altered, defaced, or covered by other materials
Inform employees and their representatives of their right to examine and copy all abatement documents you submit to the department. If they ask to examine or copy your documents within 3 working days of receiving notice that you submitted them to the department, you have 5 days to comply with their request after receiving it.
[]
Tag cited moveable equipment to warn employees of a hazard if it has not been abated.
Attach a warning tag or a copy of the citation to the equipment's operating controls or to the cited component:
For hand-held equipment, tag it immediately after you receive a citation
For other equipment, tag it before moving it within the worksite or between worksites
The tag should properly warn employees about the nature of the violation and tell them where the citation is posted (see the Helpful Tools Section for a sample tag that can be used to meet this requirement)
Make sure that the tag or copy of the citation attached to movable equipment is not altered, defaced, or covered by other materials
Make sure that the tag or copy of the citation attached to movable equipment remains attached until:
You have abated the violation and submitted all abatement certification documents required by the department
You have permanently removed the cited equipment from service
You no longer have control over the cited equipment
A final order sets aside the violation
| Note: | Chapter 296-155 WAC, Safety Standards for Construction Work and chapter 296-24 WAC, General Safety and Health Standards have information on warning tags. You can use warning tags that meet the requirements in those rules instead of the warning tags required by this rule. |
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REQUESTING MORE TIME TO COMPLYYou can request more time to comply if you:
Have made a good faith effort to comply with a citation's abatement requirements
Have not completed your abatement because of factors beyond your control
Requests for more time must:
Be submitted in writing by you or your representative, and include:
The name of your business
The address of the workplace(s)
Identification of the citation and the abatement date(s) you want extended
The new abatement date and length of abatement period you are seeking
A description of the actions you have taken to comply with the abatement date(s) in the citation
Identification of the factors beyond your control that are preventing you from complying with the abatement date(s)
The means you will use to protect your employees during the time you are abating the violation.
Be received before midnight of the date you are asking to be extended
The department may accept late requests if they are:
Received within 5 days following the applicable correction date.
Accompanied by your written statement explaining the exceptional circumstances that caused the delay.
| Note: | The department does not accept late requests when compliance activity related to the abatement starts before the request is received. |
First class mail postage prepaid. Mailed to:
Department of Labor and Industries
WISHA Appeals
P.O. Box 44604
Olympia, WA 98504-4604
Personal delivery
Fax: (360) 902-5581
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Within 5 working days of receiving your request for more time to comply, the assistant director must make a decision to approve or deny it. Before making a decision, the assistant director may conduct an investigation. Once made, the decision remains in effect unless a hearing is requested.
The assistant director must issue the following 3 notices (which can be combined into one):
A notice verifying that your request was received, including the correction dates listed in your citation.
A notice of your right to request a hearing on the decision and
A notice announcing the decision.
♦ These notices must:
&sqbul; Be signed by the assistant director,
&sqbul; Contain the date they were issued, and
&sqbul; Include the address to which a hearing request may be sent.
[]
Post notices with the citation for which you are requesting additional abatement time immediately upon receipt. The notices must remain posted until:
The abatement date has passed or
A hearing notice is posted.
[]
You, your affected employees or their authorized representative, may request a hearing if they disagree with the department's response to a request for more time to comply.
All hearing requests must be sent or delivered to the assistant director and be received at the address identified in the notice of your right to request a hearing no later than 10 calendar days after the issue date of the notice.
Upon receiving a hearing request, the assistant director will issue a notice of hearing to the requesting party and the employer at least 20 days before the hearing date. The hearing notice will:
state that all interested parties can participate in the hearing
set the time and date, including:
♦ the time, place, and nature of the proceeding
♦ the legal authority and jurisdiction under which the hearing will be held
♦ a reference to the particular sections of the statute and rules involved and
♦ a short and clear explanation why a hearing was requested.
The employer must post the department's hearing notice or a complete copy until the hearing is held. This includes the:
Citation containing the correction date for which more time was requested.
Department notices issued in response to the employer's request for more time.
[]
Post the department's hearing notice or a complete copy until the hearing is held. This includes the:
Citation containing the correction date for which more time was requested
Department notices issued in response to the employer's request for more time
[]
The assistant director for WISHA services will appoint someone from the department to act as a hearings officer.
The hearings officer must be present at, and conduct, the hearing. An assistant attorney general may be present to give legal advice to the hearings officer.
If the hearings officer requests, the assistant attorney general may conduct the hearing.
The hearings officer may discuss the material to be presented to determine how the hearing will proceed.
The hearing must be conducted according to the Administrative Procedure Act recorded. Copies of hearing transcripts will be available to the parties, at cost, upon request.
[]
After the hearing, the assistant director will issue an order:
Affirming or modifying the correction date that caused the hearing
AND
Complying with the provisions of the Administrative Procedure Act, chapter 34.05 RCW and the Practice and Procedure Rules, chapter 296-08 WAC.
You must:
Post a complete, unedited copy of this decision, along with the citation to which it applies, as soon as it is received.
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REQUESTING AN APPEAL OF WISHA CITATIONS AND CORRECTIVE NOTICES
EMPLOYER REQUESTS
Any employer cited for a violation of WISHA safety and
health rules may appeal a citation or corrective notice.
Your request must include:
Business name, address, telephone number; and the name, address and telephone number of any person representing you.
Citation number.
What you think is wrong with the citation or corrective notice and any related facts.
What you think should be changed, and why.
EMPLOYEE REQUESTS
Any employee or employee representative who could be
affected by a citation or its correction may appeal the abatement
date in the citation or corrective notice.
Your request must include:
Your name, address, telephone number, and the name, address and telephone number of any person representing you
Citation number
What you think is wrong with the abatement date
All appeal requests must be in writing and submitted to the department within 15 working days after receiving the citation corrective notice. If you mail your request, the postmark is considered the submission date.
All requests must be:
Mailed to:
Department of Labor and Industries
WISHA Appeals
P.O. Box 44604
Olympia, WA 98504-4604
or
Faxed to: (360) 902-5581
or
Brought to any department service location
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When an appeal request is received, the department decides whether to reassume jurisdiction over the citation and notice being appealed or forward the appeal to the Board of Industrial Insurance Appeals. The department will notify the person who submitted the appeal when the department reassumes jurisdiction.
| Definition: | Reassume jurisdiction means that the department has decided to hear the appeal. |
Provide an employer and affected employees an opportunity to present relevant information, facts, and opinions during an informal conference
Give an employer, affected employees and the department an opportunity to resolve appeals rapidly and without further contest, especially in routine compliance cases
Educate employers about the citation and notice, the WISHA appeals process, and WISHA compliance
Review citations, penalties, and correction dates for fairness and accuracy to ensure quality work by the department
If the department does not reassume jurisdiction, it will send the appeal to the Board of Industrial Insurance Appeals. The board will send the person submitting the appeal a notice with the time and location of any board proceedings.
[]
The department has 30 working days after receipt of the appeal to review it, gather more information and decide whether to make changes to the citation and notice. The 30 working days begin with the first working day after the appeal is received. For example, if an appeal is received on Friday, the 30 days will begin on the following Monday unless it is a state holiday.
The department may extend the appeal review period up to an additional 15 working days if everyone involved agrees to the extension.
During the review period, the department will hold an informal conference about the appeal.
An informal conference is not an evidentiary hearing. It is an opportunity for interested parties to briefly explain their positions and provide any additional information they would like the department to consider when reviewing the citation and notice.
Although informal, the conference is an official conference and the department may record all or part of it. The department will tell participants when the conference will be recorded.
After the review period, the department will issue a corrective notice reflecting any changes made to the citation and notice. This notice will be sent to the employer and any employee representatives participating in the appeal process.
[]
Anyone who can appeal a citation and notice may appeal a corrective notice. All corrective notice appeals must be submitted within 15 working days after the notice was received.
[]
Immediately post all correspondence from the department in a conspicuous place after submitting an appeal. This correspondence includes:
The notice of appeal
The notice explaining that the department reassumed jurisdiction over the citation and notice
Any extensions to the review period
The notice for an informal conference
Corrective notices
Post all notices and information related to the appeal in the place where WISHA citations and notices are posted (see WAC 296-800-35150). These include:
A notice of appeal until the appeal is resolved
Notices about the department reassuming jurisdiction and any extension of the review period until the end of review period
A notice of an informal conference until after the conference is held
Corrective notices for as long as citations and notices must be posted
Requesting alternate means of compliance with WISHA rules.
| Note: | If you wish to develop an alternate means of compliance with WISHA rules, you may do so by following the instructions in WAC 296-350-700, Variances from WISHA rules. |
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USING STANDARDS FROM NATIONAL ORGANIZATIONS AND FEDERAL AGENCIES
[]
Use the following to be in compliance with WISHA rules:
The edition of the standard specified in the WISHA rule or
Any edition published after the edition specified in the WISHA rule.
| Note: | The specific standards referenced in the WISHA rules are available: |
See http://www.wa.gov/lni/pa/direct.htm
Through the local library system
Through the issuing organization.
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| Note: | The first time a defined word is used on a page in the Safety and Health Core Rules it is italicized and bolded. |
Refers to your written plans for correcting a WISHA violation.
Abatement date
The date on the citation when you must comply with specific safety and health standards listed on the citation and notice of assessment or the corrective notice of redetermination.
Acceptable
As used in Electrical, WAC 296-800-280 means an installation or equipment is acceptable to the director of labor and industries, and approved:
If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory; or
With respect to an installation or equipment of a kind which no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, if it is inspected or tested by another federal agency, or by a state, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Code, and found in compliance with the provisions of the National Electrical Code as applied in this section;
OR
With respect to custom-made equipment or related installations which are designed, fabricated for, and intended for use by a particular customer, if it is determined to be safe for its intended use by its manufacturer on the basis of test data which the employer keeps and makes available for inspection to the director and his/her authorized representatives. Refer to federal regulation 29 CFR 1910.7 for definition of nationally recognized testing laboratory.
Accepted
As used in Electrical, WAC 296-800-280 means an installation is accepted if it has been inspected and found by a nationally recognized testing laboratory to conform to specified plans or to procedures of applicable codes.
Access
As used in material safety data sheets (MSDSs) as Exposure Records, WAC 296-800-180 means the right and opportunity to examine and copy exposure records.
Affected employees
Employees exposed to hazards identified as violations in a citation.
Analysis using exposure or medical records
An analysis using exposure records or medical records can be any collection of data or a statistical study. It can be based on either:
Partial or complete information from individual employee exposure or medical records or
Information collected from health insurance claim records
The analysis is not final until it has been:
Reported to the employer or
Completed by the person responsible for the analysis
ANSI
This is an acronym for the American National Standards Institute.
Approved means:
Approved by the director of the department of labor and industries or their authorized representative, or by an organization that is specifically named in a rule, such as Underwriters' Laboratories (UL), Mine Safety and Health Administration (MSHA), or the National Institute for Occupational Safety and Health (NIOSH).
As used in Electrical, WAC 296-800-280 means acceptable to the authority enforcing this section. The authority enforcing this section is the director of labor and industries. The definition of acceptable indicates what is acceptable to the director and therefore approved.
Assistant director
The assistant director for the WISHA services division at the department of labor and industries.
ASTM
This is an acronym for American Society for Testing and Materials.
Attachment plug or plug
Is the attachment at the end of a flexible cord or cable that is part of a piece of electrical equipment. When it is inserted into an outlet or receptacle, it connects the conductors supplying electrical power from the outlet to the flexible cable.
Bare conductor
A conductor that does not have any covering or insulation.
Bathroom
A room maintained within or on the premises of any place of employment, contained toilets for use by employees.
Board
The board of industrial insurance appeals.
Certification
Refers to an employer's written statement describing when and how a citation violation was corrected.
CFR
This is an acronym for Code of Federal Regulations.
Chemical
Any element, chemical compound, or mixture of elements and/or compounds.
Chemical manufacturer
An employer with a workplace where one or more chemicals are produced for use or distribution.
Chemical name
The scientific designation of a chemical in accordance with one of the following:
The nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC)
The Chemical Abstracts Service (CAS) rules of nomenclature
OR
A name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
Circuit breaker
Is a device used to manually open or close a circuit. This device will also open the circuit automatically and without damage to the breaker when a predetermined overcurrent is applied. (600 volts nominal or less)
Is a switching device capable of making, carrying, and breaking currents under normal circuit conditions, and also making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions, such as those of short circuit. (Over 600 volts nominal)
Citation
Refers to the citation and notice issued to an employer for any violation of WISHA safety and health rules. A citation and notice may be referred to as a citation and notice of assessment but is more commonly referred to as a citation.
Combustible liquid
A combustible liquid has a flashpoint of at least 100F (37.8 C) and below 200F (93.3C). Mixtures with at least 99% of their components having flashpoints of 200F (93.3C) or higher are not considered combustible liquids.
Commercial account
An arrangement in which a retail distributor sells hazardous chemical(s) to an employer, generally in large quantities over time, and/or at costs that are below the regular retail price.
Common name
Any designation or identification such as:
Code name
Code number
Trade name
Brand name
Generic name used to identify a chemical other than by its chemical name.
Compressed gas
A gas or mixture of gases that, when in a container, has an absolute pressure exceeding:
40 psi at 70F (21.1C)
OR
104 psi at 130F (54.4C) regardless of the pressure at 70F (21.1C)
Compressed gas can also mean a liquid with a vapor pressure that exceeds 40 psi at 100F (37.8C)
Conductor
A wire that transfers electric power.
Container
Any container, except for pipes or piping systems, that contains a hazardous chemical. It can be any of the following:
Bag
Barrel
Bottle
Box
Can
Cylinder
Drum
Reaction vessel
Storage tank
Correction date
The date by which a violation must be corrected. Final orders or extensions that give additional time to make corrections establish correction dates. A correction date established by an order of the board of industrial insurance appeals remains in effect during any court appeal unless the court suspends the date.
Corrective notice
Refers to a notice changing a citation and is issued by the department after a citation has been appealed.
Covered conductor
A conductor that is covered by something else besides electrical insulation.
Damp location
Partially protected areas that are exposed to moderate moisture. Outdoor examples include roofed open porches and marquees. Interior examples include basements and barns.
Department
Those portions of the department of labor and industries responsible for enforcing the Washington Industrial Safety Act (WISHA).
Designated representative
Any individual or organization to which an employee gives written authorization.
A recognized or certified collective bargaining agent without regard to written employee authorization.
The legal representative of a deceased or legally incapacitated employee.
Director
The director means the director of the department of labor and industries or their designee.
Distributor
A business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to other distributors or to employers. See WAC 296-62-054 for requirements dealing with Manufacturers, Distributors and Importers - Hazard Communication.
Documentation
Material that you submit to prove that a correction is completed. Documentation includes, but is not limited to, photographs, receipts for materials and/or labor.
Dry location
Areas not normally subjected to damp or wet conditions. Dry locations may become temporarily damp or wet, such as when constructing a building.
Electrical outlets
Places on an electric circuit where power is supplied to equipment through receptacles, sockets, and outlets for attachment plugs.
Employee
The term employee and other terms of like meaning, unless the context of the provision containing such term indicates otherwise, means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise.
Employee exposure record
A record containing any of the following kinds of information:
Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;
Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;
Material safety data sheets indicating that the material may pose a hazard to human health;
OR
In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent.
Employer
An employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act must be considered both an employer and an employee.
Exit
Provides a way of travel out of the workplace.
Exit route
A continuous and unobstructed path of exit travel from any point within a workplace to safety outside.
Explosive
A chemical that causes a sudden, almost instant release of pressure, gas, and heat when exposed to a sudden shock, pressure, or high temperature.
Exposed live parts
Electrical parts that are:
Not suitably guarded, isolated, or insulated
AND
Capable of being accidentally touched or approached closer than a safe distance.
Exposed wiring methods
Involve working with electrical wires that are attached to surfaces or behind panels designed to allow access to the wires.
Exposure or exposed
As used in employer chemical hazard communication, WAC 296-800-170. An employee has been, or may have possibly been, subjected to a hazardous chemical, toxic substance or harmful physical agent while working. An employee could have been exposed to hazardous chemicals, toxic substances, or harmful physical agents in any of the following ways:
Inhalation
Ingestion
Skin contact
Absorption
Related means.
The terms exposure and exposed only cover workplace exposure involving a toxic substance or harmful physical agent in the workplace different from typical nonoccupational situations in the way it is:
Used
Handled
Stored
Generated
OR
Present
Extension ladder
A portable ladder with 2 or more sections and is not self-supporting. The 2 or more sections travel in guides or brackets that let you change the length. The size of a portable ladder is determined by adding together the length of each section.
Failure-to-abate
Any violation(s) resulting from you not complying with an abatement date.
Final order
Any of the following unless an employer or other party files a timely appeal:
Citation and notice;
Corrective notice;
Decision and order from the board of industrial insurance appeals;
Denial of petition for review from the board of industrial insurance appeals; or
Decision from a Washington State superior court, court of appeals, or the state supreme court.
Final order date
The date a final order is issued.
First aid
The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit.
Tests, such as X rays, must not be confused with treatment. For example, an employee thought he broke his arm and went to the hospital to get X rays. If the X rays show no broken bones, they are not considered first aid. On the other hand, if they do show a broken bone, they would be considered medical treatment.
Flammable
A chemical covered by one of the following categories:
Aerosol flammable means an aerosol that, when tested by the method described in 16 CFR 1500.45 yields either a flame projection more than 18 inches at full valve opening or a flashback (a flame extending back to the valve) at any degree of valve opening;
Gas, flammable means:
A gas that, at temperature and pressure of the surrounding area, forms a flammable mixture with air at a concentration of 13% by volume or less; or
A gas that, at temperature and pressure of the surrounding area, forms a range of flammable mixtures with air wider than 12% by volume, regardless of the lower limit;
Liquid, flammable means any liquid having a flashpoint below 100F (37.8C), except any mixture having components with flashpoints of 100F (37.8C) or higher, the total of which make up 99% or more of the total volume of the mixture.
Solid, flammable means a solid, other than a blasting agent or explosive as defined in WAC 296-52-417 or 29 CFR 1910.109(a), that is likely to cause fire through friction, moisture absorption, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily. Solid, inflammable also means that when the substance is ignited, it burns so powerfully and persistently that it creates a serious hazard. A chemical must be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.
Flashpoint
The minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested by any of the following measurement methods:
Tagliabue closed tester: (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100F (37.8C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or
Pensky-Martens closed tester: (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100F (37.8C), or that contain suspended solids, or that have a tendency to form a surface film under test; or
Setaflash closed tester: (See American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78).)
| Note: | Organic peroxides, which undergo auto accelerating thermal decomposition, are excluded from any of the flashpoint measurement methods specified above. |
Typically used to connect electrical equipment to an outlet or receptacle. These cords can have an attachment plug to connect to a power source or can be permanently wired into the power source. Flexible cords, extension cords, cables and electrical cords are all examples of flexible cord.
Floor hole
An opening in any floor, platform, pavement, or yard that measures at least one inch but less than 12 inches at its smallest dimension and through which materials and tools (but not people) can fall.
Examples of floor holes are:
Belt holes
Pipe openings
Slot openings
Floor opening
An opening in any floor, platform, pavement, or yard that measures at least 12 inches in its smallest dimension and through which a person can fall.
Examples of floor openings are:
Hatchways
Stair or ladder openings
Pits
Large manholes
The following are NOT considered floor openings:
Openings occupied by elevators
Dumbwaiters
Conveyors
Machinery
Containers
Foreseeable emergency
Any potential event that could result in an uncontrolled release of a hazardous chemical into the workplace. Examples of foreseeable emergencies include equipment failure, rupture of containers, or failure of control equipment.
Ground
As used in Electrical, WAC 296-800-280, a connection between an electrical circuit or equipment and the earth or other conducting body besides the earth. This connection can be intentional or accidental.
Grounded
A connection has been made between an electrical circuit or equipment and the earth or another conducting body besides the earth.
Grounded conductor
A system or circuit conductor that is intentionally grounded.
Ground-fault circuit-interrupter
A device whose function is to interrupt the electric circuit to the load when a fault current to ground exceeds some predetermined value that is less than that required to operate the overcurrent protective device of the supply circuit.
Grounding conductor
Is used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.
Grounding conductor, equipment
A conductor used to connect noncurrent-carrying metal parts of equipment, raceways, and other enclosures to the system grounded conductor and/or the grounding electrode conductor at the service equipment or at the source of a separately derived system.
Guarded
Covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers, casings, barriers, rails, screens, mats, or platforms to remove the likelihood of being accidentally touched or approached closer than a safe distance.
Handrail
A single bar or pipe supported on brackets from a wall or partition to provide a continuous handhold for persons using a stair.
Harmful physical agent
Any chemical substance, biological agent (bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and nonionizing radiation, hypo- or hyperbaric pressure, etc.) which:
Is listed in the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) (see Appendix B); or
Has shown positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer;
OR
Is the subject of a material safety data sheet kept by or known to the employer showing that the material may pose a hazard to human health.
Hazard
Any condition, potential or inherent, which can cause injury, death, or occupational disease.
Hazard warning
Can be a combination of words, pictures, symbols, or combination appearing on a label or other appropriate form of warning which shows the specific physical and health hazard(s), including target organ effects, of the chemical(s) in the container(s).
| Note: | See definition for physical hazard and health hazard to determine which hazards must be covered. |
Any chemical that is a physical or health hazard.
Health hazard
Any chemical with the potential to cause acute or chronic health effects in exposed employees. The potential must be statistically significant based on evidence from at least one study conducted under established scientific principles. Health hazards include:
Chemicals which are carcinogens
Toxic or highly toxic agents
Reproductive toxins
Irritants
Corrosives
Sensitizers
Hepatotoxins
Nephrotoxins
Neurotoxins
Agents which act on the hematopoietic system
Agents which damage the lungs, skin, eyes, or mucous membranes
See WAC 296-62-054 for more definitions and explanations about the scope of health hazards covered by this part.
See WAC 296-62-054 for the criteria used for determining whether or not a chemical is considered hazardous for purposes of this rule.
Hospitalization
To be sent to, to go to, or be admitted to, a hospital or an equivalent medical facility and receive medical treatment beyond first-aid treatment, regardless of the length of stay in the hospital or medical facility.
Identity
Any chemical or common name listed on the material safety data sheet (MSDS) for the specific chemical. Each identity used must allow cross-references among the:
Required list of hazardous chemicals
Chemical label
MSDSs
Imminent danger violation
Any violation(s) resulting from conditions or practices in any place of employment, which are such that a danger exists which could reasonably be expected to cause death or serious physical harm, immediately or before such danger can be eliminated through the enforcement procedures otherwise provided by the Washington Industrial Safety and Health Act.
Importer
The first business within the Customs Territory of the USA that:
Receives hazardous chemicals produced in other countries
AND
Supplies them to distributors or employers within the USA
See WAC 296-62-054 for requirements dealing with Manufacturers, Importer and Distributors - Hazard Communication.
Insulated
A conductor has been completely covered by a material that is recognized as electrical insulation and is thick enough based on:
The amount of voltage involved
AND
The type of covering material
Interim waiver
An order granted by the department allowing an employer to vary from WISHA requirements until the department decides to grant a permanent or temporary waiver.
Ladder
Consists of 2 side rails joined at regular intervals by crosspieces called steps, rungs, or cleats. These steps are used to climb up or down.
Listed
Equipment is listed if it:
Is listed in a publication by a nationally recognized laboratory (such as UL, underwriters laboratory) that inspects the production of that type of equipment,
AND
States the equipment meets nationally recognized standards or has been tested and found safe to use in a specific manner.
Material safety data sheet (MSDS)
Written or printed material that tells you about the chemical(s), what it can do to and how to protect yourself, others, or the environment.
For requirements for developing MSDSs see WAC 296-62-054 -- Manufacturers, Importers, and Distributors - Hazard Communication.
Medical treatment
Treatment provided by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first-aid treatment even if provided by a physician or registered professional personnel.
Mixture
As used in Employer Chemical Hazard Communication, WAC 296-800-170, any combination of 2 or more chemicals (if that combination did not result from a chemical reaction).
Movable equipment
As used in WAC 296-800-35052, a hand-held or nonhand-held machine or device;
That is powered or nonpowered;
AND
Can be moved within or between worksites
Must
Must means mandatory.
NEMA
These initials stand for National Electrical Manufacturing Association.
NFPA
This is an acronym for National Fire Protection Association.
Nose
The portion of the stair tread that projects over the face of the riser below it.
Occupational Safety and Health Administration (OSHA)
Passed in 1970 by the U.S. Congress, the OSH (Occupational Safety and Health) Act provides safety on the job for working men and women. OSHA oversees states (such as Washington) that have elected to administer their own safety and health program. OSHA requires WISHA rules to be at least as effective as OSHA rules.
Office work environment
An indoor or enclosed occupied space where clerical work, administration, or business is carried out.
In addition, it includes:
Other workplace spaces controlled by the employer and used by office workers, such as cafeterias, meeting rooms, and washrooms.
Office areas of manufacturing and production facilities, not including process areas.
Office areas of businesses such as food and beverage establishments, agricultural operations, construction, commercial trade, services, etc.
Open riser
A stair step with an air space between treads has an open riser.
Organic peroxide
This is an organic compound containing the bivalent-0-0-structure. It may be considered a structural derivative of hydrogen peroxide if one or both of the hydrogen atoms has been replaced by an organic radical.
Outlet
See definition for electrical outlets.
Oxidizer
A chemical other than a blasting agent or explosive as defined in WAC 296-52-417 or CFR 1910.109(a), that starts or promotes combustion in other materials, causing fire either of itself or through the release of oxygen or other gases.
Permissible exposure limits (PELs)
PELs are airborne concentrations of substances measured by their concentration in the air no matter what amount is breathed by the employee. The permissible exposure limits (PELs) must include the following four categories:
Permissible exposure limits - Time-weighted average (PEL-TWA) is the time-weighted average airborne exposure to any 8-hour work shift of a 40-hour work week and must not be exceeded.
Permissible exposure limits - Short-term exposure limit (PEL-STEL) is the employee's 15-minute time-weighted average exposure which must not be exceeded at any time during a work day unless another time limit is specified in a parenthetical notation below the limit. If another time period is specified, the time-weighted average exposure over that time period must not be exceeded at any time during the working day.
Permissible exposure limits - Ceiling (PEL-C) is the employee's exposure which must not be exceeded during any part of the workday. If instantaneous monitoring is not feasible, then the ceiling must be assessed as a 15-minute time-weighted average exposure which must not be exceeded at any time over a working day.
Skin notation is the potential contribution to the overall employee exposure by the cutaneous route including mucous membranes and eye, either by airborne, or more particularly, by direct contact with the substance. These substances are identified as having a skin notation in the OSHA and WISHA PEL tables (29 CFR Part 1910 Subpart Z and WAC 296-62-075, respectively).
Person
One or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.
Personal service room
Used for activities not directly connected with a business' production or service function such as:
First-aid
Medical services
Dressing
Showering
Bathrooms
Washing
Eating
Personnel
See the definition for employees.
Physical hazard
A chemical that has scientifically valid evidence to show it is one of the following:
Combustible liquid
Compressed gas
Explosive
Flammable
Organic peroxide
Oxidizer
Pyrophoric
Unstable (reactive)
Water reactive
Platform
Platform means an extended step or landing that breaks a continuous run of stairs.
Plug
See definition for attachment plug.
Potable water
Water that you can safely drink. It meets specific safety standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.
Predictable and regular basis
Employee functions such as, but not limited to, inspection, service, repair and maintenance which are performed
at least once every 2 weeks
OR
4 man-hours or more during any sequential 4-week period (to calculate man-hours multiply the number of employees by the number of hours during a 4-week period).
Produce
As used in Employer Chemical Hazard Communication, WAC 296-800-170, any one of the following:
Manufacture
Process
Formulate
Blend
Extract
Generate
Emit
Repackage
Purchaser
As used in Employer Chemical Hazard Communication, WAC 296-800-170, an employer who buys one or more hazardous chemicals to use in their workplace.
Pyrophoric
A chemical is pyrophoric if it will ignite spontaneously in the air when the temperature is 130F (54.4C) or below.
Qualified
A person is qualified if they have one of the following:
Extensive knowledge, training and experience about the subject matter, work or project
A recognized degree, certificate, or professional standing
Successfully demonstrated problem solving skills about the subject, work, or project
Railing or standard railing
A vertical barrier erected along exposed edges of a floor opening, wall opening, ramp, platform, or runway to prevent falls of persons.
Reassume jurisdiction
The department has decided to take back its control over a citation and notice being appealed.
Receptacle or receptacle outlet
Outlets that accept a plug to supply electric power to equipment through a cord or cable.
Record
A record is any item, collection, or grouping of information. Examples include:
Paper document
Microfiche
Microfilm
X-ray film
Computer record
Repeat violation
A repeat violation occurs when WISHA cites an employer more than once in the last 3 years for a substantially similar hazard.
Responsible party
As used in employer chemical hazard communication, WAC 296-800-170. Someone who can provide appropriate information about the hazardous chemical and emergency procedures.
Rise
The vertical distance from the top of a tread to the top of the next higher tread.
Riser
The vertical part of the step at the back of a tread that rises to the front of the tread above.
Rungs
Rungs are the cross pieces on ladders that are used to climb up and down the ladder.
Runway
An elevated walkway above the surrounding floor or ground level. Examples of runways are footwalks along shafting or walkways between buildings.
Safety factor
The term safety factor means the ratio of when something will break versus the actual working stress or safe load when it is used.
Serious violation
Serious violation must be deemed to exist in a workplace if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such workplace, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
Should
Should means recommended.
Single ladder
A type of portable ladder with one section.
It is distinguished by all of the following:
It has one section
It cannot support itself
Its length cannot be adjusted
Smoking
A person is smoking if they are:
Lighting up
Inhaling
Exhaling
Carrying a pipe, cigar or cigarette of any kind that is burning
Specific chemical identity
This term applies to chemical substances. It can mean the:
Chemical name
Chemical Abstracts Service (CAS) registry number
Any other information that reveals the precise chemical designation of the substance.
Stair railing
A vertical barrier attached to a stairway with an open side to prevent falls. The top surface of the stair railing is used as a handrail
Stairs or stairway
A series of steps and landings:
leading from one level or floor to another,
leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment
Used more or less continuously or routinely by employees, or only occasionally by specific individuals.
With three or more risers
Standard safeguard
Safety devices that prevent hazards by their attachment to:
Machinery
Appliances
Tools
Buildings
Equipment
These safeguards must be constructed of:
Metal
Wood
Other suitable materials
The department makes the final determination about whether a safeguard is sufficient for its use.
Step ladder
A portable ladder with:
Flat steps
A hinge at the top allowing the ladder to fold out and support itself
Its length that cannot be adjusted
Toeboard
A barrier at floor level along exposed edges of a floor opening, wall opening, platform, runway, or ramp, to prevent falls of materials.
Toilet
Means a fixture that flushes maintained within a bathroom for the purpose of defecation or urination or both.
Toxic substance
Any:
Chemical substance
Biological agent (such as bacteria, virus, or fungus)
Physical stress (such as noise, vibration, or repetitive motion)
A substance is toxic if:
The latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) lists the substance
Testing by or known to the employer has shown positive evidence that the substance is an acute or chronic health hazard
A material safety data sheet kept by or known to the employer shows the material may be a hazard to human health
Trade secret
Any confidential:
Formula
Pattern
Process
Device
Information
Collection of information
The trade secret is used in an employer's business and gives an opportunity to gain an advantage over competitors who do not know or use it.
See WAC 296-62-053 for requirements dealing with trade secrets.
Tread
The horizontal part of the stair step.
Tread run
The distance from the front of one stair tread to the front of an adjacent tread.
Tread width
The distance from front to rear of the same tread including the nose, if used.
UL (Underwriters' Laboratories, Inc.)
You will find these initials on electrical cords and equipment. The initials mean the cord or equipment meets the standards set by the Underwriters' Laboratories, Inc.
Unstable (reactive)
As used in employer chemical hazard communication, WAC 296-800-170. An unstable or reactive chemical is one that in its pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.
Urinal
A toilet in a men's bathroom that is designed and intended solely for urination.
Use
As used in employer chemical hazard communication, WAC 296-800-170, means to:
Package
Handle
React
Emit
Extract
Generate as a by-product
Transfer
Voltage of a circuit
The greatest effective potential difference between any two conductors or between a conductor and ground.
Voltage to ground
The voltage between a conductor and the point or conductor of the grounded circuit. For undergrounded circuits, it is the greatest voltage between the conductor and any other conductor of the circuit.
Voltage, nominal
Nominal voltage is a value assigned to a circuit or system to designate its voltage class (120/240, 480Y/277, 600, etc.). The actual circuit voltage can vary from the value if it is within a range that permits the equipment to continue operating in a satisfactory manner.
WAC
This is an acronym for Washington Administrative Code, which are rules developed to address state law.
Water-reactive
As used in Employer Chemical Hazard Communication, WAC 296-800-170, a water-reactive chemical reacts with water to release a gas that is either flammable or presents a health hazard.
Watertight
Constructed so that moisture will not enter the enclosure or container.
Weatherproof
Constructed or protected so that exposure to the weather will not interfere with successful operation. Rainproof, raintight, or watertight equipment can fulfill the requirements for weatherproof where varying weather conditions other than wetness, such as snow, ice, dust, or temperature extremes, are not a factor.
Wet location
Underground installations or in concrete slabs or masonry that are in direct contact with the earth
Locations that can be saturated by water or other liquids
Unprotected locations exposed to the weather (like vehicle washing areas)
WISHA
This is an acronym for the Washington Industrial Safety and Health Act.
Working days
A calendar day, except Saturdays, Sundays, and legal holidays as set forth in RCW 1.16.050, as now or hereafter amended, and for the purposes of the computation of time within which an act is to be done under the provisions of this chapter, shall be computed by excluding the first working day and including the last working day.
Worker
See the definition for employee.
Workplace
The term workplace means:
Any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.
An establishment, job site, or project, at one geographical location containing one or more work areas.
As used in Employer Chemical Hazard Communication, WAC 296-800-180, any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.
You
See definition of employer.
Your representative
Your representative is the person selected to act in your behalf.
[]
OTS-4193.3
PART A-1
((GENERAL, EDUCATIONAL, MEDICAL AND FIRST-AID REQUIREMENTS))
PURPOSE AND SCOPEPART A-2
PERSONAL PROTECTIVE EQUIPMENT
RESERVE
| Note: | Personal protective equipment requirements have been moved to WAC 296-800-160. |
| Note: | Electrical protective equipment requirements have been moved to WAC 296-24-980. |
AMENDATORY SECTION(Amending Order 89-20, filed 1/11/90,
effective 2/26/90)
WAC 296-24-10203
General requirements.
(1) All employers
operating late night retail establishments shall provide crime
prevention training to their employees.
(2) Crime prevention training shall be a part of the
accident prevention program requirements imposed pursuant to WAC
((296-24-040)) 296-800-140.
(3) The employer shall provide training to ensure that the purpose and function of robbery and violence prevention are understood by employees and that the knowledge and skills required for their safety have been provided. The employer shall:
(a) Provide training and training materials that outline security policies, safety and security procedures, and personal safety and crime avoidance techniques.
(b) Provide formal instruction through a training seminar or training video presentation and upon completion require the employee to sign off on the date, time, and place of training. The training documentation will be placed in the employee's personnel file. The following elements shall be included in the crime prevention training program:
(i) An explanation of the importance of keeping the store clean, neat, and uncluttered thereby making it as unattractive as possible to robbers.
(ii) Provide explanation of the purpose of maintaining an unobstructed view of the cash register from outside the store, provided the cash register is located in a position visible from the street.
(iii) Provide instruction on reasons for operating only minimum number of cash registers at night.
(iv) Keeping the cash register fund to a minimum.
(v) Taking extra precautions after dark, i.e., keep alert, observe lighting and dark corners, spot possible hiding places.
(vi) Violence prevention procedures in case of robbery.
(vii) Provide a refresher course on crime prevention on or near the employee's anniversary date. Videotape and crime prevention material shall be available for employee's review at their request.
(4) In addition to providing crime prevention training as defined in this section, all employers operating late night retail establishments shall:
(a) Post a conspicuous sign in the window or door which states that there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register contains only the minimal amount of cash needed to conduct business: No employer shall be subject to citation and penalty for having moneys in the cash register in excess of the minimal amount needed to conduct business.
(b) All displays, and any other material posted in window(s) or door(s) should be arranged so as to provide a clear and unobstructed view of the cash register; provided the cash register is located in such a position so as to be visible from the street.
(c) Have a drop-safe, limited access safe, or comparable device on the premises.
(d) Operate the outside lights for that portion of the approach and parking area that is necessary to accommodate customers during all night hours the late night retail establishment is open. This may be accomplished through:
(i) Surveillance lighting - to detect and observe pedestrian and vehicular entrances.
(ii) Providing adequate illuminances - adequate illuminance throughout the pedestrian and vehicular entrance areas should be a minimum of one foot candle to comply with ANSI/IES RP7-1983.
[Statutory Authority: Chapter 49.17 RCW. 90-03-029 (Order 89-20), 296-24-10203, filed 1/11/90, effective 2/26/90.]
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 95-22-015, 296-24-12001, filed 10/20/95, effective 1/16/96. Statutory Authority: Chapter 49.17 RCW. 94-06-068 (Order 93-17), 296-24-12001, filed 3/2/94, effective 3/1/95; Order 74-27, 296-24-12001, filed 5/7/74; Order 73-5, 296-24-12001, filed 5/9/73 and Order 73-4, 296-24-12001, filed 5/7/73.]
(2) The employer is responsible for identifying such potential hazards and for insisting that the employee shower at the end of the shift.
(3) Whenever showers are required by a particular standard, the showers shall be provided, in accordance with (a) through (d) of this subsection:
(a) One shower shall be provided for each 10 employees of each sex, or numerical fraction thereof, who are required to shower during the same shift.
(b) Body soap or other appropriate cleansing agents convenient to the showers shall be provided as specified in this section.
(c) Showers shall be provided with hot and cold water feeding a common discharge line.
(d) Employees who use showers shall be provided with individual clean towels.
[]
(2) Danger signs.
(a) The colors red, black, and white shall be those of opaque glossy samples as specified in Table 1 of Fundamental Specification of Safety Colors for CIE Standard Source "C," American National Standard Z53.1-1971.
(b) Standard proportions shall be as indicated in Table J-1, and format shall be as in Fig. J-1.
(3) Radiation warning signs.
(a) Standard color of the background shall be yellow; the panel, reddish purple with yellow letters; the symbol, reddish purple; any letters used against the yellow background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of American National Standard, Z53.1-1971.
(b) The standard symbol shall be as in Figure J-3. Method of dimensioning, design, and orientation of the standard symbol (one blade pointed downward and centered on the vertical axis) shall be executed as illustrated. The symbol shall be prominently displayed, and of a size consistent with the size of the equipment or material or area to which it is attached.
(c) Format shall be as in Figure J-2. Sign proportions shall be the same as those for danger signs in Table J-1.
(4) Caution signs.
(a) Standard color of the background shall be yellow; and the panel, black with yellow letters. Any letters used against the yellow background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of American National Standard Z53.1-1971.
(b) Standard proportions shall be as indicated in Table J-2, and format shall be as in Figure J-4.
(5) Exit signs. Exit signs shall be in accordance with WAC
((296-24-56531)) 296-800-310.
(6) Safety instruction signs.
(a) Standard color of the background shall be white; and the panel, green with white letters. Any letters used against the white background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of American National Standard, Z53.1-1971.
(b) Standard proportions shall be as indicated in Table J-3, and format shall be as in Figure J-5.
(7) Directional signs.
(a) Standard color of the background shall be white; and the panel, black with white directional symbol. Any letters used against the white background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of American National Standard Z53.1-1971.
(b) Standard proportions shall be as indicated in Table J-4, and format shall be as in Figure J-6.
(8) In-plant traffic signs. Regulatory and control signs required for the safe movement of vehicles and pedestrians on thoroughfares on plant property shall conform to the standards established in American National Standard Manual on Uniform Traffic Control Devices for Streets and Highways, D6.1-1971.
(9) Informational signs. Blue shall be the standard color for informational signs. It may be used as the background color for the complete sign or as a panel at the top of such types of "notice" signs, which have a white background. The colors shall be those of opaque glossy samples as specified in Table 1 of American National Standard Z53.1-1971.
(10) Slow-moving vehicle emblem. This emblem (see Fig. J-7) consists of a fluorescent yellow-orange triangle with a dark red reflective border. The yellow-orange fluorescent triangle is a highly visible color for daylight exposure. The reflective border defines the shape of the fluorescent color in daylight and creates a hollow red triangle in the path of motor vehicle headlights at night. The emblem is intended as a unique identification for, and it shall be used only, on vehicles which by design move slowly (25 m.p.h. or less) on the public roads. The emblem is not a clearance marker for wide machinery nor is it intended to replace required lighting or marking of slow-moving vehicles. Neither the color film pattern and its dimensions nor the backing shall be altered to permit use of advertising or other markings. The material, location, mounting, etc., of the emblem shall be in accordance with the American Society of Agricultural Engineers Emblem for Identifying Slow-Moving Vehicles, ASAE R276, 1967, or ASAE S276.2 (ANSI B114.1-1971).
(11) Symbols. Symbols used on signs shall follow recognized practices, such as in Figure J-8. For radioactive materials, see symbol in Figure J-3.
[Statutory Authority: RCW 49.17.040 and 49.17.050. 82-13-045 (Order 82-22), 296-24-14007, filed 6/11/82; Order 73-5, 296-24-14007, filed 5/9/73 and Order 73-4, 296-24-14007, filed 5/7/73.]
(2) New and existing equipment. All new overhead and gantry
cranes constructed and installed on or after the effective date
of these standards, shall meet the design specifications of the
American National Standards Institute, Safety Code for Overhead
and Gantry Cranes, ANSI B30.2.0-1967. Overhead and gantry cranes
constructed before the effective date of these standards, should
be modified to conform to those design specifications, unless it
can be shown that the crane cannot feasibly or economically be
altered and that the crane substantially complies with the
requirements of this section. (See WAC ((296-24-010))
296-350-700 variance ((and procedure)) from WISHA rules.)
(3) Modifications. Cranes may be modified and rerated provided such modifications and the supporting structure are checked thoroughly for the new rated load by a qualified engineer or the equipment manufacturer. The crane shall be tested in accordance with WAC 296-24-23521(2). New rated load shall be displayed in accordance with (5) of this section.
(4) Wind indicators and rail clamps.
(a) Outdoor storage bridges shall be provided with automatic rail clamps. A wind-indicating device shall be provided which will give a visible or audible alarm to the bridge operator at a predetermined wind velocity. If the clamps act on the rail heads, any beads or weld flash on the rail heads shall be ground off.
(b) Calculations for wind pressure on outside overhead traveling cranes shall be based on not less than 30 pounds per square foot of exposed surface.
(5) Rated load marking. The rated load of the crane shall be plainly marked on each side of the crane, and if the crane has more than one hoisting unit, each hoist shall have its rated load marked on it or its load block and this marking shall be clearly legible from the ground or floor.
(6) Clearance from obstruction.
(a) Minimum clearance of 3 inches overhead and 2 inches laterally shall be provided and maintained between crane and obstructions in conformity with Specification No. 61 Crane Manufactures Association of America, Inc., 8720 Red Oak Blvd., Suite 201, Charlotte, NC 28217.
(b) Where passageways or walkways are provided obstructions shall not be placed so that safety of personnel will be jeopardized by movements of the crane.
(7) Clearance between parallel cranes. If the runways of two cranes are parallel, and there are no intervening walls or structure, there shall be adequate clearance provided and maintained between the two bridges.
(8) Designated personnel. Only designated personnel shall be permitted to operate a crane covered by this section.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-24-23503, filed 7/20/94, effective 9/20/94; Order 74-27, 296-24-23503, filed 5/7/74; Order 73-5, 296-24-23503, filed 5/9/73 and Order 73-4, 296-24-23503, filed 5/7/73.]
(a) If sufficient headroom is available on cab-operated cranes, a footwalk shall be provided on the drive side along the entire length of the bridge of all cranes having the trolley running on the top of the girders. To give sufficient access to the opposite side of the trolley, there should be provided either a footwalk mounted on the trolley, a suitable footwalk or platform in the building, or a footwalk on the opposite side of the crane at least twice the length of the trolley.
(b) Footwalks should be located to give a headroom not less than 78 inches. In no case shall less than 48 inches be provided. If 48 inches of headroom cannot be provided, footwalks should be omitted from the crane and a stationary platform or landing stage built for workers making repairs.
(2) Construction of footwalks.
(a) Footwalks shall be of rigid construction and designed to sustain a distributed load of at least 50 pounds per square foot.
(b) Footwalks shall have a walking surface of antislip type.
| Note: | Wood will meet this requirement. |
(d) Footwalks should have a clear passageway at least 18 inches wide except opposite the bridge motor, where they should be not less than 15 inches. The inner edge shall extend at least to the line of the outside edge of the lower cover plate or flange of the girder.
(3) Toeboards and handrails for footwalks. Toeboards and handrails shall be in compliance with WAC 296-24-750 through 296-24-75011 and WAC 296-800-260.
(4) Ladders and stairways.
(a) Gantry cranes shall be provided with ladders or stairways extending from the ground to the footwalk or cab platform.
(b) Stairways shall be equipped with rigid and substantial metal handrails. Walking surfaces shall be of an antislip type.
(c) Ladders shall be permanently and securely fastened in place and shall be constructed in compliance with WAC 296-24-810 through 296-24-81011.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-24-23507, filed 7/20/94, effective 9/20/94; Order 73-5, 296-24-23507, filed 5/9/73 and Order 73-4, 296-24-23507, filed 5/7/73.]
(a) Wiring and equipment shall comply with chapter 296-24 WAC Part L, and WAC 296-800-280.
(b) The control circuit voltage shall not exceed 600 volts for a.c. or d.c. current.
(c) The voltage at pendant pushbuttons shall not exceed 150 volts for a.c. and 300 volts for d.c.
(d) Where multiple conductor cable is used with a suspended pushbutton station, the station shall be supported in a manner that will protect the electrical conductors against strain.
(e) Pendant control boxes shall be constructed to prevent electrical shock and shall be clearly marked for identification of functions.
(2) Equipment.
(a) Electrical equipment shall be so located or enclosed that live parts will not be exposed to accidental contact under normal operating conditions.
(b) Electric equipment shall be protected from dirt, grease, oil, and moisture.
(c) Guards for live parts shall be substantial and so located that they cannot be accidentally deformed so as to make contact with the live parts.
(3) Controllers.
(a) Cranes not equipped with spring-return controllers or momentary contact pushbuttons shall be provided with a device which will disconnect all motors from the line on failure of power and will not permit any motor to be restarted until the controller handle is brought to the "off" position, or a reset switch or button is operated.
(b) Lever operated controllers shall be provided with a notch or latch which in the "off" position prevents the handle from being inadvertently moved to the "on" position. An "off" detent or spring return arrangement is acceptable.
(c) The controller operating handle shall be located within convenient reach of the operator.
(d) As far as practicable, the movement of each controller handle shall be in the same general directions as the resultant movements of the load.
(e) The control for the bridge and trolley travel shall be so located that the operator can readily face the direction of travel.
(f) For floor-operated cranes, the controller or controllers if rope operated, shall automatically return to the "off" position when released by the operator.
(g) Pushbuttons in pendant stations shall return to the off position when pressure is released by the crane operator.
(h) Automatic cranes shall be so designed that all motions shall fail-safe if any malfunction of operation occurs.
(i) Remote-operated cranes shall function so that if the control signal for any crane motion becomes ineffective the crane motion shall stop.
(4) Resistors.
(a) Enclosures for resistors shall have openings to provide adequate ventilation, and shall be installed to prevent the accumulation of combustible matter near hot parts.
(b) Resistor units shall be supported so as to be free as possible from vibration.
(c) Provision shall be made to prevent broken parts or molten metal falling upon the operator or from the crane.
(5) Switches.
(a) The power supply to the runway conductors shall be controlled by a switch or circuit breaker located on a fixed structure, accessible from the floor, and arranged to be locked in the open position.
(b) On cab-operated cranes a switch or circuit breaker of the enclosed type, with provision for locking in the open position shall be provided in the leads from the runway conductors. A means of opening this switch or circuit breaker shall be located within easy reach of the operator.
(c) On floor-operated cranes, a switch or circuit breaker of the enclosed type, with provision for locking in the open position, shall be provided in the leads from the runway conductors. This disconnect shall be mounted on the bridge or footwalk near the runway collectors. One of the following types of floor operated disconnects shall be provided:
(i) Nonconductive rope attached to the main disconnect switch.
(ii) An undervoltage trip for the main circuit breaker operated by an emergency stop button in the pendant pushbutton station.
(iii) A main line contactor operated by a switch or pushbutton in the pendant pushbutton station.
(d) The hoisting motion of all electric traveling cranes shall be provided with an overtravel limit switch in the hoisting direction.
(e) All cranes using a lifting magnet shall have a magnet circuit switch of the enclosed type with provision for locking in the open position. Means for discharging the inductive load of the magnet shall be provided.
(6) Runway conductors. Conductors of the open type mounted on the crane runway beams or overhead shall be so located or so guarded that persons entering or leaving the cab or crane footwalk normally could not come into contact with them.
(7) Extension lamps. If a service receptacle is provided in the cab or on the bridge of cab-operated cranes, it shall be a grounded three-prong type permanent receptacle, not exceeding 300 volts.
(8) Floor operated cranes.
(a) An unobstructed aisle not less than three feet wide shall be maintained for travel of the operator except in such cases where the control handles are hung from the trolleys of traveling cranes.
(b) The handles of control ropes shall be distinctly different in contour so that, without looking, the operator will know which is the hoisting and which is the lowering handle. The direction of all movements of the crane shall be clearly indicated in some manner so that the operator can easily become familiar with them.
(c) When repairing runways, repairpersons shall place rail stops and warning signs or signals so as to protect both ends of the section to be repaired.
(d) Repairpersons shall take care to prevent loose parts from falling or being thrown upon the floor beneath.
[Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-24-23513, filed 11/22/91, effective 12/24/91; Order 73-5, 296-24-23513, filed 5/9/73 and Order 73-4, 296-24-23513, filed 5/7/73.]
(2) Automatic water spray extinguishing systems. Automatic water spray extinguishing systems shall conform to WAC 296-24-627 and shall be arranged to protect tanks, drainboards, and stock over drainboards.
(3) Automatic foam extinguishing systems. Automatic foam extinguishing systems shall conform to WAC 296-24-627 and;
(a) Foam producing material selected shall be suitable for intended use, taking into account characteristics of the dip tank liquid;
(b) Overflow pipe shall be arranged to prevent the floating away of foam and clogging overflow pipe. This may be accomplished by either of the following:
(i) Overflow pipe may be extended through tank wall and terminated in an ell pointing downward. The bottom of the overflow pipe at the point it pierces tank wall should not be over 2 inches above the opening or face of the ell.
(ii) Overflow pipe inlet may be provided with a removable screen of 1/4-inch mesh having an area at least twice the cross-sectional area of overflow pipe. Screens which may be clogged by dip tank ingredients shall be inspected and cleaned periodically.
(4) Automatic carbon dioxide systems. Automatic carbon dioxide systems shall conform to WAC 296-24-623 and shall be arranged to protect both dip tanks and drainboards and unless stock over drainboards is otherwise protected with automatic extinguishing facilities, shall also be arranged to protect such stock.
(5) Dry chemical extinguishing systems. Dry chemical extinguishing systems shall conform to WAC 296-24-622 and shall be arranged to protect both dip tanks and drainboards, and unless stock over drainboards is otherwise protected with automatic extinguishing facilities, shall also be arranged to protect such stock.
(6) Dip tank covers.
(a) Covers arranged to close automatically in the event of fire shall be actuated by approved automatic devices and shall also be arranged for manual operation.
(b) Covers shall be of substantial noncombustible material or of tin-clad type with enclosing metal applied with locked joints.
(c) Chains or wire rope shall be used for cover support or operating mechanism where the burning of a cord would interfere with the action of a device.
(d) Covers shall be kept closed when tanks are not in use.
[Statutory Authority: RCW 49.17.040 and 49.17.050. 82-02-003 (Order 81-32), 296-24-40513, filed 12/24/81; Order 73-5, 296-24-40513, filed 5/9/73 and Order 73-4, 296-24-40513, filed 5/7/73.]
(1) General.
(a) The employer shall provide at no cost to the employee and assure the use of protective clothing which complies with the requirements of this section. The employer shall assure that protective clothing ordered or purchased after January 1, 1982, meets the requirements contained in this section. As the new equipment is provided, the employer shall assure that all fire brigade members wear the equipment when performing interior structural fire fighting. After July 1, 1985, the employer shall assure that all fire brigade members wear protective clothing meeting the requirements of this section when performing interior structural fire fighting.
(b) The employer shall assure that protective clothing protects the head, body, and extremities, and consists of at least the following components: Foot and leg protection; hand protection; body protection; eye, face and head protection.
(2) Foot and leg protection.
(a) Foot and leg protection shall meet the requirements of (b) and (c) of this subsection, and may be achieved by either of the following methods:
(i) Fully extended boots which provide protection for the legs; or
(ii) Protective shoes or boots worn in combination with protective trousers that meet the requirements of subsection (3) of this section.
(b) Protective footwear shall meet the requirements of WAC
((296-24-088)) 296-800-160 for Class 75 footwear. In addition,
protective footwear shall be water-resistant for at least five
inches (12.7 cm) above the bottom of the heel and shall be
equipped with slip-resistant outer soles.
(c) Protective footwear shall be tested in accordance with WAC 296-24-63599(1) Appendix E, and shall provide protection against penetration of the midsole by a size 8D common nail when at least 300 pounds (1330 N) of static force is applied to the nail.
(3) Body protection.
(a) Body protection shall be coordinated with foot and leg protection to ensure full body protection for the wearer. This shall be achieved by one of the following methods:
(i) Wearing of a fire-resistive coat meeting the requirements of (b) of this subsection, in combination with fully extended boots meeting the requirements of subsection (2)(b) and (c) of this section; or
(ii) Wearing of fire-resistive coat in combination with protective trousers both of which meet the requirements of (b) of this subsection.
(b) The performance, construction, and testing of fire-resistive coats and protective trousers shall be at least equivalent to the requirements of the National Fire Protection Association (NFPA) standard NFPA No. 1971-1975, "Protective Clothing for Structural Fire Fighting," (see WAC 296-24-63499, Appendix D) with the following permissible variations from those requirements:
(i) Tearing strength of the outer shell shall be a minimum of eight pounds (35.6 N) in any direction when tested in accordance with WAC 296-24-63599(2), Appendix E; and
(ii) The outer shell may discolor but shall not separate or melt when placed in a forced air laboratory oven at a temperature of 500F (260C) for a period of five minutes. After cooling to ambient temperature and using the test method specified in WAC 296-24-63599(3) Appendix E, char length shall not exceed 4.0 inches (10.2 cm) and after-flame shall not exceed 2.0 seconds.
(4) Hand protection.
(a) Hand protection shall consist of protective gloves or glove system which will provide protection against cut, puncture, and heat penetration. Gloves or glove system shall be tested in accordance with the test methods contained in the National Institute for Occupational Safety and Health (NIOSH) 1976 publication, "The Development of Criteria for Fire Fighter's Gloves; Vol. II, Part II: Test Methods," (see WAC 296-24-63499, Appendix D -- Availability of publications incorporated by references in WAC 296-24-58505 -- Fire brigades) and shall meet the following criteria for cut, puncture, and heat penetration:
(i) Materials used for gloves shall resist surface cut by a blade with an edge having a 60 degree included angle and a.001 inch (.0025 cm.) radius, under an applied force of 16 lbf (72N) and at a slicing velocity of greater or equal to 60 in/min. (2.5 cm/sec);
(ii) Materials used for the palm and palm side of the fingers shall resist puncture by a penetrometer (simulating a 4d lath nail), under an applied force of 13.2 lbf (60N) and at a velocity greater or equal to 20 in/min. (.85 cm/sec); and
(iii) The temperature inside the palm and gripping surface of the fingers of gloves shall not exceed 135F (57C) when gloves or glove system are exposed to 932F (500C) for five seconds at 4 psi (28 kPa) pressure.
(b) Exterior materials of gloves shall be flame resistant and shall be tested in accordance with WAC 296-24-63599(3) Appendix E. Maximum allowable after-flame shall be 2.0 seconds, and the maximum char length shall be 4.0 inches (10.2 cm).
(c) When design of the fire-resistive coat does not otherwise provide protection for the wrists, protective gloves shall have wristlets of at least 4.0 inches (10.2 cm) in length to protect the wrist area when the arms are extended upward and outward from the body.
(5) Head, eye and face protection.
(a) Head protection shall consist of a protective head device with ear flaps and chin strap which meet the performance, construction, and testing requirements of the National Fire Safety and Research Office of the National Fire Prevention and Control Administration, United States Department of Commerce (now known as the United States Fire Administration), which are contained in, "Model Performance Criteria for Structural Fire Fighters' Helmets," (August 1977) (see WAC 296-24-63499, Appendix D).
(b) Protective eye and face devices which comply with WAC
((296-24-078)) 296-800-160 shall be used by fire brigade members
when performing operations where the hazards of flying or falling
materials which may cause eye and face injuries are present. Protective eye and face devices provided as accessories to
protective head devices (face shields) are permitted when such
devices meet the requirements of WAC ((296-24-078)) 296-800-160.
(c) Full facepieces, helmets, or hoods of breathing apparatus which meet the requirements of chapter 296-62 WAC, Part E and WAC 296-24-58515, shall be acceptable as meeting the eye and face protection requirements of (b) of this subsection.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-24-58513, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-24-58513, filed 7/20/94, effective 9/20/94; 92-23-017 (Order 92-13), 296-24-58513, filed 11/10/92, effective 12/18/92; 90-03-029 (Order 89-20), 296-24-58513, filed 1/11/90, effective 2/26/90; 88-14-108 (Order 88-11), 296-24-58513, filed 7/6/88; 87-24-051 (Order 87-24), 296-24-58513, filed 11/30/87. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-02-003 (Order 81-32), 296-24-58513, filed 12/24/81.]
(2) Prefire planning. It is suggested that prefire planning be conducted by the local fire department and/or the workplace fire brigade in order for them to be familiar with the workplace and process hazards. Involvement with the local fire department or fire prevention bureau is encouraged to facilitate coordination and cooperation between members of the fire brigade and those who might be called upon for assistance during a fire emergency.
(3) Organizational statement. In addition to the information required in the organizational statement, WAC 296-24-58507(1), it is suggested that the organizational statement also contain the following information: A description of the duties that the fire brigade members are expected to perform; the line authority of each fire brigade officer; the number of the fire brigade officers and number of training instructors; and a list and description of the types of awards or recognition that brigade members may be eligible to receive.
(4) Physical capability. The physical capability requirement applies only to those fire brigade members who perform interior structural fire fighting. Employees who cannot meet the physical capability requirement may still be members of the fire brigade as long as such employees do not perform interior structural fire fighting. It is suggested that fire brigade members who are unable to perform interior structural fire fighting be assigned less stressful and physically demanding fire brigade duties, e.g., certain types of training, recordkeeping, fire prevention inspection and maintenance, and fire pump operations.
Physically capable can be defined as being able to perform those duties specified in the training requirements of WAC 296-24-58509. Physically capable can also be determined by physical performance tests or by a physical examination when the examining physician is aware of the duties that the fire brigade member is expected to perform.
It is also recommended that fire brigade members participate in a physical fitness program. There are many benefits which can be attributed to being physically fit. It is believed that physical fitness may help to reduce the number of sprain and strain injuries as well as contributing to the improvement of the cardiovascular system.
(5) Training and education. The section on training and education does not contain specific training and education requirements because the type, amount, and frequency of training and education will be as varied as are the purposes for which fire brigades are organized. However, the section does require that training and education be commensurate with those functions that the fire brigade is expected to perform; i.e., those functions specified in the organizational statement. Such a performance requirement provides the necessary flexibility to design a training program which meets the needs of individual fire brigades.
At a minimum, hands-on training is required to be conducted annually for all fire brigade members. However, for those fire brigade members who are expected to perform interior structural fire fighting, some type of training or education session must be provided at least quarterly.
In addition to the required hands-on training, it is strongly recommended that fire brigade members receive other types of training and education such as: Classroom instruction, review of emergency action procedures, prefire planning, review of special hazards in the workplace, and practice in the use of self-contained breathing apparatus.
It is not necessary for the employer to duplicate the same training or education that a fire brigade member receives as a member of a community volunteer fire department, rescue squad, or similar organization. However, such training or education must have been provided to the fire brigade member within the past year and it must be documented that the fire brigade member has received the training or education. For example: There is no need for a fire brigade member to receive another training class in the use of positive-pressure self-contained breathing apparatus if the fire brigade member has recently completed such training as a member of a community fire department. Instead, the fire brigade member should receive training or education covering other important equipment or duties of the fire brigade as they relate to the workplace hazards, facilities and processes.
It is generally recognized that the effectiveness of fire brigade training and education depends upon the expertise of those providing the training and education as well as the motivation of the fire brigade members. Fire brigade training instructors must receive a higher level of training and education than the fire brigade members they will be teaching. This includes being more knowledgeable about the functions to be performed by the fire brigade and the hazards involved. The instructors should be qualified to train fire brigade members and demonstrate skills in communication, methods of teaching, and motivation. It is important for instructors and fire brigade members alike to be motivated toward the goal of the fire brigade and be aware of the importance of the service that they are providing for the protection of other employees and the workplace.
It is suggested that publications from the International Fire Service Training Association, the National Fire Protection Association (NFPA-1041), the International Society of Fire Service Instructors and other fire training sources be consulted for recommended qualifications of fire brigade training instructors.
In order to be effective, fire brigades must have competent leadership and supervision. It is important for those who supervise the fire brigade during emergency situations, e.g., fire brigade chiefs, leaders, etc., to receive the necessary training and education for supervising fire brigade activities during these hazardous and stressful situations. These fire brigade members with leadership responsibilities should demonstrate skills in strategy and tactics, fire suppression and prevention techniques, leadership principles, prefire planning, and safety practices. It is again suggested that fire service training sources be consulted for determining the kinds of training and education which are necessary for those with fire brigade leadership responsibilities.
It is further suggested that fire brigade leaders and fire brigade instructors receive more formalized training and education on a continuing basis by attending classes provided by such training sources as universities and university fire extension services.
The following recommendations should not be considered to be all of the necessary elements of a complete comprehensive training program, but the information may be helpful as a guide in developing a fire brigade training program.
All fire brigade members should be familiar with exit facilities and their location, emergency escape routes for handicapped workers, and the workplace "emergency action plan."
In addition, fire brigade members who are expected to control and extinguish fires in the incipient stage should, at a minimum, be trained in the use of fire extinguishers, standpipes, and other fire equipment they are assigned to use. They should also be aware of first aid medical procedures and procedures for dealing with special hazards to which they may be exposed. Training and education should include both classroom instruction and actual operation of the equipment under simulated emergency conditions. Hands-on type training must be conducted at least annually but some functions should be reviewed more often.
In addition to the above training, fire brigade members who are expected to perform emergency rescue and interior structural fire fighting should, at a minimum, be familiar with the proper techniques in rescue and fire suppression procedures. Training and education should include fire protection courses, classroom training, simulated fire situations including "wet drills" and, when feasible, extinguishment of actual mock fires. Frequency of training or education must be at least quarterly, but some drills or classroom training should be conducted as often as monthly or even weekly to maintain the proficiency of fire brigade members.
There are many excellent sources of training and education that the employer may want to use in developing a training program for the workplace fire brigade. These sources include publications, seminars, and courses offered by universities.
There are also excellent fire school courses by such facilities as Texas A and M University, Delaware State Fire School, Lamar University, and Reno Fire School, that deal with those unique hazards which may be encountered by fire brigades in the oil and chemical industry. These schools, and others, also offer excellent training courses which would be beneficial to fire brigades in other types of industries. These courses should be a continuing part of the training program, and employers are strongly encouraged to take advantage of these excellent resources.
It is also important that fire brigade members be informed about special hazards to which they may be exposed during fire and other emergencies. Such hazards as storage and use areas of flammable liquids and gases, toxic chemicals, water-reactive substances, etc., can pose difficult problems. There must be written procedures developed that describe the actions to be taken in situations involving special hazards. Fire brigade members must be trained in handling these special hazards as well as keeping abreast of any changes that occur in relation to these special hazards.
(6) Fire fighting equipment. It is important that fire fighting equipment that is in damaged or unserviceable condition be removed from service and replaced. This will prevent fire brigade members from using unsafe equipment by mistake.
Fire fighting equipment, except portable fire extinguishers and respirators, must be inspected at least annually. Portable fire extinguishers and respirators are required to be inspected at least monthly.
(7) Protective clothing.
(a) General. WAC 296-24-58513 does not require all fire brigade members to wear protective clothing. It is not the intention of these standards to require employers to provide a full ensemble of protective clothing for every fire brigade member without consideration given to the types of hazardous environments to which the fire brigade member might be exposed. It is the intention of these standards to require adequate protection for those fire brigade members who might be exposed to fires in an advanced stage, smoke, toxic gases, and high temperatures. Therefore, the protective clothing requirements only apply to those fire brigade members who perform interior structural fire fighting operations.
Additionally, the protective clothing requirements do not apply to the protective clothing worn during outside fire fighting operations (brush and forest fires, crash crew operations) or other special fire fighting activities. It is important that the protective clothing to be worn during these types of fire fighting operations reflect the hazards which are expected to be encountered by fire brigade members.
(b) Foot and leg protection. WAC 296-24-58513 permits an option to achieve foot and leg protection.
The section recognizes the interdependence of protective clothing to cover one or more parts of the body. Therefore, an option is given so that fire brigade members may meet the foot and leg requirements by either wearing long fire-resistive coats in combination with fully extended boots, or by wearing shorter fire-resistive coats in combination with protective trousers and protective shoes or shorter boots.
(c) Body protection. WAC 296-24-58513(3) provides an option for fire brigade members to achieve body protection. Fire brigade members may wear a fire-resistive coat in combination with fully extended boots, or they may wear a fire-resistive coat in combination with protective trousers.
Fire-resistive coats and protective trousers meeting all of the requirements contained in NFPA 1971-1975, "Protective Clothing for Structural Fire Fighters," are acceptable as meeting the requirements of this standard.
The lining is required to be permanently attached to the outer shell. However, it is permissible to attach the lining to the outer shell material by stitching in one area such as at the neck. Fastener tape or snap fasteners may be used to secure the rest of the lining to the outer shell to facilitate cleaning. Reference to permanent lining does not refer to a winter liner which is a detachable extra lining used to give added protection to the wearer against the effects of cold weather and wind.
(d) Hand protection. The requirements of WAC 296-24-58513(4) on hand protection may be met by protective gloves or a glove system. A glove system consists of a combination of different gloves. The usual components of a glove system consist of a pair of gloves, which provide thermal insulation to the hand, worn in combination with a second pair of gloves which provide protection against flame, cut and puncture.
It is suggested that protective gloves provide dexterity and a sense of feel for objects. Criteria and test methods for dexterity are contained in the NIOSH publications, "The Development of Criteria for Firefighters' Gloves; Vol. I: Glove Requirements," and "Vol. II: Glove Criteria and Test Methods." These NIOSH publications also contain a permissible modified version of Federal Test Method 191, Method 5903, (WAC 296-24-63599(3) Appendix E) for flame resistance when gloves, rather than glove material, are tested for flame resistance.
(e) Head, eye and face protection. Head protective devices which meet the requirements contained in NFPA No. 1972 are acceptable as meeting the requirements of this standard for head protection.
Head protective devices are required to be provided with ear flaps so that the ear flaps will be available if needed. It is recommended that ear protection always be used while fighting interior structural fires.
Many head protective devices are equipped with face shields
to protect the eyes and face. These face shields are permissible
as meeting the eye and face protection requirements of this
section as long as such face shields meet the requirements of WAC
((296-24-078)) 296-800-160 of the general safety and health
standards.
Additionally, full facepieces, helmets or hoods of approved breathing apparatus which meet the requirements of WAC 296-62-071 and 296-24-58515 are also acceptable as meeting the eye and face protection requirements.
It is recommended that a flame resistant protective head covering such as a hood or snood, which will not adversely affect the seal of a respirator facepiece, be worn during interior structural fire fighting operations to protect the sides of the face and hair.
(8) Respiratory protective devices. Respiratory protection is required to be worn by fire brigade members while working inside buildings or confined spaces where toxic products of combustion or an oxygen deficiency is likely to be present; respirators are also to be worn during emergency situations involving toxic substances. When fire brigade members respond to emergency situations, they may be exposed to unknown contaminants in unknown concentrations. Therefore, it is imperative that fire brigade members wear proper respiratory protective devices during these situations. Additionally, there are many instances where toxic products of combustion are still present during mop-up and overhaul operations. Therefore, fire brigade members should continue to wear respirators during these types of operations.
Self-contained breathing apparatus are not required to be equipped with either buddy-breathing device or a quick disconnect valve. However, these accessories may be very useful and are acceptable as long as such accessories do not cause damage to the apparatus, restrict the air flow of the apparatus, or obstruct the normal operation of the apparatus.
Buddy-breathing devices are useful for emergency situations where a victim or another fire brigade member can share the same air supply with the wearer of the apparatus for emergency escape purposes.
The employer is encouraged to provide fire brigade members with an alternative means of respiratory protection to be used only for emergency escape purposes if the self-contained breathing apparatus becomes inoperative. Such alternative means of respiratory protection may be either a buddy-breathing device or an escape self-contained breathing apparatus (ESCBA). The ESCBA is a short-duration respiratory protective device which is approved for only emergency escape purposes. It is suggested that if ESCBA units are used, that they be of at least five minutes service life.
Quick disconnect valves are devices which start the flow of air by insertion of the hose (which leads to the facepiece) into the regulator of self-contained breathing apparatus, and stop the flow of air by disconnecting the hose from the regulator. These devices are particularly useful for those positive-pressure self-contained breathing apparatus which do not have the capability of being switched from the demand to the positive-pressure mode.
The use of a self-contained breathing apparatus where the apparatus can be switched from a demand to a positive-pressure mode is acceptable as long as the apparatus is in the positive-pressure mode when performing interior structural fire fighting operations. Also acceptable are approved respiratory protective devices which have been converted to the positive-pressure type when such modification is accomplished by trained and experienced persons using kits or parts approved by NIOSH and provided by the manufacturer and by following the manufacturer's instructions.
There are situations which require the use of respirators which have a duration of two hours or more. Presently, there are no approved positive-pressure apparatus with a rated service life of more than two hours. Consequently, negative-pressure self-contained breathing apparatus with a rated service life of more than two hours and which have a minimum protection factor of 5,000 as determined by an acceptable quantitative fit test performed on each individual, will be acceptable for use during situations which require long duration apparatus. Long duration apparatus may be needed in such instances as working in tunnels, subway systems, etc. Such negative-pressure breathing apparatus will continue to be acceptable for a maximum of eighteen months after a positive-pressure apparatus with the same or longer rated service life of more than two hours is certified by NIOSH/MSHA. After this eighteen-month phase-in period, all self-contained breathing apparatus used for these long duration situations will have to be of the positive-pressure type.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-24-58517, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-24-58517, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-02-003 (Order 81-32), 296-24-58517, filed 12/24/81.]
(2) The employer shall assure that portable fire extinguishers are hydrostatically tested whenever they show new evidence of corrosion or mechanical injury.
(3) The employer shall assure that hydrostatic tests are performed on extinguisher hose assemblies which are equipped with a shut-off nozzle at the discharge end of the hose. The test interval shall be the same as specified for the extinguisher on which the hose is installed.
(4) The employer shall assure that carbon dioxide hose assemblies with a shut-off nozzle are hydrostatically tested at 1,250 psi (8,620 kPa).
(5) The employer shall assure that dry chemical and dry powder hose assemblies with a shut-off nozzle are hydrostatically tested at 300 psi (2,070 kPa).
(6) Hose assemblies passing a hydrostatic test do not require any type of recording or stamping.
(7) The employer shall assure that hose assemblies for carbon dioxide extinguishers that require a hydrostatic test are tested within a protective cage device.
(8) The employer shall assure that carbon dioxide extinguishers and nitrogen or carbon dioxide cylinders used with wheeled extinguishers are tested every five years at 5/3 of the service pressure as stamped into the cylinder. Nitrogen cylinders which comply with 29 CFR 173.34 (e)(15) may be hydrostatically tested every ten years.
(9) The employer shall assure that all stored pressure and Halon 1211 types of extinguishers are hydrostatically tested at the factory test pressure not to exceed two times the service pressure.
(10) The employer shall assure that acceptable self-generating type soda acid and foam extinguishers are tested at 350 psi (2,410 kPa).
(11) Air or gas pressure may not be used for hydrostatic testing.
(12) Extinguisher shells, cylinders, or cartridges which fail a hydrostatic pressure test, or which are not fit for testing shall be removed from service and from the workplace.
(13)(a) The equipment for testing compressed gas type cylinders shall be of the water-jacket type. The equipment shall be provided with an expansion indicator which operates with an accuracy within one percent of the total expansion or 0.1 cc (.1 mL) of liquid.
(b) The equipment for testing noncompressed gas type cylinders shall consist of the following:
(i) A hydrostatic test pump, hand or power operated, capable of producing not less than one hundred fifty percent of the test pressure, which shall include appropriate check valves and fittings;
(ii) A flexible connection for attachment to fittings to test through the extinguisher nozzle, test bonnet, or hose outlet, as is applicable; and
(iii) A protective cage or barrier for personal protection of the tester, designed to provide visual observation of the extinguisher under test.
[]
The section also addresses two kinds of work areas. The entire workplace can be divided into outside (exterior) work areas and inside (interior) work areas. This division of the workplace into two areas is done in recognition of the different types of hazards employees may be exposed to during fire fighting operations. Fires in interior workplaces, pose a greater hazard to employees; they can produce greater exposure to quantities of smoke, toxic gases, and heat because of the capability of a building or structure to contain or entrap these products of combustion until the building can be ventilated. Exterior work areas, normally open to the environment, are somewhat less hazardous, because the products of combustion are generally carried away by the thermal column of the fire. Employees also have a greater selection of evacuation routes if it is necessary to abandon fire fighting efforts.
In recognition of the degree of hazard present in the two
types of work areas, the standards for exterior work areas are
somewhat less restrictive in regards to extinguisher
distribution. WAC ((296-24-59201)) 296-800-300 explains this by
specifying which sections apply.
(2) Portable fire extinguisher exemptions. In recognition of the three options given to employers in regard to the amount of employee evacuation to be carried out, the standards permit certain exemptions based on the number of employees expected to use fire extinguishers.
Where the employer has chosen to totally evacuate the workplace at the time of a fire emergency and when fire extinguishers are not provided, the requirements of this section do not apply to that workplace.
Where the employer has chosen to partially evacuate the workplace or the effected area at the time of a fire emergency and has permitted certain designated employees to remain behind to operate critical plant operations or to fight fires with extinguishers, then the employer is exempt from the distribution requirements of this section. Employees who will be remaining behind to perform incipient fire fighting or members of a fire brigade must be trained in their duties. The training must result in the employees becoming familiar with the locations of fire extinguishers. Therefore, the employer must locate the extinguishers in convenient locations where the employees know they can be found. For example, they could be mounted in the fire truck or cart that the fire brigade uses when it responds to a fire emergency. They can also be distributed as set forth in the National Fire Protection Association's Standard No. 10, "Portable Fire Extinguishers."
Where the employer has decided to permit all employees in the workplace to use fire extinguishers, then the entire WISHA standard applies.
(3) Portable fire extinguisher mounting. Previous standards for mounting fire extinguishers have been criticized for requiring specific mounting locations. In recognition of this criticism, the standard has been rewritten to permit as much flexibility in extinguisher mounting as is acceptable to assure that fire extinguishers are available when needed and that employees are not subjected to injury hazards when they try to obtain an extinguisher.
It is the intent of WISHA to permit the mounting of extinguishers in any location that is accessible to employees without the use of portable devices such as a ladder. This limitation is necessary because portable devices can be moved or taken from the place where they are needed and, therefore, might not be available at the time of an emergency.
Employers are given as much flexibility as possible to assure that employees can obtain extinguishers as fast as possible. For example, an acceptable method of mounting extinguishers in areas where fork lift trucks or tow-motors are used is to mount the units on retractable board which, by means of counterweighting, can be raised above the level where they could be struck by vehicular traffic. When needed, they can be lowered quickly for use. This method of mounting can also reduce vandalism and unauthorized use of extinguishers. The extinguishers may also be mounted as outlined in the National Fire Protection Association's Standard No. 10, "Portable Fire Extinguishers."
(4) Selection and distribution. The employer is responsible for the proper selection and distribution of fire extinguishers and the determination of the necessary degree of protection. The selection and distribution of fire extinguishers must reflect the type and class of fire hazards associated with a particular workplace.
Extinguishers for protecting Class A hazards may be selected from the following types: Water, foam, loaded stream, or multipurpose dry chemical. Extinguishers for protecting Class B hazards may be selected from the following types: Halon 1301, Halon 1211, carbon dioxide, dry chemicals, foam, or loaded stream. Extinguishers for Class C hazards may be selected from the following types: Halon 1301, Halon 1211, carbon dioxide, or dry chemical.
Combustible metal (Class D hazards) fires pose a different type of fire problem in the workplace. Extinguishers using water, gas, or certain dry chemicals cannot extinguish or control this type of fire. Therefore, certain metals have specific dry powder extinguishing agents which can extinguish or control this type of fire. Those agents which have been specifically approved for use on certain metal fires provide the best protection; however, there are also some "universal" type agents which can be used effectively on a variety of combustible metal fires if necessary. The "universal" type agents include: Foundry flux, Lith-X powder, TMB liquid, pyromet powder, TEC powder, dry talc, dry graphite powder, dry sand, dry sodium chloride, dry soda ash, lithium chloride, zirconium silicate, and dry dolomite.
Water is not generally accepted as an effective extinguishing agent for metal fires. When applied to hot burning metal, water will break down into its basic atoms of oxygen and hydrogen. This chemical breakdown contributes to the combustion of the metal. However, water is also a good universal coolant and can be used on some combustible metals, but only under proper conditions and application, to reduce the temperature of the burning metal below the ignition point. For example, automatic deluge systems in magnesium plants can discharge such large quantities of water on burning magnesium that the fire will be extinguished. The National Fire Protection Association has specific standards for this type of automatic sprinkler system. Further information on the control of metal fires with water can be found in the National Fire Protection Association's Fire Protection Handbook.
An excellent source of selection and distribution criteria is found in the National Fire Protection Association's Standard No. 10. Other sources of information include the National Safety Council and the employer's fire insurance carrier.
(5) Substitution of standpipe systems for portable fire extinguishers. The employer is permitted to substitute acceptable standpipe systems for portable fire extinguishers under certain circumstances. It is necessary to assure that any substitution will provide the same coverage that portable units provide. This means that fire hoses, because of their limited portability, must be spaced throughout the protected area so that they can reach around obstructions such as columns, machinery, etc., and so that they can reach into closets and other enclosed areas.
(6) Inspection, maintenance and testing. The ultimate responsibility for the inspection, maintenance and testing of portable fire extinguishers lies with the employer. The actual inspection, maintenance, and testing may, however, be conducted by outside contractors with whom the employer has arranged to do the work. When contracting for such work, the employer should assure that the contractor is capable of performing the work that is needed to comply with this standard.
If the employer should elect to perform the inspection, maintenance, and testing requirements of this section in-house, then the employer must make sure that those persons doing the work have been trained to do the work and to recognize problem areas which could cause an extinguisher to be inoperable. The National Fire Protection Association provides excellent guidelines in its standard for portable fire extinguishers. The employer may also check with the manufacturer of the unit that has been purchased and obtain guidelines on inspection, maintenance, and testing. Hydrostatic testing is a process that should be left to contractors or individuals using suitable facilities and having the training necessary to perform the work.
Any time the employer has removed an extinguisher from service to be checked or repaired, alternate equivalent protection must be provided. Alternate equivalent protection could include replacing the extinguisher with one or more units having equivalent or equal ratings, posting a fire watch, restricting the unprotected area from employee exposure, or providing a hose system ready to operate.
(7) Hydrostatic testing. As stated before, the employer may contract for hydrostatic testing. However, if the employer wishes to provide the testing service, certain equipment and facilities must be available. Employees should be made aware of the hazards associated with hydrostatic testing and the importance of using proper guards and water pressures. Severe injury can result if extinguisher shells fail violently under hydrostatic pressure.
Employers are encouraged to use contractors who can perform adequate and reliable service. Firms which have been certified by the Materials Transportation Board (MTB) of the United States Department of Transportation (DOT), or state licensed extinguisher servicing firms, or recognized by the National Association of Fire Equipment Distributors in Chicago, Illinois, are generally acceptable for performing this service.
(8) Training and education. This part of the standard is of the utmost importance to employers and employees if the risk of injury or death due to extinguisher use is to be reduced. If an employer is going to permit an employee to fight a workplace fire of any size, the employer must make sure that the employee knows everything necessary to assure the employee's safety.
Training and education can be obtained through many channels. Often, local fire departments in larger cities have fire prevention bureaus or similar organizations which can provide basic fire prevention training programs. Fire insurance companies will have data and information available. The National Fire Protection Association and the National Safety Council will provide, at a small cost, publications that can be used in a fire prevention program.
Actual fire fighting training can be obtained from various sources in the country. The Texas A and M University, the University of Maryland's Fire and Rescue Institute, West Virginia University's Fire Service Extension, Iowa State University's Fire Service Extension and other state training schools and land grant colleges have fire fighting programs directed to industrial applications. Some manufacturers of extinguishers, such as the Ansul Company and Safety First, conduct fire schools for customers in the proper use of extinguishers. Several large corporations have taken time to develop their own on-site training programs which expose employees to the actual "feeling" of fire fighting. Simulated fires for training of employees in the proper use of extinguishers are also an acceptable part of a training program.
In meeting the requirements of this section, the employer may also provide educational materials, without classroom instruction, through the use of employee notice campaigns using instruction sheets or flyers or similar types of informal programs. The employer must make sure that employees are trained and educated to recognize not only what type of fire is being fought and how to fight it, but also when it is time to get away from it and leave fire suppression to more experienced fire fighters.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-24-59215, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-02-003 (Order 81-32), 296-24-59215, filed 12/24/81.]
(a) All portable, power-driven circular saws having a blade diameter greater than 2 in. shall be equipped with guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts. The lower guard shall cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall automatically and instantly return to covering position.
(b) (1)(a) of this section does not apply to circular saws used in the meat industry for meat cutting purposes.
(2) Switches and controls.
(a) All hand-held powered circular saws having a blade diameter-greater than 2 inches, electric, hydraulic or pneumatic chain saws, and percussion tools without positive accessory holding means shall be equipped with a constant pressure switch or control that will shut off the power when the pressure is released. All hand-held gasoline powered chain saws shall be equipped with a constant pressure throttle control that will shut off the power to the saw chain when the pressure is released.
(b) All hand-held powered drills, tappers, fastener drivers, horizontal, vertical, and angle grinders with wheels greater than 2 inches in diameter, disc sanders with discs greater than 2 inches in diameter, belt sanders, reciprocating saws, saber, scroll, and jig saws with blade shanks greater than a nominal one-fourth inch, and other similarly operating powered tools shall be equipped with a constant pressure switch or control and may have a lock-on control provided that turnoff can be accomplished by a single motion of the same finger or fingers that turn it on.
(c) All other hand-held powered tools, such as, but not limited to, platen sanders, grinders with wheels 2 inches in diameter or less, disc sanders with discs 2 inches in diameter or less, routers, planers, laminate trimmers, nibblers, shears, saber, scroll, and jig saws with blade shanks a nominal one-fourth of an inch wide or less, may be equipped with either a positive "on-off" control, or other controls as described by (2)(a) and (b) of this section.
(i) Saber, scroll, and jig saws with nonstandard blade holders may use blades with shanks which are nonuniform in width, provided the narrowest portion of the blade shank is an integral part in mounting the blade.
(ii) Blade shank width shall be measured at the narrowest portion of the blade shank when saber, scroll, and jig saws have nonstandard blade holders.
(iii) "Nominal" in this section means +0.05 inch.
(d) The operating control on hand-held power tools shall be so located as to minimize the possibility of its accidental operation, if such accidental operation would constitute a hazard to employees.
(e) This subdivision does not apply to concrete vibrators, concrete breakers, powered tampers, jack hammers, rock drills, garden appliances, household and kitchen appliances, personal care appliances, medical or dental equipment, or to fixed machinery.
(3) Portable belt sanding machines. Belt sanding machines shall be provided with guards at each nip point where the sanding belt runs onto a pulley. These guards shall effectively prevent the hands or fingers of the operator from coming in contact with the nip points. The unused run of the sanding belt shall be guarded against accidental contact.
(4) Cracked saws. All cracked saws shall be removed from service.
(5) Grounding. Portable electric powered tools shall meet the electrical requirements of chapter 296-24 WAC Part L, and WAC 296-800-280.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-24-65501, filed 7/20/94, effective 9/20/94; 91-24-017 (Order 91-07), 296-24-65501, filed 11/22/91, effective 12/24/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 43.22 and 42.30 RCW. 80-17-015 (Order 80-21), 296-24-65501, filed 11/13/80; Order 74-27, 296-24-65501, filed 5/7/74; Order 73-5, 296-24-65501, filed 5/9/73 and Order 73-4, 296-24-65501, filed 5/7/73.]
(2) Abrasive-blasting respirators. Abrasive-blasting respirators must be worn by all abrasive-blasting operators in the following situations: (a) When working inside of blast cleaning rooms, or (b) when using silica sand in manual blasting operations except where the nozzle and blast are physically separated from the operator in an exhaust ventilated enclosure, or (c) where concentrations of toxic dusts dispersed by the abrasive blasting may exceed the limits set in chapter 296-62 WAC, Part E except where the nozzle and blast are physically separated from the operator in an exhaust-ventilated enclosure.
(3) Particulate-filter respirators.
(a) Properly fitted particulate-filter respirators, commonly referred to as dust-filter respirators, may be used for short, intermittent, or occasional dust exposures such as clean-up, dumping of dust collectors, or unloading shipments of sand at a receiving point when it is not feasible to control the dust by enclosure, exhaust ventilation, or other means.
(b) Dust-filter respirators may also be used to protect the operator of outside (outdoor) abrasive-blasting operations where nonsilica abrasives are used on materials having low toxicity.
| Note: | The selection of a dust-filter respirator depends on the amount of dust in the breathing zone of the user. See WAC 296-62-07113 - Table 5. |
(d) Dust-filter respirators must be properly fitted as required in chapter 296-62 WAC, Part E.
(e) Dust-filter respirators must not be used for continuous protection where silica sand is used as the blasting abrasive, or when toxic materials are blasted.
(4) A respiratory protection program as required in chapter 296-62 WAC, Part E must be established wherever it is necessary to use respirators.
(5) Personal protective clothing.
(a) Operators must be equipped with heavy canvas or leather gloves and aprons or equivalent protection to protect them from the impact of abrasives.
(b) Safety shoes must be worn where there is a hazard of foot injury.
(c) Equipment for protection of the eyes and face must be supplied to the operator and to other personnel working near abrasive blasting operations when the respirator design does not provide such protection.
(6) Personal protective clothing, equipment and their use
must comply with WAC ((296-24-075 (Part A2))) 296-800-160.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-24-67515, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, 296-24-67515, filed 12/26/97, effective 3/1/98. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-24-67515, filed 7/20/94, effective 9/20/94; Order 73-5, 296-24-67515, filed 5/9/73 and Order 73-4, 296-24-67515, filed 5/7/73.]
| Note: | Assurance of consideration of safety in design is obtainable by choosing apparatus complying with the Requirements for Electric Arc-Welding Apparatus, NEMA EW-1-1962, National Electrical Manufacturers Association or the Safety Standard for Transformer-Type Arc-Welding Machines, ANSI C33.2-1956, Underwriters' Laboratories. |
(a) Standard machines for arc welding service shall be designed and constructed to carry their rated load with rated temperature rises where the temperature of the cooling air does not exceed 40C (104F) and where the altitude does not exceed 3,300 feet, and shall be suitable for operation in atmospheres containing gases, dust, and light rays produced by the welding arc.
(b) Unusual service conditions may exist, and in such circumstances machines shall be especially designed to safely meet the requirements of the service. Chief among these conditions are exposure to:
(i) Unusually corrosive fumes.
(ii) Steam or excessive humidity.
(iii) Excessive oil vapor.
(iv) Flammable gases.
(v) Abnormal vibration or shock.
(vi) Excessive dust.
(vii) Weather.
(viii) Unusual seacoast or shipboard conditions.
(2) Voltage. Open circuit (no load) voltages of arc welding and cutting machines should be as low as possible consistent with satisfactory welding or cutting being done. The following limits shall not be exceeded:
(a) Alternating-current machines.
(i) Manual arc welding and cutting -- 80 volts.
(ii) Automatic (machine or mechanized) arc welding and cutting -- 100 volts.
(b) Direct-current machines.
(i) Manual arc welding and cutting -- 100 volts.
(ii) Automatic (machine or mechanized) arc welding and cutting -- 100 volts.
(c) When special welding and cutting processes require values of open circuit voltages higher than the above, means shall be provided to prevent the operator from making accidental contact with the high voltage by adequate insulation or other means.
| Note: | For a.c. welding under wet conditions or warm surroundings where perspiration is a factor, the use of reliable automatic controls for reducing no load voltage is recommended to reduce the shock hazard. |
(a) A controller integrally mounted in an electric motor driven welder shall have capacity for carrying rated motor current, shall be capable of making and interrupting stalled rotor current of the motor, and may serve as the running overcurrent device if provided with the number of over-current units as specified by chapter 296-24 WAC Part L, and WAC 296-800-280. Starters with magnetic undervoltage release should be used with machines installed more than one to a circuit to prevent circuit overload caused by simultaneously starting of several motors upon return of voltage.
(b) On all types of arc welding machines, control apparatus shall be enclosed except for the operating wheels, levers, or handles.
| Note: | Control handles and wheels should be large enough to be easily grasped by a gloved hand. |
(d) Terminals for welding leads should be protected from accidental electrical contact by employees or by metal objects i.e., vehicles, crane hooks, etc. Protection may be obtained by use of: Dead-front receptacles for plug connections; recessed openings with nonremovable hinged covers; heavy insulating sleeving or taping or other equivalent electrical and mechanical protection. If a welding lead terminal which is intended to be used exclusively for connection to the work is connected to the grounded enclosure, it must be done by a conductor at least two AWG sizes smaller than the grounding conductor and the terminal shall be marked to indicate that it is grounded.
(e) No connections for portable control devices such as push buttons to be carried by the operator shall be connected to an a.c. circuit of higher than 120 volts. Exposed metal parts of portable control devices operating on circuits above 50 volts shall be grounded by a grounding conductor in the control cable.
(f) Auto transformers or a.c. reactors shall not be used to draw welding current directly from any a.c. power source having a voltage exceeding 80 volts.
[Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-24-68503, filed 11/22/91, effective 12/24/91; Order 73-5, 296-24-68503, filed 5/9/73 and Order 73-4, 296-24-68503, filed 5/7/73.]
(2) Grounding.
(a) The frame or case of the welding machine (except engine-driven machines) shall be grounded under the conditions and according to the methods prescribed in chapter 296-24 WAC Part L, and WAC 296-800-280.
(b) Conduits containing electrical conductors shall not be used for completing a work-lead circuit. Pipelines shall not be used as a permanent part of a work-lead circuit, but may be used during construction, extension or repair providing current is not carried through threaded joints, flanged bolted joints, or caulked joints and that special precautions are used to avoid sparking at connection of the work-lead cable.
(c) Chains, wire ropes, cranes, hoists, and elevators shall not be used to carry welding current.
(d) Where a structure, conveyor, or fixture is regularly employed as a welding current return circuit, joints shall be bonded or provided with adequate current collecting devices and appropriate periodic inspection should be conducted to ascertain that no condition of electrolysis or shock, or fire hazard exists by virtue of such use.
(e) All ground connections shall be checked to determine that they are mechanically strong and electrically adequate for the required current.
(3) Supply connections and conductors.
(a) A disconnecting switch or controller shall be provided at or near each welding machine which is not equipped with such a switch or controller mounted as an integral part of the machine. The switch shall be according to chapter 296-24 WAC Part L, and WAC 296-800-280. Overcurrent protection shall be provided as specified in chapter 296-24 WAC Part L, and WAC 296-800-280. A disconnect switch with overload protection or equivalent disconnect and protection means, permitted by chapter 296-24 WAC Part L, and WAC 296-800-280, shall be provided for each outlet intended for connection to a portable welding machine.
(b) For individual welding machines, the rated current-carrying capacity of the supply conductors shall be not less than the rated primary current of the welding machines.
(c) For groups of welding machines, the rated current-carrying capacity of conductors may be less than the sum of the rated primary currents of the welding machines supplied. The conductor rating shall be determined in each case according to the machine loading based on the use to be made of each welding machine and the allowance permissible in the event that all the welding machines supplied by the conductors will not be in use at the same time.
(d) In operations involving several welders on one structure, d.c. welding process requirements may require the use of both polarities; or supply circuit limitations for a.c. welding may require distribution of machines among the phases of the supply circuit. In such cases no load voltages between electrode holders will be 2 times normal in d.c. or 1, 1.4, 1.73, or 2 times normal on a.c. machines. Similar voltage differences will exist if both a.c. and d.c. welding are done on the same structure.
(i) All d.c. machines shall be connected with the same polarity.
(ii) All a.c. machines shall be connected to the same phase of the supply circuit and with the same instantaneous polarity.
[Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-24-68505, filed 11/22/91, effective 12/24/91; Order 73-5, 296-24-68505, filed 5/9/73 and Order 73-4, 296-24-68505, filed 5/7/73.]
(2) Thermal protection. Ignitron tubes used in resistance welding equipment shall be equipped with a thermal protection switch.
(3) Personnel. Workers designated to operate resistance welding equipment shall have been properly instructed and judged competent to operate such equipment.
(4) Guarding. Controls of all automatic or air and hydraulic clamps shall be arranged or guarded to prevent the operator from accidentally activating them.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-24-69001, filed 7/20/94, effective 9/20/94; 91-24-017 (Order 91-07), 296-24-69001, filed 11/22/91, effective 12/24/91; Order 73-5, 296-24-69001, filed 5/9/73 and Order 73-4, 296-24-69001, filed 5/7/73.]
(2) Specified protective clothing. Protective means which may be employed are as follows:
(a) Except when engaged in light work, all welders should wear flameproof gauntlet gloves.
(b) Flameproof aprons made of leather, asbestos, or other suitable material may also be desirable as protection against radiated heat and sparks.
(c) Woolen clothing preferable to cotton because it is not so readily ignited and helps protect the welder from changes in temperature. Cotton clothing, if used, should be chemically treated to reduce its combustibility. All outer clothing such as jumpers or overalls should be reasonably free from oil or grease.
(d) Sparks may lodge in rolled-up sleeves or pockets of clothing, or cuffs of overalls or trousers. It is therefore recommended that sleeves and collars be kept buttoned and pockets be eliminated from the front of overalls and aprons. Trousers or overalls should not be turned up on the outside.
| Note: | For heavy work, fire-resistant leggings, high boots, or other equivalent means should be used. |
(f) Capes or shoulder covers made of leather or other suitable materials should be worn during overhead welding or cutting operations. Leather skull caps may be worn under helmets to prevent head burns.
(g) For overhead welding and cutting, or welding and cutting in extremely confined spaces, ear protection is sometimes desirable.
(h) Where there is exposure to sharp or heavy falling objects, or a hazard of bumping in confined spaces, hard hats or head protectors shall be used.
[Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-24-70005, filed 9/30/94, effective 11/20/94; Order 73-5, 296-24-70005, filed 5/9/73 and Order 73-4, 296-24-70005, filed 5/7/73.]
(a) Identification of conductors. A conductor used as a grounded conductor shall be identifiable and distinguishable from all other conductors. A conductor used as an equipment grounding conductor shall be identifiable and distinguishable from all other conductors.
(b) Polarity of connections. No grounded conductor may be attached to any terminal or lead so as to reverse designated polarity.
(c) Use of grounding terminals and devices. A grounding terminal or grounding-type device on a receptacle, cord connector, or attachment plug may not be used for purposes other than grounding.
(2) Outlet devices. Outlet devices shall have an ampere rating not less than the load to be served.
(3) Outside conductors, 600 volts, nominal, or less. Subdivisions (a), (b), (c) and (d) of this subsection apply to branch circuit, feeder, and service conductors rated 600 volts, nominal, or less and run outdoors as open conductors. Subdivision (e) of this subsection applies to lamps installed under such conductors.
(a) Conductors on poles. Conductors supported on poles shall provide a horizontal climbing space not less than the following:
(i) Power conductors below communication conductors -- 30 inches.
(ii) Power conductors alone or above communication conductors: 300 volts or less -- 24 inches; more than 300 volts -- 30 inches.
(iii) Communication conductors below power conductors with power conductors 300 volts or less -- 24 inches; more than 300 volts -- 30 inches.
(b) Clearance from ground. Open conductors shall conform to the following minimum clearances:
(i) 10 feet -- above finished grade, sidewalks, or from any platform or projection from which they might be reached.
(ii) 12 feet -- over areas subject to vehicular traffic other than truck traffic.
(iii) 15 feet -- over areas other than those specified in item (b)(iv) of this subsection that are subject to truck traffic.
(iv) 18 feet -- over public streets, alleys, roads, and driveways.
(c) Clearance from building openings. Conductors shall have a clearance of at least 3 feet from windows, doors, porches, fire escapes, or similar locations. Conductors run above the top level of a window are considered to be out of reach from that window and, therefore, do not have to be 3 feet away.
(d) Clearance over roofs. Conductors shall have a clearance of not less than 8 feet from the highest point of roofs over which they pass, except that:
(i) Where the voltage between conductors is 300 volts or less and the roof has a slope of not less than 4 inches in 12, the clearance from the roofs shall be at least 3 feet; or
(ii) Where the voltage between conductors is 300 volts or less and the conductors do not pass over more than 4 feet of the overhang portion of the roof and they are terminated at a through-the-roof raceway or approved support, the clearance from the roofs shall be at least 18 inches.
(e) Location of outdoor lamps. Lamps for outdoor lighting shall be located below all live conductors, transformers, or other electric equipment, unless such equipment is controlled by a disconnecting means that can be locked in the open position or unless adequate clearances or other safeguards are provided for relamping operations.
(4) Services.
(a) Disconnecting means.
(i) General. Means shall be provided to disconnect all conductors in a building or other structure from the service-entrance conductors. The disconnecting means shall plainly indicate whether it is in the open or closed position and shall be installed at a readily accessible location nearest the point of entrance of the service-entrance conductors.
(ii) Simultaneous opening of poles. Each service disconnecting means shall simultaneously disconnect all ungrounded conductors.
(b) Services over 600 volts, nominal. The following additional requirements apply to services over 600 volts, nominal.
(i) Guarding. Service-entrance conductors installed as open wires shall be guarded to make them accessible only to qualified persons.
(ii) Warning signs. Signs warning of high voltage shall be posted where other than qualified employees might come in contact with live parts.
(5) Overcurrent protection.
(((a) 600 volts, nominal, or less. The following
requirements apply to overcurrent protection of circuits rated
600 volts, nominal, or less.
(i) Protection of conductors and equipment. Conductors and equipment shall be protected from overcurrent in accordance with their ability to safely conduct current.
(ii) Grounded conductors. Except for motor running overload protection, overcurrent devices may not interrupt the continuity of the grounded conductor unless all conductors of the circuit are opened simultaneously.
(iii) Disconnection of fuses and thermal cutouts. Except for service fuses, all cartridge fuses which are accessible to other than qualified persons and all fuses and thermal cutouts on circuits over 150 volts to ground shall be provided with disconnecting means. This disconnecting means shall be installed so that the fuse or thermal cutout can be disconnected from its supply without disrupting service to equipment and circuits unrelated to those protected by the overcurrent device.
(iv) Location in or on premises. Overcurrent devices shall be readily accessible to each employee or authorized building management personnel. These overcurrent devices may not be located where they will be exposed to physical damage nor in the vicinity of easily ignitible material.
(v) Arcing or suddenly moving parts. Fuses and circuit breakers shall be so located or shielded that employees will not be burned or otherwise injured by their operation.
(vi) Circuit breakers.
(A) Circuit breakers shall clearly indicate whether they are in the open (off) or closed (on) position.
(B) Where circuit breaker handles on switchboards are operated vertically rather than horizontally or rotationally, the up position of the handle shall be the closed (on) position. (See WAC 296-24-95603 (2)(c).)
(C) If used as switches in 120-volt, fluorescent lighting circuits, circuit breakers shall be approved for the purpose and marked "SWD." (See WAC 296-24-95603 (2)(c).)
(b))) Over 600 volts, nominal. Feeders and branch circuits over 600 volts, nominal, shall have short-circuit protection.
(6) Grounding. Subdivisions (a) through (g) of this subsection contain grounding requirements for systems, circuits, and equipment.
(a) Systems to be grounded. The following systems which supply premises wiring shall be grounded:
(i) All 3-wire DC systems shall have their neutral conductor grounded.
(ii) Two-wire DC systems operating at over 50 volts through 300 volts between conductors shall be grounded unless:
(A) They supply only industrial equipment in limited areas and are equipped with a ground detector; or
(B) They are rectifier-derived from an AC system complying with items (a)(iii), (a)(iv), and (a)(v) of this subsection; or
(C) They are fire-protective signaling circuits having a maximum current of 0.030 amperes.
(iii) AC circuits of less than 50 volts shall be grounded if they are installed as overhead conductors outside of buildings or if they are supplied by transformers and the transformer primary supply system is ungrounded or exceeds 150 volts to ground.
(iv) AC systems of 50 volts to 1000 volts shall be grounded under any of the following conditions, unless exempted by item (a)(v) of this subsection:
(A) If the system can be so grounded that the maximum voltage to ground on the ungrounded conductors does not exceed 150 volts;
(B) If the system is nominally rated 480Y/277 volt, 3-phase, 4-wire in which the neutral is used as a circuit conductor;
(C) If the system is nominally rated 240/120 volt, 3-phase, 4-wire in which the midpoint of one phase is used as a circuit conductor; or
(D) If a service conductor is uninsulated.
(v) AC systems of 50 volts to 1000 volts are not required to be grounded under any of the following conditions:
(A) If the system is used exclusively to supply industrial electric furnaces for melting, refining, tempering, and the like.
(B) If the system is separately derived and is used exclusively for rectifiers supplying only adjustable speed industrial drives.
(C) If the system is separately derived and is supplied by a transformer that has a primary voltage rating less than 1000 volts, provided all of the following conditions are met:
(I) The system is used exclusively for control circuits;
(II) The conditions of maintenance and supervision assure that only qualified persons will service the installation;
(III) Continuity of control power is required; and
(IV) Ground detectors are installed on the control system.
(D) If the system is an isolated power system that supplies circuits in health care facilities.
(b) Conductors to be grounded. For AC premises wiring systems the identified conductor shall be grounded.
(c) Grounding connections.
(i) For a grounded system, a grounding electrode conductor shall be used to connect both the equipment grounding conductor and the grounded circuit conductor to the grounding electrode. Both the equipment grounding conductor and the grounding electrode conductor shall be connected to the grounded circuit conductor on the supply side of the service disconnecting means, or on the supply side of the system disconnecting means or overcurrent devices if the system is separately derived.
(ii) For an ungrounded service-supplied system, the equipment grounding conductor shall be connected to the grounding electrode conductor at the service equipment. For an ungrounded separately derived system, the equipment grounding conductor shall be connected to the grounding electrode conductor at, or ahead of, the system disconnecting means or overcurrent devices.
(iii) On extensions of existing branch circuits which do not have an equipment grounding conductor, grounding-type receptacles may be grounded to a grounded cold water pipe near the equipment.
(d) Grounding path. The path to ground from circuits, equipment, and enclosures shall be permanent and continuous.
(e) Supports, enclosures, and equipment to be grounded.
(i) Supports and enclosures for conductors. Metal cable trays, metal raceways, and metal enclosures for conductors shall be grounded, except that:
(A) Metal enclosures such as sleeves that are used to protect cable assemblies from physical damage need not be grounded; or
(B) Metal enclosures for conductors added to existing installations of open wire, knob-and-tube wiring, and nonmetallic-sheathed cable need not be grounded if all of the following conditions are met:
(I) Runs are less than 25 feet;
(II) Enclosures are free from probable contact with ground, grounded metal, metal laths, or other conductive materials; and
(III) Enclosures are guarded against employee contact.
(ii) Service equipment enclosures. Metal enclosures for service equipment shall be grounded.
(iii) Frames of ranges and clothes dryers. Frames of electric ranges, wall-mounted ovens, counter-mounted cooking units, clothes dryers, and metal outlet or junction boxes which are part of the circuit for these appliances shall be grounded.
(iv) Fixed equipment. Exposed noncurrent-carrying metal parts of fixed equipment which may become energized shall be grounded under any of the following conditions:
(A) If within 8 feet vertically or 5 feet horizontally of ground or grounded metal objects and subject to employee contact.
(B) If located in a wet or damp location and not isolated.
(C) If in electrical contact with metal.
(D) If in a hazardous (classified) location.
(E) If supplied by a metal-clad, metal-sheathed, or grounded metal raceway wiring method.
(F) If equipment operates with any terminal at over 150 volts to the ground; however, the following need not be grounded:
(I) Enclosures for switches or circuit breakers used for other than service equipment and accessible to qualified persons only;
(II) Metal frames of electrically heated appliances which are permanently and effectively insulated from ground; and
(III) The cases of distribution apparatus such as transformers and capacitors mounted on wooden poles at a height exceeding 8 feet above ground or grade level.
(v) Equipment connected by cord and plug. Under any of the conditions described in subitems (e)(v)(A) through (e)(v)(C) of this subsection, exposed noncurrent-carrying metal parts of cord-connected and plug-connected equipment which may become energized shall be grounded.
(A) If in hazardous (classified) locations (see WAC 296-24-95613).
(B) If operated at over 150 volts to ground, except for guarded motors and metal frames of electrically heated appliances if the appliance frames are permanently and effectively insulated from ground.
(C) If the equipment is of the following types:
(I) Refrigerators, freezers, and air conditioners;
(II) Clothes-washing, clothes-drying and dishwashing machines, sump pumps, and electrical aquarium equipment;
(III) Hand-held motor-operated tools;
(IV) Motor-operated appliances of the following types: Hedge clippers, lawn mowers, snow blowers, and wet scrubbers;
(V) Cord-connected and plug-connected appliances used in damp or wet locations or by employees standing on the ground or on metal floors or working inside of metal tanks or boilers;
(VI) Portable and mobile x-ray and associated equipment;
(VII) Tools likely to be used in wet and conductive locations; and
(VIII) Portable hand lamps. Tools likely to be used in wet and conductive locations need not be grounded if supplied through an isolating transformer with an ungrounded secondary of not over 50 volts. Listed or labeled portable tools and appliances protected by an approved system of double insulation, or its equivalent, need not be grounded. If such a system is employed, the equipment shall be distinctively marked to indicate that the tool or appliance utilizes an approved system of double insulation.
(vi) Nonelectrical equipment. The metal parts of the following nonelectrical equipment shall be grounded: Frames and tracks of electrically operated cranes; frames of nonelectrically driven elevator cars to which electric conductors are attached; hand operated metal shifting ropes or cables of electric elevators, and metal partitions, grill work, and similar metal enclosures around equipment of over 750 volts between conductors.
(f) Methods of grounding fixed equipment.
(i) Noncurrent-carrying metal parts of fixed equipment, if required to be grounded by this section, shall be grounded by an equipment grounding conductor which is contained within the same raceway, cable, or cord, or runs with or encloses the circuit conductors. For DC circuits only, the equipment grounding conductor may be run separately from the circuit conductors.
(ii) Electric equipment is considered to be effectively grounded if it is secured to, and in electrical contact with, a metal rack or structure that is provided for its support and the metal rack or structure is grounded by the method specified for the noncurrent-carrying metal parts of fixed equipment in item (f)(i) of this subsection. For installations made before May 30, 1982, only, electric equipment is also considered to be effectively grounded if it is secured to, and in metallic contact with, the grounded structural metal frame of a building. Metal car frames supported by metal hoisting cables attached to or running over metal sheaves or drums of grounded elevator machines are also considered to be effectively grounded.
(g) Grounding of systems and circuits of 1000 volts and over (high voltage).
(i) General. If high voltage systems are grounded, they shall comply with all applicable provisions of subdivisions (a) through (f) of this subsection as supplemented and modified by the subdivision (g) of this subsection.
(ii) Grounding of systems supplying portable or mobile equipment. (See WAC 296-24-95603 (2)(c) and 296-800-280.) Systems supplying portable or mobile high voltage equipment, other than substations installed on a temporary basis, shall comply with the following:
(A) Portable and mobile high voltage equipment shall be supplied from a system having its neutral grounded through an impedance. If a delta-connected high voltage system is used to supply the equipment, a system neutral shall be derived.
(B) Exposed noncurrent-carrying metal parts of portable and mobile equipment shall be connected by an equipment grounding conductor to the point at which the system neutral impedance is grounded.
(C) Ground-fault detection and relaying shall be provided to automatically deenergize any high voltage system component which has developed a ground fault. The continuity of the equipment grounding conductor shall be continuously monitored so as to deenergize automatically the high voltage feeder to the portable equipment upon loss of continuity of the equipment grounding conductor.
(D) The grounding electrode to which the portable or mobile equipment system neutral impedance is connected shall be isolated from and separated in the ground by at least 20 feet from any other system or equipment grounding electrode, and there shall be no direct connection between the grounding electrodes, such as buried pipe, fence, etc.
(iii) Grounding of equipment. All noncurrent-carrying metal parts of portable equipment and fixed equipment including their associated fences, housings, enclosures, and supporting structures shall be grounded. However, equipment which is guarded by location and isolated from ground need not be grounded. Additionally, pole-mounted distribution apparatus at a height exceeding 8 feet above ground or grade level need not be grounded.
[Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-24-95607, filed 11/22/91, effective 12/24/91; 87-24-051 (Order 87-24), 296-24-95607, filed 11/30/87. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-08-026 (Order 82-10), 296-24-95607, filed 3/30/82.]
The following sections of the Washington Administrative Code are repealed:
| WAC 296-24-007 | Incorporation of standards of national organization. |
| WAC 296-24-008 | Incorporation of standards of federal agency. |
| WAC 296-24-010 | Variance and procedure. |
| WAC 296-24-015 | Education and first-aid standards. |
| WAC 296-24-020 | Management's responsibility. |
| WAC 296-24-025 | Employee's responsibility. |
| WAC 296-24-040 | Accident prevention programs. |
| WAC 296-24-045 | Safety and health committee plan. |
| WAC 296-24-055 | Safety bulletin board. |
| WAC 296-24-061 | First-aid requirements. |
| WAC 296-24-06105 | What workplaces does this rule apply to? |
| WAC 296-24-06110 | What is the purpose of this rule? |
| WAC 296-24-06115 | What definitions apply to this section? |
| WAC 296-24-06120 | How must an employer ensure that first-aid assistance is available in the workplace? |
| WAC 296-24-06125 | How many employees must be trained in first aid? |
| WAC 296-24-06130 | What must first-aid training cover? |
| WAC 296-24-06135 | How often must employees complete first-aid training? |
| WAC 296-24-06140 | How must an employer document first-aid training? |
| WAC 296-24-06145 | What is the requirement for first-aid supplies? |
| WAC 296-24-06150 | What is the requirement to provide a first-aid station? |
| WAC 296-24-06155 | APPENDIX 1 Evaluation worksheet for the first-aid response plan. |
| WAC 296-24-06160 | APPENDIX 2 -- First-aid kit guidance. |
| WAC 296-24-073 | Safe place standards. |
| WAC 296-24-075 | Personal protective equipment. |
| WAC 296-24-07501 | General requirements. |
| WAC 296-24-078 | Eye and face protection. |
| WAC 296-24-084 | Occupational head protection. |
| WAC 296-24-086 | Personal flotation devices. |
| WAC 296-24-088 | Occupational foot protection. |
| WAC 296-24-090 | Hand protection. |
| WAC 296-24-094 | Lighting and illumination. |
| WAC 296-24-098 | Appendix B to Part A-2--Nonmandatory compliance guidelines for hazard assessment and personal protective equipment selection. |
| WAC 296-24-12003 | General requirements. |
| WAC 296-24-12005 | Water supply. |
| WAC 296-24-12007 | Toilet facilities. |
| WAC 296-24-12009 | Washing facilities. |
| WAC 296-24-12019 | Waste disposal. |
| WAC 296-24-12021 | Vermin control. |
| WAC 296-24-21503 | Secure storage. |
| WAC 296-24-21505 | Housekeeping. |
| WAC 296-24-21507 | Drainage. |
| WAC 296-24-550 | Means of egress. |
| WAC 296-24-55003 | General requirements. |
| WAC 296-24-55005 | Fundamental requirements. |
| WAC 296-24-55007 | Protection of employees exposed by construction and repair operations. |
| WAC 296-24-55009 | Maintenance. |
| WAC 296-24-565 | Means of egress, general. |
| WAC 296-24-56501 | Permissible exit components. |
| WAC 296-24-56503 | Protective enclosure of exits. |
| WAC 296-24-56505 | Width and capacity of means of egress. |
| WAC 296-24-56507 | Egress capacity and occupant load. |
| WAC 296-24-56509 | Arrangement of exits. |
| WAC 296-24-56511 | Access to exits. |
| WAC 296-24-56513 | Exterior ways of exit access. |
| WAC 296-24-56515 | Discharge from exits. |
| WAC 296-24-56517 | Headroom. |
| WAC 296-24-56519 | Changes in elevation. |
| WAC 296-24-56521 | Maintenance and workmanship. |
| WAC 296-24-56523 | Furnishings and decorations. |
| WAC 296-24-56529 | Fire retardant paints. |
| WAC 296-24-56531 | Exit marking. |
| WAC 296-24-59205 | General requirements. |
| WAC 296-24-59207 | Selection and distribution. |
| WAC 296-24-59209 | Inspection, maintenance and testing. |
| WAC 296-24-59211 | Hydrostatic testing. |
| WAC 296-24-59213 | Training and education. |
| WAC 296-24-65001 | General requirements. |
| WAC 296-24-73503 | Housekeeping. |
| WAC 296-24-73509 | Floor loading protection. |
| WAC 296-24-73513 | Buildings -- Floors. |
| WAC 296-24-76505 | Where fixed stairs are required. |
| WAC 296-24-76517 | Railings and handrails. |
| WAC 296-24-79507 | Care and maintenance and use of ladders. |
OTS-4271.1
AMENDATORY SECTION(Amending Order 73-5, filed 5/9/73 and Order
73-4, filed 5/7/73)
WAC 296-24-005
Purpose and scope.
((The rules included in
this chapter apply throughout the state of Washington, to any and
all work places under the jurisdiction of the department of labor
and industries. These rules are minimum safety requirements with
which all industries must comply. Special industry rules which
will complement or augment rules contained in this chapter,
appear as vertical standards in other chapters of Title 296 WAC. By adherence to such rules industrial accidents may be eliminated
or minimized.)) The rules in this chapter are designed to protect
the safety and health of employees by creating a healthy work
environment by establishing requirements to control safety
hazards in the workplace. Chapter 296-800 WAC, the safety and
health core rules, contain safety and health rules that apply to
most workplaces. Other special industry rules complement the
rules found in this chapter and in the safety and health core
rules.
[Order 73-5, 296-24-005, filed 5/9/73 and Order 73-4, 296-24-005, filed 5/7/73.]
(a) Helmets or hand shields shall be used during all arc welding or arc cutting operations, excluding submerged arc welding.
Goggles should also be worn during arc welding or cutting operations to provide protection from injurious rays from adjacent work, and from flying objects. The goggles may have either clear or colored glass, depending upon the amount of exposure to adjacent welding operations. Helpers or attendants shall be provided with proper eye protection.
(b) Goggles or other suitable eye protection shall be used during all gas welding or oxygen cutting operations. Spectacles without side shields, with suitable filter lenses are permitted for use during gas welding operations on light work, for torch brazing or for inspection.
(c) All operators and attendants of resistance welding or resistance brazing equipment shall use transparent face shields or goggles, depending on the particular job, to protect their faces or eyes, as required.
(d) Eye protection in the form of suitable goggles shall be provided where needed for brazing operations not covered in (1)(a), (b) and (c) of this section.
(2) Specifications for protectors.
(a) Helmets and hand shields shall be made of a material which is an insulator for heat and electricity. Helmets, shields and goggles shall be not readily flammable and shall be capable of understanding sterilization.
(b) Helmets and hand shields shall be arranged to protect the face, neck and ears from direct radiant energy from the arc.
(c) Helmets shall be provided with filter plates and cover plates designed for easy removal.
(d) All parts shall be constructed of a material which will not readily corrode or discolor the skin.
(e) Goggles shall be ventilated to prevent fogging of the lenses as much as practicable.
(f) Cover lenses or plates should be provided to protect each helmet, hand shield or goggle filter lens or plate.
(g) All glass for lenses shall be tempered, substantially free from striae, air bubbles, waves and other flaws. Except when a lens is ground to provide proper optical correction for defective vision, the front and rear surfaces of lenses and windows shall be smooth and parallel.
(h) Lenses shall bear some permanent distinctive marking by which the source and shade may be readily identified.
(i) The following is a guide for the selection of the proper shade numbers. These recommendations may be varied to suit the individual's needs.
| (( |
No. |
||
| (( (( |
|||
(( |
|||
(( |
|||
(( |
|||
(( |
4 or 5 |
||
(( |
4 or 5 |
||
(( |
|||
(( |
|||
Filter Lenses for Protection against Radiant Energy
| Welding operation | Electrode Size 1/32 (inches) | Minimum protective arc current | Shade number |
| Shielded metal arc welding | Less than 3 | Less than 60 | 10 |
| 3-5 | 60-160 | 10 | |
| 5-8 | 160-250 | 12 | |
| More than 8 | 250-550 | 14 | |
| Gas shielded arc welding (nonferrous) | 2, 3, 4, 5 | 11 | |
| Gas shielded arc welding (ferrous) | 2, 3, 4, 5 | 12 | |
| Gas metal arc welding | Less than 60 | 7 | |
| 60-160 | 10 | ||
| 160-250 | 10 | ||
| 250-500 | 10 | ||
| Flux cored arc welding | Less than 60 | 7 | |
| 60-160 | 10 | ||
| 160-250 | 10 | ||
| 250-500 | 10 | ||
| Gas tungsten arc welding | Less than 50 | 8 | |
| 50-150 | 8 | ||
| 150-500 | 10 | ||
| Air carbon -- light Light |
Less than 500 | 10 | |
| Arc cutting -- heavy | 500-1000 | 11 | |
| Carbon arc welding | 14 | ||
| Plasma arc welding | Less than 20 | 6 | |
| 20-100 | 8 | ||
| 100-400 | 10 | ||
| 400-800 | 11 | ||
| Plasma arc cutting | Less than 300 (light) | 8 | |
| 300-400 (medium) | 9 | ||
| 400-800 (heavy) | 10 | ||
| Atomic hydrogen welding | 10-14 | ||
| Torch soldering | 2 | ||
| Torch brazing | 3 or 4 | ||
| Gas welding | |||
| Light | Under 1/8 | Under 3.2 | 3 or 4 |
| Note: | In gas welding or oxygen cutting where the torch produces a high yellow light, it is desirable to use a filter or lens that absorbs the yellow or sodium line in the visible light of the operation. |
(3) Protection from arc welding rays. Where the work permits, the welder should be enclosed in an individual booth painted with a finish of low-reflectivity such as zinc oxide (an important factor for absorbing ultraviolet radiations) and lamp black; or shall be enclosed with noncombustible screens similarly painted. Booths and screens shall permit circulation of air at floor level. Workers or other persons adjacent to the welding areas shall be protected from the rays by noncombustible or flameproof screens or shields or shall be required to wear appropriate goggles.
[Order 73-5, 296-24-70003, filed 5/9/73 and Order 73-4, 296-24-70003, filed 5/7/73.]
(a) Personal protective equipment.
(i) Employees working in areas where there are potential electrical hazards shall be provided with, and shall use, electrical protective equipment that is appropriate for the specific parts of the body to be protected and for the work to be performed.
| Note: | Personal protective equipment requirements are contained in chapter 296-24 WAC Part (( |
(iii) If the insulating capability of protective equipment may be subject to damage during use, the insulating material shall be protected. (For example, an outer covering of leather is sometimes used for the protection of rubber insulating material.)
(iv) Employees shall wear nonconductive head protection wherever there is a danger of head injury from electric shock or burns due to contact with exposed energized parts.
(v) Employees shall wear protective equipment for the eyes or face wherever there is danger of injury to the eyes or face from electric arcs or flashes or from flying objects resulting from electrical explosion.
(b) General protective equipment and tools.
(i) When working near exposed energized conductors or circuit parts, each employee shall use insulated tools or handling equipment if the tools or handling equipment might make contact with such conductors or parts. If the insulating capability of insulated tools or handling equipment is subject to damage, the insulating material shall be protected.
(A) Fuse handling equipment, insulated for the circuit voltage, shall be used to remove or install fuses when the fuse terminals are energized.
(B) Ropes and handlines used near exposed energized parts shall be nonconductive.
(ii) Protective shields, protective barriers, or insulating materials shall be used to protect each employee from shock, burns, or other electrically related injuries while that employee is working near exposed energized parts which might be accidentally contacted or where dangerous electric heating or arcing might occur. When normally enclosed live parts are exposed for maintenance or repair, they shall be guarded to protect unqualified persons from contact with the live parts.
(2) Alerting techniques. The following alerting techniques shall be used to warn and protect employees from hazards which could cause injury due to electric shock, burns, or failure of electric equipment parts:
(a) Safety signs and tags. Safety signs, safety symbols, or accident prevention tags shall be used where necessary to warn employees about electrical hazards which may endanger them, as required by chapter 296-24 WAC Part B-2.
(b) Barricades. Barricades shall be used in conjunction with safety signs where it is necessary to prevent or limit employee access to work areas exposing employees to uninsulated energized conductors or circuit parts. Conductive barricades may not be used where they might cause an electrical contact hazard.
(c) Attendants. If signs and barricades do not provide sufficient warning and protection from electrical hazards, an attendant shall be stationed to warn and protect employees.
(3) Design requirements. Insulating blankets, matting, covers, line hose, gloves, and sleeves made of rubber shall meet the following requirements:
(a) Manufacture and marking.
(i) Blankets, gloves, and sleeves shall be produced by a seamless process.
(ii) Each item shall be clearly marked as follows:
(A) Class 0 equipment shall be marked Class 0.
(B) Class 1 equipment shall be marked Class 1.
(C) Class 2 equipment shall be marked Class 2.
(D) Class 3 equipment shall be marked Class 3.
(E) Class 4 equipment shall be marked Class 4.
(F) Nonozone-resistant equipment other than matting shall be marked Type I.
(G) Ozone-resistant equipment other than matting shall be marked Type II.
(H) Other relevant markings, such as the manufacturer's identification and the size of the equipment, may also be provided.
(iii) Markings shall be nonconducting and shall be applied in such a manner as not to impair the insulating qualities of the equipment.
(iv) Markings on gloves shall be confined to the cuff portion of the glove.
(b) Electrical requirements.
(i) Equipment shall be capable of withstanding the a-c proof-test voltage specified in Table A-2 or the d-c proof-test voltage specified in Table A-3.
(A) The proof-test shall reliably indicate that the equipment can withstand the voltage involved.
(B) The test voltage shall be applied continuously for three minutes for equipment other than matting and shall be applied continuously for one minute for matting.
(C) Gloves shall also be capable of withstanding the a-c proof-test voltage specified in Table A-2 after a sixteen-hour water soak. (See the note following (c)(ii)(B) of this subsection.)
(ii) When the a-c proof-test is used on gloves, the 60 hertz proof-test current may not exceed the values specified in Table A-2 at any time during the test period.
(A) If the a-c proof-test is made at a frequency other than 60 hertz, the permissible proof-test current shall be computed from the direct ratio of the frequencies.
(B) For the test, gloves (right side out) shall be filled with tap water and immersed in water to a depth that is in accordance with Table A-4. Water shall be added to or removed from the glove, as necessary, so that the water level is the same inside and outside the glove.
(C) After the sixteen-hour water soak specified in (b)(i)(C) of this subsection, the 60-hertz proof-test current may exceed the values given in Table A-2 by not more than 2 milliamperes.
(iii) Equipment that has been subjected to a minimum breakdown voltage test may not be used for electrical protection. (See the note following (c)(ii)(B) of this subsection.)
(iv) Material used for Type II insulating equipment shall be capable of withstanding an ozone test, with no visible effects. The ozone test shall reliably indicate that the material will resist ozone exposure in actual use. Any visible signs of ozone deterioration of the material, such as checking, cracking, breaks, or pitting, is evidence of failure to meet the requirements for ozone-resistant material. (See the note following (c)(ii)(B) of this subsection.)
(c) Workmanship and finish.
(i) Equipment shall be free of harmful physical irregularities that can be detected by the tests or inspections required under this section.
(ii) Surface irregularities that may be present on all rubber goods because of imperfections on forms or molds or because of inherent difficulties in the manufacturing process and that may appear as indentations, protuberances, or imbedded foreign material are acceptable under the following conditions:
(A) The indentation or protuberance blends into a smooth slope when the material is stretched.
(B) Foreign material remains in place when the insulating material is folded and stretches with the insulating material surrounding it.
| Note: | Rubber insulating equipment meeting the following national consensus standards is deemed to be in compliance with subsection (1) of this section: |
| American Society for Testing and Materials (ASTM) D 120-87, Specification for Rubber Insulating Gloves. |
| ASTM D 178-93, Specification for Rubber Insulating Matting. |
| ASTM D 1048-93, Specification for Rubber Insulating Blankets. |
| ASTM D 1049-93, Specification for Rubber Insulating Covers. |
| ASTM D 1050-90, Specification for Rubber Insulating Line Hose. |
| ASTM D 1051-87, Specification for Rubber Insulating Sleeves. |
| These standards contain specifications for conducting the various tests required in subsection (1) of this section. For example, the a-c and d-c proof-tests, the breakdown test, the water soak procedure, and the ozone test mentioned in this paragraph are described in detail in the ASTM standards. |
(a) Electrical protective equipment shall be maintained in a safe, reliable condition.
(b) The following specific requirements apply to insulating blankets, covers, line hose, gloves, and sleeves made of rubber:
(i) Maximum use voltages shall conform to those listed in Table A-5.
(ii) Insulating equipment shall be inspected for damage before each day's use and immediately following any incident that can reasonably be suspected of having caused damage. Insulating gloves shall be given an air test, along with the inspection.
(iii) Insulating equipment with any of the following defects may not be used:
(A) A hole, tear, puncture, or cut;
(B) Ozone cutting or ozone checking (the cutting action produced by ozone on rubber under mechanical stress into a series of interlacing cracks);
(C) An embedded foreign object;
(D) Any of the following texture changes: Swelling, softening, hardening, or becoming sticky or inelastic.
(E) Any other defect that damages the insulating properties.
(iv) Insulating equipment found to have other defects that might affect its insulating properties shall be removed from service and returned for testing under (b)(viii) and (ix) of this subsection.
(v) Insulating equipment shall be cleaned as needed to remove foreign substances.
(vi) Insulating equipment shall be stored in such a location and in such a manner as to protect it from light, temperature extremes, excessive humidity, ozone, and other injurious substances and conditions.
(vii) Protector gloves shall be worn over insulating gloves.
(viii) Electrical protective equipment shall be subjected to periodic electrical tests. Test voltages and the maximum intervals between tests shall be in accordance with Table A-5 and Table A-6.
(ix) The test method used under (b)(viii) and (xi) of this subsection shall reliably indicate whether the insulating equipment can withstand the voltages involved.
| Note: | Standard electrical test methods considered as meeting this requirement are given in the following national consensus standards: |
| American Society for Testing and Materials (ASTM) D 120-87, Specification for Rubber Insulating Gloves. |
| ASTM D 1048-93, Specification for Rubber Insulating Blankets. |
| ASTM D 1049-93, Specification for Rubber Insulating Covers. |
| ASTM D 1050-90, Specification for Rubber Insulating Line Hose. |
| ASTM D 1051-87, Specification for Rubber Insulating Sleeves. |
| ASTM F 478-92, Specification for In-Service Care of Insulating Line Hose and Covers. |
| ASTM F 479-88a, Specification for In-Service Care of Insulating Blankets. |
| ASTM F 496-93b, Specification for In-Service Care of Insulating Gloves and Sleeves. |
(A) Rubber insulating line hose could be used in shorter lengths with the defective portion cut off.
(B) Rubber insulating blankets could be repaired using a compatible patch that results in physical and electrical properties equal to those of the blanket.
(C) Rubber insulating blankets could be salvaged by severing the defective area from the undamaged portion of the blanket. The resulting undamaged area shall not be smaller than twenty-two inches by twenty-two inches (560 mm by 560 mm) for Class 1, 2, 3, and 4 blankets.
(xi) Repaired insulating equipment shall be retested before it may be used by employees.
(xii) The employer shall certify that equipment has been tested in accordance with the requirements of (b)(viii), (ix), and (xi) of this subsection. The certification shall identify the equipment that passed the test and the date it was tested.
| Note: | Marking of equipment and entering the results of the tests and the dates of testing onto logs are two acceptable means of meeting this requirement. |
| Table A-2. -A-C Proof-Test Requirements Maximum proof-test current, mA (gloves only) | Proof-test voltage rms V | 267-mm (10.5-in) glove | 356-mm (14-in) glove | 406-mm (16-in) glove | 457-mm (18-in) glove |
| Class of equipment | |||||
| 0 | 5,000 | 8 | 12 | 14 | 16 |
| 1 | 10,000 | 14 | 16 | 18 | |
| 2 | 20,000 | 16 | 18 | 20 | |
| 3 | 30,000 | 18 | 20 | 22 | |
| 4 | 40,000 | 22 | 24 |
| Table A-3. -D-C Proof-Test Requirements | Class of equipment | Proof-test voltage |
| 0 | 20,000 | |
| 1 | 40,000 | |
| 2 | 50,000 | |
| 3 | 60,000 | |
| 4 | 70,000 |
| Note: | The d-c voltages listed in this table are not appropriate for proof-testing rubber insulating line hose or covers. For this equipment, d-c proof-tests shall use a voltage high enough to indicate that the equipment can be safely used at the voltages listed in Table A-4. See ASTM D 1050-90 and ASTM D 1049-88 for further information on proof-tests for rubber insulating line hose and covers. |
| Table A-4. -Glove Tests-Water Level1, 2 Class of glove |
mm. | A-C proof-test in. | mm. | D-C proof-test in. |
| 0 | 38 | 1.5 | 38 | 1.5 |
| 1 | 38 | 1.5 | 51 | 2.0 |
| 2 | 64 | 2.5 | 76 | 3.0 |
| 3 | 89 | 3.5 | 102 | 4.0 |
| 4 | 127 | 5.0 | 153 | 6.0 |
| 1 | The water level is given as the clearance from the cuff of the glove to the water line, with a tolerance of 13 mm. (0.5 in.). |
| 2 | If atmospheric conditions make the specified clearances impractical, the clearances may be increased by a maximum of 25 mm. (1 in.). |
| Table A-5. -Rubber
Insulating Equipment
Voltage
Requirements Class of equipment |
Maximum use voltage1 a-c-rms | Retest voltage2 a-c-rms | Retest voltage2 d-c-rms |
| 0 | 1,000 | 5,000 | 20,000 |
| 1 | 7,500 | 10,000 | 40,000 |
| 2 | 17,000 | 20,000 | 50,000 |
| 3 | 26,500 | 30,000 | 60,000 |
| 4 | 36,000 | 40,000 | 70,000 |
| Note: | Rubber gloves shall only be used on voltages of 5000 volts phase-to-phase or less. |
| 1The maximum use voltage is the a-c voltage (rms) classification of the protective equipment that designates the maximum nominal design/voltage of the energized system that may be safely worked. The nominal design voltage is equal to the phase-to-phase voltage on multiphase circuits. However, the phase-to-ground potential is considered to be the nominal design/voltage: | |
| 1. If there is no multiphase exposure in a system area and if the voltage exposure is limited to the phase-to-ground potential, or | |
| 2. If the electrical equipment and devices are insulated or isolated or both so that the multiphase exposure on a grounded wye circuit is removed. | |
| 2 The proof-test voltage shall be applied continuously for at least one minute, but no more than three minutes. |
| Table A-6. -Rubber Insulating Equipment Test Intervals | Type of equipment | When to test |
| Rubber insulating line hose | Upon indication that insulating value is suspect. | |
| Rubber insulating covers | Upon indication that insulating value is suspect. | |
| Rubber insulating blankets | Before first issue and every 12 months thereafter.1 | |
| Rubber insulating gloves | Before first issue and every 6 months thereafter.1 | |
| Rubber insulating sleeves | Before first issue and every 12 months thereafter.1 |
| 1 | If the insulating equipment has been electrically tested but not issued for service, it may not be placed into service unless it has been electrically tested within the previous 12 months. |
[Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-24-980, filed 11/22/91, effective 12/24/91.]
The following sections of the Washington Administrative Code are repealed:
| WAC 296-24-001 | Foreword. |
| WAC 296-24-006 | Equipment approval by nonstate agency or organization. |
| WAC 296-24-07801 | General. |
| WAC 296-24-092 | Electrical protective equipment. |
| WAC 296-24-096 | Appendix A to Part A-2--References for further information (nonmandatory). |
OTS-4301.1
AMENDATORY SECTION(Amending Order 89-03, filed 5/15/89,
effective 6/30/89)
WAC 296-24-567
Employee emergency plans and fire prevention
plans.
(1) Emergency action plan.
(a) Scope and application. This subdivision applies to all emergency action plans required by a particular WISHA standard. The emergency action plan shall be in writing, and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies.
(b) Elements. The following elements, at a minimum, shall be included in the plan:
(i) Emergency escape procedures and emergency escape route assignments;
(ii) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;
(iii) Procedures to account for all employees after emergency evacuation has been completed;
(iv) Rescue and medical duties for those employees who are to perform them;
(v) The preferred means of reporting fires and other emergencies; and
(vi) Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan.
(c) Alarm systems.
(((i) The employer shall establish an employee alarm system
which complies with WAC 296-24-631.
(ii) If the employee alarm system is used for alerting fire brigade members, or for other purposes, a distinctive signal for each purpose shall be used.)) You must establish an employee alarm system which complies with WAC 296-800-310. The employee alarm system must provide warning for necessary emergency action as called for in your emergency action plan. The employee alarm must be distinctive and recognizable as a signal to perform actions designed under the emergency action plan.
(d) Evacuation. The employer shall establish in the emergency action plan the types of evacuation to be used in emergency circumstances.
(e) Training.
(i) Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.
(ii) The employer shall review the plan with each employee covered by the plan at the following times:
(A) Initially when the plan is developed;
(B) Whenever the employee's responsibilities or designated actions under the plan change; and
(C) Whenever the plan is changed.
(iii) The employer shall review with each employee upon initial assignment those parts of the plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review.
(2) Fire prevention plan.
(a) Scope and application. This subsection applies to all fire prevention plans required by a particular WISHA standard. The fire prevention plan shall be in writing.
(b) Elements. The following elements, at a minimum, shall be included in the fire prevention plan:
(i) A list of the major workplace fire hazards and their proper handling and storage procedures, potential ignition sources (such as welding, smoking and others) and their control procedures, and the type of fire protection equipment or systems which can control a fire involving them;
(ii) Names or regular job titles of those personnel responsible for maintenance of equipment and systems installed to prevent or control ignitions or fires; and
(iii) Names or regular job titles of those personnel responsible for control of fuel source hazards.
(c) Housekeeping. The employer shall control accumulations of flammable and combustible waste materials and residues so that they do not contribute to a fire emergency. The housekeeping procedures shall be included in the written fire prevention plan.
(d) Training.
(i) The employer shall apprise employees of the fire hazards of the materials and processes to which they are exposed.
(ii) The employer shall review with each employee upon initial assignment those parts of the fire prevention plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept in the workplace and made available for employee review.
(e) Maintenance. The employer shall regularly and properly maintain, according to established procedures, equipment and systems installed on heat producing equipment to prevent accidental ignition of combustible materials. The maintenance procedures shall be included in the written fire prevention plan.
[Statutory Authority: Chapter 49.17 RCW. 89-11-035 (Order 89-03), 296-24-567, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-02-003 (Order 81-32), 296-24-567, filed 12/24/81.]
[Statutory Authority: RCW 49.17.040 and 49.17.050. 82-02-003 (Order 81-32), 296-24-59201, filed 12/24/81.]
OTS-4298.1
AMENDATORY SECTION(Amending Order 81-32, filed 12/24/81)
WAC 296-24-61705
Total flooding systems with potential
health and safety hazards to employees.
(1) The employer shall
provide an emergency action plan in accordance with WAC 296-24-567 for each area within a workplace that is protected by
a total flooding system which provides agent concentrations
exceeding the maximum safe levels.
(2) Systems installed in areas where employees cannot enter during or after the system's operation are exempt from the requirements of this section.
(3) On all total flooding systems the employer ((shall))
must provide a predischarge employee alarm which ((complies with
WAC 296-24-631, and is capable of being perceived above ambient
light or noise levels before the system discharges, which)) will
give employees time to safely exit from the discharge area prior
to system discharge.
Your predischarge employee alarm systems must:
Provide enough warning to allow employees to safely escape from the workplace or the immediate work area or both;
Be capable of being perceived above ambient noise or light levels by all employees in the affected portions of the workplace before system discharge;
Be distinctive and recognizable as a signal to evacuate the work area;
Be kept in operating condition except when undergoing repairs or maintenance.
You must explain to each employee how to report emergencies in your workplace. Methods of reporting emergencies include manual pull box alarms, public address systems, radio, or telephones. Post emergency telephone numbers near telephones, or employee notice boards, or other conspicuous locations if you use telephones to report emergencies.
If you use a communication system that also serves as an employee alarm system, all emergency messages must have priority over all nonemergency messages.
(4) The employer shall provide automatic actuation of total flooding systems by means of an approved fire detection device installed and interconnected with a predischarge employee alarm system to give employees time to safely exit from the discharge area prior to system discharge.
[Statutory Authority: RCW 49.17.040 and 49.17.050. 82-02-003 (Order 81-32), 296-24-61705, filed 12/24/81.]
(2) The employer may not mix together dry chemical extinguishing agents of different compositions. The employer shall assure that dry chemical systems are refilled with the chemical stated on the approval nameplate or an equivalent compatible material.
(3) When dry chemical discharge may obscure vision, the
employer ((shall)) must provide a predischarge employee alarm
((which complies with WAC 296-24-631, and)) which will give
employees time to safely exit from the discharge area prior to
system discharge.
Your predischarge employee alarm systems must:
Provide enough warning to allow employees to safely escape from the workplace or the immediate work area or both.
Be capable of being perceived above ambient noise or light levels by all employees in the affected portions of the workplace before system discharge.
Be distinctive and recognizable as a signal to evacuate the work area.
Be kept in operating condition except when undergoing repairs or maintenance.
You must explain to each employee how to report emergencies in your workplace. Methods of reporting emergencies include manual pull box alarms, public address systems, radio, or telephones. Post emergency telephone numbers near telephones, or employee notice boards, or other conspicuous locations if you use telephones to report emergencies.
If you use a communication system that also serves as an employee alarm system, all emergency messages must have priority over all nonemergency messages.
(4) The employer shall sample the dry chemical supply of all but stored pressure systems at least annually to assure that the dry chemical supply is free of moisture which may cause the supply to cake or form lumps.
(5) The employer shall assure that the rate of application of dry chemicals is such that the designed concentration of the system will be reached within thirty seconds of initial discharge.
[Statutory Authority: RCW 49.17.040 and 49.17.050. 82-02-003 (Order 81-32), 296-24-62203, filed 12/24/81.]
OTS-4164.2
AMENDATORY SECTION(Amending Order 76-38, filed 12/30/76)
WAC 296-32-200
Scope and application.
(1) This chapter
sets forth safety and health standards that apply to the work
conditions, practices, means, methods, operations, installations
and processes performed at telecommunications centers and at
telecommunications field installations, which are located
outdoors or in building spaces used for such field installations.
"Center" work includes the installation, operation, maintenance,
rearrangement, and removal of communications equipment and other
associated equipment in telecommunications switching centers. "Field" work includes the installation, operation, maintenance,
rearrangement, and removal of conductors and other equipment used
for signal or communication service, and of their supporting or
containing structures, overhead or underground, on public or
private rights of way, including buildings or other structures.
(2) These standards do not apply:
(a) To construction work, as defined in chapter 296-155 WAC, nor
(b) To installations under the exclusive control of electric utilities used for the purpose of communications or metering, or for generation, control, transformation, transmission, and distribution of electric energy, which are located in buildings used exclusively by the electric utilities for such purposes, or located outdoors on property owned or leased by the electric utilities or on public highways, streets, roads, etc., or outdoors by established rights on private property.
(3) Operations or conditions not specifically covered by this chapter are subject to all the applicable standards contained in chapter 296-24 WAC, general safety and health standards, and chapter 296-800 WAC, the safety and health core rules. Operations which involve construction work, as defined in chapter 296-155 WAC are subject to all the applicable standards contained in chapter 296-155 WAC, safety standards for construction work.
(4) This standard shall augment the Washington state general safety and health standards, general occupational health standards, electrical workers safety rules, and any other standards which are applicable to all industries governed by chapter 80, Laws of 1973, Washington Industrial Safety and Health Act. In the event of any conflict between any portion of this chapter and any portion of any of the general application standards, the provisions of this chapter 296-32 WAC, shall apply.
(5) In exceptional cases where compliance with specific
provisions of this chapter can only be accomplished to the
serious detriment and disadvantage of an operation, variance from
the requirement may be permitted by the director of the
department of labor and industries after receipt of application
for variance which meets the requirements of WAC ((296-24-010,
general safety and health standards)) 296-350-700.
[Order 76-38, 296-32-200, filed 12/30/76; Order 75-41, 296-32-200, filed 12/19/75.]
(a) Illumination. Lighting in telecommunication centers shall be provided in an amount such that continuing work operations, routine observations, and the passage of employees can be carried out in a safe and healthful manner.
(b) Specific tasks in centers, such as splicing cable and the maintenance and repair of equipment frame lineups, the employer shall install permanent lighting or portable supplemental lighting to attain a higher level of illumination.
(c) Refer to WAC ((296-62-09003 (general occupational health
standards))) 296-800-210 which shall apply as minimum standards
of illumination for industrial interiors.
(d) Illumination of field work. Whenever natural light is insufficient to illuminate the worksite, artificial illumination shall be provided to enable the employee to perform the work safely.
(2) Working surfaces.
(a) Working surfaces shall be in conformance with the latest edition of the general safety and health standard WAC 296-24-735 through 296-24-76523, and chapter 296-800 WAC, the safety and health core rule book.
(b) Guard rails and toe boards may be omitted on distribution frame mezzanine platforms to permit access to equipment. This exemption applies only on the side or sides of the platform facing the frames and only on those portions of the platform adjacent to equipped frames.
(3) Working spaces.
(a) Space shall be provided for access to all medium high and high voltage equipment.
(b) Every structure, new or old, designed for human occupancy shall be provided with exits to permit the prompt escape of occupants in case of fire or other emergency. The means of egress shall be a continuous and unobstructed way of exit travel from any point in a building or structure to a public way and consist of three separate and distinct parts; the way of exit access, the exit and the way of exit discharge. A means of egress comprises the vertical and horizontal ways of travel and shall include intervening room spaces, doorways, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards.
(c) "Maintenance aisles," or "wiring aisles," between equipment frame lineups are working spaces and are not a means of egress for purposes of WAC 296-24-550 and 296-800-310.
(4) Special doors.
(a) When blastproof or power actuated doors are installed in specially designed hardsite security buildings and spaces, they shall be designed and installed so that they can be used as a means of egress in emergencies.
(b) When high voltage apparatus is isolated in a supplementary enclosure, interlocks shall be provided on all access doors. Warning signs shall be provided, which are visible both when the guard or cover is in place or removed.
(5) Equipment, machinery and machine guarding.
(a) When power plant machinery in telecommunications centers is operated with commutators and couplings uncovered, the adjacent housing shall be clearly marked to alert personnel to the rotating machinery.
(b) All power switches on power panels shall be in an open position when they are not controlling an operating circuit. Before opening any power circuit, the load shall be reduced. "Men working" signs, or similar wording shall be placed on switches associated with motors or generators under repair.
(c) When working on the brushes of a machine in operation, employees shall use care not to break a circuit. When it is necessary to remove a brush from the holder, the machine shall be shut down.
(d) Only fuse pullers specifically designed for that purpose shall be used when replacing cartridge type fuses.
(6) Battery handling.
(a) Eye protection devices which provide side as well as frontal eye protection for employees shall be provided when measuring storage battery specific gravity or handling electrolyte, and the employer shall ensure that such devices are used by the employees.
(b) The employer shall also ensure that acid resistant gloves and aprons shall be worn for protection against spattering.
(c) Facilities for quick drenching or flushing of the eyes and body shall be provided unless the storage batteries are of the enclosed type and equipped with explosion proof vents, in which case sealed water rinse or neutralizing packs may be substituted for the quick drenching or flushing facilities.
(d) Employees assigned to work with storage batteries shall be instructed in emergency procedures such as dealing with accidental acid spills.
(e) Electrolyte (acid or base, and distilled water) for battery cells shall be mixed in a well ventilated room. Acid or base shall be poured gradually, while stirring, into the water. Water shall never be poured into concentrated (greater than 75 percent) acid solutions. Electrolyte shall never be placed in metal containers nor stirred with metal objects.
(f) When taking specific gravity readings, the open end of the hydrometer shall be covered with an acid resistant material while moving it from cell to cell to avoid splashing or throwing the electrolyte.
(g) Ventilation, shall be provided to ensure diffusion of the gasses from the battery to prevent the accumulation of an explosive type mixture.
(h) Racks and trays shall be substantial and treated to be resistant to the electrolyte.
(i) Floors shall be of acid resistant construction or be protected from acid accumulation.
(7) Hazardous materials.
(a) Highway mobile vehicles and trailers stored in garages in accordance with WAC 296-24-47513 (4)(b) may be equipped to carry more than one LP-gas container, but the total capacity of LP-gas containers per work vehicle stored in garages shall not exceed 100 pounds of LP-gas.
(b) All container valves shall be closed when not in use.
(8) Compressed gas.
(a) When using or transporting nitrogen cylinders, special compartments, racks, or blocking shall be provided to prevent cylinder movement.
(b) Regulators shall be removed or guarded before a cylinder is transported.
(9) Support structures.
(a) No employee, or any material or equipment, shall be supported or permitted to be supported on any portion of a pole structure, platform, ladder, walkway or other elevated structure or aerial device unless the employer ensures that the support structure is first inspected by a competent person and it is determined to be strong, in good working condition and properly secured in place.
(b) Workers shall not throw anything from pole to ground, from pole to pole or from ground to pole.
(10) Power exposures.
(a) The employer shall ensure that no employee approaches or takes any conductive object closer to any electrically energized overhead power lines and parts than prescribed in Table 1 unless:
(i) The employee is insulated or guarded from the energized parts (insulating gloves rated for the voltage involved shall be considered adequate insulation), or
(ii) The energized parts are insulated or guarded from the employee and any other conductive object at a different potential, or
(iii) The power conductors and equipment are deenergized and grounded.
(b) While handling communication wires, metal sheaths, or communication equipment, contact shall be avoided with street lamp brackets, trolley span wires, power guys, transformer cases and any other power equipment that may be energized. The safest possible working position shall be assumed before starting work.
(c) Communication employees shall never work in the pole space on jointly used poles between normal primary and secondary attachments.
(d) Where a hazard of a power contact exists, due to use of
long handled tools, proper rubber equipment shall be used.
TABLE 1
| APPROACH DISTANCES TO EXPOSED ENERGIZED OVERHEAD POWER LINES AND PARTS |
|||
| Voltage Range (phase to phase, RMS) |
Approach Distance (inches) |
||
| 300 V and less | (1) | ||
| Over 300 V, not over 750 V | 12 | ||
| Over 750 V not over 2 kV | 18 | ||
| Over 2 kV, not over 15 kV | 24 | ||
| Over 15 kV, not over 37 kV | 36 | ||
| Over 37 kV, not over 87.5 kV | 42 | ||
| Over 87.5 kV, not over 121 kV | 48 | ||
| Over 121 kV, not over 140 kV | 54 | ||
(1)Avoid contact. |
|||
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-32-220, filed 7/20/94, effective 9/20/94; Order 76-38, 296-32-220, filed 12/30/76; Order 75-41, 296-32-220, filed 12/19/75.]
(2) Where training is required, it shall consist of on-the-job training or classroom-type training or a combination of both.
(3) The training program shall include a list of the subject courses and the types of personnel required to receive such instruction. A written description of the training program and a record of employees who have received such training shall be maintained for the duration of the employee's employment and shall be made available upon request to the director of the department of labor and industries, or his/her authorized representative.
(4) Such training shall, where appropriate, include the following subjects:
(a) Recognition and avoidance of dangers relating to encounters with harmful substances, and animal, insect, or plant life.
(b) Procedures to be followed in emergency situations, and
(c) First aid training, including instruction in artificial respiration.
(5) It shall be the responsibility of the employer to hold monthly safety meetings at practical points throughout the operation and insist upon employees attending said meetings. Minutes shall be kept of each safety meeting and retained for a period of one year.
(6) It shall be the responsibility of management to develop
and maintain a chemical hazard communication program as required
by ((chapter 296-62 WAC, Part C)) WAC 296-800-170, which will
provide information to all employees relative to hazardous
chemicals or substances to which they are exposed, or may become
exposed, in the course of their employment.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-32-230, filed 7/20/94, effective 9/20/94; 89-11-035 (Order 89-03), 296-32-230, filed 5/15/89, effective 6/30/89; Order 76-38, 296-32-230, filed 12/30/76; Order 75-41, 296-32-230, filed 12/19/75.]
(a) Before each day's use the employer shall ensure that these personal protective devices, tools, and equipment are carefully inspected by a competent person to ascertain that they are in good condition.
(b) Tools found to be defective shall be taken out of service.
(2) Head protection. Class B protective helmets shall be provided whenever there is exposure to overhead hazards and/or possible high voltage electrical contact.
(a) Employees working in areas where there is a possible danger of head injury from impact, falling or flying objects, shall be protected by protective helmets.
(b) Criteria for protective helmets.
(i) Protective helmets purchased after February 20, 1995, shall comply with ANSI Z89.1-1986, "American National Standard for Personnel Protection--Protective Headwear for Industrial Workers--Requirements," which is incorporated by reference, or shall be demonstrated to be equally effective.
(ii) Protective helmets purchased before February 20, 1995, shall comply with the ANSI standard "American National Standard Safety Requirements for Industrial Head Protection," ANSI Z89.1-1969, or shall be demonstrated by the employer to be equally effective.
(3) Eye protection. Protective eye and face equipment shall be required where there is a possibility of injury that can be prevented by such equipment. In such cases, employers shall make conveniently available a type of protector suitable for the work to be performed, and employees shall use such protectors.
| Note: | See (( |
(a) The tent covers are constructed of fire resistant materials, and
(b) Ventilation is provided to maintain safe oxygen levels and avoid harmful buildup of combustion products and combustible gases.
(5) Portable power equipment.
(a) All portable power equipment used in the telecommunications industry shall be grounded.
(b) Nominal 120V, or less, portable generators used for providing power at work locations do not require grounding if the output circuit is completely isolated from the frame of the unit.
(c) Grounding shall be omitted when using soldering irons, guns or wire-wrap tools on telecommunication circuits.
(6) Vehicle-mounted utility generators. Vehicle-mounted utility generators used for providing nominal 240V AC or less for powering portable tools and equipment need not be grounded to earth if all of the following conditions are met:
(a) One side of the voltage source is solidly strapped to the metallic structure of the vehicle;
(b) Grounding-type outlets are used, with a "grounding" conductor between the outlet grounding terminal and the side of the voltage source that is strapped to the vehicle;
(c) All metallic encased tools and equipment that are powered from this system are equipped with three-wire cords and grounding-type attachment plugs, except as designated in subsection (7) of this section.
(7) Portable lights, tools and appliances. When operated from commercial power such metal parts of these devices shall be grounded, unless these tools or appliances are protected by a system of double insulation, or its equivalent. Where such a system is employed, the equipment shall be distinctively marked to indicate double insulation.
(8) Lead work. When operated from commercial power the metal housing of electric solder pots shall be grounded. Electric solder pots may be used with the power equipment described in this subsection, without a grounding conductor.
The employer shall ensure that wiping gloves or cloths and eye protection are used in lead wiping operations. A drip pan to catch hot lead drippings shall also be provided and used.
(9) Fire extinguishers.
(a) Fire extinguishers shall be provided for the protection of both the building structure and the occupancy hazards contained therein.
(b) Employees shall be familiar with the location and operation of fire extinguishers.
(c) Any fire extinguishers showing defects shall be removed from service.
(d) Fire extinguishers shall be thoroughly examined and/or recharged or repaired to insure operability and safety once every year.
(e) Each fire extinguisher shall have a durable tag securely attached to show the maintenance or recharge date and the initials or signature of the person performing this service.
[Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-32-250, filed 9/30/94, effective 11/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-13-045 (Order 82-22), 296-32-250, filed 6/11/82; Order 76-38, 296-32-250, filed 12/30/76; Order 75-41, 296-32-250, filed 12/19/75.]
OTS-4480.1
AMENDATORY SECTION(Amending WSR 99-17-094, filed 8/17/99,
effective 12/1/99)
WAC 296-32-260
Rubber insulating equipment.
(1) Rubber
insulating equipment designed for the voltage levels to be
encountered shall be provided and the employer shall ensure that
they are used by employees as required by this section. The
requirements of WAC ((296-24-092)) 296-24-980, Electrical
protective equipment, shall be followed except for Table A-6.
(2) The employer is responsible for periodic retesting of all insulating gloves, blankets, and other rubber insulating equipment. This retesting shall be electrical, visual and mechanical. The following maximum retesting intervals shall apply:
| Gloves, Blankets, and Other Insulating Equipment |
Natural Rubber (Months) |
Synthetic Rubber (Months) |
|
New |
12 |
18 |
|
| Reissued |
9 |
15 |
|
(4) Gloves and blankets shall be marked to indicate compliance with the retest schedule and shall be marked with the date the next test date is due.
Any rubber gloves found to be defective shall be removed from service and marked as being defective.
(5) Patching rubber goods is prohibited; rubber protective equipment shall not be vulcanized or patched.
(6) Rubber gloves for workers. A pair of rubber gloves, specifically designed for the protection of workers, shall be assigned each worker when required to work on or be exposed to energized parts.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-094, 296-32-260, filed 8/17/99, effective 12/1/99; Order 76-38, 296-32-260, filed 12/30/76; Order 75-41, 296-32-260, filed 12/19/75.]
OTS-4165.2
AMENDATORY SECTION(Amending Order 94-07, filed 7/20/94,
effective 9/20/94)
WAC 296-37-510
Scope and application.
(1) The requirements
included in this vertical chapter shall apply throughout the
state wherever diving takes place within the jurisdiction of the
department of labor and industries. These requirements shall
also be applicable to those diving related and supportive work
activities not at the diving site but which have a direct effect
on the safety of the diving operations. Examples may include but
are not limited to: The supply of breathing air or gas; the
supply of materials, equipment or supplies required by this
chapter; the maintenance of diving equipment.
(2) This standard applies to diving and related support operations conducted in connection with all types of work and employments, including general industry, construction, ship repairing, shipbuilding, shipbreaking and longshoring. However, this standard does not apply to any diving operation:
(a) Performed solely for instructional purposes, using open-circuit, compressed-air SCUBA and conducted within the no-decompression limits;
(b) Performed solely for search, rescue, or related public safety purposes by or under the control of a governmental agency; or
(c) Governed by 45 CFR Part 46 (Protection of Human Subjects, United States Department of Health and Human Services) or equivalent rules or regulations established by another federal agency, which regulate research, development, or related purposes involving human subjects.
(d) Defined as scientific diving and which is under the direction and control of a diving program containing at least the following elements:
(i) Diving safety manual which includes at a minimum: Procedures covering all diving operations specific to the program; procedures for emergency care, including recompression and evacuation; and criteria for diver training and certification.
(ii) Diving control (safety) board, with the majority of its members being active divers, which shall at a minimum have the authority to: Approve and monitor diving projects; review and revise the diving safety manual; assure compliance with the manual; certify the depths to which a diver has been trained; take disciplinary action for unsafe practices; and, assure adherence to the buddy system (a diver is accompanied by and is in continuous contact with another diver in the water) for SCUBA diving.
(3) This chapter shall augment the requirements of the
general safety and health standard, chapter 296-24 WAC ((and)),
the general occupational health standard, chapter 296-62 WAC, and
safety and health core rules, chapter 296-800 WAC. In instances
where this chapter is in direct conflict with the requirements of
any general horizontal standard, the requirements of this chapter
shall apply.
(4) Hoisting gear used in diving operations shall be inspected and certified as required by chapter 296-56 WAC, safety standards for longshore, stevedore and related waterfront operations.
(5) Application in emergencies. An employer may deviate from the requirements of this standard to the extent necessary to prevent or minimize a situation which is likely to cause death, serious physical harm, or major environmental damage, provided that the employer:
(a) Notifies the assistant director of the department of labor and industries in Olympia or the regional administrator for the region within 48 hours of the onset of the emergency situation indicating the nature of the emergency and extent of the deviation from the prescribed regulations; and
(b) Upon request from the authority notified, submits such information in writing.
(6) Employer obligation. The employer shall be responsible for compliance with:
(a) All provisions of this standard of general applicability; and
(b) All requirements pertaining to specific diving modes to the extent diving operations in such modes are conducted.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-37-510, filed 7/20/94, effective 9/20/94. Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060. 92-22-067 (Order 92-06), 296-37-510, filed 10/30/92, effective 12/8/92. Statutory Authority: RCW 49.17.040 and 49.17.050. 87-02-002 (Order 86-44), 296-37-510, filed 12/26/86; 81-07-048 (Order 81-4), 296-37-510, filed 3/17/81. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, and chapters 42.30 and 43.22 RCW. 78-10-094 (Order 78-18), 296-37-510, filed 10/2/78.]
(a) The employer shall comply with the requirements of
chapters 296-27 ((and)), 296-350, and 296-800 WAC.
(b) The employer shall record the occurrence of any diving-related injury or illness which requires any dive team member to be hospitalized for 24 hours or more, specifying the circumstances of the incident and the extent of any injuries or illnesses.
(2) Availability of records.
(a) Upon the request of the director of the department of labor and industries or his duly authorized designees, the employer shall make available for inspection and copying any record or document required by this standard.
(b) Records and documents required by this standard shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217. Safe practices manuals (WAC 296-37-530), depth-time profiles (WAC 296-37-540), recording of dives (WAC 296-37-545), decompression procedure assessment evaluations (WAC 296-37-545), and records of hospitalizations (WAC 296-37-575) shall be provided in the same manner as employee exposure records or analyses using exposure or medical records. Equipment inspections and testing records which pertain to employees (WAC 296-37-570) shall also be provided upon request to employees and their designated representatives.
(c) Records and documents required by this standard shall be retained by the employer for the following period:
(i) Dive team member medical records (physician's reports) (WAC 296-37-525) - five years;
(ii) Safe practices manual (WAC 296-37-530) - current document only;
(iii) Depth-time profile (WAC 296-37-540) - until completion of the recording of dive, or until completion of decompression procedure assessment where there has been an incident of decompression sickness;
(iv) Recording dive (WAC 296-37-545) one year, except five years where there has been an incident of decompression sickness;
(v) Decompression procedure assessment evaluations (WAC 296-37-545) - five years;
(vi) Equipment inspections and testing records (WAC 296-37-570) - current entry or tag, or until equipment is withdrawn from service;
(vii) Records of hospitalizations (WAC 296-37-575) - five years.
(d) After the expiration of the retention period of any record required to be kept for five years, the employer shall forward such records to the National Institute for Occupational Safety and Health, Department of Health and Human Services. The employer shall also comply with any additional requirements set forth in WAC 296-62-05215.
(e) In the event the employer ceases to do business:
(i) The successor employer shall receive and retain all dive and employee medical records required by this standard; or
(ii) If there is no successor employer, dive and employee medical records shall be forwarded to the National Institute for Occupational Safety and Health, Department of Health and Human Services.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-37-575, filed 7/20/94, effective 9/20/94. Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060. 92-22-067 (Order 92-06), 296-37-575, filed 10/30/92, effective 12/8/92. Statutory Authority: RCW 49.17.040 and 49.17.050. 87-02-002 (Order 86-44), 296-37-575, filed 12/26/86. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-37-575, filed 8/27/81. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, and chapters 42.30 and 43.22 RCW. 78-10-094 (Order 78-18), 296-37-575, filed 10/2/78.]
OTS-4132.2
AMENDATORY SECTION(Amending WSR 99-09-080, filed 4/20/99,
effective 8/1/99)
WAC 296-45-015
Scope and application.
(1) This chapter
covers the operation and maintenance of electric power
generation, control, transformation, transmission, and
distribution lines and equipment. These provisions apply to:
(a) Power generation, transmission, and distribution installations, including related equipment for the purpose of communication or metering, which are accessible only to qualified employees;
| Note: | The types of installations covered by this chapter include the generation, transmission, and distribution installations of electric utilities, as well as equivalent installations of industrial establishments. Trolley maintenance, jumpering, and bypass is also covered by this chapter. Supplementary electric generating equipment that is used to supply a workplace for emergency, standby, or similar purposes only is covered under Part L of chapter 296-24 WAC and WAC 296-800-280. |
(i) Fuel and ash handling and processing installations, such as coal conveyors;
(ii) Water and steam installations, such as penstocks, pipelines, and tanks, providing a source of energy for electric generators; and
(iii) Chlorine and hydrogen systems.
(c) Test sites where electrical testing involving temporary measurements associated with electric power generation, transmission, and distribution is performed in laboratories, in the field, in substations, and on lines, as opposed to metering, relaying, and routine line work;
(d) Work on or directly associated with the installations covered in subsections (1)(a) through (c) of this section; and
(e) Line-clearance tree-trimming operations, as follows:
(i) This chapter except WAC 296-45-455, applies to line-clearance tree-trimming operations performed by qualified employees (those who are knowledgeable in the construction and operation of electric power generation, transmission, or distribution equipment involved, along with the associated hazards).
(ii) WAC 296-45-065, 296-45-125, 296-45-135, 296-45-255, 296-45-315, 296-45-375, and 296-45-455 through 296-45-45530 apply to line-clearance tree-trimming operations performed by line-clearance tree trimmers who are not qualified employees.
(2) Notwithstanding subsection (1) of this section, this
chapter does not apply to electrical installations, electrical
safety-related work practices, or electrical maintenance
considerations covered by Part L of chapter 296-24 WAC and WAC 296-800-280.
Note 1:
Work practices conforming to WAC 296-24-970 through 296-24-985 are considered as complying with the electrical
safety-related work practice requirements of this chapter, provided the work is being performed on a generation or distribution
installation meeting WAC 296-24-95601 through 296-24-95699. This chapter also applies to work by qualified persons
directly on or associated with installations of electric power generation, transmission, and distribution lines or equipment,
regardless of compliance with WAC 296-24-970 through 296-24-985.
Note 2:
Work practices performed by qualified persons and conforming to this chapter are considered as complying with WAC 296-24-95601 through 296-24-95699.
(3) This section applies in addition to all other applicable
safety and health standards administered by the department. Specific references in this section to other standards are
provided for emphasis only.
(4) Operation, conditions, work methods and other work related situations or activities not specifically covered by this chapter are subject to the rules and regulations of chapter 296-24 WAC, General safety and health standards; chapter 296-62 WAC, General occupational health standards; chapter 296-155 WAC, Safety standards for construction work; chapter 296-800 WAC, Safety and health core rules; and, insofar as applicable to employee safety and health, chapter 19.29 RCW. Additionally, operations, conditions, work methods and other work related situations or activities may be subject to additional rules and regulations depending upon the nature of the work being performed.
(5) These rules shall not apply to the use of existing electrical installations during their lifetime, provided they are maintained in good condition and in accordance with the applicable safety factor requirements and the rules in effect at the time they were installed, and provided that reconstruction shall conform to the rules as herein provided.
(6) Any rule, regulation or standard contained within this chapter, if subject to interpretation, shall be interpreted so as to achieve employee safety, which is the ultimate purpose of this chapter.
(7) Should a rule or standard contained within this chapter conflict, in any manner, with a standard or rule contained within any other chapter of Title 296 WAC the standard or rule contained herein shall apply so long as the work being done is power generation, transmission, and distribution installations, including related equipment for the purpose of communication or metering, which are accessible only to qualified employees. If there are rules within this chapter that conflict, the rule that provides the greatest employee safety will apply.
(8) Neither the promulgation of these rules, nor anything contained in these rules shall be construed as affecting the relative status or civil rights or liabilities between employers and their employees and/or the employees of others and/or the public generally; nor shall the use herein of the words "duty" and "responsibility" or either, import or imply liability other than provided for in the industrial insurance and safety laws of the state of Washington, to any person for injuries due to negligence predicated upon failure to perform or discharge any such "duty" or "responsibility," but failure on the part of the employees, leadworker, or employer to comply with any compulsory rule may be cause for the department of labor and industries to take action in accordance with the industrial insurance and safety laws.
(9) "Shall" and "must" as used in this chapter make the provisions mandatory. "Should," "may," or "it is recommended" are used to indicate the provisions are not mandatory but are recommended.
(10) If any section, subsection, phrase, or provisions of this chapter or part thereof should be held invalid by any court for any reason, such invalidity shall not in any way affect the validity of the remainder of this chapter, unless such decision renders the remainder of the provision unintelligible, or changes the meaning of such other provision or provisions.
(11) When the language used in this chapter indicates that it is the responsibility, duty, or obligation of the leadworker or other employee, it shall also be the employer's responsibility, obligation, and duty.
Whenever this chapter refers to the provisions of another safety and health standard or statute affecting safety and health, such reference refers to the statute or code in effect at the time the work is being performed.
[Statutory Authority: RCW 49.17.040. 99-09-080, 296-45-015, filed 4/20/99, effective 8/1/99. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-015, filed 3/6/98, effective 5/6/98.]
"Aerial manlift equipment" - Equipment such as extended towers, boom-mounted cages or baskets, and truck-mounted ladders, that is primarily designed to place personnel and equipment aloft to work on elevated structures and equipment.
"Affected employee" - An employee whose job requires him or her to operate or use a machine or equipment on which servicing or maintenance is being performed under lockout or tagout, or whose job requires him or her to work in an area in which such servicing or maintenance is being performed.
"Apprentice" - An employee who is being trained to be journey level.
"Approved" - Meets or exceeds the recognized standards of safety within the industry.
"Approved protectors" - Gloves worn over rubber insulating gloves which are of such material or substance and so constructed as to protect the rubber gloves from abrasions, lacerations, or other physical damage which might otherwise occur to rubber gloves. Approved protectors must conform to the standards which are recognized by the industry.
"Attendant" - An employee assigned to remain immediately outside the entrance to an enclosed or other space to render assistance as needed to employees inside the space.
"Authorized employee" - An employee who locks out or tags out machines or equipment in order to perform servicing or maintenance on that machine or equipment. An affected employee becomes an authorized employee when that employee's duties include performing servicing or maintenance covered under this section.
"Automatic circuit recloser" - A self-controlled device for interrupting and reclosing an alternating current circuit with a predetermined sequence of opening and reclosing followed by resetting, hold-closed, or lockout operation.
"Barricade" - A physical obstruction such as tapes, cones, or A-frame type wood or metal structures intended to provide a warning about and to limit access to a hazardous area.
"Barrier" - A physical obstruction which is intended to prevent contact with energized lines or equipment or to prevent unauthorized access to a work area.
"Bond" - The electrical interconnection of conductive parts designed to maintain a common electrical potential.
"Bus" - A conductor or a group of conductors that serve as a common connection for two or more circuits.
"Bushing" - An insulating structure, including a through conductor or providing a passageway for such a conductor, with provision for mounting on a barrier, conducting or otherwise, for the purposes of insulating the conductor from the barrier and conducting current from one side of the barrier to the other.
"Cable" - A conductor with insulation, or a stranded conductor with or without insulation and other coverings (single-conductor cable), or a combination of conductors insulated from one another (multiple-conductor cable).
"Cable sheath" - A conductive protective covering applied to cables.
| Note: | A cable sheath may consist of multiple layers of which one or more is conductive. |
"Clearance" (between objects) - The clear distance between two objects measured surface to surface.
"Clearance" (for work) - Authorization to perform specified work or permission to enter a restricted area.
"Communication lines." (See "Lines, communication.")
"Conductor" - A material, usually in the form of a wire, cable, or bus bar, used for carrying an electric current.
"Covered conductor" - A conductor covered with a dielectric having no rated insulating strength or having a rated insulating strength less than the voltage of the circuit in which the conductor is used.
"Current-carrying part" - A conducting part intended to be connected in an electric circuit to a source of voltage. Noncurrent-carrying parts are those not intended to be so connected.
"De-energized" - Free from any electrical connection to a source of potential difference and from electric charge; not having a potential difference from that of the earth.
| Note: | The term is used only with reference to current-carrying parts, which are sometimes energized (alive). |
"Electric line truck" - Any vehicle used to transport employees, tools, and material, which serves as a traveling workshop for electric power line construction and maintenance work. It may be equipped with a boom and auxiliary equipment for setting poles, digging holes, and elevating material and/or workers.
"Electric supply equipment" - Equipment that produces, modifies, regulates, controls, or safeguards a supply of electric energy.
"Electric supply lines." (See "Lines, electric supply.")
"Electric utility" - An organization responsible for the installation, operation, or maintenance of an electric supply system.
"Emergency" - An unforeseen occurrence endangering life, limb, or property.
"Enclosed" - Surrounded by a case, cage, fence or otherwise which will protect the contained equipment and prevent accidental contact of a person with live parts.
"Enclosed space" - A working space, such as a manhole, vault, tunnel, or shaft, that has a limited means of egress or entry, that is designed for periodic employee entry under normal operating conditions, and that under normal conditions does not contain a hazardous atmosphere, but that may contain a hazardous atmosphere under abnormal conditions.
| Note: | Spaces that are enclosed but not designed for employee entry under normal operating conditions are not considered to be enclosed spaces for the purposes of this section. Similarly, spaces that are enclosed and that are expected to contain a hazardous atmosphere are not considered to be enclosed spaces for the purposes of this section. Such spaces meet the definition of permit spaces in WAC 296-62-145, and entry into them must be performed in accordance with that standard. |
"Energy isolating device" - A physical device that prevents the transmission or release of energy, including, but not limited to, the following: A manually operated electric circuit breaker, a disconnect switch, a manually operated switch, a slide gate, a slip blind, a line valve, blocks, and any similar device with a visible indication of the position of the device. (Push buttons, selector switches, and other control-circuit-type devices are not energy isolating devices.)
"Energy source" - Any electrical, mechanical, hydraulic, pneumatic, chemical, nuclear, thermal, or other energy source that could cause injury to personnel.
"Equipment" (electric) - A general term including material, fittings, devices, appliances, fixtures, apparatus, and the like used as part of or in connection with an electrical installation.
"Exposed" - Not isolated or guarded.
"Fault current" - The current that flows in an electrical system because of a defect in the circuit induced accidentally or otherwise.
"Fixed ladder" - A ladder that is permanently secured to a structure.
"Ground" - A conducting connection, whether intentional or accidental, between an electric circuit or equipment and the earth, or to some conducting body that serves in place of the earth.
"Grounded" - Connected to earth or to some conducting body that serves in place of the earth.
"Grounded system" - A system of conductors in which at least one conductor or point (usually the middle wire, or neutral point of transformer or generator windings) is intentionally grounded either solidly or through a current-limiting device (not a current-interrupting device).
"Groundperson" - A member of crew working on ground under direction of a leadworker.
"Guarded" - Covered, fenced, enclosed, or otherwise protected, by means of suitable covers or casings, barrier rails or screens, mats, or platforms, designed to prevent the possibility, under normal conditions, of dangerous approach or accidental contact by persons or objects.
| Note: | Wires which are insulated, but not otherwise protected, are not considered as guarded. |
Flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit (LFL);
Airborne combustible dust at a concentration that meets or exceeds its LFL;
| Note: | This concentration may be approximated as a condition in which the dust obscures vision at a distance of 5 feet (1.52 m) or less; |
Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in chapter 296-62 WAC, Part L, or in chapter 296-62 WAC, toxic and hazardous substances, and which could result in employee exposure in excess of its dose or permissible exposure limit;
| Note: | An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due to its health effects is not covered by this provision. |
"IDLH" - Any condition that poses an immediate or delayed threat to life or that would cause irreversible adverse health effects or that would interfere with an individual's ability to escape unaided from a permit space.
Note:
Some materials (hydrogen fluoride gas and cadmium vapor, for example) may produce immediate transient effects that, even if
severe, may pass without medical attention, but are followed by sudden, possibly fatal collapse 12-72 hours after exposure. The victim "feels normal" from recovery from transient effects until collapse. Such materials in hazardous quantities are
considered to be "immediately" dangerous to life or health.
Note:
For air contaminants for which WISHA has not determined a dose or permissible exposure limit, other sources of information,
such as Material Safety Data Sheets that comply with the Chemical Hazard Communication ((
Standard, chapter 296-62 WAC,
Part C)) Program, WAC 296-800-170, published information, and internal documents can provide guidance in establishing
acceptable atmospheric conditions.
"High-power tests" - Tests in which fault currents, load
currents, magnetizing currents, and line-dropping currents are
used to test equipment, either at the equipment's rated voltage
or at lower voltages.
"High-voltage tests" - Tests in which voltages of approximately 1000 volts are used as a practical minimum and in which the voltage source has sufficient energy to cause injury.
"High wind" - A wind of such velocity that the following hazards would be present:
An employee would be exposed to being blown from elevated locations; or
An employee or material handling equipment could lose control of material being handled; or
An employee would be exposed to other hazards not controlled by the standard involved.
| Note: | Winds exceeding 40 miles per hour (64.4 kilometers per hour), or 30 miles per hour (48.3 kilometers per hour) if material handling is involved, are normally considered as meeting this criteria unless precautions are taken to protect employees from the hazardous effects of the wind. |
| Note: | When any object is said to be insulated, it is understood to be insulated for the conditions to which it is normally subjected. Otherwise, it is, within the purpose of this section, uninsulated. |
"Insulation shielding" - An envelope which encloses the insulation of a cable and provides an equipotential surface in contact with cable insulation.
"Isolated" - An object that is not readily accessible to persons unless special means of access are used.
"Leadworker" - The person directly in charge of workers doing the work, regardless of title.
"Line-clearance tree trimmer" - An employee who, through related training or on-the-job experience or both, is familiar with the special techniques and hazards involved in line-clearance tree trimming.
Note 1:
An employee who is regularly assigned to a line-clearance tree-trimming crew and who is undergoing on-the-job training and
who, in the course of such training, has demonstrated an ability to perform duties safely at his or her level of training and who is
under the direct supervision of a line-clearance tree trimmer is considered to be a line-clearance tree trimmer.
Note 2:
A line-clearance tree trimmer is not considered to be a "qualified employee" under this section unless he or she has the training
required for a qualified employee under WAC 296-45-065. However, under the electrical safety-related work practices
standard, a line-clearance tree trimmer is considered to be a "qualified employee." Tree trimming performed by such "qualified
employees" is not subject to the electrical safety-related work practice requirements contained in WAC 296-24-970. (See also
the note following WAC 296-24-970 for information regarding the training an employee must have to be considered a qualified
employee.)
"Line-clearance tree trimming" - The pruning, trimming,
repairing, maintaining, removing, or clearing of trees or the
cutting of brush that is within 10 feet (305 cm) of electric
supply lines and equipment.
"Lines" -
"Communication lines" - The conductors and their supporting or containing structures which are used for public or private signal or communication service, and which operate at potentials not exceeding 400 volts to ground or 750 volts between any two points of the circuit, and the transmitted power of which does not exceed 150 watts. If the lines are operating at less than 150 volts, no limit is placed on the transmitted power of the system. Under certain conditions, communication cables may include communication circuits exceeding these limitations where such circuits are also used to supply power solely to communication equipment.
| Note: | Telephone, telegraph, railroad signal, data, clock, fire, police alarm, cable television, and other systems conforming with this definition are included. Lines used for signaling purposes, but not included under this definition, are considered as electric supply lines of the same voltage. |
"Live-line tools and ropes" - Tools and ropes specifically designed for work on energized high voltage lines and equipment.
"Load-break elbow" - A connector designed to close and interrupt current on energized circuits within the design current and voltage rating.
"Manhole" - A subsurface enclosure which personnel may enter and which is used for the purpose of installing, operating, and maintaining submersible equipment or cable.
"Manhole steps" - A series of steps individually attached to or set into the walls of a manhole structure.
"Minimum approach distance" - The closest distance an employee is permitted to approach an energized or a grounded object.
"Neutral" - A system in which one conductor is used as the neutral for one or more circuits; one conductor may be used as the neutral for both primary and secondary circuits of a distribution system.
"Pole" - Any device used to support a power distribution or transmission line. The pole may be made of any substance including wood, concrete, metal, is usually cylindrical in shape and comparatively slender. It is the upright standard to which is affixed part of the power distribution and transmission line system as defined in this chapter.
"Power dispatcher" (load dispatcher or system operator) - A person who has been designated by the employer as having authority over switching and clearances of high voltage lines and station equipment.
"Protective devices" - Devices such as rubber gloves, rubber blankets, line hose, rubber boots, or other insulating devices, which are specifically designed for the protection of employees.
"Public highway" - Every way, land, road, street, boulevard, and every other way or place in the state open as a matter of right to public vehicular travel, both inside and outside the limits of cities and towns, regardless of ownership.
"Qualified person or qualified employee" - A person who is
familiar with the construction of, or operation of such lines
and/or equipment that concerns his/her position and who is fully
aware of the hazards connected therewith, or, one who has passed
a journey status examination for the particular branch of the
electrical trades with which he/she may be connected.
Note 1:
An employee must have the training required by WAC 296-45-065(1) in order to be considered a qualified employee.
Note 2:
(Apprentice) Except under WAC 296-45-25510(12), an employee who is undergoing on-the-job training and who, in the
course of such training, has demonstrated an ability to perform duties safely at his or her level of training and who is under the
direct supervision of a qualified person is considered to be a qualified person for the performance of those duties.
"Rubber" - Any goods, equipment, or tool made out of either
natural or synthetic rubber.
"Secured ladder" - A ladder which is not capable of being dislodged from the top by lateral, or jerking motion(s).
"Sheath" - As applied to tools carried in a lineman's tool belt, a sheath that effectively covers the tool and prevents such tool from falling from the belt.
"Step bolt" - A bolt or rung attached at intervals along a structural member and used for foot placement during climbing or standing.
"Supporting structure" - The main supporting unit (usually a pole or tower).
"Switch" - A device for opening and closing or for changing the connection of a circuit. In these rules, a switch is understood to be manually operable, unless otherwise stated.
"System operator or power dispatcher" - A qualified person who has been designated by the employer and having authority over switching, clearances, and operation of the system and its parts.
"Tag" - A system or method of identifying circuits, systems, or equipment for the purpose of alerting employees and others that the circuit, system, or equipment is being worked on.
"Underground network" - An underground electrical installation fed from multiple primary sources directly associated with area-wide secondary network connected into a common grid.
"Underground residential distribution system" (URD) - An electrical installation normally fed from a single primary source which may feed one or more transformers with secondaries not connected to a common grid.
"Utility" - An organization responsible for the installation, operation, or maintenance of electric supply or communications systems.
"Vault" - An enclosure, above or below ground, which personnel may enter and which is used for the purpose of installing, operating, or maintaining equipment or cable.
"Vented vault" - A vault that has provision for air changes using exhaust flue stacks and low level air intakes operating on differentials of pressure and temperature providing for airflow which precludes a hazardous atmosphere from developing.
"Voltage" - The effective (rms) potential difference between any two conductors or between a conductor and ground. Voltages are expressed in nominal values unless otherwise indicated. The nominal voltage of a system or circuit is the value assigned to a system or circuit of a given voltage class for the purpose of convenient designation. The operating voltage of the system may vary above or below this value.
| Note: | Low voltage includes voltages from 50 to 600 volts. High voltage shall mean those voltages of 601 volts to 230,000. Extra high voltage means any voltage over 230,000 volts. Where the words "high voltage" are used in this chapter it shall include extra high voltage, unless otherwise specified. |
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-035, filed 3/6/98, effective 5/6/98.]
(2) The employer shall develop and maintain a chemical
hazard communication program as required by ((Part C, chapter
296-62)) WAC 296-800-170, which will provide information to all
employees relative to hazardous chemicals or substances to which
they are exposed, or may become exposed, in the course of their
employment.
(3) There shall be installed and maintained in every fixed establishment employing eight or more persons a safety bulletin board of a size to display and post safety bulletins, newsletters, posters, accident statistics and other safety educational material. It is recommended that safety bulletin boards be painted green and white.
(4) The employer shall require the leadworker to observe and enforce all safety rules and shall furnish a copy of the electrical workers' safety rules to each employee who is covered by these rules.
(5) The employer shall appoint only competent workers to supervise other employees and those appointed shall be responsible for the safety of the employees under their supervision.
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-055, filed 3/6/98, effective 5/6/98.]
(1) Cardiopulmonary resuscitation and first-aid training. When employees are performing work on or associated with exposed lines or equipment energized at 50 volts or more, persons trained in first aid including cardiopulmonary resuscitation (CPR) shall be available as follows:
(a) For field work involving two or more employees at a work location, at least two trained persons shall be available. However, only one trained person need be available if all new employees are trained in first aid, including CPR, within 3 months of their hiring dates.
(b) For fixed work locations such as generating stations, the number of trained persons available shall be sufficient to ensure that each employee exposed to electric shock can be reached within 4 minutes by a trained person. However, where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example), all employees at the work location shall be trained.
(2) First-aid supplies. First-aid supplies required by
((chapter 296-24)) WAC 296-800-160 shall be placed in
weatherproof containers if the supplies could be exposed to the
weather.
(3) First-aid kits. Each first-aid kit shall be maintained, shall be readily available for use, and shall be inspected frequently enough to ensure that expended items are replaced but at least once per year.
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-125, filed 3/6/98, effective 5/6/98.]
(2) All protective hats shall be in accordance with the specifications of ANSI Z89.2-1971 Edition Industrial Protective Helmets for Electrical Workers, Class B, and shall be worn at the jobsite by employees who are exposed to overhead or electrical hazards.
(3) Wearing apparel. Goggles, hearing protection, respirators, rubber gloves, and other such personal protective devices shall not be interchanged among employees unless they have been sanitized.
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-25505, filed 3/6/98, effective 5/6/98.]
(2) Special ladders and platforms. Portable ladders and
platforms used on structures or conductors in conjunction with
overhead line work need not meet chapter 296-24 WAC, Part J-1
((or)), chapter 296-155 WAC, Part J or WAC 296-800-290. However,
these ladders and platforms shall meet the following
requirements:
(a) Ladders and platforms shall be secured to prevent their becoming accidentally dislodged.
(b) Ladders and platforms may not be loaded in excess of the working loads for which they are designed.
(c) Ladders and platforms may be used only in applications for which they were designed.
(d) In the configurations in which they are used, ladders and platforms shall be capable of supporting without failure at least 2.5 times the maximum intended load.
(e) All ladders shall be handled and stored in such a manner as to prevent damage to the ladder.
(f) When ascending or descending a ladder, the employee shall face the ladder and have free use of both hands.
(g) All defective ladders shall be taken out of service and labeled as defective.
(h) When a ladder is being used which is not fixed or otherwise secured, there shall be an attendant to hold the ladder and watch traffic when the work is being done on streets, alleys, sidewalks, or in industrial plants or other places where there exists the possibility of accidental contact with the ladder by third persons or vehicles.
(i) When working on the ladder, employees shall, where possible, tie the top of the ladder to a substantial object to prevent falling unless the ladder is equipped with approved hooks which may be used for the same purpose.
(j) Portable ladders shall not be moved with employees on the ladder.
(k) No employee shall ascend or descend a rolling ladder while it is moving.
(l) No employee shall stand on the top two steps of a step ladder.
(m) No employee shall use a step ladder as a straight ladder.
(n) Ladders shall always be placed on a secure footing with both legs resting firmly on the lower surface.
(o) Ladders made by fastening cleats or similar devices across a single rail shall not be used.
(3) Conductive ladders. Portable metal ladders and other portable conductive ladders may not be used near exposed energized lines or equipment. However, in specialized high-voltage work, conductive ladders shall be used where the employer can demonstrate that nonconductive ladders would present a greater hazard than conductive ladders.
| Note: | A greater electrical hazard would be static electricity such as might be found in extra high voltage substations. |
| Note: | See chapter 296-24 WAC for additional ladder requirements. |
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-275, filed 3/6/98, effective 5/6/98.]
(a) The employer shall assure that each hand and portable powered tool, including any tool provided by an employee, is maintained in serviceable condition.
(b) The employer shall assure that each tool, including any tool provided by an employee, is inspected before initial use during each workshift. At a minimum, the inspection shall include the following:
(i) Handles and guards, to assure that they are sound, tight-fitting, properly shaped, free of splinters and sharp edges, and in place;
(ii) Controls, to assure proper function;
(iii) Heads of shock, impact-driven and driving tools, to assure that there is no mushrooming;
(iv) Cutting edges, to assure that they are sharp and properly shaped; and
(v) All other safety devices, to assure that they are in place and function properly.
(c) The employer shall assure that each tool is used only for purposes for which it has been designed.
(d) When the head of any shock, impact-driven or driving tool begins to chip, it shall be repaired or removed from service.
(e) The cutting edge of each tool shall be sharpened in accordance with manufacturer's specifications whenever it becomes dull during the workshift.
(f) Each tool shall be stored in the provided location when not being used at a work site.
(g) Racks, boxes, holsters or other means shall be provided, arranged and used for the transportation of tools so that a hazard is not created for any vehicle operator or passenger.
(2) Electric equipment connected by cord and plug must meet the following requirements:
(a) Cord- and plug-connected equipment supplied by premises wiring is covered by chapter 296-24 WAC, Part L and WAC 296-800-280.
(b) Any cord- and plug-connected equipment supplied by other than premises wiring shall comply with one of the following instead of chapter 296-24 WAC, Part L and WAC 296-800-280:
(i) It shall be equipped with a cord containing an equipment grounding conductor connected to the tool frame and to a means for grounding the other end (however, this option may not be used where the introduction of the ground into the work environment increases the hazard to an employee); or
(ii) It shall be of the double-insulated type conforming to 296-24 WAC, Part L and WAC 296-800-280; or
(iii) It shall be connected to the power supply through an isolating transformer with an ungrounded secondary.
(3) Portable and vehicle-mounted generators. Portable and vehicle-mounted generators used to supply cord- and plug-connected equipment shall meet the following requirements:
(a) The generator may only supply equipment located on the generator or the vehicle and cord- and plug-connected equipment through receptacles mounted on the generator or the vehicle.
(b) The non-current-carrying metal parts of equipment and the equipment grounding conductor terminals of the receptacles shall be bonded to the generator frame.
(c) In the case of vehicle-mounted generators, the frame of the generator shall be bonded to the vehicle frame.
(d) Any neutral conductor shall be bonded to the generator frame.
(4) Hydraulic and pneumatic tools must meet the following requirements:
(a) Safe operating pressures for hydraulic and pneumatic tools, hoses, valves, pipes, filters, and fittings may not be exceeded.
| Note: | If any hazardous defects are present, no operating pressure would be safe, and the hydraulic or pneumatic equipment involved may not be used. In the absence of defects, the maximum rated operating pressure is the maximum safe pressure. |
(c) The hydraulic system supplying a hydraulic tool used where it may contact exposed live parts shall provide protection against loss of insulating value for the voltage involved due to the formation of a partial vacuum in the hydraulic line.
| Note: | Hydraulic lines without check valves having a separation of more than 35 feet (10.7 m) between the oil reservoir and the upper end of the hydraulic system promote the formation of a partial vacuum. |
(e) Pressure shall be released before connections are broken, unless quick acting, self-closing connectors are used. Hoses may not be kinked.
(f) Employees may not use any part of their bodies to locate or attempt to stop a hydraulic leak.
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-285, filed 3/6/98, effective 5/6/98.]
(2) Equipment on which employees stand to spray while the vehicle is in motion shall be equipped with guardrails around the working area. The guardrail shall be constructed in accordance with chapter 296-24 WAC, Part J-1 and WAC 296-800-260.
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-45510, filed 3/6/98, effective 5/6/98.]
(1) Areas where chemical cleaning is in progress shall be cordoned off to restrict access during cleaning. If flammable liquids, gases, or vapors or combustible materials will be used or might be produced during the cleaning process, the following requirements also apply:
(a) The area shall be posted with signs restricting entry and warning of the hazards of fire and explosion; and
(b) Smoking, welding, and other possible ignition sources are prohibited in these restricted areas.
(2) The number of personnel in the restricted area shall be limited to those necessary to accomplish the task safely.
(3) There shall be ready access to water or showers for emergency use.
| Note: | See chapter 296-24 WAC, Part B and WAC 296-800-230 for requirements that apply to the water supply and to washing facilities. |
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-48535, filed 3/6/98, effective 5/6/98.]
OTS-4303.1
AMENDATORY SECTION(Amending WSR 98-07-009, filed 3/6/98,
effective 5/6/98)
WAC 296-45-075
Employer's safety program.
(1) The employer
shall hold safety meetings at least once a month, which meetings
shall be held at a reasonable time and place as selected by the
employer. The employer shall require all employees subject to
provisions of this chapter to attend said meetings: Provided,
That employees whose presence is otherwise required by reason of
an emergency or whose function is such that they cannot leave
their station or cease their work without serious detriment to
the service provided, such as dispatcher, may be excused from
such meeting under those circumstances. Minutes shall be kept of
each safety meeting and retained for a period of one year.
(2) The employer or a representative(s) designated shall investigate all accidents or injuries of a serious nature and, where possible, take the proper remedial steps to prevent the occurrence of similar accidents.
(3) The employer shall furnish instructions stating the proper procedure in event of an emergency, which shall include the names of those individuals to be notified and methods of contacting them.
(4) The employer shall provide and make available to all employees accident report and safety suggestion forms or other approved methods. Safety suggestion forms should, where possible, be used for suggesting the elimination of hazardous conditions and such reported suggestions shall be retained (for one year) by the employer or an authorized representative.
(5) The employer must notify the department of employee
fatalities or catastrophes according to the requirements of WAC
((296-24-020)) 296-800-320.
(6) Nothing contained within this chapter shall prohibit an employer or an authorized representative from disciplining employees for failure to comply with the provisions of this or any other safety code.
(7) Existing conditions related to the safety of the work to be performed shall be determined before work on or near electric lines or equipment is started. Such conditions include, but are not limited to, the nominal voltages of lines and equipment, the maximum switching transient voltages, the presence of hazardous induced voltages, the presence and condition of protective grounds and equipment grounding conductors, the condition of poles, environmental conditions relative to safety, and the locations of circuits and equipment, including power and communication lines and fire protective signaling circuits.
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, 296-45-075, filed 3/6/98, effective 5/6/98.]
OTS-4133.1
AMENDATORY SECTION(Amending WSR 95-07-014, filed 3/6/95,
effective 4/20/95)
WAC 296-52-465
Storage of ammonium nitrate.
(1) Scope and
definitions.
(a) Except as provided in (d) of this subsection applies to the storage of ammonium nitrate in the form of crystals, flakes, grains, or prills including fertilizer grade, dynamite grade, nitrous oxide grade, technical grade, and other mixtures containing 60 percent or more ammonium nitrate by weight but does not apply to blasting agents.
(b) This section does not apply to the transportation of ammonium nitrate while such transportation is being conducted under U.S. DOT jurisdiction and in compliance with DOT regulations (see 49 CFR Part 173).
(c) This section does not apply to storage under the jurisdiction of and in compliance with the regulations of the United States Coast Guard (see 46 CFR Parts 146-149).
(d) This section shall not apply to storage of ammonium nitrate and ammonium nitrate mixtures which are more sensitive than allowed by the "Definition and Test Procedures for Ammonium Nitrate Fertilizers" from the FERTILIZER INSTITUTE. Storage of ammonium nitrate which is above the sensitivity criteria shall comply with WAC 296-52-469, Storage of Blasting Agents and Supplies.
(e) Nothing in this section shall apply to the production of ammonium nitrate or to the storage of ammonium nitrate on the premises of the producing plant, provided that no distinct undue hazard to employees or the public is created.
(f) The definition and test procedures for ammonium nitrate fertilizer are those found in the bulletin, "Definition and test procedures for ammonium nitrate fertilizer," available from the Fertilizer Institute, 501 2nd St. N.E., Washington, D.C. 20006. This definition limits the contents of organic materials, metals, sulfur, etc., in a product that may be classified ammonium nitrate fertilizer.
(g) The standards for ammonium nitrate (nitrous oxide grade) are those found in the "specifications, properties, and recommendations for packaging, transportation, storage, and use of ammonium nitrate," available from the Compressed Gas Association, Inc., 1235 Jefferson Davis Highway, Suite 1004, Arlington, VA 22202-4100.
(2) General provisions.
(a) This subsection applies to all persons storing, having, or keeping ammonium nitrate, and to the owner or lessee of any building, premises, or structure in which ammonium nitrate is stored in quantities of 1,000 pounds (454 kg) or more.
(b) Approval of large quantity storage shall be subject to due consideration of the fire and explosion hazards, including exposure to toxic vapors from burning or decomposing ammonium nitrate.
(c) Storage buildings shall not have basements unless the basements are open on at least one side. Storage buildings shall not be over one story in height.
(d) Storage buildings shall have adequate ventilation or be of a construction that will be self-ventilating in the event of fire.
(e) The wall on the exposed side of a storage building within 50 feet (15.2 m) of a combustible building, forest, piles of combustible materials and similar exposure hazards shall be of fire-resistive construction. (See NFPA Std. 220, Type 1 Construction.) In lieu of the fire-resistive wall, other suitable means of exposure protection such as a free standing wall may be used. The roof coverings shall be Class C or better, as defined in Roof Coverings, NFPA 203M-1970.
(f) All flooring in storage and handling areas, shall be of noncombustible material or protected against impregnation by ammonium nitrate and shall be without open drains, traps, tunnels, pits, or pockets into which any molten ammonium nitrate could flow and be confined in the event of fire.
(g) The continued use of an existing storage building or structure not in strict conformity with this section may be approved in cases where such continued use will not constitute a hazard to life or adjoining property.
(h) Buildings and structures shall be dry and free from water seepage through the roof, walls, and floors.
(3) Storage of ammonium nitrate in bags, drums, or other containers.
(a) Bags and containers used for ammonium nitrate must comply with specifications and standards required for use in interstate commerce (see 49 CFR Chapter I).
(b) Containers used on the premises in the actual manufacturing or processing need not comply with provisions of (a) of this subsection.
(c) Containers of ammonium nitrate shall not be accepted for storage when the temperature of the ammonium nitrate exceeds 130F (54.4C).
(d) Bags of ammonium nitrate shall not be stored within 30 inches (76 cm) of the storage building walls and partitions.
(e) The height of piles shall not exceed 20 feet (6.1 m). The width of piles shall not exceed 20 feet (6.1 m) and the length 50 feet (15.2 m) except that where the building is of noncombustible construction or is protected by automatic sprinklers the length of piles shall not be limited. In no case shall the ammonium nitrate be stacked closer than 36 inches (0.9 m) below the roof or supporting and spreader beams overhead.
(f) Aisles shall be provided to separate piles by a clear space of not less than 3 feet (0.9 m) in width. At least one service or main aisle in the storage area shall be not less than 4 feet (1.2 m) in width.
(4) Storage of bulk ammonium nitrate.
(a) Warehouses shall have adequate ventilation or be capable of adequate ventilation in case of fire.
(b) Unless constructed of noncombustible material or unless adequate facilities for fighting a roof fire are available, bulk storage structures shall not exceed a height of 40 feet (12.2 m).
(c) Bins shall be clean and free of materials which may contaminate ammonium nitrate.
(d) Due to the corrosive and reactive properties of ammonium nitrate, and to avoid contamination, galvanized iron, copper, lead, and zinc shall not be used in a bin construction unless suitably protected. Aluminum bins and wooden bins protected against impregnation by ammonium nitrate are permissible. The partitions dividing the ammonium nitrate storage from other products which would contaminate the ammonium nitrate shall be of tight construction.
(e) The ammonium nitrate storage bins or piles shall be clearly identified by signs reading "ammonium nitrate" with letters at least 2 inches (5 cm) high.
(f) Piles or bins shall be so sized and arranged that all material in the pile is moved out periodically in order to minimize possible caking of the stored ammonium nitrate.
(g) Height or depth of piles shall be limited by the pressure-setting tendency of the product. However, in no case shall the ammonium nitrate be piled higher at any point than 36 inches (0.9 m) below the roof or supporting and spreader beams overhead.
(h) Ammonium nitrate shall not be accepted for storage when the temperature of the product exceeds 130F (54.4C).
(i) Dynamite, other explosives, and blasting agents shall not be used to break up or loosen caked ammonium nitrate.
(5) Contaminants.
(a) Ammonium nitrate shall be in a separate building or shall be separated by approved type firewalls of not less than 1 hour fire-resistance rating from storage or organic chemicals, acids, or other corrosive materials, materials that may require blasting during processing or handling, compressed flammable gases, flammable and combustible materials or other contaminating substances, including but not limited to animal fats, baled cotton, baled rags, baled scrap paper, bleaching powder, burlap or cotton bags, caustic soda, coal, coke, charcoal, cork, camphor, excelsior, fibers of any kind, fish oils, fish meal, foam rubber, hay, lubricating oil, linseed oil, or other oxidizable or drying oils, naphthalene, oakum, oiled clothing, oiled paper, oiled textiles, paint, straw, sawdust, wood shavings, or vegetable oils. Walls referred to in this subsection need extend only to the underside of the roof.
(b) In lieu of separation walls, ammonium nitrate may be separated from the materials referred to in (a) of this subsection by a space of at least 30 feet (9.1 m).
(c) Flammable liquids such as gasoline, kerosene, solvents, and light fuel oils shall not be stored on the premises except when such storage conforms to WAC 296-24-330, and when walls and sills or curbs are provided in accordance with (a) or (b) of this subsection.
(d) LP-Gas shall not be stored on the premises except when such storage conforms to WAC 296-24-475.
(e) Sulfur and finely divided metals shall not be stored in the same building with ammonium nitrate except when such storage conforms to chapter 296-52 WAC and NFPA Std. 495, Explosive Materials Code.
(f) Explosives and blasting agents shall not be stored in the same building with ammonium nitrate except on the premises of makers, distributors, and user-compounders of explosives or blasting agents.
(g) Where explosives or blasting agents are stored in separate buildings, other than on the premises of makers, distributors, and user-compounders of explosives or blasting agents, they shall be separated from the ammonium nitrate by the distances and/or barricades specified in Table H-22 of WAC 296-52-481, but by not less than 50 feet (15.2 m).
(h) Storage and/or operations on the premises of makers, distributors, and user-compounders of explosives or blasting agents shall be in conformity with chapter 296-52 WAC.
(6) General precautions.
(a) Electrical installations shall conform to the requirements of chapter 296-24 WAC, Part L, and WAC 296-800-280, for ordinary locations. They shall be designed to minimize damage from corrosion.
(b) In areas where lightning storms are prevalent, lightning protection shall be provided. (See the Lightning Protection Code, NFPA 78-1992.)
(c) Provisions shall be made to prevent unauthorized personnel from entering the ammonium nitrate storage area.
(7) Fire protection.
(a) Not more than 2,500 (2270 metric) tons of bagged ammonium nitrate shall be stored in a building or structure not equipped with an automatic sprinkler system. Sprinkler systems shall be of the approved type and installed in accordance with WAC 296-24-607.
(b) Suitable fire control devices such as small hose or portable fire extinguishers shall be provided throughout the warehouse and in the loading and unloading areas. Suitable fire control devices shall comply with the requirements of WAC 296-24-592 and 296-24-602.
(c) Water supplies and fire hydrants shall be available in accordance with recognized good practices.
[Statutory Authority: Chapter 49.17 RCW. 95-07-014, 296-52-465, filed 3/6/95, effective 4/20/95; 91-03-044 (Order 90-18), 296-52-465, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-10-044 (Order 86-24), 296-52-465, filed 5/6/86.]
(2) The regulations of this section shall be applicable in-and-on job sites and off-highway roads. The department of labor and industries shall administer these regulations in locations such as but not limited to: Construction or mining access roads and blast sites; off-highway forest roads including both publicly and privately owned logging roads, haul roads or general access roads.
| Note: | Examples of publicly owned off-highway roads where these regulations are applicable shall include, but are not limited to: U.S. Forest Service roads, Bureau of Land Management roads, state department of natural resources roads, but specifically not including the state or interstate highway system. |
(b) Explosives shall not be carried on any vehicle while vehicle is being used to transport workers other than driver and two persons.
(c) Explosives shall be transferred from a disabled vehicle to another, only when proper and qualified supervision is provided. Local fire and police departments shall be promptly notified in congested areas. In remote areas they shall be notified if appropriate.
(d) Other materials or supplies shall not be placed on or in the cargo space of a conveyance containing explosives, detonating cord or detonators, except carrying safety fuse, and properly secured, nonsparking equipment used expressly in the handling of such explosives will be permissible.
(3) Transportation vehicles.
(a) All vehicles used for transporting explosives shall be strong enough to carry the load without difficulty and be in good mechanical condition. The cargo compartment(s) shall have a tight floor and must not have any exposed spark producing metal on the inside which could come into contact with explosives cargo.
(b) Explosives vehicles used on any roadway which is open to public travel shall comply with WAC 296-52-550, Appendix II.
(c) Open top explosives transportation vehicles may only be used on the jobsite or on roads which are not open to public travel (while laden with explosives). In open top vehicles or trailers, explosives may only be transported in the original DOT approved shipping container(s)/box(es) or a daybox or portable magazine which complies with the requirements of this chapter. In all instances the explosive container(s), box(es), daybox or portable magazine shall be secured to the bed of the vehicle or trailer.
(i) If an explosives transportation vehicle or trailer does not have a fully enclosed cargo area with nonsparking interior, the cargo bed and all explosive cargo shall be covered with a flameproof and moisture-proof tarpaulin or other effective protection against moisture and sparks. Whenever tarpaulins are used for covering explosives, both the tarpaulin and the explosives container shall be secured to the body of the truck bed by means of rope, wire, or other equally efficient tie downs.
(ii) Packages of explosives shall not be loaded above the sides on open-sided vehicles.
(4) Vehicles shall be placarded and displayed as specified by the United States Department of Transportation, CFR 49-1981, Parts 100 through 199. Placards shall remain on the vehicle until all explosives have been removed from the vehicle.
(5)(a) Each motor vehicle used for transporting explosives shall be equipped with a minimum of two extinguishers, each having a rating of at least 2A 10BC. The driver shall be trained in the use of the extinguishers on the vehicle.
(i) Only extinguishers listed or approved by a nationally recognized testing laboratory shall be deemed suitable for use on explosives-carrying vehicles. Refer to WAC 296-24-58501(19) and 296-800-300 for definition of listed, and federal regulation 29 CFR 1910.7 for nationally recognized testing laboratory.
(ii) Extinguishers shall be filled and ready for immediate use and readily available. Extinguishers shall be examined periodically by a competent person.
(b) A motor vehicle used for transporting explosives shall be given the following inspection to determine that it is in proper condition for safe transportation of explosives:
(i) Fire extinguishers shall be filled and in working order.
(ii) All electrical wiring shall be completely protected and securely fastened to prevent short-circuiting.
(iii) Chassis, motor, pan, and underside of body shall be reasonably clean and free of excess oil and grease.
(iv) Fuel tank and feedline shall be secure and have no leaks.
(v) Brakes, lights, horn, windshield wipers, and steering apparatus shall function properly.
(vi) Tires shall be checked for proper inflation and defects.
(vii) The vehicle shall be in proper condition in every other respect and acceptable for handling explosives.
(c) Motor vehicles or conveyances carrying explosives, blasting agents, or blasting supplies, shall not be taken inside a garage or shop for repairs or servicing.
(6) Operation of transportation vehicles.
(a) Vehicles transporting explosives shall only be driven by and be in the charge of a licensed driver who is not less than twenty-one years of age, physically fit, careful, capable, reliable, able to read and write the English language, and not addicted to the use, or under the influence of intoxicants, narcotics, or other dangerous drugs. This rule does not apply to persons taking prescription drugs and/or narcotics as directed by a physician providing such use shall not endanger the worker or others. They shall be familiar with the traffic regulations, state laws, and the provisions of this section.
(i) Explosives may only be transported by a licensed manufacturer, blaster, purchaser or seller, or the designated agent or representative thereof, or a contract carrier for hire who complies with all requirements for transportation of hazardous materials.
(ii) The person in control of the explosive laden vehicle shall be made aware of the nature of the cargo and pertinent safety precautions relating to the particular explosive(s) being transported.
(b) Parking. A motor vehicle which contains Class A or Class B explosives must not be parked under any of the following circumstances:
(i) On or within 5 feet of the traveled portion of a public street or highway;
(ii) On private property (including premises of a fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or
(iii) Within 300 feet of a bridge, tunnel, dwelling, building, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place.
(c) Every motor vehicle transporting any quantity of Class A or Class B explosives shall, at all times, be attended by a driver or other attendant of the motor carrier. This attendant shall have been made aware of the class of the explosive material in the vehicle and of its inherent dangers, and shall have been instructed in the measures and procedures to be followed in order to protect the public from those dangers. The attendant shall have been made familiar with the vehicle to which assigned, and shall be trained, supplied with the necessary means, and authorized to move the vehicle when required.
(i) For the purpose of this subdivision, a motor vehicle shall be deemed "attended" only when the driver or other attendant is physically on or in the vehicle, or has the vehicle within the driver or attendants field of vision and can reach it quickly and without any kind of interference; "attended" also means that the driver or attendant is awake, alert, and not engaged in other duties or activities which may divert their attention from the vehicle.
(ii) An explosive laden vehicle may be left unattended for a period not to exceed 48 hours provided that:
(A) The vehicle is parked in a designated parking lot which complies with NFPA Std. 498 and with the appropriate clearance table of this chapter for the type and quantity of explosives carried;
(B) The designated parking lot is correctly bermed and walled or fenced and gated to prevent unauthorized entry;
(C) The designated lot is inspected and approved by the department of labor and industries and is provided with a full-time security patrol at all times when explosives are present;
(D) Trucks used for explosives delivery which contain only blasting agents (International Class 1.5 D) and no high explosives need not be attended provided the vehicle is locked to prevent movement of the vehicle, the cargo compartments are locked to prevent theft, the vehicle is parked according to all applicable storage distance requirements, and the vehicle is located in a secured area which restricts entry to the area by unauthorized personnel.
(d) No spark-producing metal, spark-producing tools, oils, matches, firearms, electric storage batteries, flammable substances, acids, oxidizing materials, or corrosive compounds shall be carried in the body of any motor truck and/or vehicle transporting explosives, unless the loading of such dangerous articles and the explosives comply with U.S. Department of Transportation regulations.
(e) Vehicles transporting explosives shall avoid congested areas and heavy traffic.
(f) Delivery and issue of explosives shall only be made by and to authorized persons and into authorized magazines or authorized temporary storage or handling area.
(7) Transporting blasting caps and explosives in the same vehicle.
(a) Fuse type blasting caps, blasting caps with safety fuse and/or blasting caps with metal clad mild detonating fuse shall not be transported over the highways on the same vehicle or trailer with other explosives, unless packaged, segregated, and transported in accordance with the department of transportation's hazardous materials regulations.
(b) Blasting caps rated by U.S. DOT as nonmass detonating may be transported in the same vehicle or trailer with other explosives when:
(i) The caps are carried in DOT approved shipping containers:
(ii) The truck or trailer complies with Appendix 1, WAC 296-52-550.
(8) When primers are made up at a central primer house for use in high speed tunneling, the following shall apply:
(a) Only enough primers shall be made up for each round of blasting.
(b) The primers shall be placed in separate containers or bins, categorized by degree of delay in such a manner so as to prevent them from physical impact.
(c) Explosives carried in the same magazine shall be separated by 1/4-inch steel, covered on each side by four inches of hardwood planking, or equivalent.
(d) Hoist operators shall be notified before explosives or blasting agents are transported in a shaft conveyance.
(e) Explosives and blasting agents shall be hoisted, lowered, or conveyed in a powder car. No other materials, supplies, or equipment shall be transported in the same conveyance at the same time.
(f) Only a state approved powder car or conveyance shall be used underground.
(g) All explosives or blasting agents in transit underground shall be taken to the place of use or storage without delay.
(h) The quantity of explosives or blasting agents taken to an underground loading area shall not exceed the amount estimated to be necessary for the blast.
(i) The number of primers for one round will be removed from the state approved car or vehicle at the face or heading after the drilling has been completed and the holes readied for loading. After loading the charge, the powder car or vehicle will be withdrawn from the tunnel.
(j) Wires on electric caps shall be kept shunted until wired to the bus wires.
(k) The powder car or conveyance shall be inspected daily for lights, brakes and external damage to electrical circuitry. The electrical system shall be checked weekly to detect any failures that may constitute an electrical hazard and a written certification record of such inspection shall be kept on file for the duration of the job. The certification record shall contain the date of inspection, the serial number or other positive identification of the unit being inspected and the signature of the person performing the inspection.
(l) The installation of auxiliary lights on truck beds, which are powered by the truck's electrical system, shall be prohibited.
(m) No one, except the operator, the helper, and/or the powderperson, shall be permitted to ride on a conveyance transporting explosives and blasting agents.
(n) No person shall ride in any shaft conveyance transporting explosives and blasting agents.
(o) No explosives or blasting agents shall be transported on a crew-haul trip.
(p) The car or conveyance containing explosives or blasting agents shall be pulled, not pushed, whenever possible.
(q) The powder car or conveyance especially built for the purpose of transporting explosives or blasting agents shall bear a reflectorized sign on each side with the word "explosives" in letters not less than 4 inches in height; upon a background of sharply contrasting color.
(r) Compartments for transporting detonators and explosives in the same car or conveyance shall be physically separated by a distance of 24 inches or by a solid partition at least 6 inches thick.
(s) Detonators and other explosives shall not be transported at the same time in any shaft conveyance.
(t) Explosives and/or blasting agents, not in original containers, shall be placed in a suitable container when transported manually.
(u) No explosives or blasting agents shall be transported on any locomotive. At least two car lengths shall separate the locomotive from the powder car.
(9) When explosives are carried to the blasting site from the main storage magazines by the blaster or helper:
(a) Special insulated containers or original DOT shipping containers shall be used for this purpose, either boxes or bags, one container for explosives and one for detonators.
(b) Detonators or explosives shall never be carried in pockets of clothing.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-094, 296-52-489, filed 8/17/99, effective 12/1/99. Statutory Authority: RCW 49.17.040. 98-19-056, 296-52-489, filed 9/15/98, effective 11/8/98. Statutory Authority: Chapter 49.17 RCW. 95-07-014, 296-52-489, filed 3/6/95, effective 4/20/95; 92-17-022 (Order 92-06), 296-52-489, filed 8/10/92, effective 9/10/92; 91-03-044 (Order 90-18), 296-52-489, filed 1/10/91, effective 2/12/91; 88-23-054 (Order 88-25), 296-52-489, filed 11/14/88. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-10-044 (Order 86-24), 296-52-489, filed 5/6/86.]
(2) Fixed location mixing.
(a) Buildings or other facilities used for mixing blasting agents shall be located, with respect to inhabited buildings, passenger railroads, and public highways, in accordance with Table H-20. In determining the distance separating highways, railroads, and inhabited buildings from potential explosions (as prescribed in Table H-20), the sum of all masses which may propagate (i.e., lie at distances less than prescribed in Table H-22) from either individual or combined donor masses are included. However, when the ammonium nitrate must be included, only fifty percent of its weight shall be used because of its reduced blast effects.
(b) Buildings used for the mixing of blasting agents shall conform to the requirements of this section.
(i) Buildings shall be of noncombustible construction or sheet metal on wood studs.
(ii) Floors in a mixing plant shall be of concrete or of other nonabsorbent materials.
(iii) All fuel oil storage facilities shall be separated from the mixing plant and located in such a manner that in case of tank rupture, the oil will drain away from the mixing plant building.
(iv) The building shall be well ventilated.
(v) Heating units which do not depend on combustion processes, when properly designed and located, may be used in the building. All direct sources of heat shall be located outside the mixing building.
(vi) All internal-combustion engines used for electric power generation shall be located outside the mixing plant building, or shall be properly ventilated and isolated by a firewall. The exhaust systems on all such engines shall be located so any spark emission cannot be a hazard to any materials in or adjacent to the plant.
(c) Equipment used for mixing blasting agents shall conform to the requirements of this subsection.
(i) The design of the mixer shall minimize the possibility of frictional heating, compaction, and especially confinement. All bearings and drive assemblies shall be mounted outside the mixer and protected against the accumulation of dust. All surfaces shall be accessible for cleaning.
(ii) Mixing and packaging equipment shall be constructed of materials compatible with the fuel-ammonium nitrate composition.
(iii) Suitable means shall be provided to prevent the flow of fuel oil to the mixer in case of fire. In gravity flow systems an automatic spring-loaded shutoff valve with fusible link shall be installed.
(d) The provisions of this subsection shall be considered when determining blasting agent compositions.
(i) The sensitivity of the blasting agent shall be determined by means of a No. 8 test blasting cap at regular intervals and after every change in formulation.
(ii) Oxidizers of small particle size, such as crushed ammonium nitrate prills or fines, may be more sensitive than coarser products and shall, therefore, be handled with greater care.
(iii) No hydrocarbon liquid fuel with flashpoint lower than that of No. 2 diesel fuel oil 125F. minimum shall be used.
(iv) Crude oil and crankcase oil shall not be used.
(v) Metal powders such as aluminum shall be kept dry and shall be stored in containers or bins which are moisture-resistant or weathertight. Solid fuels shall be used in such manner as to minimize dust explosion hazards.
(vi) Peroxides and chlorates shall not be used.
(e) All electrical switches, controls, motors, and lights located in the mixing room shall conform to the requirements in chapter 296-24 WAC, Part L, and WAC 296-800-280; otherwise they shall be located outside the mixing room. The frame of the mixer and all other equipment that may be used shall be electrically bonded and be provided with a continuous path to the ground.
(f) Safety precautions at mixing plants shall include the requirements of this subsection.
(i) Floors shall be constructed so as to eliminate floor drains and piping into which molten materials could flow and be confined in case of fire.
(ii) The floors and equipment of the mixing and packaging room shall be cleaned regularly and thoroughly to prevent accumulation of oxidizers or fuels and other sensitizers.
(iii) The entire mixing and packaging plant shall be cleaned regularly and thoroughly to prevent excessive accumulation of dust.
(iv) Smoking, matches, open flames, spark-producing devices, and firearms (except firearms carried by law enforcement bomb squad members or qualified guards) shall not be permitted inside of or within 50 feet of any building or facility used for the mixing of blasting agents.
(v) The land surrounding the mixing plant shall be kept clear of brush, dried grass, leaves, and other materials for a distance of at least 25 feet.
(vi) Empty ammonium nitrate bags shall be disposed of daily in a safe manner.
(vii) No welding shall be permitted or open flames used in or around the mixing or storage area of the plant unless the equipment or area has been completely washed down and all oxidizer material removed.
(viii) Before welding or repairs to hollow shafts, all oxidizer material shall be removed from the outside and inside of the shaft and the shaft vented with a minimum one-half inch diameter opening.
(ix) Explosives shall not be permitted inside of or within 50 feet of any building or facility used for the mixing of blasting agents.
(3) Bulk delivery and mixing vehicles.
(a) The provisions of this subsection shall apply to off-highway private operations as well as to all public highway movements.
(b) A bulk vehicle body for delivering and mixing blasting agents shall conform with the requirements of this subsection.
(i) The body shall be constructed of noncombustible materials.
(ii) Vehicles used to transport bulk premixed blasting agents on public highways shall have closed bodies.
(iii) All moving parts of the mixing system shall be designed as to prevent a heat buildup. Shafts or axles which contact the product shall have outboard bearings with 1-inch minimum clearance between the bearings and the outside of the product container. Particular attention shall be given to the clearances on all moving parts.
(iv) A bulk delivery vehicle shall be strong enough to carry the load without difficulty and be in good mechanical condition.
(c) Operation of bulk delivery vehicles shall conform to the requirements of WAC 296-52-489(2). These include the placarding requirements as specified by department of transportation.
(i) The operator shall be trained in the safe operation of the vehicle together with its mixing, conveying, and related equipment. The employer shall assure that the operator is familiar with the commodities being delivered and the general procedure for handling emergency situations.
(ii) The hauling of either blasting caps or other explosives but not both, shall be permitted on bulk trucks provided that a special wood or nonferrous-lined container is installed for the explosives. Such blasting caps or other explosives shall be in DOT-specified shipping containers: See 49 CFR Chapter I.
(iii) No person shall smoke, carry matches or any flame-producing device, or carry any firearms while in or about bulk vehicles effecting the mixing transfer or down-the-hole loading of blasting agents at or near the blasting site.
(iv) Caution shall be exercised in the movement of the vehicle in the blasting area to avoid driving the vehicle on to or dragging hoses over firing lines, cap wires, or explosive materials. The employer shall assure that the driver, in moving the vehicle, has assistance of a second person to guide the driver's movements.
(v) No intransit mixing of materials shall be performed.
(d) Pneumatic loading from bulk delivery vehicles into blastholes primed with electric blasting caps or other static-sensitive systems shall conform to the requirements of this subsection.
(i) A positive grounding device shall be used to prevent the accumulation of static electricity.
(ii) A discharge hose shall be used that has a resistance range that will prevent conducting stray currents, but that is conductive enough to bleed off static buildup.
(iii) A qualified person shall evaluate all systems to determine if they will adequately dissipate static under potential field conditions.
(e) Repairs to bulk delivery vehicles shall conform to the requirements of this section.
(i) No welding or open flames shall be used on or around any part of the delivery equipment unless it has been completely washed down and all oxidizer material removed.
(ii) Before welding or making repairs to hollow shafts, the shaft shall be thoroughly cleaned inside and out and vented with a minimum one-half-inch diameter opening.
(4) Bulk storage bins.
(a) The bin, including supports, shall be constructed of compatible materials, waterproof, and adequately supported and braced to withstand the combination of all loads including impact forces arising from product movement within the bin and accidental vehicle contact with the support legs.
(b) The bin discharge gate shall be designed to provide a closure tight enough to prevent leakage of the stored product. Provision shall also be made so that the gate can be locked.
(c) Bin loading manways or access hatches shall be hinged or otherwise attached to the bin and be designed to permit locking.
(d) Any electrically driven conveyors for loading or unloading bins shall conform to the requirements of chapter 296-24 WAC, Part L, and WAC 296-800-280. They shall be designed to minimize damage from corrosion.
(e) Bins containing blasting agent shall be located, with respect to inhabited buildings, passenger railroads, and public highways, in accordance with Table H-20 and separation from other blasting agent storage and explosives storage shall be in conformity with Table H-22.
(f) Bins containing ammonium nitrate shall be separated from blasting agent storage and explosives storage in conformity with Table H-22.
(5) Transportation of packaged blasting agents.
(a) When blasting agents are transported in the same vehicle with explosives, all of the requirements of WAC 296-52-489 shall be complied with.
(b) Vehicles transporting blasting agents shall only be driven by and in charge of a driver at least twenty-one years of age who is capable, careful, reliable, and in possession of a valid motor vehicle operator's license. Such a person shall also be familiar with the states vehicle and traffic laws.
(c) No matches, firearms, acids, or other corrosive liquids shall be carried in the bed or body of any vehicle containing blasting agents.
(d) No person shall be permitted to ride upon, drive, load, or unload a vehicle containing blasting agents while smoking or under the influence of intoxicants, narcotics, or other dangerous drugs.
(e) It is prohibited for any person to transport or carry any blasting agents upon any public vehicle carrying passengers for hire.
(f) Vehicles transporting blasting agents shall be in safe operating condition at all times.
(g) When offering blasting agents for transportation on public highways the packaging, marking, and labeling of containers of blasting agents shall comply with the requirements of DOT.
(h) Vehicles used for transporting blasting agents on public highways shall be placarded in accordance with DOT regulations.
(6) Use of blasting agents. Persons using blasting agents shall comply with all of the applicable provisions of WAC 296-52-493.
[Statutory Authority: Chapter 49.17 RCW. 95-07-014, 296-52-497, filed 3/6/95, effective 4/20/95; 91-03-044 (Order 90-18), 296-52-497, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-10-044 (Order 86-24), 296-52-497, filed 5/6/86.]
(2) Types and classifications.
(a) Water gels and emulsion explosives containing a substance in itself classified as an explosive shall be classified as an explosive and manufactured, transported, stored, and used as specified for "explosives" in this section, except as noted in subsection (d) of this section.
(b) Water gels and emulsion explosives containing no substance in itself classified as an explosive and which are cap-sensitive as defined in WAC 296-52-417 under blasting agent shall be classified as an explosive and manufactured, transported, stored and used as specified for "explosives" in this section.
(c) Water gels and emulsion blasting agents containing no substance in itself classified as an explosive and which are not cap-sensitive as defined in WAC 296-52-417 under blasting agent shall be classified as blasting agents and manufactured, transported, stored, and used as specified for "blasting agents" in this section.
(d) When tests on specific formulations of water gels result in department of transportation classification as a Class B explosive, bullet-resistant magazines are not required, see WAC 296-52-453.
(3) Fixed location mixing.
(a)(i) Buildings or other facilities used for manufacturing emulsions and water gels shall be located with respect to inhabited buildings, passenger railroads and public highways, in accordance with Table H-21.
(ii) In determining the distances separating highways, railroads, and inhabited buildings from potential explosions (as prescribed in Table H-20), the sum of all masses that may propagate (i.e., lie at distances less than prescribed in Table H-22) from either individual or combined donor masses are included. However, when the ammonium nitrate must be included, only fifty percent of its weight shall be used because of its reduced blast effects.
(b) Buildings used for the manufacture of emulsions of water gels shall conform to the requirements of this subsection.
(i) Buildings shall be of noncombustible construction or sheet metal on wood studs.
(ii) Floors in a mixing plant shall be of concrete or of other nonabsorbent materials.
(iii) Where fuel oil is used all fuel oil storage facilities shall be separated from the manufacturing plant and located in such a manner that in case of tank rupture, the oil will drain away from the manufacturing plant building.
(iv) The building shall be well ventilated. Heating units that do not depend on combustion processes, when properly designed and located, may be used in the building. All direct sources of heat shall be provided exclusively from units located outside of the mixing building.
(v) All internal-combustion engines used for electric power generation shall be located outside the mixing plant building, or shall be properly ventilated and isolated by a firewall. The exhaust systems on all such engines shall be located so any spark emission cannot be a hazard to any materials in or adjacent to the plant.
(c) Ingredients of emulsion and water gels shall conform to the requirements of this subsection.
(i) Ingredients in themselves classified as Class A or Class B explosives shall be stored in conformity with WAC 296-52-461.
(ii) Nitrate-water solutions may be stored in tank cars, tank trucks, or fixed tanks without quantity or distance limitations. Spills or leaks which may contaminate combustible materials shall be cleaned up immediately.
(iii) Metal powders such as aluminum shall be kept dry and shall be stored in containers or bins which are moisture-resistant or weathertight. Solid fuels shall be used in such manner as to minimize dust explosion hazards.
(iv) Ingredients shall not be stored with incompatible materials.
(v) Peroxides and chlorates shall not be used.
(d) Mixing equipment shall comply with the requirements of this subsection.
(i) The design of the processing equipment, including mixing and conveying equipment, shall be compatible with the relative sensitivity of the materials being handled. Equipment shall be designed to minimize the possibility of frictional heating, compaction, overloading, and confinement.
(ii) Both equipment and handling procedures shall be designed to prevent the introduction of foreign objects or materials.
(iii) Mixers, pumps, valves, and related equipment shall be designed to permit regular and periodic flushing, cleaning, dismantling, and inspection.
(iv) All electrical equipment including wiring, switches, controls, motors, and lights, shall conform to the requirements of chapter 296-24 WAC, Part L, and WAC 296-800-280.
(v) All electric motors and generators shall be provided with suitable overload protection devices. Electrical generators, motors, proportioning devices, and all other electrical enclosures shall be electrically bonded. The grounding conductor to all such electrical equipment shall be effectively bonded to the service-entrance ground connection and to all equipment ground connections in a manner so as to provide a continuous path to ground.
(e) Mixing facilities shall comply with the fire prevention requirements of this subsection.
(i) The mixing, loading, and ingredient transfer areas where residues or spilled materials may accumulate shall be cleaned periodically. A cleaning and collection system for dangerous residues shall be provided.
(ii) A daily visual inspection shall be made of the mixing, conveying, and electrical equipment to establish that such equipment is in good operating condition. A program of systematic maintenance shall be conducted on regular schedule.
(iii) Heaters which are not dependent on the combustion process within the heating unit may be used within the confines of processing buildings, or compartments, if provided with temperature and safety controls and located away from combustible materials and the finished product.
(4) Bulk delivery and mixing vehicles.
(a) The design of vehicles shall comply with the requirements of this subsection.
(i) Vehicles used over public highways for the bulk transportation of emulsion and water gels or of ingredients classified as dangerous commodities, shall meet the requirements of the department of transportation and shall meet the requirements of WAC 296-52-489 and 296-52-497 of this section.
(ii) When electric power is supplied by a self-contained motor generator located on the vehicle the generator shall be at a point separate from where the water gel is discharged.
(iii) The design of processing equipment and general requirements shall conform to subsection (3)(c) and (d) of this section.
(iv) A positive action parking brake which will set the wheel brakes on at least one axle shall be provided on vehicles when equipped with air brakes and shall be used during bulk delivery operations. Wheel chocks shall supplement parking brakes whenever conditions may require.
(b) Operation of bulk delivery and mixing vehicles shall comply with the requirements of this subsection.
(i) The placarding requirements contained in DOT regulations apply to vehicles carrying water gel explosives or blasting agents.
(ii) The operator shall be trained in the safe operation of the vehicle together with its mixing, conveying, and related equipment. The operator shall be familiar with the commodities being delivered and the general procedure for handling emergency situations.
(iii) The hauling of either blasting caps or other explosives, but not both, shall be permitted on bulk trucks provided that a special wood or nonferrous-lined container is installed for the explosives. Such blasting caps or other explosives shall be in DOT-specified shipping containers; see 49 CFR Chapter I.
(iv) No person shall be allowed to smoke, carry matches or any flame-producing device, or carry any firearms while in or about bulk vehicles effecting the mixing, transfer, or down-the-hole loading of water gels at or near the blasting site.
(v) Caution shall be exercised in the movement of the vehicle in the blasting area to avoid driving the vehicle on to or dragging hoses over firing lines, cap wires, or explosive materials. The employer shall furnish the driver the assistance of a second person to guide the driver's movements.
(vi) No intransit mixing of materials shall be performed.
(vii) The location chosen for water gel or ingredient transfer from a support vehicle into the bore hole loading vehicle shall be away from the blasthole site when the bore holes are loaded or in the process of being loaded.
[Statutory Authority: Chapter 49.17 RCW. 95-07-014, 296-52-501, filed 3/6/95, effective 4/20/95. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-10-044 (Order 86-24), 296-52-501, filed 5/6/86.]
OTS-4134.2
AMENDATORY SECTION(Amending WSR 99-17-117, filed 8/18/99,
effective 12/1/99)
WAC 296-54-501
Scope and application.
This chapter
establishes safety practices for all types of logging, log road
construction and other forest activities using logging machinery
and/or power saws regardless of the end use of the wood. This
chapter does not apply to log handling at sawmills, plywood
mills, pulp mills, or other manufacturing operations governed by
specific safety standards. This chapter provides minimum safety
requirements for the logging industry. The logging industry is
also covered by the general safety standards, chapter 296-24 WAC;
occupational health standards, chapter 296-62 WAC; the safety and
health core rules, chapter 296-800 WAC; or others that may apply.
Chapter 296-52 WAC, which covers the possession, handling and use
of explosives, applies when explosives are used in logging
operations.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-117, 296-54-501, filed 8/18/99, effective 12/1/99. Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 96-22-013, 296-54-501, filed 10/28/96, effective 1/1/97. Statutory Authority: Chapter 49.17 RCW. 88-23-054 (Order 88-25), 296-54-501, filed 11/14/88. Statutory Authority: RCW 49.17.040, 49.17.150 and 49.17.240. 79-10-081 (Order 79-14), 296-54-501, filed 9/21/79.]
(1) Provide safety training for new employees.
(2) Take additional precautions to ensure safe logging operations when extreme weather or other extreme conditions create hazards. If the logging operation cannot be made safe, the work must be discontinued until safe to resume.
(3) Ensure that danger trees within reach of landings, rigging, buildings, or work areas are either fell before regular logging operations begin, or arrange work so that employees are not exposed to the related hazards.
(4) Develop and maintain a chemical hazard communication
program as required by ((chapter 296-62 WAC, Part C)) WAC 296-800-170. The program must provide information to all
employees about hazardous chemicals or substances to which they
are exposed, or may become exposed, in the course of their
employment.
(5) Ensure that intoxicating beverages and narcotics are prohibited on or near the worksite. The employer must remove from the worksite any employee under the influence of alcohol or narcotics.
| Note: | Narcotics do not include prescription drugs taken under a doctor's direction if the use does not endanger any employee. |
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-117, 296-54-507, filed 8/18/99, effective 12/1/99. Statutory Authority: Chapter 49.17 RCW. 94-16-145, 296-54-507, filed 8/3/94, effective 9/12/94; 89-11-035 (Order 89-03), 296-54-507, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 43.22 and 42.30 RCW. 80-11-057 (Order 80-15), 296-54-507, filed 8/20/80. Statutory Authority: RCW 49.17.040, 49.17.150 and 49.17.240. 79-10-081 (Order 79-14), 296-54-507, filed 9/21/79.]
(1) Eye protection meeting the requirements of ((chapter 296-24 WAC, Part A-2)) WAC 296-800-160, where there is potential
for eye injury from falling or flying objects; and
(2) Face protection meeting the requirements of ((chapter 296-24 WAC, Part A-2)) WAC 296-800-160, where there is potential
for facial injury such as, but not limited to, operating a
chipper. An employee using a chain saw may use either eye or face
protection.
| Note: | The employee does not have to wear separate eye protection when the face protection also covers the eyes. |
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-117, 296-54-51120, filed 8/18/99, effective 12/1/99.]
| EXCEPTION: | This requirement does not apply to an employee working aloft in trees when supported by climbing spurs and climbing belt, or
when an employee is working from a vehicle-mounted elevating and rotating work platform meeting the requirements of
chapter 296-24 WAC, Part (( |
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-117, 296-54-51160, filed 8/18/99, effective 12/1/99.]
(2) Logs must be stored in a safe and orderly manner. Roadways and traffic lanes must be kept clear of protruding ends of logs and debris.
(3) Dry deck log storage areas must be kept orderly and maintained in a condition conducive to safe operation of mobile equipment. Roadways and walkways must have a smooth hard-packed surface wide enough to permit a safe operation. Bark, mud, and other debris must not be allowed to accumulate to the extent they constitute a hazard to the operation.
(4) The employer must implement an effective method to control dust at log dumps and in sorting and storage areas.
(5) Only an authorized person shall operate or ride any lift truck, log stacker, or log unloader.
(6) Signaling log unloader operators at dry deck areas by throwing bark or chips in the air is prohibited. Hand, horn signals or other safe, effective means must be used at all times.
(7) Unnecessary talking to the operator while operating controls of a log stacker or log unloader is prohibited.
(8) Lift forks and arms of unloading machines must be lowered to their lowest position, and all equipment brakes set before the operator leaves the machine unattended.
(9) Log unloaders or stackers must not be moved about the premises for distances greater than absolutely necessary with the lift extended above the driver's head or with loads lifted higher than is necessary for vision.
(10) When truck drivers are out of the cab, they must be in the clear, and in view of the log unloader before the lift forks are moved under the load and the lift is made.
(11) Where logs are offloaded onto a dry deck by unloading lines, a self-releasing mechanism must be used. Employees are prohibited from climbing dry decks to release unloading lines.
(12) Employees must not enter the hazardous area near or under loads of logs being lifted, moved, or suspended.
(13) When log unloaders and log stackers are designed so that logs being handled may jeopardize the safety of the operator, the employer must provide overhead protection and any other necessary safeguards.
(14) Log unloaders and log stackers must be equipped with a horn or other audible warning device. If vision is impaired or restricted to the rear, the warning device must be sounded before operating the vehicle in reverse gear and periodically while backing. The warning device must be operative at all times.
(15) A limit stop, which will prevent the lift arms from over-traveling, must be installed on electric powered log unloaders.
(16) Shear guards must be installed on unloading machines and similar equipment on which the arms pivot and move alongside the operator creating a pinch point at that location.
(17) All forklift log handling machines must be equipped with a grapple arms and the arms must be used whenever logs are being carried.
(18) When log trucks are loaded by a log stacker and the lay of any log is higher than the stakes, the log stacker must remain against the completed load, or other suitable protection provided, to prevent the logs from falling until at least two wrappers and binders have been applied.
(19) All binders and wrappers must remain on the load until an approved safeguard has been provided to prevent logs from rolling off the side of the truck or trailer when binders are released. A shear log, or equivalent means, must be provided to ensure the log truck will be stationed close enough to the wrapper rack so that a log cannot fall between the log truck and the wrapper rack when removing binders and wrappers. At least one binder must remain secured while relocating or tightening other binders. Crotch lines, forklifts, log stackers, log unloaders, or other effective means must be used for this purpose.
(20) An extra wrapper or metal band of equal strength must be placed to hold the logs when it is necessary to remove a wrapper to prevent it from being fouled by the unloading machine.
(21) Machines with arms that block the regular exit when in the up position must have an emergency exit installed.
(22) Riding on any part of a log handling machine except under the canopy guard is prohibited.
(23) Identification tags must not be applied or pulled unless logs are resting in a stationary place, such as bunks, cradles, skids, or sorting tables.
(24) Employees must not approach the immediate vicinity of a forklift-type log handling machine without first notifying the operator of the person's intention and receiving an acknowledgement from the operator.
(25) When dry land log dumps use unloading methods similar to those of water dumps, the safety standards for water dumps apply.
(26) When logs are handled between sunset and sunrise or
other periods of poor visibility, the employer must provide
illumination that meets the requirements of WAC ((296-62-09003))
296-800-210 relating to illumination.
(27) Air operated stake releases must meet the following requirements:
(a) The air supply must be taken from the "wet" air reservoir or from the accessory air line to a spring loaded, normally closed control valve;
(b) The control valve must be located in the cab, positioned so that it is accessible only from the operator's position;
(c) The control valve must be fitted with a spring-loaded cover or otherwise guarded against inadvertent operation; and
(d) A separate air line must extend from the control valve to the tractor and trailer stake release chambers. The air line must be clearly identified or installed so that it cannot be mistaken for the service or emergency air line.
(28) Each deck must be constructed and located so it is stable and provides each employee with enough room to safely move and work in the area.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-117, 296-54-59340, filed 8/18/99, effective 12/1/99.]
OTS-4135.1
AMENDATORY SECTION(Amending WSR 99-02-024, filed 12/30/98,
effective 3/30/99)
WAC 296-56-60001
Scope and applicability.
(1) The rules
included in this chapter apply throughout the state of
Washington, to any and all waterfront operations under the
jurisdiction of the department of labor and industries.
(2) These minimum requirements are promulgated in order to
augment the general safety and health standards, and any other
safety and health standards promulgated by the department of
labor and industries which are applicable to all places of
employment under the jurisdiction of the department of labor and
industries. The rules of this chapter, and the rules of chapters
296-24 ((and)), 296-62 and 296-800 WAC are applicable to all
longshore, stevedore and related waterfront operations:
Provided, That such rules shall not be applicable to those
operations under the exclusive safety jurisdiction of the federal
government.
(3) The provisions of this chapter shall prevail in the
event of a conflict with, or duplication of, provisions contained
in chapters 296-24 ((and)), 296-62 and 296-800 WAC. Specific
standards which are applicable include, but are not limited to:
(a) Electrical -- Chapter 296-24 WAC Part L, and WAC 296-800-280.
(b) Toxic and hazardous substances are regulated by chapter 296-62 WAC. Where references to this chapter are given they are for informational purposes only. Where specific requirements of this chapter conflict with the provisions of chapter 296-62 WAC this chapter prevails. Chapter 296-62 WAC does not apply when a substance or cargo is contained within a manufacturer's original, sealed, intact means of packaging or containment complying with the department of transportation or International Maritime Organization requirements.
(c) Hearing conservation -- Chapter 296-62 WAC Part K.
(d) Standards for commercial diving operations -- Chapter 296-37 WAC.
(e) Safety requirements for scaffolding -- Chapter 296-24 WAC
Part ((J-1)) J-2.
(f) Safe practices of abrasive blasting operations -- Chapter 296-24 WAC Part H-2.
(g) Access to employee exposure and medical records -- Chapter 296-62 WAC Part B.
(h) Respiratory protection -- Chapter 296-62 WAC Part E.
(i) Safety standards for grain handling facilities -- Chapter 296-99 WAC.
(j) Chemical hazard communication ((purpose -- Chapter 296-62 WAC Part C)) program -- WAC 296-800-170.
(k) Asbestos -- Chapters 296-62 Part I-1 and 296-65 WAC.
(l) Permit - required confined spaces and confined space -- Chapter 296-62 WAC Part M.
(m) Servicing multi-piece and single-piece rim wheels -- Chapter 296-24 WAC Part D.
(n) First-aid requirements -- ((Chapter 296-24 WAC Part A-1))
WAC 296-800-150.
(o) Employee emergency plans and fire prevention plans -- Chapter 296-24 WAC Part G-1.
(4) The provisions of this chapter do not apply to the following:
(a) Fully automated bulk coal handling facilities contiguous to electrical power generating plants.
(b) Facilities subject to the regulations of the office of pipeline safety regulation of the materials transportation bureau, department of transportation, to the extent such regulations apply.
(5) WAC 296-62-074 shall apply to the exposure of every employee to cadmium in every employment and place of employment covered by chapter 296-56 WAC in lieu of any different standard on exposures to cadmium that would otherwise be applicable by virtue of those sections.
[Statutory Authority: RCW 49.17.040. 99-02-024, 296-56-60001, filed 12/30/98, effective 3/30/99. Statutory Authority: Chapter 49.17 RCW. 95-04-007, 296-56-60001, filed 1/18/95, effective 3/1/95; 93-07-044 (Order 93-01), 296-56-60001, filed 3/13/93, effective 4/27/93. Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060. 92-22-067 (Order 92-06), 296-56-60001, filed 10/30/92, effective 12/8/92. Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-56-60001, filed 11/22/91, effective 12/24/91; 89-11-035 (Order 89-03), 296-56-60001, filed 5/15/89, effective 6/30/89; 88-14-108 (Order 88-11), 296-56-60001, filed 7/6/88. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-064 (Order 86-02), 296-56-60001, filed 1/17/86; 85-10-004 (Order 85-09), 296-56-60001, filed 4/19/85; 85-01-022 (Order 84-24), 296-56-60001, filed 12/11/84.]
(2) It shall be the responsibility of the employer to initiate and maintain the accident prevention program necessary to comply with this section. The division of WISHA services may be contacted for assistance in initiating and maintaining an effective accident prevention program.
(3) All accident prevention programs shall be tailored to the needs of the particular operation.
(4) Employer and employee representatives, as elected, delegated or appointed, shall attend and actively take part in frequent and regular safety committee meetings.
(5) Accident prevention programs shall provide for employer-employee safety meetings and frequent and regular safety inspections of job sites, materials, equipment, and operating procedures.
(6) A record of safety activities, such as inspections and meetings, shall be maintained by the employer for a period covering the previous twelve months and shall be made available, upon request, to noncompliance personnel of the department of labor and industries.
(7) Employees shall individually comply with all safety rules and cooperate with management in carrying out the accident prevention program.
(8) To make effective the preceding statement and promote on-the-job accident prevention, committees shall be established in each port. These committees shall consist of an equal number of port or stevedore company and longshoremen representatives at the job level with the industry or company safety supervisor serving as secretary and coordinator. Some functions of the committee are to maintain the interest of the workers in accident prevention by providing for their actual participation in the program, to direct their attention to the real causes of accidents, and to provide a means for making practical use of their intimate knowledge of working conditions and practices.
(9) It is intended that this program will produce mutually practical and effective recommendations regarding correction of accident-producing circumstances and conditions.
| Note: | For first aid requirements, see (( |
| Note: | For emergency plan and fire prevention plan requirements, see chapter 296-24 WAC Part G-1. |
[Statutory Authority: RCW 49.17.040. 99-02-024, 296-56-60009, filed 12/30/98, effective 3/30/99. Statutory Authority: Chapter 49.17 RCW. 95-04-007, 296-56-60009, filed 1/18/95, effective 3/1/95. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-064 (Order 86-02), 296-56-60009, filed 1/17/86; 85-01-022 (Order 84-24), 296-56-60009, filed 12/11/84.]
OTS-4304.1
AMENDATORY SECTION(Amending WSR 95-04-007, filed 1/18/95,
effective 3/1/95)
WAC 296-56-60003
Variance and procedure.
Conditions may
exist under which certain state standards will not have practical
application. In these cases, the director of the department of
labor and industries has made provisions for the issuance of
variances. The director or his/her authorized representative
may, pursuant to this section, RCW 49.17.080 and 49.17.090, and
WAC ((296-350-200 through 296-350-270)) 296-350-700, upon receipt
of application and after investigation by the department, permit
a variation from the requirements of this chapter. Any variance
is limited to the particular case and application. It shall
remain posted during the time which it is in effect. Variance
application forms may be obtained from the department.
[Statutory Authority: Chapter 49.17 RCW. 95-04-007, 296-56-60003, filed 1/18/95, effective 3/1/95. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-064 (Order 86-02), 296-56-60003, filed 1/17/86; 85-01-022 (Order 84-24), 296-56-60003, filed 12/11/84.]
OTS-4136.2
AMENDATORY SECTION(Amending Order 88-11, filed 7/6/88)
WAC 296-59-001
Foreword.
(1) This vertical standard is
promulgated in accordance with applicable provisions of the
Washington State Administrative Procedure Act, chapter 34.04 RCW,
and the Washington Industrial Safety and Health Act, chapter 49.17 RCW.
(2) The requirements of this chapter shall be applied
through the department of labor and industries, division of
industrial safety and health, in accordance with administrative
procedures provided for in chapter 49.17 RCW, and chapters
296-27, 296-350, ((and)) 296-360, and 296-800 WAC.
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-001, filed 7/6/88.]
(2) Future revised editions of ANSI B77.1-1982 may be used for new installations or major modifications of existing installations, as recommended or approved by the equipment manufacturer or a qualified design engineer, except that, where specific provisions exist, variances shall be requested from the department.
(3) Commercial explosives shall be transported, stored, and used in compliance with chapter 296-52 WAC, Safety standards for the possession and handling of explosives, and chapter 70.74 RCW, Washington State Explosives Act, except that avalanche control blasting shall comply with the special provisions of this chapter.
(4) The use of military type weapons for avalanche control shall comply with all requirements of the United States government and/or the military branch having jurisdiction. Compliance shall include qualification of employees, security requirements, and storage and handling of ammunition.
(5) The employer shall develop and maintain a chemical
hazard communication program as required by ((chapter 296-62 WAC,
Part C)) WAC 296-800-170, which will provide information to all
employees relative to hazardous chemicals or substances to which
they are exposed, or may become exposed, in the course of their
employment.
(6) When employees perform activities such as construction work or logging, the WAC chapter governing the specific activity shall apply, e.g., chapter 296-155 or 296-54 WAC, et seq.
[Statutory Authority: Chapter 49.17 RCW. 94-16-145, 296-59-005, filed 8/3/94, effective 9/12/94; 89-11-035 (Order 89-03), 296-59-005, filed 5/15/89, effective 6/30/89; 88-14-108 (Order 88-11), 296-59-005, filed 7/6/88.]
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-010, filed 7/6/88.]
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-020, filed 7/6/88.]
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-025, filed 7/6/88.]
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-030, filed 7/6/88.]
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 00-01-038, 296-59-035, filed 12/7/99, effective 2/1/00. Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-035, filed 7/6/88.]
(a) Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is indicated by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact.
(b) Employee-owned equipment. Where employees provide their own protective equipment, the employer shall be responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.
(c) Design, construction, testing, and use of personal
protective equipment shall comply with the requirements of the
((General)) safety and health ((standards, chapter 296-24)) core
rules, WAC 296-800-160; the Occupational health standards -- Safety
standards for carcinogens, chapter 296-62 WAC; or the currently
applicable ANSI standard.
(2) Eye and face protection. Eye and face protective equipment shall be provided and worn where there is exposure in the work process or environment to hazard of injury, which can be prevented by such equipment.
(3) Occupational head protection. Employees working in areas where there is a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns, shall be protected by protective helmets, i.e., a lift operator would not be required to use a hardhat while operating the lift. However, if that same person is assisting with maintenance operations and is working under a tower where overhead work is being done, that operator would now be required to wear an approved helmet.
(a) Helmets for the protection of employees against impact and/or penetration of falling and flying objects shall meet the specifications contained in American National Standards Institute, Z89.1-1986, Safety Requirements for Industrial Head Protection.
(b) Helmets for the head protection of employees exposed to high voltage electrical shock and burns shall meet the specifications contained in American National Standards Institute, Z89.2-1971, Safety Requirements for Industrial Protective Helmets for Electrical Workers, Class B.
(c) Approved head protection shall be worn by operators of snowmobiles and other mobile oversnow equipment which is not equipped with a rigid metal operator's cab.
(4) Occupational foot protection.
(a) Substantial footwear appropriate for the work conditions encountered shall be worn by all employees.
(b) Where the job assignment includes exposure to slipping hazards, soles and heels of footwear shall be of such material and design as to reduce the hazard of slipping.
(5) Safety belts, lifelines, lanyards, and nets.
(a) Safety belts, lifelines, and lanyards which meet the requirements of ANSI A10.14 shall be provided and used whenever employees are working in locations which expose them to a fall of more than ten feet. The particular work location and application shall dictate which type of belt or harness and length of lanyard is used.
(b) Lifelines shall be secured to an anchorage or structural member capable of supporting a minimum dead weight of five thousand four hundred pounds.
(c) Lifelines used on rock scaling applications or in areas where the lifeline may be subjected to cutting or abrasion shall be a minimum of seven-eighths inch wire core manila rope or equivalent. For all other lifeline applications, three-fourths inch manila rope or equivalent with a minimum break strength of five thousand four hundred pounds may be used.
(d) Each safety belt lanyard shall be a minimum of one-half inch nylon, or equivalent, with a minimum of five thousand four hundred pounds breaking strength.
(e) Employees will not be required to wear a safety belt and lanyard while riding on a standard lift chair while seated in the normal riding position.
(f) Safety nets meeting the requirements of ANSI A10.11 shall be used when other acceptable forms of fall protection are not useable. When used, safety nets shall extend a minimum of eight feet beyond the edge offering exposure, shall be hung with sufficient clearance to prevent user's contact with surfaces or objects below, and shall not be more than twenty-five feet below the fall exposure edge.
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-050, filed 7/6/88.]
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-065, filed 7/6/88.]
(2) Emergency or secondary lighting system required.
(a) There shall be an emergency or secondary lighting system which can be actuated immediately upon failure of the normal power supply system. The emergency or secondary lighting system shall provide illumination in the following areas:
(i) Wherever it is necessary for workers to remain at their machine or station to shut down equipment in case of power failure;
(ii) At stairways and passageways or aisleways used by workers as an emergency exit in case of power failure;
(iii) In all plant first-aid and/or medical facilities;
(iv) In emergency power and control room, i.e., in emergency generator rooms unless arranged to start automatically in the event of power failure, or on ski lift motor drive rooms where it would be necessary for employees to switch on the emergency drive system during night skiing.
(b) Emergency lighting facilities shall be checked at least every thirty days for mechanical defects. Defective equipment shall be given priority for repair schedule.
(3) Extension cord type lights. All extension cord type lights shall be provided with proper guards.
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-070, filed 7/6/88.]
(2) Scaffolds shall be constructed and used in compliance
with WAC ((296-24-825 through 296-24-84013)) 296-24-860 through
296-24-862.
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-59-085, filed 7/6/88.]
OTS-4305.2
AMENDATORY SECTION(Amending Order 88-11, filed 7/6/88)
WAC 296-62-054
Manufacturers, importers and
distributors -- Hazard communication ((purpose)).
(((1) The
purpose of this section is to ensure that the hazards of all
chemicals produced or imported are evaluated, and that
information concerning their hazards is transmitted to employers
and employees. This transmittal of information is to be
accomplished by means of comprehensive hazard communication
programs, which are to include container labeling and other forms
of warning, material safety data sheets and employee training.
(2) This occupational safety and health standard is intended to address comprehensively the issue of evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees. Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees, may include, for example, but is not limited to, provisions for: Developing and maintaining a written hazard communication program for the workplace, including lists of hazardous chemicals present; labeling of containers of chemicals in the workplace, as well as of containers of chemicals being shipped to other workplaces; preparation and distribution of material safety data sheets to employees and downstream employers; and development and implementation of employee training programs regarding hazards of chemicals and protective measures.)) Your responsibility: To ensure that the hazards of all chemicals produced or imported are evaluated and that information concerning their hazards is given to employers and employees.
| Note: | If you have employees exposed to the chemicals you produce, import or distribute, you must comply with "Chemical
hazard communication rule" WAC 296-800-170. If you are an employer who relies on a material safety data sheet from the manufacturer, importer or distributor and you distribute or produce hazardous chemicals, you do not have to comply with this rule. |
Determine whether the chemicals you produce in your workplace or import are hazardous. WAC 296-62-05402
Use this criteria in making hazard determinations. WAC 296-62-05404
Determine whether the chemicals you produce or import are health hazards. WAC 296-62-05406
Obtain or develop a material safety data sheet for each hazardous chemical you produce or import. WAC 296-62-05408
Label clearly each container of hazardous chemicals that leaves your workplace. WAC 296-62-05410
Provide material safety data sheets. WAC 296-62-05412
Application of this standard:
Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued under that act by the Environmental Protection Agency;
Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.), when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with Environmental Protection Agency regulations;
Tobacco or tobacco products;
Wood or wood products, including lumber that will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to the employees is the potential for flammability or combustibility (wood or wood products that have been treated with hazardous chemicals covered by this standard, and wood that may be subsequently sawed or cut, generating dust, are not exempted);
Articles are manufactured items other than a fluid or particle:
That are formed to a specific shape or design during manufacture;
That have end use function(s) dependent in whole or in part upon their shape or design during end use; and
That under normal conditions of use do not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under the hazard determination section of this rule), and do not pose a physical hazard or health risk to employees.
Food or alcoholic beverages that are sold, used, or prepared in a retail establishment (such as grocery store, restaurant, or drinking place), and foods intended for personal consumption by employees while in the workplace;
Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), when it is in solid, final form for direct administration to the patient (e.g., tablets or pills); drugs that are packaged by the chemical manufacturer for sale to consumers in a retail establishment (e.g., over-the-counter drugs); and drugs intended for personal consumption by employees while in the workplace (e.g., first aid supplies);
Cosmetics that are packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace;
Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substance Act (15 U.S.C. 1261 et seq.) respectively, where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure that is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended;
Ionizing and nonionizing radiation; and
Biological hazards.
Article means a manufactured item other than a fluid or particle:
Which is formed to a specific shape or design during manufacture;
Which has end use function(s) dependent in whole or in part upon its shape or design during end use; and
Which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under WAC 296-62-05407), and does not pose a physical hazard or health risk to employees.
Director means the director of the department of labor and industries or his/her designee.
Chemical means any element, chemical compound or mixture of elements and/or compounds.
Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution.
Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
Employee means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise. However, for the purposes of this part, employee shall not mean immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity or officers of any closely held corporation engaged in agricultural production of crops or livestock. This part applies to employees who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies.
Employer means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. This part applies to employers engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.
Exposure or exposed means that an employee is/was subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure.
Foreseeable emergency means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.
Hazardous chemical means any chemical which is a physical hazard or a health hazard.
Identity means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS.
Importer means the first business within the Customs Territory of the United States which receives hazardous chemicals produced in other countries, for the purpose of supplying them to distributors or employers within the United States. This definition is the same as Webster's, therefore we did not include it in the definitions.
Material safety data sheet (MSDS) means written or printed material concerning a hazardous chemical which is prepared in accordance with WAC 296-62-05408.
Mixture means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.
Novelty and prior art. A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research. The patent monopoly is a reward to the inventor. But such is not the case with a trade secret. Its protection is not based on a policy of rewarding or otherwise encouraging the development of secret processes or devices. The protection is merely against breach of faith and reprehensible means of learning another's secret. For this limited protection it is not appropriate to require also the kind of novelty and invention which is a requisite of patentability. The nature of the secret is, however, an important factor in determining the kind of relief that is appropriate against one who is subject to liability under the rule stated in this section. Thus, if the secret consists of a device or process which is a novel invention, one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use. If, on the other hand, the secret consists of mechanical improvements that a good mechanic can make without resort to the secret, the wrongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate.
Secrecy. The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged to secrecy. Others may also know of it independently, as, for example, when they have discovered the process or formula by independent invention and are keeping it secret. Nevertheless, a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one's trade secret are:
The extent to which the information is known outside of his business;
The extent to which it is known by employees and others involved in his business;
The extent of measures taken by him to guard the secrecy of the information;
The value of the information to him and his competitors;
The amount of effort or money expended by him in developing the information;
The ease or difficulty with which the information could be properly acquired or duplicated by others.
Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) registry number, or any other information that reveals the precise chemical designation of the substance.
Trade secret means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. WAC 296-62-05225 provides a legal definition of trade secret and this rule sets out the criteria to be used in evaluating trade secrets.
Use means to package, handle, react, emit, extract, generate as a by-product, or transfer.
Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas.
[Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-62-054, filed 7/6/88. Statutory Authority: RCW 49.17.040 and 49.17.050. 84-22-012 (Order 84-22), 296-62-054, filed 10/30/84; 84-13-001 (Order 84-14), 296-62-054, filed 6/7/84.]
Chemical manufacturers, importers or employers evaluating chemicals must identify and consider the available scientific evidence concerning physical and health hazards. For health hazards, evidence that is statistically significant and that is based on at least one positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health hazards in this part. WAC 296-62-05406 must be consulted for the scope of health hazards covered, and WAC 296-62-05404 must be consulted for the criteria to be followed with respect to the completeness of the evaluation, and the data to be reported.
The chemical manufacturer, importer or employer evaluating chemicals must treat the following sources as establishing that the chemicals listed in them are hazardous:
Chapter 296-62 WAC, General occupational health standards;
29 C.F.R. Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA); or
Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition).
The chemical manufacturer, importer, or employer is responsible for evaluating the hazards associated with the chemicals in these source lists in accordance with this requirement of the standard.
Chemical manufacturers, importers and employers evaluating chemicals must treat the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes:
National Toxicology Program (NTP), Annual Report on Carcinogens (latest edition);
International Agency for Research on Cancer (IARC) Monographs (latest editions);
Chapter 296-62 WAC, General occupational health standards; or
29 C.F.R. Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration.
| Note: | The Registry of Toxic Effects of Chemical Substances published by the National Institute for Occupational Safety and Health indicates whether a chemical has been found by NTP or IARC to be a potential carcinogen. |
If a mixture has been tested as a whole to determine its hazards, the results of such testing must be used to determine whether the mixture is hazardous;
If a mixture has not been tested as a whole to determine whether the mixture is a health hazard, the mixture must be assumed to present the same health hazards as do the components that comprise one percent (by weight or volume) or greater of the mixture, except that the mixture must be assumed to present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent or greater that is considered to be a carcinogen;
If a mixture has not been tested as a whole to determine whether the mixture is a physical hazard, the chemical manufacturer, importer, or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture; and
If the chemical manufacturer, importer, or employer has evidence to indicate that a component present in the mixture in concentrations of less than one percent (or in the case of carcinogens, less than 0.1 percent) could be released in concentrations that would exceed an established WISHA or OSHA permissible exposure limit or ACGIH threshold limit value, or could present a health risk to employees in those concentrations, the mixture must be assumed to present the same hazard.
Chemical manufacturers, importers, or employers evaluating chemicals must describe in writing the procedures they use to determine the hazards of the chemical they evaluate. The written procedures are to be made available, upon request, to employees, their designated representatives, the director or his/her designee and the National Institute of Occupational Safety and Health (NIOSH). The written description may be incorporated into the written hazard communication program required under WAC 296-800-17005.
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Hazard evaluation is a process that relies heavily on the professional judgment of the evaluator, particularly in the area of chronic hazards. The performance-orientation of the hazard determination does not diminish the duty of the chemical manufacturer, importer or employer to conduct a thorough evaluation, examining all relevant data and producing a scientifically defensible evaluation. For purposes of this standard, the following criteria shall be used in making hazard determinations that meet the requirements of this rule.
Carcinogenicity: A determination by the National Toxicology Program, the International Agency for Research on Cancer, WISHA or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of this part. In addition, however, all available scientific data on carcinogenicity must be evaluated in accordance with the provisions of the requirements of this rule.
Human data: Where available, epidemiological studies and case reports of adverse health effects shall be considered in the evaluation.
Animal data: Human evidence of health effects in exposed populations is generally not available for the majority of chemicals produced or used in the workplace. Therefore, the available results of toxicological testing in animal populations shall be used to predict the health effects that may be experienced by exposed workers. In particular, the definitions of certain acute hazards refer to specific animal testing results.
Adequacy and reporting of data. The results of any studies that are designed and conducted according to established scientific principles, and that report statistically significant conclusions regarding the health effects of a chemical, shall be a sufficient basis for a hazard determination and reported on any material safety data sheet. In vitro studies alone generally do not form the basis for a definitive finding of a hazard under the hazard communication standard since they have a positive or negative result rather than a statistically significant finding.
The chemical manufacturer, importer, or employer may also report the results of other scientifically valid studies that tend to refute the findings of hazard.
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The determination of occupational health hazards is complicated by the fact that many of the effects or signs and symptoms occur commonly in nonoccupationally exposed populations, so that effects of exposure are difficult to separate from normally occurring illnesses. Occasionally, a substance causes an effect that is rarely seen in the population at large, such as angiosarcomas caused by vinyl chloride exposure, thus making it easier to ascertain that the occupational exposure was the primary causative factor. More often, however, the effects are common, such as lung cancer. The situation is further complicated by the fact that most chemicals have not been adequately tested to determine their health hazard potential, and data do not exist to substantiate these effects.
There have been many attempts to categorize effects and to define them in various ways. Generally, the terms "acute" and "chronic" are used to delineate between effects on the basis of severity or duration. "Acute" effects usually occur rapidly as a result of short-term exposures, and are of short duration. "Chronic" effects generally occur as a result of long-term exposure, and are of long duration.
The acute effects referred to most frequently are those defined by the American National Standards Institute (ANSI) standard for Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1988) -- irritation, corrosivity, sensitization and lethal dose. Although these are important health effects, they do not adequately cover the considerable range of acute effects that may occur as a result of occupational exposure, such as, for example, narcosis.
Similarly, the term chronic effect is often used to cover only carcinogenicity, teratogenicity, and mutagenicity. These effects are obviously a concern in the workplace, but again, do not adequately cover the area of chronic effects, excluding, for example, blood dyscrasias (such as anemia), chronic bronchitis and liver atrophy.
The goal of defining precisely, in measurable terms, every possible health effect that may occur in the workplace as a result of chemical exposures cannot realistically be accomplished. This does not negate the need for employees to be informed of such effects and protected from them.
WAC 296-62-05404 outlines the principles and procedures of hazard assessment.
For purposes of this part, any chemicals that meet any of the following definitions, as determined by the criteria set forth in WAC 296-62-05404, are health hazards. However, this is not intended to be an exclusive categorization scheme. If there are available scientific data that involve other animal species or test methods, they must also be evaluated to determine the applicability of the hazard communication rule.
Carcinogen: A chemical is considered to be a carcinogen if:
♦ It has been evaluated by the International Agency for Research on Cancer (IARC), and found to be a carcinogen or potential carcinogen; or
♦ It is listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogens published by the National Toxicology Program (NTP) (latest edition); or
♦ It is regulated by WISHA as a carcinogen.
Corrosive: A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site of contact. For example, a chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described by the U.S. Department of Transportation in Appendix A to 49 C.F.R. Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term must not refer to action on inanimate surfaces.
Highly toxic: A chemical falling within any of the following categories:
♦ A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.
♦ A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each.
♦ A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each.
Irritant: A chemical, which is not corrosive, but that causes a reversible inflammatory effect on living tissue by chemical action at the site of contact. A chemical is a skin irritant if, when tested on the intact skin of albino rabbits by the methods of 16 C.F.R. 1500.41 for four hours exposure or by other appropriate techniques, it results in an empirical score of five or more. A chemical is an eye irritant if so determined under the procedure listed in 16 C.F.R. 1500.42 or other appropriate techniques.
Sensitizer: A chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical.
Toxic: A chemical falling within any of the following categories:
♦ A chemical that has a median lethal dose (LD50) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.
♦ A chemical that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each.
♦ A chemical that has a median lethal concentration (LC50) in air of more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each.
Target organ effects: The following is a target organ categorization of effects that may occur, including examples of signs and symptoms and chemicals that have been found to cause such effects. These examples are presented to illustrate the range and diversity of effects and hazards found in the workplace, and the broad scope employers must consider in this area, but are not intended to be all-inclusive.
| (a) | Hepatotoxins: | Chemicals that produce liver damage. |
| Signs & symptoms: | Jaundice, liver enlargement. | |
| Chemicals: | Carbon tetrachloride, nitrosamines. | |
| (b) | Nephrotoxins: | Chemicals that produce kidney damage. |
| Signs & symptoms: | Edema; proteinuria. | |
| Chemicals: | Halogenated hydrocarbons; uranium. | |
| (c) | Neurotoxins: | Chemicals that produce their primary toxic effects on the nervous system. |
| Signs & symptoms: | Narcosis; behavioral changes; decrease in motor functions. | |
| Chemicals: | Mercury, carbon disulfide. | |
| (d) | Agents that act on the blood or hemato-poietic system: | Decrease hemoglobin function; deprive the body of oxygen. |
| Signs & symptoms: | Cyanosis; loss of consciousness. | |
| Chemicals: | Carbon monoxide; cyanides. | |
| (e) | Agents that damage the lung: | Chemicals that irritate or damage the pulmonary tissue. |
| Signs & symptoms: | Cough; tightness in chest; shortness of breath. | |
| Chemicals: | Silica; asbestos. | |
| (f) | Reproductive toxins: | Chemicals that affect the reproductive capabilities including chromosomal damage (mutations) and effects on fetuses (teratogenesis). |
| Signs & symptoms: | Birth defects; sterility. | |
| Chemicals: | Lead; DBCP. | |
| (g) | Cutaneous hazards: | Chemicals that affect the dermal layer of the body. |
| Signs & symptoms: | Defatting of the skin; rashes; irritation. | |
| Chemicals: | Ketones; chlorinated compounds. | |
| (h) | Eye hazards: | Chemicals that affect the eye or visual capacity. |
| Signs & symptoms: | Conjunctivitis; corneal damage. | |
| Chemicals: | Organic solvents; acids. |
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Each material safety data sheet must be in English (although the employer may maintain copies in other languages) and must contain at least the following information:
The identity used on the label, and, except as provided for in the trade secrets rule, WAC 296-62-053:
♦ If the hazardous chemical is a single substance, its chemical and common name(s);
♦ If the hazardous chemical is a mixture that has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients that contribute to these known hazards, and the common name(s) of the mixture itself; or
♦ If the hazardous chemical is a mixture that has not been tested as a whole:
(A) The chemical and common name(s) of all ingredients that have been determined to be health hazards, and that comprise 1% or greater of the composition, except that chemicals identified as carcinogens under "Determine whether the chemicals you produce in your workplace or import are hazardous." section in "Manufactures, importers and distributors, chemical hazard communication," WAC 296-62-05401, shall be listed if the concentrations are 0.1% or greater; and
(B) The chemical and common name(s) of all ingredients that have been determined to be health hazards, and that comprise less than one percent (0.1% for carcinogens) of the mixture, if there is evidence that the ingredient(s) could be released from the mixture in concentrations that would exceed an established WISHA or OSHA permissible exposure limit or ACGIH threshold limit value, or could present a health risk to employees; and
(C) The chemical and common name(s) of all ingredients that have been determined to present a physical hazard when present in the mixture;
Physical and chemical characteristics of the hazardous chemical (such as vapor pressure, flash point);
The physical hazards of the hazardous chemical, including the potential for fire, explosion, and reactivity;
The acute and chronic health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions that are generally recognized as being aggravated by exposure to the chemical;
The primary route(s) of entry;
The WISHA or OSHA permissible exposure limit, ACGIH threshold limit value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet (the PELs and TLVs include the 8-hour TWA, STEL, ceiling value and skin notation where available);
Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions), or by WISHA or OSHA;
Any generally applicable precautions for safe handling and use that are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks;
Any generally applicable control measures that are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment;
Emergency and first aid procedures;
The date of preparation of the material safety data sheet or the last change to it; and
The name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer or employer preparing the material safety data sheet must mark it to indicate that no applicable information was found.
Where complex mixtures have similar hazards and contents (i.e., the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one material safety data sheet to apply to all of these similar mixtures.
The chemical manufacturer, importer or employer preparing the material safety data sheet must ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If the chemical manufacturer, importer or employer preparing the material safety data sheet becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information must be added to the material safety data sheet within three months. If the chemical is not currently being produced or imported, the chemical manufacturer or importer must add the information to the material safety data sheet before the chemical is introduced into the workplace again.
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Identity of the hazardous chemical(s);
Appropriate hazard warnings; and
Name and address of the chemical manufacturer, importer, or other responsible party.
For solid metal (such as a steel beam or a metal casting), solid wood, or plastic items that are not exempted as articles due to their downstream use, or shipments of whole grain, the required label may be:
Transmitted to the customer at the time of the initial shipment, and need not be included with subsequent shipments to the same employer unless the information on the label changes;
Transmitted with the initial shipment itself, or with the material safety data sheet that is to be provided prior to or at the time of the first shipment; and
This exception to requiring labels on every container of hazardous chemicals is only for the solid material itself and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the material and to that which employees handling the items in transit may be exposed (for example, cutting fluids or pesticides in grain).
Chemical manufacturers, importers, or distributors must ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this part in a manner that does not conflict with the requirements of the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.) and regulations issued under that act by the department of transportation.
If the hazardous chemical is regulated by WISHA or OSHA in a substance-specific health standard, the chemical manufacturer, importer, distributor or employer must ensure that the labels or other forms of warning used are in accordance with the requirements of that standard.
The chemical manufacturer, importer, distributor or employer need not affix new labels to comply with this part if existing labels already convey the required information.
Chemical manufacturers, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical must revise the labels for the chemical within three months of becoming aware of the new information. Labels on containers of hazardous chemicals shipped after that time must contain the new information. If the chemical is not currently produced or imported, the chemical manufacturer, importer, distributor, or employer must add the information to the label before the chemical is shipped or introduced into the workplace again.
Retention of DOT markings, placards and labels.
&sqbul; Any employer who receives a package of hazardous material that is required to be marked, labeled or placarded in accordance with the U.S. Department of Transportation's Hazardous Materials Regulations (49 C.F.R. Parts 171 through 180) must retain those markings, labels and placards on the package until the packaging is sufficiently cleaned of residue and purged of vapors to remove any potential hazards.
&sqbul; Any employer who receives a freight container, rail freight car, motor vehicle, or transport vehicle that is required to be marked or placarded in accordance with the Hazardous Materials Regulations must retain those markings and placards on the freight container, rail freight car, motor vehicle or transport vehicle until the hazardous materials that require the marking or placarding are sufficiently removed to prevent any potential hazards.
&sqbul; Markings, placards and labels must be maintained in a manner that ensures that they are readily visible.
&sqbul; For nonbulk packages that will not be reshipped, the provisions of this section are met if a label or other acceptable marking is affixed in accordance with this rule.
&sqbul; For the purposes of this section, the term "hazardous material" and any other terms not defined in this section have the same definition as in the Hazardous Materials Regulations (49 C.F.R. Parts 171 through 180).
The hazard communication rule does not require labeling of the following chemicals:
Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when subject to the labeling requirements of that act and labeling regulations issued under that act by the Environmental Protection Agency;
Any chemical substance or mixture as such terms are defined in the Toxic Substance Control Act (15 U.S.C. 2601 et seq.), when subject to the labeling requirements of that act and labeling requirements issued under that act by the Environmental Protection Agency;
Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, including materials intended for use as ingredients in such products (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Virus-Serum Toxin Act of 1913 (21 U.S.C. 151 et seq.) and regulations issued under those acts, when they are subject to the labeling requirements under those acts by either the Food and Drug Administration or the department of agriculture;
Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that act, when subject to the labeling requirements of that act and labeling regulations issued under that act by the Bureau of Alcohol, Tobacco, and Firearms;
Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those acts, or regulations issued under those acts by the Consumer Product Safety Commission; and
Agricultural or vegetable seed treated with pesticides and labeled in accordance with the Federal Seed Act (7 U.S.C. 1551 et seq.) and the labeling requirements issued under that act by the department of agriculture.
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Ensure that distributors and employers are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated;
Either provide material safety data sheets with the shipped containers or send them to the distributor or employer prior to or at the time of the shipment;
If the material safety data sheet is not provided with a shipment that has been labeled as a hazardous chemical, the distributor or employer must obtain one from the chemical manufacturer or importer as soon as possible; and
Also, provide distributors or employers with a material safety data sheet upon request.
Distributors must:
Ensure that material safety data sheets, and updated information, are provided to other distributors and employers with their initial shipment and with the first shipment after a material safety data sheet is updated;
Either provide material safety data sheets with the shipped containers, or send them to the other distributor or employer prior to or at the time of the shipment;
If the material safety data sheet is not provided with a shipment that has been labeled as a hazardous chemical, the distributor must obtain one from the chemical manufacturer or importer as soon as possible.
Retailers selling hazardous chemicals to employers having a commercial account must provide a material safety data sheet to such employers upon request, and must post a sign or otherwise inform them that a material safety data sheet is available.
Wholesale distributors selling hazardous chemicals to employers over-the-counter may also provide material safety data sheets upon request of the employer at the time of the over-the-counter purchase, and must post a sign or otherwise inform such employers that a material safety data sheet is available.
If an employer without a commercial account purchases a hazardous chemical from a retail distributor not required to have material safety data sheets on file (i.e., the retail distributor does not have a commercial account and does not use the materials), the retail distributor must provide the employer, upon request, with the name, address, and telephone number of the chemical manufacturer, importer, or distributor from which a material safety data sheet can be obtained.
Wholesale distributors must also provide material safety data sheets to employers or other distributors upon request.
Chemical manufacturers, importers, and distributors need not provide material safety data sheets to retail distributors that have informed them that the retail distributor does not sell the product to commercial accounts or open the sealed container to use it in their own workplaces.
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The following sections of the Washington Administrative Code are repealed:
| WAC 296-62-05403 | Scope and application. |
| WAC 296-62-05405 | Definitions applicable to this part. |
| WAC 296-62-05407 | Hazard determination. |
| WAC 296-62-05409 | Written hazard communication program. |
| WAC 296-62-05411 | Labels and other forms of warning. |
| WAC 296-62-05413 | Material safety data sheets. |
| WAC 296-62-05415 | Employee information and training. |
| WAC 296-62-05417 | Trade secrets. |
| WAC 296-62-05419 | Effective dates. |
| WAC 296-62-05421 | Appendix A -- Health hazard definitions (mandatory). |
| WAC 296-62-05423 | Appendix B -- Hazard determination (mandatory). |
| WAC 296-62-05425 | Appendix C -- Information sources (advisory). |
| WAC 296-62-05427 | Appendix D. |
| WAC 296-62-05429 | Appendix E -- Guidelines for employer compliance (advisory). |
OTS-4299.2
AMENDATORY SECTION(Amending Order 89-03, filed 5/15/89,
effective 6/30/89)
WAC 296-62-05207
Preservation of records.
(1) Unless a
specific occupational safety and health standard provides a
different period of time, each employer shall assure the
preservation and retention of records as follows:
(a) Employee medical records. The medical record for each employee shall be preserved and maintained for at least the duration of employment plus thirty years, except that the following types of records need not be retained for any specific period:
(i) Health insurance claims records maintained separately from the employer's medical program and its records;
(ii) First-aid records (not including medical histories) of one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, and the like which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job, if made on-site by a nonphysician and if maintained separately from the employer's medical program and its records; and
(iii) The medical records of employees who have worked for less than one year for the employer need not be retained beyond the term of employment if they are provided to the employee upon the termination of employment.
(b) Employee exposure records. Each employee exposure record shall be preserved and maintained for at least thirty years, except that:
(i) Background data to environmental (workplace) monitoring or measuring, such as laboratory reports and worksheets, need only be retained for one year as long as the sampling results, the collection methodology (sampling plan), a description of the analytical and mathematical methods used, and a summary of other background data relevant to interpretation of the results obtained, are retained for at least thirty years; and
(ii) ((Material safety data sheets and WAC 296-62-05205(5)))
Employee exposure records concerning the identity of a substance
or agent need not be retained for any specified period as long as
some record of the identity (chemical name if known) of the
substance or agent, where it was used, and when it was used is
retained for at least thirty years; and
(iii) Biological monitoring results designated as exposure records by specific occupational safety and health standards shall be preserved and maintained as required by the specific standard.
(c) Analyses using exposure or medical records. Each analysis using exposure or medical records shall be preserved and maintained for at least thirty years.
(2) Nothing in this section is intended to mandate the form, manner, or process by which an employer preserves a record as long as the information contained in the record is preserved and retrievable, except that chest x-ray films shall be preserved in their original state.
[Statutory Authority: Chapter 49.17 RCW. 89-11-035 (Order 89-03), 296-62-05207, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-62-05207, filed 8/27/81.]
PART B-1TRADE SECRETS
NEW SECTION
WAC 296-62-05301
Definitions.
Understand a trade secret.
The following is a reprint of the Restatement of Torts section 757, comment b (1939):
Definition of trade secret. A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business (see 759 of the Restatement of Torts which is not included in this Appendix) in that it is not simply information as to single or ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the security investments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the operations of the business. Generally, it relates to the production of goods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations in the business, such as a code for determining discounts, rebates or other concessions in a price list or catalogue, or a list of specialized customers, or a method of bookkeeping or other office management.
Director means the director of the department of labor and industries or his/her designee.
Chemical means any element, chemical compound or mixture of elements and/or compounds.
Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution.
Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
Combustible liquid means any liquid having a flashpoint at or above 100F (37.8C), but below 200F (93.3C), except any mixture having components with flashpoints of 200F (93.3C), or higher, the total volume of which make up ninety-nine percent or more of the total volume of the mixture.
Commercial account means an arrangement whereby a retail distributor sells hazardous chemical(s) to an employer, generally in large quantities over time and/or at costs that are below the regular retail price.
Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
Compressed gas means:
A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70F (21.1C); or
A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130F (54.4C) regardless of the pressure at 70F (21.1C); or
A liquid having a vapor pressure exceeding 40 psi at 100F (37.8C) as determined by ASTM D-323-72.
Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this part, pipes or piping systems are not considered to be containers.
Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
Definitions applicable to this rule:
Distributor means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.
Employee means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise. However, for the purposes of this part, employee shall not mean immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity or officers of any closely held corporation engaged in agricultural production of crops or livestock. This part applies to employees who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies.
Employer means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. This part applies to employers engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.
Explosive means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.
Exposure or exposed means that an employee is/was subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure.
Flammable means a chemical that falls into one of the following categories:
Aerosol flammable means an aerosol that, when tested by the method described in 16 CFR 1500.45 yields a flame projection exceeding eighteen inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening;
Gas, flammable means:
A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen percent by volume or less; or
A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than twelve percent by volume, regardless of the lower limit;
Liquid, flammable means any liquid having a flashpoint below 100F (37.8C), except any mixture having components with flashpoints of 100F (37.8C) or higher, the total of which make up ninety-nine percent or more of the total volume of the mixture.
Solid, flammable means a solid, other than a blasting agent or explosive as defined in WAC 296-52-417 or 29 CFR 1910.109(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.
Flashpoint means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows:
Tagliabue closed tester: (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100F (37.8C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or
Pensky-Martens closed tester: (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100F (37.8C), or that contain suspended solids, or that have a tendency to form a surface film under test; or
Setaflash closed tester: (See American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).
| Note: | Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above. |
Hazardous chemical means any chemical which is a physical hazard or a health hazard.
Hazard warning means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the specific physical and health hazard(s), including target organ effects, of the chemical(s) in the container(s). (See definition for "physical hazard" and "health hazard" to determine the hazards which must be covered.)
Health hazard means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Appendix A provides further definitions and explanations of the scope of health hazards covered by this part, and Appendix B describes the criteria to be used to determine whether or not a chemical is to be considered hazardous for purposes of this standard.
Identity means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS.
Importer means the first business within the Customs Territory of the United States which receives hazardous chemicals produced in other countries, for the purpose of supplying them to distributors or employers within the United States. This definition is the same as Webster's, therefore we did not include it in the definitions.
Material safety data sheet (MSDS) means written or printed material concerning a hazardous chemical which is prepared in accordance with WAC 296-62-05408.
Mixture means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.
Organic peroxide means an organic compound that contains the bivalent-0-0-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
Oxidizer means a chemical other than a blasting agent or explosive as defined in WAC 296-52-417 or CFR 1910.109(a), that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases.
Permissible exposure limits (PELs) refer to airborne concentrations of substances without regard to the use of respiratory protection and represent conditions under which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effect. The permissible exposure limits (PELs) shall include the following four categories:
Permissible exposure limits - Time-weighted average (PEL-TWA) is the time weighted average airborne exposure to any 8-hour work shift of a 40-hour work week which shall not be exceeded.
Permissible exposure limits - Short-term exposure limit (PEL-STEL) is the employee's 15-minute time weighted average exposure which shall not be exceeded at any time during a work day unless another time limit is specified in a parenthetical notation below the limit. If another time period is specified, the time weighted average exposure over that time period shall not be exceeded at any time during the working day.
Permissible exposure limits - Ceiling (PEL-C) is the employee's exposure which shall not be exceeded during any part of the work day. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time weighted average exposure which shall not be exceeded at any time over a working day.
"Skin" notation is the potential contribution to the overall employee exposure by the cutaneous route including mucous membranes and eye, either by airborne, or more particularly, by direct contact with the substance. These substances are identified as having a "skin" notation in the OSHA and WISHA PEL tables (29 CFR Part 1910 Subpart Z and WAC 296-62-075, respectively).
Physical hazard means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
Produce means to manufacture, process, formulate, blend, extract, generate, emit, or repackage.
Purchaser means an employer with a workplace who purchases a hazardous chemical for use within that workplace.
Pyrophoric means a chemical that will ignite spontaneously in air at a temperature of 130F (54.4C) or below.
Responsible party means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) registry number, or any other information that reveals the precise chemical designation of the substance.
Threshold limit values (TLVs) refer to airborne concentrations of substances without regard to the use of respiratory protection and represent conditions under which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effect. The TLV includes the TLV-Time weighted average (TLV-TWA), TLV-Short term exposure limit (TLV-STEL), TLV-Ceiling (TLV-Ceiling) and "skin" notation as stated in the most recent edition of the 'Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices' from the American Conference of Governmental Industrial Hygienists (ACGIH).
Trade secret means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. WAC 296-62-05427, Appendix D, provides a legal definition of trade secret and WAC 296-62-05417 sets out the criteria to be used in evaluating trade secrets.
Unstable (reactive) means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.
Use means to package, handle, react, emit, extract, generate as a by-product, or transfer.
Water-reactive means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard.
Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas.
[]
You:
Can support the claim that the information withheld is a trade secret.
Disclose all other available information about the properties and effects of the toxic substance.
Disclose the information in the material safety data sheet about the properties and effects of the hazardous chemical.
Inform the person requesting the information, or the material safety data sheet states that the specific chemical identity is being withheld as a trade secret.
Make available the specific chemical identity to health professionals, employees, and their designated representatives according to the provisions of this rule.
Nothing in this rule hinders an employer from deleting from records requested by a health professional, employee, or designated representative any trade secret data which discloses manufacturing processes, or discloses the percentage of a chemical substance in a mixture.
You must notify the health professional, employee, or designated representative requesting records that information about the trade has been deleted from the records.
If deleting trade secret information from a record substantially impairs evaluation of the location or the time when exposure to a toxic substance occurred, you must provide alternative information that enables the requesting party to identify where and when the exposure occurred.
[]
You must do this even if you do not have a written statement of need or a confidentiality agreement from the physician or nurse who is handling the medical emergency.
You may require a written statement of need and confidentiality agreement, in accordance with the provisions of nonemergency situations and confidentiality agreement of this rule (see WAC 296-62-05315), as soon as the circumstances of the medical emergency permit.
[]
The request by the health professional, employee, or designated representative must:
Be in writing.
Describe with reasonable detail one or more of the reasons the information is needed. The reason(s) must be related to occupational health needs, such as to:
Assess the hazards of the chemicals to which employees will be exposed.
Conduct or assess sampling of the workplace atmosphere to determine employee exposure levels.
Conduct preassignment or periodic medical surveillance of exposed employees.
Provide medical treatment to exposed employees.
Select or assess appropriate personal protective equipment for exposed employees.
Design or assess engineering controls or other protective measures for exposed employees.
Conduct studies to determine the health effects of exposure.
Explain in detail why the disclosure of the specific chemical identity is essential.
Explain why disclosing the:
Properties and effects of the chemical.
Measures for controlling workers' exposure to the chemical.
Methods of monitoring and analyzing worker exposure to the chemical.
Methods of diagnosing and treating harmful exposures to the chemical
in lieu of trade secret information would prevent the health professional, employee, or designated representative from providing the occupational health services described in the occupational health needs description.
Describe procedures to be used to maintain the confidentiality of the disclosed information. The health professional, employee, or designated representative and the employer or contractor of the services of the health professional or designated representative agree in a written confidentiality agreement that the health professional, employee, or designated representative:
Will not use the trade secret information for any purpose other than the health need(s) described; and
Agree not to release the information under any circumstances other than to WISHA, except as authorized by the terms of the agreement or by the employer.
This confidentiality agreement may:
Restrict the use of the information to the health purposes indicated in the written statement of need.
Provide for appropriate legal remedies in the event of a breach of the agreement, including a reasonable preestimate of likely damages.
Not include requirements for the posting of a penalty bond.
If the health professional, employee, or designated representative receiving the trade secret information decides that there is a need to disclose it to WISHA, he or she must inform the employer who provided the information prior to, or at the same time as disclosing it to WISHA.
Nothing in this section is meant to preclude the parties from pursuing noncontractual remedies to the extent permitted by law.
[]
Be given to the health professional, employee, or designated representative within thirty days of the request.
Be in writing.
Include evidence to support the claim that the specific chemical identity is a trade secret.
State the specific reasons why the request is being denied.
Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity.
If a request for information is denied under the nonemergency section of this rule, the request may then be referred with the written denial of the request to WISHA for consideration.
When a denial is referred to WISHA, WISHA must consider the evidence to determine if the:
Chemical manufacturer, importer or employer has supported the claim that the specific chemical identity is a trade secret.
Health professional, employee, or designated representative has supported the claim that there is a medical or occupational health need for the information.
Health professional, employee, or designated representative has demonstrated adequate means to protect the confidentiality of the trade secret information.
Potential outcomes of denying a written request for trade secret information:
If WISHA determines that the specific chemical identity requested under the nonemergency situations section is not a bona fide trade secret, or that it is a trade secret but the requesting health professional, employee, or designated representative has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means for complying with the terms of such agreement, the chemical manufacturer, importer or employer will be subject to a citation by WISHA.
If a chemical manufacturer, importer or employer demonstrates to WISHA that the execution of a confidentiality agreement would not provide sufficient protection against potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the director may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health needs are met without an undue risk of harm to the chemical manufacturer, importer or employer.
In spite of the existence of a trade secret claim, a chemical manufacturer, importer or employer must upon request, disclose to the director or his representative, any information that this section requires the chemical manufacturer, importer or employer to make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the director so that suitable determinations of trade secret status can be made and the necessary protections can be implemented.
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| b. Definition of trade secret. A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business (see 759 of the Restatement of Torts which is not included in this Appendix) in that it is not simply information as to single or ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the security investments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the operations of the business. Generally it relates to the production of goods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations in the business, such as a code for determining discounts, rebates or other concessions in a price list or catalogue, or a list of specialized customers, or a method of bookkeeping or other office management. |
(1) The extent to which the information is known outside of his business;
(2) The extent to which it is known by employees and others involved in his business;
(3) The extent of measures taken by him to guard the secrecy of the information;
(4) The value of the information to him and his competitors;
(5) The amount of effort or money expended by him in developing the information;
(6) The ease or difficulty with which the information could be properly acquired or duplicated by others.
Novelty and prior art. A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research. The patent monopoly is a reward to the inventor. But such is not the case with a trade secret. Its protection is not based on a policy of rewarding or otherwise encouraging the development of secret processes or devices. The protection is merely against breach of faith and reprehensible means of learning another's secret. For this limited protection it is not appropriate to require also the kind of novelty and invention which is a requisite of patentability. The nature of the secret is, however, an important factor in determining the kind of relief that is appropriate against one who is subject to liability under the rule stated in this section. Thus, if the secret consists of a device or process which is a novel invention, one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use. If, on the other hand, the secret consists of mechanical improvements that a good mechanic can make without resort to the secret, the wrongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate.
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OTS-4290.1
AMENDATORY SECTION(Amending Order 73-3, filed 5/7/73)
WAC 296-62-010
Purpose and scope.
(((1) Purpose. The
purpose of this chapter is:
(a) To protect the health of workmen by prescribing minimum requirements for the prevention or control of conditions in industry hazardous to health.
(b) Assist in the provision of a healthful working environment.
(2) Scope. This chapter shall apply to all industry coming under the jurisdiction of the department of labor and industries.)) The rules in this chapter are designed to protect the health of employees and help to create a healthy work place by establishing requirements to control health hazards. Requirements for chemical hazard communication programs, workplace lighting levels and exposure records are in chapter 296-800 WAC, the safety and health core rules.
[Order 73-3, 296-62-010, filed 5/7/73; Order 70-8, 296-62-010, filed 7/31/70, effective 9/1/70; Section I, effective 8/1/63.]
OTS-4166.1
AMENDATORY SECTION(Amending Order 73-3, filed 5/7/73)
WAC 296-62-050
Application for waiver or variances.
See
WAC ((296-24-010)) 296-350-700 Variance ((and procedure)) from
WISHA rules.
[Order 73-3, 296-62-050, filed 5/7/73; Order 70-8, 296-62-050, filed 7/31/70, effective 9/1/70; Rule 5.010, effective 8/1/63.]
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07101, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-08-026 (Order 82-10), 296-62-07101, filed 3/30/82. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-16-016 (Order 81-19), 296-62-07101, filed 7/27/81.]
(2) All such areas shall be controlled in accordance with the requirements for the following category or categories describing the operation involved:
(a) Isolated systems. Employees working with carcinogens within an isolated system such as a "glove box" shall wash their hands and arms upon completion of the assigned task and before engaging in other activities not associated with the isolated system.
(b) Closed system operation. Within regulated areas where carcinogens are stored in sealed containers, or contained in a closed system including piping systems with any sample ports or openings closed while carcinogens are contained within:
(i) Access shall be restricted to authorized employees only;
(ii) Employees shall be required to wash hands, forearms, face and neck upon each exit from the regulated areas, close to the point of exit and before engaging in other activities.
(c) Open vessel system operations. Open vessel system operations as defined in WAC 296-62-07304(12) are prohibited.
(d) Transfer from a closed system. Charging or discharging point operations, or otherwise opening a closed system. In operations involving "laboratory-type hoods," or in locations where a carcinogen is contained in an otherwise "closed system," but is transferred, charged, or discharged into other normally closed containers, the provisions of this section shall apply.
(i) Access shall be restricted to authorized employees only;
(ii) Each operation shall be provided with continuous local exhaust ventilation so that air movement is always from ordinary work areas to the operation. Exhaust air shall not be discharged to regulated areas, nonregulated areas or the external environment unless decontaminated. Clean makeup air shall be introduced in sufficient volume to maintain the correct operation of the local exhaust system.
(iii) Employees shall be provided with, and required to wear, clean, full body protective clothing (smocks, coveralls, or long-sleeved shirt and pants), shoe covers and gloves prior to entering the regulated area.
(iv) Employees engaged in handling operations involving the following carcinogens must be provided with and required to wear and use a full-face, supplied-air respirator, of the continuous flow or pressure-demand type as required in chapter 296-62 WAC, Part E:
| Methyl Chloromethyl Ether; | ||
| bis-Chloromethyl Ether; | ||
| Ethylenemine; | ||
| beta-Propiolactone; | ||
| 4-Amino Diphenyl. |
| 4-nitrobiphenyl; | ||
| alpha-naphthylamine; | ||
| 4-4'methylene bis(2-chloroaniline); | ||
| 3-3'dichlorobenzidine (and its salts); | ||
| beta-naphthylamine; | ||
| benzidine; | ||
| 2-acetylamino fluroene; | ||
| 4-dimethylaminobenzene; | ||
| n-nitrosodimethylamine |
(vi) Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers shall be identified, as required under WAC 296-62-07310 (2), (3) and (4).
(vii) Employees shall be required to wash hands, forearms, face and neck on each exit from the regulated area, close to the point of exit, and before engaging in other activities.
(viii) Employees shall be required to shower after the last exit of the day.
(ix) Drinking fountains are prohibited in the regulated area.
(e) Maintenance and decontamination activities. In clean up of leaks or spills, maintenance or repair operations on contaminated systems or equipment, or any operations involving work in an area where direct contact with carcinogens could result, each authorized employee entering the area shall:
(i) Be provided with and required to wear, clean, impervious
garments, including gloves, boots and continuous-air supplied
hood in accordance with ((chapter 296-24 WAC, the general safety
and health standards)) WAC 296-800-160, and respiratory
protective equipment required by this chapter 296-62 WAC;
(ii) Be decontaminated before removing the protective garments and hood;
(iii) Be required to shower upon removing the protective garments and hood.
(f) Laboratory activities. The requirements of this subdivision shall apply to research and quality control activities involving the use of carcinogens listed in WAC 296-62-07302.
(i) Mechanical pipetting aids shall be used for all pipetting procedures.
(ii) Experiments, procedures and equipment which could produce aerosols shall be confined to laboratory-type hoods or glove boxes.
(iii) Surfaces on which carcinogens are handled shall be protected from contamination.
(iv) Contaminated wastes and animal carcasses shall be collected in impervious containers which are closed and decontaminated prior to removal from the work area. Such wastes and carcasses shall be incinerated in such a manner that no carcinogenic products are released.
(v) All other forms of listed carcinogens shall be inactivated prior to disposal.
(vi) Laboratory vacuum systems shall be protected with high efficiency scrubbers or with disposable absolute filters.
(vii) Employees engaged in animal support activities shall be:
(A) Provided with, and required to wear, a complete protective clothing change, clean each day, including coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment or devices; and
(B) Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers shall be identified as required under WAC 296-62-07310 (2), (3) and (4).
(C) Required to wash hands, forearms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activities; and
(D) Required to shower after the last exit of the day.
(viii) Employees, other than those engaged only in animal support activities, each day shall be:
(A) Provided with and required to wear a clean change of appropriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat.
(B) Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers shall be identified as required under WAC 296-62-07310 (2), (3) and (4).
(C) Required to wash hands, forearms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activities.
(ix) Air pressure in laboratory areas and animal rooms where carcinogens are handled and bioassay studies are performed shall be negative in relation to the pressure in surrounding areas. Exhaust air shall not be discharged to regulated areas, nonregulated areas or the external environment unless decontaminated.
(x) There shall be no connection between regulated areas and any other areas through the ventilation system.
(xi) A current inventory of the carcinogens shall be maintained.
(xii) Ventilated apparatus such as laboratory-type hoods, shall be tested at least semi-annually or immediately after ventilation modification or maintenance operations, by personnel fully qualified to certify correct containment and operation.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07306, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 96-09-030, 296-62-07306, filed 4/10/96, effective 6/1/96. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-16-009 (Order 86-28), 296-62-07306, filed 7/25/86; 85-10-004 (Order 85-09), 296-62-07306, filed 4/19/85. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-16-015 (Order 81-20), 296-62-07306, filed 7/27/81. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), 296-62-07306, filed 11/13/80.]
(2) Emergencies. In an emergency, immediate measures including, but not limited to, the requirements of (a), (b), (c), (d) and (e) of this subsection shall be implemented.
(a) The potentially affected area shall be evacuated as soon as the emergency has been determined.
(b) Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be decontaminated prior to the resumption of normal operations.
(c) Special medical surveillance by a physician shall be instituted within twenty-four hours for employees present in the potentially affected area at the time of the emergency. A report of the medical surveillance and any treatment shall be included in the incident report, in accordance with WAC 296-62-07312(2).
(d) Where an employee has a known contact with a listed carcinogen, such employee shall be required to shower as soon as possible, unless contraindicated by physical injuries.
(e) An incident report on the emergency shall be reported as provided in WAC 296-62-07312(2).
(3) Hygiene facilities and practices.
(a) Storage or consumption of food, storage or use of containers of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of such products, are prohibited in regulated areas.
(b) Where employees are required by this section to wash,
washing facilities shall be provided in accordance with WAC
((296-24-12009, of the general safety and health standards))
296-800-230.
(c) Where employees are required by this section to shower, shower facilities shall be provided.
(i) One shower shall be provided for each ten employees of each sex, or numerical fraction thereof, who are required to shower during the same shift.
(ii) Body soap or other appropriate cleansing agents convenient to the showers shall be provided as specified in WAC 296-24-12009, of the general safety and health standards.
(iii) Showers shall be provided with hot and cold water feeding a common discharge line.
(iv) Employees who use showers shall be provided with individual clean towels.
(d) Where employees wear protective clothing and equipment, clean change rooms shall be provided and shall be equipped with storage facilities for street clothes and separate storage facilities for the protective clothing for the number of such employees required to change clothes.
(e) Where toilets are in regulated areas, such toilets shall be in a separate room.
(4) Contamination control.
(a) Regulated areas, except for outdoor systems, shall be maintained under pressure negative with respect to nonregulated areas. Local exhaust ventilation may be used to satisfy this requirement. Clean makeup air in equal volume shall replace air removed.
(b) Any equipment, material, or other item taken into or removed from a regulated area shall be done so in a manner that does not cause contamination in nonregulated areas or the external environment.
(c) Decontamination procedures shall be established and implemented to remove carcinogens from the surfaces of materials, equipment and the decontamination facility.
(d) Dry sweeping and dry mopping are prohibited.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07308, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), 296-62-07308, filed 11/30/83. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), 296-62-07308, filed 11/13/80.]
(a) This section applies to all occupational exposure to acrylonitrile (AN), Chemical Abstracts Service Registry No. 000107131, except as provided in (b) and (c) of this subsection.
(b) This section does not apply to exposures which result solely from the processing, use, and handling of the following materials:
(i) ABS resins, SAN resins, nitrile barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers, when these listed materials are in the form of finished polymers, and products fabricated from such finished polymers;
(ii) Materials made from and/or containing AN for which objective data is reasonably relied upon to demonstrate that the material is not capable of releasing AN in airborne concentrations in excess of 1 ppm as an eight-hour time-weighted average, under the expected conditions of processing, use, and handling which will cause the greatest possible release; and
(iii) Solid materials made from and/or containing AN which will not be heated above 170F during handling, use, or processing.
(c) An employer relying upon exemption under (1)(b)(ii) shall maintain records of the objective data supporting that exemption, and of the basis of the employer's reliance on the data as provided in subsection (17) of this section.
(2) Definitions, as applicable to this section:
(a) "Acrylonitrile" or "AN" - acrylonitrile monomer, chemical formula CH2=CHCN.
(b) "Action level" - a concentration of AN of 1 ppm as an eight-hour time-weighted average.
(c) "Authorized person" - any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the opportunity to observe monitoring procedures under subsection (18) of this section.
(d) "Decontamination" means treatment of materials and surfaces by water washdown, ventilation, or other means, to assure that the materials will not expose employees to airborne concentrations of AN above 1 ppm as an eight-hour time-weighted average.
(e) "Director" - the director of labor and industries, or his authorized representative.
(f) "Emergency" - any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which is likely to, or does, result in unexpected exposure to AN in excess of the ceiling limit.
(g) "Liquid AN" means AN monomer in liquid form, and liquid or semiliquid polymer intermediates, including slurries, suspensions, emulsions, and solutions, produced during the polymerization of AN.
(h) "Polyacrylonitrile" or "PAN" - polyacrylonitrile homopolymers or copolymers, except for materials as exempted under subsection (1)(b) of this section.
(3) Permissible exposure limits.
(a) Inhalation.
(i) Time-weighted average limit (TWA). The employer shall assure that no employee is exposed to an airborne concentration of acrylonitrile in excess of two parts acrylonitrile per million parts of air (2 ppm), as an eight-hour time-weighted average.
(ii) Ceiling limit. The employer shall assure that no employee is exposed to an airborne concentration of acrylonitrile in excess of 10 ppm as averaged over any fifteen-minute period during the working day.
(b) Dermal and eye exposure. The employer shall assure that no employee is exposed to skin contact or eye contact with liquid AN or PAN.
(4) Notification of use and emergencies.
(a) Use. Within ten days of the effective date of this standard, or within fifteen days following the introduction of AN into the workplace, every employer shall report, unless he has done so pursuant to the emergency temporary standard, the following information to the director for each such workplace:
(i) The address and location of each workplace in which AN is present;
(ii) A brief description of each process of operation which may result in employee exposure to AN;
(iii) The number of employees engaged in each process or operation who may be exposed to AN and an estimate of the frequency and degree of exposure that occurs; and
(iv) A brief description of the employer's safety and health program as it relates to limitation of employee exposure to AN. Whenever there has been a significant change in the information required by this subsection, the employer shall promptly amend such information previously provided to the director.
(b) Emergencies and remedial action. Emergencies, and the facts obtainable at that time, shall be reported within 24 hours of the initial occurrence to the director. Upon request of the director, the employer shall submit additional information in writing relevant to the nature and extent of employee exposures and measures taken to prevent future emergencies of a similar nature.
(5) Exposure monitoring.
(a) General.
(i) Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to AN over an eight-hour period.
(ii) For the purposes of this section, employee exposure is that which would occur if the employee were not using a respirator.
(b) Initial monitoring. Each employer who has a place of employment in which AN is present shall monitor each such workplace and work operation to accurately determine the airborne concentrations of AN to which employees may be exposed. Such monitoring may be done on a representative basis, provided that the employer can demonstrate that the determinations are representative of employee exposures.
(c) Frequency.
(i) If the monitoring required by this section reveals employee exposure to be below the action level, the employer may discontinue monitoring for that employee. The employer shall continue these quarterly measurements until at least two consecutive measurements taken at least seven days apart, are below the action level, and thereafter the employer may discontinue monitoring for that employee.
(ii) If the monitoring required by this section reveals employee exposure to be at or above the action level but below the permissible exposure limits, the employer shall repeat such monitoring for each such employee at least quarterly.
(iii) If the monitoring required by this section reveals employee exposure to be in excess of the permissible exposure limits, the employer shall repeat these determinations for each such employee at least monthly. The employer shall continue these monthly measurements until at least two consecutive measurements, taken at least seven days apart, are below the permissible exposure limits, and thereafter the employer shall monitor at least quarterly.
(d) Additional monitoring. Whenever there has been a production, process, control or personnel change which may result in new or additional exposure to AN, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to AN, additional monitoring which complies with this subsection shall be conducted.
(e) Employee notification.
(i) Within five working days after the receipt of monitoring results, the employer shall notify each employee in writing of the results which represent that employee's exposure.
(ii) Whenever the results indicate that the representative employee exposure exceeds the permissible exposure limits, the employer shall include in the written notice a statement that the permissible exposure limits were exceeded and a description of the corrective action being taken to reduce exposure to or below the permissible exposure limits.
(f) Accuracy of measurement. The method of measurement of employee exposures shall be accurate, to a confidence level of 95 percent, to within plus or minus 25 percent for concentrations of AN at or above the permissible exposure limits, and plus or minus 35 percent for concentrations of AN between the action level and the permissible exposure limits.
(g) Weekly survey of operations involving liquid AN. In addition to monitoring of employee exposures to AN as otherwise required by this subsection, the employer shall survey areas of operations involving liquid AN at least weekly to detect points where AN liquid or vapor are being released into the workplace. The survey shall employ an infra-red gas analyzer calibrated for AN, a multipoint gas chromatographic monitor, or comparable system for detection of AN. A listing of levels detected and areas of AN release, as determined from the survey, shall be posted prominently in the workplace, and shall remain posted until the next survey is completed.
(6) Regulated areas.
(a) The employer shall establish regulated areas where AN concentrations are in excess of the permissible exposure limits.
(b) Regulated areas shall be demarcated and segregated from the rest of the workplace, in any manner that minimizes the number of persons who will be exposed to AN.
(c) Access to regulated areas shall be limited to authorized persons or to persons otherwise authorized by the act or regulations issued pursuant thereto.
(d) The employer shall assure that in the regulated area, food or beverages are not present or consumed, smoking products are not present or used, and cosmetics are not applied, (except that these activities may be conducted in the lunchrooms, change rooms and showers required under subsections (13)(a)-(13)(c) of this section.
(7) Methods of compliance.
(a) Engineering and work practice controls.
(i) The employer shall institute engineering or work practice controls to reduce and maintain employee exposures to AN, to or below the permissible exposure limits, except to the extent that the employer establishes that such controls are not feasible.
(ii) Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limits, the employer shall nonetheless use them to reduce exposures to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection which complies with the requirements of subsection (8) of this section.
(b) Compliance program.
(i) The employer shall establish and implement a written program to reduce employee exposures to or below the permissible exposure limits solely by means of engineering and work practice controls, as required by subsection (7)(a) of this section.
(ii) Written plans for these compliance programs shall include at least the following:
(A) A description of each operation or process resulting in employee exposure to AN above the permissible exposure limits;
(B) Engineering plans and other studies used to determine the controls for each process;
(C) A report of the technology considered in meeting the permissible exposure limits;
(D) A detailed schedule for the implementation of engineering or work practice controls; and
(E) Other relevant information.
(iii) The employer shall complete the steps set forth in the compliance program by the dates in the schedule.
(iv) Written plans for such a program shall be submitted upon request to the director, and shall be available at the worksite for examination and copying by the director, or any affected employee or representative.
(v) The plans required by this subsection shall be revised and updated at least every six months to reflect the current status of the program.
(8) Respiratory protection.
(a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls;
(ii) Work operations, such as maintenance and repair activities or reactor cleaning, for which the employer establishes that engineering and work-practice controls are not feasible;
(iii) Work operations for which feasible engineering and work-practice controls are not yet sufficient to reduce employee exposure to or below the permissible exposure limits;
(iv) In emergencies.
(b) Respirator program.
The employer must implement a respiratory protection program in accordance with chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).
(c) Respirator selection. The employer must select the appropriate respirator from Table I of this subsection.
| Concentration of AN or Condition of Use |
Respirator Type |
||
| (a) | Less than or equal to 25 x permissible exposure limits. |
(i) | Any Type C supplied air respirator. |
| (b) | Less than or equal to 100 x permissible exposure limits. |
(i) | Any supplied air respirator with full facepiece; or |
| (ii) | Any self-contained breathing apparatus with full facepiece. | ||
| (c) | Less than or equal to 250 x permissible exposure limits |
(i) | Supplied air respirator in positive pressure mode with full facepiece, helmet, hood, or suit. |
| (d) | Greater than 250 x permissible exposure limits. |
(i) | Supplied air respirator with full facepiece and an auxiliary self-contained air supply, operated in pressure demand mode; or |
| (ii) | Open circuit self-contained breathing apparatus with full facepiece in positive pressure mode. | ||
| (e) | Emergency entry into unknown concentration or firefighting |
(i) | Any self-contained breathing apparatus with full facepiece in positive pressure mode. |
| (f) | Escape. | (i) | Any organic vapor gas mask; or |
| (ii) | Any self-contained
breathing. |
||
(a) Written plans.
(i) A written plan for emergency situations shall be developed for each workplace where AN is present. Appropriate portions of the plan shall be implemented in the event of an emergency.
(ii) The plan shall specifically provide that employees engaged in correcting emergency conditions shall be equipped as required in subsection (8) of this section until the emergency is abated.
(b) Alerting employees.
(i) Where there is the possibility of employee exposure to AN in excess of the ceiling limit due to the occurrence of an emergency, a general alarm shall be installed and maintained to promptly alert employees of such occurrences.
(ii) Employees not engaged in correcting the emergency shall be evacuated from the area and shall not be permitted to return until the emergency is abated.
(10) Protective clothing and equipment.
(a) Provision and use. Where eye or skin contact with
liquid AN or PAN may occur, the employer shall provide at no cost
to the employee, and assure that employees wear, appropriate
protective clothing or other equipment in accordance with WAC
((296-24-07501 and 296-24-07801)) 296-800-160 to protect any area
of the body which may come in contact with liquid AN or PAN.
(b) Cleaning and replacement.
(i) The employer shall clean, launder, maintain, or replace protective clothing and equipment required by this subsection, as needed to maintain their effectiveness. In addition, the employer shall provide clean protective clothing and equipment at least weekly to each affected employee.
(ii) The employer shall assure that impermeable protective clothing which contacts or is likely to have contacted liquid AN shall be decontaminated before being removed by the employee.
(iii) The employer shall assure that AN- or PAN-contaminated protective clothing and equipment is placed and stored in closable containers which prevent dispersion of the AN or PAN outside the container.
(iv) The employer shall assure that an employee whose nonimpermeable clothing becomes wetted with liquid AN shall immediately remove that clothing and proceed to shower. The clothing shall be decontaminated before it is removed from the regulated area.
(v) The employer shall assure that no employee removes AN-or PAN-contaminated protective equipment or clothing from the change room, except for those employees authorized to do so for the purpose of laundering, maintenance, or disposal.
(vi) The employer shall inform any person who launders or cleans AN-or PAN-contaminated protective clothing or equipment of the potentially harmful effects of exposure to AN.
(vii) The employer shall assure that containers of contaminated protective clothing and equipment which are to be removed from the workplace for any reason are labeled in accordance with subsection (16)(c)(ii) of this section, and that such labels remain affixed when such containers leave the employer's workplace.
(11) Housekeeping.
(a) All surfaces shall be maintained free of accumulations of liquid AN and of PAN.
(b) For operations involving liquid AN, the employer shall institute a program for detecting leaks and spills of liquid AN, including regular visual inspections.
(c) Where spills of liquid AN are detected, the employer shall assure that surfaces contacted by the liquid AN are decontaminated. Employees not engaged in decontamination activities shall leave the area of the spill, and shall not be permitted in the area until decontamination is completed.
(d) Liquids. Where AN is present in a liquid form, or as a resultant vapor, all containers or vessels containing AN shall be enclosed to the maximum extent feasible and tightly covered when not in use, with adequate provision made to avoid any resulting potential explosion hazard.
(e) Surfaces.
(i) Dry sweeping and the use of compressed air for the cleaning of floors and other surfaces where AN and PAN are found is prohibited.
(ii) Where vacuuming methods are selected, either portable units or a permanent system may be used.
(A) If a portable unit is selected, the exhaust shall be attached to the general workplace exhaust ventilation system or collected within the vacuum unit, equipped with high efficiency filters or other appropriate means of contaminant removal, so that AN is not reintroduced into the workplace air; and
(B) Portable vacuum units used to collect AN may not be used for other cleaning purposes and shall be labeled as prescribed by subsection (16)(c)(ii) of this section.
(iii) Cleaning of floors and other contaminated surfaces may not be performed by washing down with a hose, unless a fine spray has first been laid down.
(12) Waste disposal. AN and PAN waste, scrap, debris, bags, containers or equipment, shall be disposed of in sealed bags or other closed containers which prevent dispersion of AN outside the container, and labeled as prescribed in subsection (16)(c)(ii) of this section.
(13) Hygiene facilities and practices. Where employees are exposed to airborne concentrations of AN above the permissible exposure limits, or where employees are required to wear protective clothing or equipment pursuant to subsection (11) of this section, or where otherwise found to be appropriate, the facilities required by WAC 296-24-12009 and 296-800-230 shall be provided by the employer for the use of those employees, and the employer shall assure that the employees use the facilities provided. In addition, the following facilities or requirements are mandated.
(a) Change rooms. The employer shall provide clean change rooms in accordance with WAC 296-24-12011.
(b) Showers.
(i) The employer shall provide shower facilities in accordance with WAC 296-24-12009(3).
(ii) In addition, the employer shall also assure that employees exposed to liquid AN and PAN shower at the end of the work shift.
(iii) The employer shall assure that, in the event of skin or eye exposure to liquid AN, the affected employee shall shower immediately to minimize the danger of skin absorption.
(c) Lunchrooms.
(i) Whenever food or beverages are consumed in the workplace, the employer shall provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees exposed to AN above the permissible exposure limits.
(ii) In addition, the employer shall also assure that employees exposed to AN above the permissible exposure limits wash their hands and face prior to eating.
(14) Medical surveillance.
(a) General.
(i) The employer shall institute a program of medical surveillance for each employee who is or will be exposed to AN above the action level. The employer shall provide each such employee with an opportunity for medical examinations and tests in accordance with this subsection.
(ii) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee.
(b) Initial examinations. At the time of initial assignment, or upon institution of the medical surveillance program, the employer shall provide each affected employee an opportunity for a medical examination, including at least the following elements:
(i) A work history and medical history with special attention to skin, respiratory, and gastrointestinal systems, and those non-specific symptoms, such as headache, nausea, vomiting, dizziness, weakness, or other central nervous system dysfunctions that may be associated with acute or chronic exposure to AN.
(ii) A physical examination giving particular attention to central nervous system, gastrointestinal system, respiratory system, skin and thyroid.
(iii) A 14" x 17" posteroanterior chest x-ray.
(iv) Further tests of the intestinal tract, including fecal occult blood screening, and proctosigmoidoscopy, for all workers 40 years of age or older, and for any other affected employees for whom, in the opinion of the physician, such testing is appropriate.
(c) Periodic examinations.
(i) The employer shall provide examinations specified in this subsection at least annually for all employees specified in subsection (14)(a) of this section.
(ii) If an employee has not had the examinations prescribed in subsection (14)(b) of this section within six months of termination of employment, the employer shall make such examination available to the employee upon such termination.
(d) Additional examinations. If the employee for any reason develops signs or symptoms commonly associated with exposure to AN, the employer shall provide appropriate examination and emergency medical treatment.
(e) Information provided to the physician. The employer shall provide the following information to the examining physician:
(i) A copy of this standard and its appendices;
(ii) A description of the affected employee's duties as they relate to the employee's exposure;
(iii) The employee's representative exposure level;
(iv) The employee's anticipated or estimated exposure level (for preplacement examinations or in cases of exposure due to an emergency);
(v) A description of any personal protective equipment used or to be used; and
(vi) Information from previous medical examinations of the affected employee, which is not otherwise available to the examining physician.
(f) Physician's written opinion.
(i) The employer shall obtain a written opinion from the examining physician which shall include:
(A) The results of the medical examination and test performed;
(B) The physician's opinion as to whether the employee has any detected medical condition which would place the employee at an increased risk of material impairment of the employee's health from exposure to AN;
(C) Any recommended limitations upon the employee's exposure to AN or upon the use of protective clothing and equipment such as respirators; and
(D) A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further examination or treatment.
(ii) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to AN.
(iii) The employer shall provide a copy of the written opinion to the affected employee.
(15) Employee information and training.
(a) Training program.
(i) The employer shall institute a training program for all employees where there is occupational exposure to AN and shall assure their participation in the training program.
(ii) The training program shall be provided at the time of initial assignment, or upon institution of the training program, and at least annually thereafter, and the employer shall assure that each employee is informed of the following:
(A) The information contained in Appendices A, B and C;
(B) The quantity, location, manner of use, release or storage of AN and the specific nature of operations which could result in exposure to AN, as well as any necessary protective steps;
(C) The purpose, proper use, and limitations of respirators and protective clothing;
(D) The purpose and a description of the medical surveillance program required by subsection (14) of this section;
(E) The emergency procedures developed, as required by subsection (9) of this section; and
(F) The engineering and work practice controls, their function and the employee's relationship thereto; and
(G) A review of this standard.
(b) Access to training materials.
(i) The employer shall make a copy of this standard and its appendices readily available to all affected employees.
(ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.
(16) Signs and labels.
(a) General.
(i) The employer may use labels or signs required by other statutes, regulations, or ordinances in addition to, or in combination with, signs and labels required by this subsection.
(ii) The employer shall assure that no statement appears on or near any sign or label, required by this subsection, which contradicts or detracts from such effects of the required sign or label.
(b) Signs.
(i) The employer shall post signs to clearly indicate all
workplaces where AN concentrations exceed the permissible
exposure limits. The signs shall bear the following legend:
ACRYLONITRILE (AN)
CANCER HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS REQUIRED
(c) Labels.
(i) The employer shall assure that precautionary labels are affixed to all containers of AN, and to containers of PAN and products fabricated from PAN, except for those materials for which objective data is provided as to the conditions specified in subsection (1)(b) of this section. The employer shall assure that the labels remain affixed when the AN or PAN are sold, distributed or otherwise leave the employer's workplace.
(ii) The employer shall assure that the precautionary labels
required by this subsection are readily visible and legible. The
labels shall bear the following legend:
CONTAINS ACRYLONITRILE (AN)
CANCER HAZARD
(a) Objective data for exempted operations.
(i) Where the processing, use, and handling of products fabricated from PAN are exempted pursuant to subsection (1)(b) of this section, the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.
(ii) This record shall include the following information:
(A) The relevant condition in subsection (1)(b) upon which exemption is based;
(B) The source of the objective data;
(C) The testing protocol, results of testing, and/or analysis of the material for the release of AN;
(D) A description of the operation exempted and how the data supports the exemption; and
(E) Other data relevant to the operations, materials, and processing covered by the exemption.
(iii) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(b) Exposure monitoring.
(i) The employer shall establish and maintain an accurate record of all monitoring required by subsection (5) of this section.
(ii) This record shall include:
(A) The dates, number, duration, and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure;
(B) A description of the sampling and analytical methods used and the data relied upon to establish that the methods used meet the accuracy and precision requirements of subsection (5)(f) of this section;
(C) Type of respiratory protective devices worn, if any; and
(D) Name, social security number and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent.
(iii) The employer shall maintain this record for at least 40 years or the duration of employment plus 20 years, whichever is longer.
(c) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (14) of this section.
(ii) This record shall include:
(A) A copy of the physicians' written opinions;
(B) Any employee medical complaints related to exposure to AN;
(C) A copy of the information provided to the physician as required by subsection (14)(f) of this section; and
(D) A copy of the employee's medical and work history.
(iii) The employer shall assure that this record be maintained for at least forty years or for the duration of employment plus twenty years, whichever is longer.
(d) Availability.
(i) The employer shall assure that all records required to be maintained by this section be made available upon request to the director for examination and copying.
(ii) Records required by subdivisions (a) through (c) of this subsection shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217. Records required by subdivision (a) of this section shall be provided in the same manner as exposure monitoring records.
(iii) The employer shall assure that employee medical records required to be maintained by this section, be made available, upon request, for examination and copying, to the affected employee or former employee, or to a physician designated by the affected employee, former employee, or designated representative.
(e) Transfer of records.
(i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by this section.
(ii) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, these records shall be transmitted to the director.
(iii) At the expiration of the retention period for the records required to be maintained pursuant to this section, the employer shall transmit these records to the director.
(iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.
(18) Observation of monitoring.
(a) Employee observation. The employer shall provide affected employees, or their designated representatives, an opportunity to observe any monitoring of employee exposure to AN conducted pursuant to subsection (5) of this section.
(b) Observation procedures.
(i) Whenever observation of the monitoring of employee exposure to AN requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, assure the use of such clothing and equipment, and require the observer to comply with all other applicable safety and health procedures.
(ii) Without interfering with the monitoring, observers shall be entitled:
(A) To receive an explanation of the measurement procedures;
(B) To observe all steps related to the measurement of airborne concentrations of AN performed at the place of exposure; and
(C) To record the results obtained.
(19) Appendices. The information contained in the appendices is not intended, by itself, to create any additional obligation not otherwise imposed, or to detract from any obligation.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07336, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 88-11-021 (Order 88-04), 296-62-07336, filed 5/11/88.]
(a) Substance identification:
(i) Synonyms: AN; VCN; vinyl cyanide; propenenitrile; cyanoethylene; Acrylon; Carbacryl; Fumigrain; Ventox.
(ii) Formula: CH2=CHCN.
(iii) Molecular weight: 53.1.
(b) Physical data:
(i) Boiling point (760 mm Hg): 77.3C (171F);
(ii) Specific gravity (water=1): 0.81 (at 20C or 68F);
(iii) Vapor density (air=1 at boiling point of acrylonitrile): 1.83;
(iv) Melting point: -83C (-117F);
(v) Vapor pressure (@20F): 83 mm Hg;
(vi) Solubility in water, percent by weight @20C (68F): 7.35;
(vii) Evaporation rate (Butyl Acetate=1): 4.54; and
(viii) Appearance and odor: Colorless to pale yellow liquid with a pungent odor at concentrations above the permissible exposure level. Any detectable odor of acrylonitrile may indicate overexposure.
(2) Fire, explosion, and reactivity hazard data.
(a) Fire:
(i) Flash point: -1C (30F) (closed cup).
(ii) Autoignition temperature: 481C (898F).
(iii) Flammable limits air, percent by volume: Lower: 3, Upper: 17.
(iv) Extinguishing media: Alcohol foam, carbon dioxide, and dry chemical.
(v) Special fire-fighting procedures: Do not use a solid stream of water, since the stream will scatter and spread the fire. Use water to cool containers exposed to a fire.
(vi) Unusual fire and explosion hazards: Acrylonitrile is a flammable liquid. Its vapors can easily form explosive mixtures with air. All ignition sources must be controlled where acrylonitrile is handled, used, or stored in a manner that could create a potential fire or explosion hazard. Acrylonitrile vapors are heavier than air and may travel along the ground and be ignited by open flames or sparks at locations remote from the site at which acrylonitrile is being handled.
(vii) For purposes of compliance with the requirements of
WAC ((296-24-330)) 296-800-300, acrylonitrile is classified as a
class IB flammable liquid. For example, 7,500 ppm, approximately
one-fourth of the lower flammable limit, would be considered to
pose a potential fire and explosion hazard.
(viii) For purposes of compliance with WAC 296-24-59207, acrylonitrile is classified as a Class B fire hazard.
(ix) For purpose of compliance with WAC 296-24-95613, locations classified as hazardous due to the presence of acrylonitrile shall be Class I, Group D.
(b) Reactivity:
(i) Conditions contributing to instability: Acrylonitrile will polymerize when hot, and the additional heat liberated by the polymerization may cause containers to explode. Pure AN may self-polymerize, with a rapid build-up of pressure, resulting in an explosion hazard. Inhibitors are added to the commercial product to prevent self-polymerization.
(ii) Incompatibilities: Contact with strong oxidizers (especially bromine) and strong bases may cause fires and explosions. Contact with copper, copper alloys, ammonia, and amines may start serious decomposition.
(iii) Hazardous decomposition products: Toxic gases and vapors (such as hydrogen cyanide, oxides of nitrogen, and carbon monoxide) may be released in a fire involving acrylonitrile and certain polymers made from acrylonitrile.
(iv) Special precautions: Liquid acrylonitrile will attack some forms of plastics, rubbers, and coatings.
(3) Spill, leak, and disposal procedures.
(a) If acrylonitrile is spilled or leaked, the following steps should be taken:
(i) Remove all ignition sources.
(ii) The area should be evacuated at once and re-entered only after the area has been thoroughly ventilated and washed down with water.
(iii) If liquid acrylonitrile or polymer intermediate, collect for reclamation or absorb in paper, vermiculite, dry sand, earth, or similar material, or wash down with water into process sewer system.
(b) Persons not wearing protective equipment should be restricted from areas of spills or leaks until clean-up has been completed.
(c) Waste disposal methods: Waste materials shall be disposed of in a manner that is not hazardous to employees or to the general population. Spills of acrylonitrile and flushing of such spills shall be channeled for appropriate treatment or collection for disposal. They shall not be channeled directly into the sanitary sewer system. In selecting the method of waste disposal, applicable local, state, and federal regulations should be consulted.
(4) Monitoring and measurement procedures.
(a) Exposure above the permissible exposure limit:
(i) Eight-hour exposure evaluation: Measurements taken for the purpose of determining employee exposure under this section are best taken so that the average eight-hour exposure may be determined from a single eight-hour sample or two four-hour samples. Air samples should be taken in the employee's breathing zone (air that would most nearly represent that inhaled by the employee).
(ii) Ceiling evaluation: Measurements taken for the purpose of determining employee exposure under this section must be taken during periods of maximum expected airborne concentrations of acrylonitrile in the employee's breathing zone. A minimum of three measurements should be taken on one work shift. The average of all measurements taken is an estimate of the employee's ceiling exposure.
(iii) Monitoring techniques: The sampling and analysis under this section may be performed by collecting the acrylonitrile vapor on charcoal adsorption tubes or other composition adsorption tubes, with subsequent chemical analysis. Sampling and analysis may also be performed by instruments such as real-time continuous monitoring systems, portable direct-reading instruments, or passive dosimeters. Analysis of resultant samples should be by gas chromatograph.
(iv) Appendix D lists methods of sampling and analysis which have been tested by NIOSH and OSHA for use with acrylonitrile. NIOSH and OSHA have validated modifications of NIOSH Method S-156 (see Appendix D) under laboratory conditions for concentrations below 1 ppm. The employer has the obligation of selecting a monitoring method which meets the accuracy and precision requirements of the standard under his/her unique field conditions. The standard requires that methods of monitoring must be accurate, to a 95-percent confidence level, to 35-percent for concentrations of AN at or above 2 ppm, and to 50-percent for concentrations below 2 ppm. In addition to the methods described in Appendix D, there are numerous other methods available for monitoring for AN in the workplace. Details on these other methods have been submitted by various companies to the rulemaking record, and are available at the OSHA Docket Office.
(b) Since many of the duties relating to employee exposure are dependent on the results of monitoring and measuring procedures, employers shall assure that the evaluation of employee exposures is performed by a competent industrial hygienist or other technically qualified person.
(5) Protective clothing.
(a) Employees shall be provided with and required to wear appropriate protective clothing to prevent any possibility of skin contact with liquid AN. Because acrylonitrile is absorbed through the skin, it is important to prevent skin contact with liquid AN. Protective clothing shall include impermeable coveralls or similar full-body work clothing, gloves, head-coverings, as appropriate to protect areas of the body which may come in contact with liquid AN.
(b) Employers should ascertain that the protective garments are impermeable to acrylonitrile. Nonimpermeable clothing and shoes should not be allowed to become contaminated with liquid AN. If permeable clothing does become contaminated, it should be promptly removed, placed in a regulated area for removal of the AN, and not worn again until the AN is removed. If leather footwear or other leather garments become wet from acrylonitrile, they should be replaced and not worn again, due to the ability of leather to absorb acrylonitrile and hold it against the skin. Since there is no pain associated with the blistering which may result from skin contact with liquid AN, it is essential that the employee be informed of this hazard so that he or she can be protected.
(c) Any protective clothing which has developed leaks or is otherwise found to be defective shall be repaired or replaced. Clean protective clothing shall be provided to the employee as necessary to assure its protectiveness. Whenever impervious clothing becomes wet with liquid AN, it shall be washed down with water before being removed by the employee. Employees are also required to wear splash-proof safety goggles where there is any possibility of acrylonitrile contacting the eyes.
(6) Housekeeping and hygiene facilities. For purposes of complying with WAC 296-24-120, 296-800-220 and 296-800-230, the following items should be emphasized:
(a) The workplace should be kept clean, orderly, and in a sanitary condition. The employer is required to institute a leak and spill detection program for operations involving liquid AN in order to detect sources of fugitive AN emissions.
(b) Dry sweeping and the use of compressed air is unsafe for the cleaning of floors and other surfaces where liquid AN may be found.
(c) Adequate washing facilities with hot and cold water are to be provided, and maintained in a sanitary condition. Suitable cleansing agents are also to be provided to assure the effective removal of acrylonitrile from the skin.
(d) Change or dressing rooms with individual clothes storage facilities must be provided to prevent the contamination of street clothes with acrylonitrile. Because of the hazardous nature of acrylonitrile, contaminated protective clothing should be placed in a regulated area designated by the employer for removal of the AN before the clothing is laundered or disposed of.
(7) Miscellaneous precautions.
(a) Store acrylonitrile in tightly-closed containers in a cool, well-ventilated area and take necessary precautions to avoid any explosion hazard.
(b) High exposures to acrylonitrile can occur when transferring the liquid from one container to another.
(c) Nonsparking tools must be used to open and close metal acrylonitrile containers. These containers must be effectively grounded and bonded prior to pouring.
(d) Never store uninhibited acrylonitrile.
(e) Acrylonitrile vapors are not inhibited.
They may form polymers and clog vents of storage tanks.
(f) Use of supplied-air suits or other impervious coverings may be necessary to prevent skin contact with and provide respiratory protection from acrylonitrile where the concentration of acrylonitrile is unknown or is above the ceiling limit. Supplied-air suits should be selected, used, and maintained under the immediate supervision of persons knowledgeable in the limitations and potential life-endangering characteristics of supplied-air suits.
(g) Employers shall advise employees of all areas and operations where exposure to acrylonitrile could occur.
(8) Common operations. Common operations in which exposure to acrylonitrile is likely to occur include the following: Manufacture of the acrylonitrile monomer; synthesis of acrylic fibers, ABS, SAN, and nitrile barrier plastics and resins, nitrile rubber, surface coatings, specialty chemicals; use as a chemical intermediate; use as a fumigant; and in the cyanoethylation of cotton.
[Statutory Authority: Chapter 49.17 RCW. 88-11-021 (Order 88-04), 296-62-07338, filed 5/11/88.]
(a) This section applies to occupational exposure to 1,2-dibromo-3-chloropropane (DBCP).
(b) This section does not apply to:
(i) Exposure to DBCP which results solely from the application and use of DBCP as a pesticide; or
(ii) The storage, transportation, distribution or sale of DBCP in intact containers sealed in such a manner as to prevent exposure to DBCP vapors or liquids, except for the requirements of subsections (11), (16) and (17) of this section.
(2) Definitions applicable to this section:
(a) "Authorized person" - any person specifically authorized by the employer and whose duties require the person to be present in areas where DBCP is present; and any person entering this area as a designated representative of employees exercising an opportunity to observe employee exposure monitoring.
(b) "DBCP" - 1,2-dibromo-3-chloropropane, Chemical Abstracts Service Registry Number 96-12-8, and includes all forms of DBCP.
(c) "Director" - the director of labor and industries, or his authorized representative.
(d) "Emergency" - any occurrence such as, but not limited to equipment failure, rupture of containers, or failure of control equipment which may, or does, result in unexpected release of DBCP.
(3) Permissible exposure limits.
(a) Inhalation.
(i) Time-weighted average limit (TWA). The employer shall assure that no employee is exposed to an airborne concentration in excess of 1 part DBCP per billion part of air (ppb) as an eight-hour time-weighted average.
(ii) Ceiling limit. The employer shall assure that no employee is exposed to an airborne concentration in excess of 5 parts DBCP per billion parts of air (ppb) as averaged over any 15 minutes during the working day.
(b) Dermal and eye exposure. The employer shall assure that no employee is exposed to eye or skin contact with DBCP.
(4) Notification of use. Within ten days of the effective date of this section or within ten days following the introduction of DBCP into the workplace, every employer who has a workplace where DBCP is present shall report the following information to the director for each such workplace:
(a) The address and location of each workplace in which DBCP is present;
(b) A brief description of each process or operation which may result in employee exposure to DBCP;
(c) The number of employees engaged in each process or operation who may be exposed to DBCP and an estimate of the frequency and degree of exposure that occurs;
(d) A brief description of the employer's safety and health program as it relates to limitation of employee exposure to DBCP.
(5) Regulated areas. The employer shall establish, within each place of employment, regulated areas wherever DBCP concentrations are in excess of the permissible exposure limit.
(a) The employer shall limit access to regulated areas to authorized persons.
(b) All employees entering or working in a regulated area shall wear respiratory protection in accordance with Table I.
(6) Exposure monitoring.
(a) General. Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to DBCP over an eight-hour period. (For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.)
(b) Initial. Each employer who has a place of employment in which DBCP is present shall monitor each workplace and work operation to accurately determine the airborne concentrations of DBCP to which employees may be exposed.
(c) Frequency.
(i) If the monitoring required by this section reveals employee exposures to be below the permissible exposure limits, the employer shall repeat these determinations at least quarterly.
(ii) If the monitoring required by this section reveals employee exposure to be in excess of the permissible exposure limits, the employer shall repeat these determinations for each such employee at least monthly. The employer shall continue these monthly determinations until at least two consecutive measurements, taken at least seven days apart, are below the permissible exposure limit, thereafter the employer shall monitor at least quarterly.
(d) Additional. Whenever there has been a production process, control or personnel change which may result in any new or additional exposure to DBCP, or whenever the employer has any other reason to suspect a change which may result in new or additional exposure to DBCP, additional monitoring which complies with subsection (6) shall be conducted.
(e) Employee notification.
(i) Within five working days after the receipt of monitoring results, the employer shall notify each employee in writing of results which represent the employee's exposure.
(ii) Whenever the results indicate that employee exposure exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action being taken to reduce exposure to or below the permissible exposure limits.
(f) Accuracy of measurement. The method of measurement shall be accurate, to a confidence level of 95 percent, to within plus or minus 25 percent for concentrations of DBCP at or above the permissible exposure limits.
(7) Methods of compliance.
(a) Priority of compliance methods. The employer shall institute engineering and work practice controls to reduce and maintain employee exposures to DBCP at or below the permissible exposure limit, except to the extent that the employer establishes that such controls are not feasible. Where feasible engineering and work practice controls are not sufficient to reduce employee exposures to within the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest level achievable by these controls, and shall supplement them by use of respiratory protection.
(b) Compliance program.
(i) The employer shall establish and implement a written program to reduce employee exposure to DBCP to or below the permissible exposure limit solely by means of engineering and work practice controls as required by this section.
(ii) The written program shall include a detailed schedule for development and implementation of the engineering and work practice controls. These plans shall be revised at least every six months to reflect the current status of the program.
(iii) Written plans for these compliance programs shall be submitted upon request to the director, and shall be available at the worksite for examination and copying by the director, and any affected employee or designated representative of employees.
(iv) The employer shall institute and maintain at least the controls described in his most recent written compliance program.
(8) Respiratory protection.
(a) General. For employees who are required to use respirators under this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(i) Period necessary to install or implement feasible engineering and work-practice controls;
(ii) Maintenance and repair activities for which engineering and work-practice controls are not feasible;
(iii) Work operations for which feasible engineering and work-practice controls are not yet sufficient to reduce employee exposure to or below the permissible exposure limit;
(iv) Emergencies.
(b) The employer must establish, implement, and maintain a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).
(c) Respirator selection. The employer must select the appropriate respirator from Table I of this subsection.
| Concentration Not Greater Than |
Respirator Type |
||
(a) |
10 ppb: |
(i) |
Any supplied-air respirator. |
| (ii) | Any self-contained breathing apparatus. | ||
| (b) | 50 ppb: | (i) | Any supplied-air respirator with full facepiece, helmet or hood. |
| (ii) | Any self-contained breathing apparatus with full facepiece. | ||
| (c) | 250 ppb: | (i) | A Type C supplied-air respirator operated in pressure-demand or other positive pressure or continuous flow mode. |
| (d) | 500 ppb: | (i) | A Type C supplied-air respirator with full facepiece operated in pressure-demand mode with full facepiece. |
| (e) | Greater than 500 ppb or entry into unknown concentrations: |
(i) | A combination respirator which includes a Type C supplied-air respirator with full facepiece operated in pressure-demand mode and an auxiliary self-contained breathing apparatus. |
| (ii) | A self-contained breathing apparatus with full facepiece operated in pressure-demand mode. | ||
| (f) | Firefighting: | (i) | A self-contained breathing apparatus with full facepiece operated in pressure-demand mode. |
(10) Emergency situations.
(a) Written plans.
(i) A written plan for emergency situations shall be developed for each workplace in which DBCP is present.
(ii) Appropriate portions of the plan shall be implemented in the event of an emergency.
(b) Employees engaged in correcting conditions shall be equipped as required in subsection (11) of this section until the emergency is abated.
(c) Evacuation. Employees not engaged in correcting the emergency shall be removed and restricted from the area and normal operations in the affected area shall not be resumed until the emergency is abated.
(d) Alerting employees. Where there is a possibility of employee exposure to DBCP due to the occurrence of an emergency, a general alarm shall be installed and maintained to promptly alert employees of such occurrences.
(e) Medical surveillance. For any employee exposed to DBCP in an emergency situation, the employer shall provide medical surveillance in accordance with subsection (14) of this section.
(f) Exposure monitoring.
(i) Following an emergency, the employer shall conduct monitoring which complies with subsection (6) of this section.
(ii) In workplaces not normally subject to periodic monitoring, the employer may terminate monitoring when two consecutive measurements indicate exposures below the permissible exposure limit.
(11) Protective clothing and equipment.
(a) Provision and use. Where eye or skin contact with
liquid or solid DBCP may occur, employers shall provide at no
cost to the employee, and assure that employees wear impermeable
protective clothing and equipment in accordance with WAC
((296-24-07501 and 296-24-07801)) 296-800-160 to protect the area
of the body which may come in contact with DBCP.
(b) Cleaning and replacement.
(i) The employer shall clean, launder, maintain, or replace protective clothing and equipment required by this subsection to maintain their effectiveness. In addition, the employer shall provide clean protective clothing and equipment at least daily to each affected employee.
(ii) Removal and storage.
(A) The employer shall assure that employees remove DBCP contaminated work clothing only in change rooms provided in accordance with subsection (13) of this section.
(B) The employer shall assure that employees promptly remove any protective clothing and equipment which becomes contaminated with DBCP-containing liquids and solids. This clothing shall not be reworn until the DBCP has been removed from the clothing or equipment.
(C) The employer shall assure that no employee takes DBCP contaminated protective devices and work clothing out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.
(iii) The employer shall assure that DBCP-contaminated protective work clothing and equipment is placed and stored in closed containers which prevent dispersion of DBCP outside the container.
(iv) The employer shall inform any person who launders or cleans DBCP-contaminated protective clothing or equipment of the potentially harmful effects of exposure to DBCP.
(v) The employer shall assure that the containers of contaminated protective clothing and equipment which are to be removed from the workplace for any reason are labeled in accordance with subsection (16)(c) of this section.
(vi) The employer shall prohibit the removal of DBCP from protective clothing and equipment by blowing or shaking.
(12) Housekeeping.
(a) Surfaces.
(i) All surfaces shall be maintained free of accumulations of DBCP.
(ii) Dry sweeping and the use of air for the cleaning of floors and other surfaces where DBCP dust or liquids are found is prohibited.
(iii) Where vacuuming methods are selected, either portable units or a permanent system may be used.
(A) If a portable unit is selected, the exhaust shall be attached to the general workplace exhaust ventilation system or collected within the vacuum unit, equipped with high efficiency filters or other appropriate means of contaminant removal, so that DBCP is not reintroduced into the workplace air; and
(B) Portable vacuum units used to collect DBCP may not be used for other cleaning purposes and shall be labeled as prescribed by subsection (16)(c) of this section.
(iv) Cleaning of floors and other contaminated surfaces may not be performed by washing down with a hose, unless a fine spray has first been laid down.
(b) Liquids. Where DBCP is present in a liquid form, or as a resultant vapor, all containers or vessels containing DBCP shall be enclosed to the maximum extent feasible and tightly covered when not in use.
(c) Waste disposal. DBCP waste, scrap, debris, bags, containers or equipment, shall be disposed in sealed bags or other closed containers which prevent dispersion of DBCP outside the container.
(13) Hygiene facilities and practices.
(a) Change rooms. The employer shall provide clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment whenever employees are required to wear protective clothing and equipment in accordance with subsections (8), (9) and (11) of this section.
(b) Showers.
(i) The employer shall assure that employees working in the regulated area shower at the end of the work shift.
(ii) The employer shall assure that employees whose skin becomes contaminated with DBCP-containing liquids or solids immediately wash or shower to remove any DBCP from the skin.
(iii) The employer shall provide shower facilities in accordance with WAC 296-24-12009 (3)(c).
(c) Lunchrooms. The employer shall provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in regulated areas.
(d) Lavatories.
(i) The employer shall assure that employees working in the regulated area remove protective clothing and wash their hands and face prior to eating.
(ii) The employer shall provide a sufficient number of
lavatory facilities which comply with WAC ((296-24-12009 (1) and
(2))) 296-800-230.
(e) Prohibition of activities in regulated areas. The employer shall assure that, in regulated areas, food or beverages are not present or consumed, smoking products and implements are not present or used, and cosmetics are not present or applied.
(14) Medical surveillance.
(a) General. The employer shall institute a program of medical surveillance for each employee who is or will be exposed, without regard to the use of respirators, to DBCP. The employer shall provide each such employee with an opportunity for medical examinations and tests in accordance with this subsection. All medical examinations and procedures shall be performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee.
(b) Frequency and content. At the time of initial assignment, annually thereafter, and whenever exposure to DBCP occurs, the employer shall provide a medical examination for employees who work in regulated areas, which includes at least the following:
(i) A complete medical and occupational history with emphasis on reproductive history.
(ii) A complete physical examination with emphasis on the genito-urinary tract, testicle size, and body habitus including the following tests:
(A) Sperm count;
(B) Complete urinalysis (U/A);
(C) Complete blood count; and
(D) Thyroid profile.
(iii) A serum specimen shall be obtained and the following determinations made by radioimmunoassay techniques utilizing National Institutes of Health (NIH) specific antigen or one of equivalent sensitivity:
(A) Serum multiphasic analysis (SMA 12);
(B) Serum follicle stimulating hormone (FSH);
(C) Serum luteinizing hormone (LH); and
(D) Serum estrogen (females).
(iv) Any other tests deemed appropriate by the examining physician.
(c) Additional examinations. If the employee for any reason develops signs or symptoms commonly associated with exposure to DBCP, the employer shall provide the employee with a medical examination which shall include those elements considered appropriate by the examining physician.
(d) Information provided to the physician. The employer shall provide the following information to the examining physician:
(i) A copy of this standard and its appendices;
(ii) A description of the affected employee's duties as they relate to the employee's exposure;
(iii) The level of DBCP to which the employee is exposed; and
(iv) A description of any personal protective equipment used or to be used.
(e) Physician's written opinion.
(i) For each examination under this section, the employer shall obtain and provide the employee with a written opinion from the examining physician which shall include:
(A) The results of the medical tests performed;
(B) The physician's opinion as to whether the employee has any detected medical condition which would place the employee at an increased risk of material impairment of health from exposure to DBCP;
(C) Any recommended limitations upon the employee's exposure to DBCP or upon the use of protective clothing and equipment such as respirators; and
(D) A statement that the employee was informed by the physician of the results of the medical examination, and any medical conditions which require further examination or treatment.
(ii) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to DBCP.
(iii) The employer shall provide a copy of the written opinion to the affected employee.
(f) Emergency situations. If the employee is exposed to DBCP in an emergency situation, the employer shall provide the employee with a sperm count test as soon as practicable, or, if the employee is unable to produce a semen specimen, the hormone tests contained in subsection (14)(b) of this section. The employer shall provide these same tests three months later.
(15) Employee information and training.
(a) Training program.
(i) Within thirty days of the effective date of this standard, the employer shall institute a training program for all employees who may be exposed to DBCP and shall assure their participation in such training program.
(ii) The employer shall assure that each employee is informed of the following:
(A) The information contained in Appendices A, B and C;
(B) The quantity, location, manner of use, release or storage of DBCP and the specific nature of operations which could result in exposure to DBCP as well as any necessary protective steps;
(C) The purpose, proper use, limitations, and other training requirements covering respiratory protection as required in chapter 296-62 WAC, Part E;
(D) The purpose and description of the medical surveillance program required by subsection (14) of this section; and
(E) A review of this standard.
(b) Access to training materials.
(i) The employer shall make a copy of this standard and its appendices readily available to all affected employees.
(ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.
(16) Signs and labels.
(a) General.
(i) The employer may use labels or signs required by other statutes, regulations, or ordinances in addition to or in combination with, signs and labels required by this subsection.
(ii) The employer shall assure that no statement appears on or near any sign or label required by this subsection which contradicts or detracts from the required sign or label.
(b) Signs.
(i) The employer shall post signs to clearly indicate all
work areas where DBCP may be present. These signs shall bear the
legend:
| DANGER |
| 1,2-Dibromo-3-chloropropane |
(Insert appropriate trade or common names) |
AUTHORIZED PERSONNEL ONLY
(i) The employer shall assure that precautionary labels are affixed to all containers of DBCP and of products containing DBCP, and that the labels remain affixed when the DBCP or products containing DBCP are sold, distributed, or otherwise leave the employer's workplace. Where DBCP or products containing DBCP are sold, distributed or otherwise leave the employer's workplace bearing appropriate labels required by EPA under the regulations in 40 CFR Part 162, the labels required by this subsection need not be affixed.
(ii) The employer shall assure that the precautionary labels
required by this subsection are readily visible and legible. The
labels shall bear the following legend:
1,2-Dibromo-3-chloropropane
CANCER HAZARD
(a) Exposure monitoring.
(i) The employer shall establish and maintain an accurate record of all monitoring required by subsection (6) of this section.
(ii) This record shall include:
(A) The dates, number, duration and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure;
(B) A description of the sampling and analytical methods used;
(C) Type of respiratory worn, if any; and
(D) Name, Social Security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent.
(iii) The employer shall maintain this record for at least forty years or the duration of employment plus twenty years, whichever is longer.
(b) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by subsection (14) of this section.
(ii) This record shall include:
(A) The name and Social Security number of the employee;
(B) A copy of the physician's written opinion;
(C) Any employee medical complaints related to exposure to DBCP;
(D) A copy of the information provided the physician as required by subsection (14)(c) of this section; and
(E) A copy of the employee's medical and work history.
(iii) The employer shall maintain this record for at least forty years or the duration of employment plus twenty years, whichever is longer.
(c) Availability.
(i) The employer shall assure that all records required to be maintained by this section be made available upon request to the director for examination and copying.
(ii) Employee exposure monitoring records and employee medical records required by this subsection shall be provided upon request to employees' designated representatives and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209; and 296-62-05213 through 296-62-05217.
(d) Transfer of records.
(i) If the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by this section for the prescribed period.
(ii) If the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall transmit these records by mail to the director.
(iii) At the expiration of the retention period for the records required to be maintained under this section, the employer shall transmit these records by mail to the director.
(iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.
(18) Observation of monitoring.
(a) Employee observation. The employer shall provide affected employees, or their designated representatives, an opportunity to observe any monitoring of employee exposure to DBCP conducted under subsection (6) of this section.
(b) Observation procedures.
(i) Whenever observation of the measuring or monitoring of employee exposure to DBCP requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, assure the use of such clothing and equipment, and require the observer to comply with all other applicable safety and health procedures.
(ii) Without interfering with the monitoring or measurement, observers shall be entitled to:
(A) Receive an explanation of the measurement procedures;
(B) Observe all steps related to the measurement of airborne concentrations of DBCP performed at the place of exposure; and
(C) Record the results obtained.
(19) Appendices. The information contained in the appendices is not intended, by itself, to create any additional obligations not otherwise imposed or to detract from any existing obligation.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07342, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 96-09-030, 296-62-07342, filed 4/10/96, effective 6/1/96; 88-11-021 (Order 88-04), 296-62-07342, filed 5/11/88.]
(2) Definitions.
(a) "Action level" - a concentration of inorganic arsenic of 5 micrograms per cubic meter of air (5 g/m3) averaged over any eight-hour period.
(b) "Authorized person" - any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under subsection (5) of this section.
(c) "Director" - the director of the department of labor and industries, or his/her designated representative.
(d) "Inorganic arsenic" - copper aceto-arsenite and all inorganic compounds containing arsenic except arsine, measured as arsenic (As).
(3) Permissible exposure limit. The employer shall assure that no employee is exposed to inorganic arsenic at concentrations greater than 10 micrograms per cubic meter of air (10 g/m3), averaged over any eight-hour period.
(4) Notification of use.
(a) Within sixty days after the introduction of inorganic arsenic into the workplace, every employer who is required to establish a regulated area in his/her workplaces shall report in writing to the department of labor and industries for each such workplace:
(i) The address of each such workplace;
(ii) The approximate number of employees who will be working in regulated areas; and
(iii) A brief summary of the operations creating the exposure and the actions which the employer intends to take to reduce exposures.
(b) Whenever there has been a significant change in the information required by subsection (4)(a) of this section, the employer shall report the changes in writing within sixty days to the department of labor and industries.
(5) Exposure monitoring.
(a) General.
(i) Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to inorganic arsenic over an eight-hour period.
(ii) For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.
(iii) The employer shall collect full shift (for at least seven continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.
(b) Initial monitoring. Each employer who has a workplace or work operation covered by this standard shall monitor each such workplace and work operation to accurately determine the airborne concentration of inorganic arsenic to which employees may be exposed.
(c) Frequency.
(i) If the initial monitoring reveals employee exposure to be below the action level the measurements need not be repeated except as otherwise provided in subsection (5)(d) of this section.
(ii) If the initial monitoring, required by this section, or subsequent monitoring reveals employee exposure to be above the permissible exposure limit, the employer shall repeat monitoring at least quarterly.
(iii) If the initial monitoring, required by this section, or subsequent monitoring reveals employee exposure to be above the action level and below the permissible exposure limit the employee shall repeat monitoring at least every six months.
(iv) The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the action level at which time the employer may discontinue monitoring for that employee until such time as any of the events in subsection (5)(d) of this section occur.
(d) Additional monitoring. Whenever there has been a production, process, control or personal change which may result in new or additional exposure to inorganic arsenic, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to inorganic arsenic, additional monitoring which complies with subsection (5) of this section shall be conducted.
(e) Employee notification.
(i) Within five working days after the receipt of monitoring results, the employer shall notify each employee in writing of the results which represent that employee's exposures.
(ii) Whenever the results indicate that the representative employee exposure exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken to reduce exposure to or below the permissible exposure limit.
(f) Accuracy of measurement.
(i) The employer shall use a method of monitoring and measurement which has an accuracy (with a confidence level of 95 percent) of not less than plus or minus 25 percent for concentrations of inorganic arsenic greater than or equal to 10 g/m3.
(ii) The employer shall use a method of monitoring and measurement which has an accuracy (with confidence level of 95 percent) of not less than plus or minus 35 percent for concentrations of inorganic arsenic greater than 5 g/m3 but less than 10 g/m3.
(6) Regulated area.
(a) Establishment. The employer shall establish regulated areas where worker exposures to inorganic arsenic, without regard to the use of respirators, are in excess of the permissible limit.
(b) Demarcation. Regulated areas shall be demarcated and segregated from the rest of the workplace in any manner that minimizes the number of persons who will be exposed to inorganic arsenic.
(c) Access. Access to regulated areas shall be limited to authorized persons or to persons otherwise authorized by the Act or regulations issued pursuant thereto to enter such areas.
(d) Provision of respirators. All persons entering a regulated area shall be supplied with a respirator, selected in accordance with subsection (8)(c) of this section.
(e) Prohibited activities. The employer shall assure that in regulated areas, food or beverages are not consumed, smoking products, chewing tobacco and gum are not used and cosmetics are not applied, except that these activities may be conducted in the lunchrooms, change rooms and showers required under subsection (12) of this section. Drinking water may be consumed in the regulated area.
(7) Methods of compliance.
(a) Controls.
(i) The employer shall institute engineering and work practice controls to reduce exposures to or below the permissible exposure limit, except to the extent that the employer can establish that such controls are not feasible.
(ii) Where engineering and work practice controls are not sufficient to reduce exposures to or below the permissible exposure limit, they shall nonetheless be used to reduce exposures to the lowest levels achievable by these controls and shall be supplemented by the use of respirators in accordance with subsection (8) of this section and other necessary personal protective equipment. Employee rotation is not required as a control strategy before respiratory protection is instituted.
(b) Compliance program.
(i) The employer shall establish and implement a written program to reduce exposures to or below the permissible exposure limit by means of engineering and work practice controls.
(ii) Written plans for these compliance programs shall include at least the following:
(A) A description of each operation in which inorganic arsenic is emitted; e.g., machinery used, material processed, controls in place, crew size, operating procedures and maintenance practices;
(B) Engineering plans and studies used to determine methods selected for controlling exposure to inorganic arsenic;
(C) A report of the technology considered in meeting the permissible exposure limit;
(D) Monitoring data;
(E) A detailed schedule for implementation of the engineering controls and work practices that cannot be implemented immediately and for the adaption and implementation of any additional engineering and work practices necessary to meet the permissible exposure limit;
(F) Whenever the employer will not achieve the permissible exposure limit with engineering controls and work practices, the employer shall include in the compliance plan an analysis of the effectiveness of the various controls, shall install engineering controls and institute work practices on the quickest schedule feasible, and shall include in the compliance plan and implement a program to minimize the discomfort and maximize the effectiveness of respirator use; and
(G) Other relevant information.
(iii) Written plans for such a program shall be submitted upon request to the director, and shall be available at the worksite for examination and copying by the director, any affected employee or authorized employee representatives.
(iv) The plans required by this subsection shall be revised and updated at least every six months to reflect the current status of the program.
(8) Respiratory protection.
(a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(i) Period necessary to install or implement feasible engineering or work-practice controls;
(ii) Work operations, such as maintenance and repair activities, in which the employer establishes that engineering and work-practice controls are not feasible;
(iii) Work operations for which engineering work-practice controls are not yet sufficient to reduce employee exposures to or below the permissible exposure limit;
(iv) Emergencies.
(b) Respirator program.
(i) The employer must establish, implement, and maintain a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).
(ii) If an employee exhibits breathing difficulty during fit testing or respirator use, they must be examined by a physician trained in pulmonary medicine to determine whether they can use a respirator while performing the required duty.
(c) Respirator selection.
(i) The employer must use Table I of this section to select the appropriate respirator or combination of respirators for inorganic arsenic compounds without significant vapor pressure, and Table II of this section to select the appropriate respirator or combination of respirators for inorganic arsenic compounds that have significant vapor pressure.
(ii) Where employee exposures exceed the permissible exposure limit for inorganic arsenic and also exceed the relevant limit for other gases (for example, sulfur dioxide), any air-purifying respirator provided to the employee as specified by this section must have a combination high-efficiency filter with an appropriate gas sorbent. (See footnote in Table I)
(iii) Employees required to use respirators may choose, and the employer must provide, a powered air-purifying respirator if it will provide proper protection. In addition, the employer must provide a combination dust and acid-gas respirator to employees who are exposed to gases over the relevant exposure limits.
TABLE I
RESPIRATORY PROTECTION FOR INORGANIC ARSENIC
PARTICULATE EXCEPT FOR THOSE WITH SIGNIFICANT VAPOR
PRESSURE
| Concentration of Inorganic Arsenic (as As) or Condition of Use |
|
Required Respirator |
|
| (i) Unknown or greater or lesser than 20,000 g/m3 (20 mg/m3) firefighting. |
(A) | Any full facepiece self-contained or breathing apparatus operated in positive pressure mode. | |
| (ii) Not greater than 20,000 g/m3 (20 mg/m3) |
(A) | Supplied air respirator with full facepiece, hood, or helmet or suit and operated in positive pressure mode. | |
| (iii) Not greater than 10,000 g/m3 (10 mg/m3) |
(A) | Powered air-purifying respirators in all inlet face coverings with high-efficiency filters.1 | |
| (B) | Half-mask supplied air respirators operated in positive pressure mode. | ||
| (iv) Not greater than 500 g/m3 | (A) | Full facepiece air-purifying respirator equipped with high-efficiency filter.1 | |
| (B) | Any full facepiece supplied air respirator. | ||
| (C) | Any full facepiece self-contained breathing apparatus. | ||
| (v) Not greater than 100 g/m3 | (A) | Half-mask air-purifying respirator equipped with high-efficiency filter.1 | |
| (B) | Any half-mask
supplied air
respirator. |
||
| 1High-efficiency filter-99.97 pct efficiency against 0.3 micrometer monodisperse diethyl-hexyl phthalate (DOP) particles. |
TABLE II
RESPIRATORY PROTECTION FOR INORGANIC ARSENICALS
(SUCH AS ARSENIC TRICHLORIDE2 AND ARSENIC PHOSPHIDE)
WITH SIGNIFICANT VAPOR PRESSURE
| Concentration of Inorganic Arsenic (as As) or Condition of Use |
Required Respirator |
||
| (i) Unknown or greater or lesser than 20,000 g/m3(20 mg/m3) or firefighting. |
(A) | Any full facepiece contained breathing apparatus operated in positive pressure mode. |
|
| (ii) Not greater than 20,000 g/m3(20 mg/m3) |
(A) | Supplied air respirator with full facepiece hood, or helmet or suit and operated in positive pressure mode. | |
| (iii) Not greater than 10,000 g/m3(10 mg/m3) |
(A) | Half-mask2 supplied air respirator operated in positive pressure mode. | |
| (iv) Not greater than 500 g/m3 | (A) | Front or back mounted gas mask equipped with high-efficiency filter1 and acid gas canister. | |
| (B) | Any full facepiece supplied air respirator. | ||
| (C) | Any full facepiece self-contained breathing apparatus. | ||
| (v) Not greater than 100 g/m3 | (A) | Half-mask2 air-purifying respirator equipped with high-efficiency filter1 and acid gas cartridge. | |
| (B) | Any half-mask
supplied air
respirator. |
||
| 1High efficiency filter-99.97 pct efficiency against 0.3 micrometer
monodisperse diethyl-hexyl phthalate (DOP) particles. |
|
| 2Half-mask respirators shall not be used for protection against arsenic trichloride, as it is rapidly absorbed through the skin. |
(10) Protective work clothing and equipment.
(a) Provision and use. Where the possibility of skin or eye irritation from inorganic arsenic exists, and for all workers working in regulated areas, the employer shall provide at no cost to the employee and assure that employees use appropriate and clean protective work clothing and equipment such as, but not limited to:
(i) Coveralls or similar full-body work clothing;
(ii) Gloves, and shoes or coverlets;
(iii) Face shields or vented goggles when necessary to
prevent eye irritation, which comply with the requirements of WAC
((296-24-07801 (1) - (6))) 296-800-160.
(iv) Impervious clothing for employees subject to exposure to arsenic trichloride.
(b) Cleaning and replacement.
(i) The employer shall provide the protective clothing required in subsection (10)(a) of this section in a freshly laundered and dry condition at least weekly, and daily if the employee works in areas where exposures are over 100 g/m3 of inorganic arsenic or in areas where more frequent washing is needed to prevent skin irritation.
(ii) The employer shall clean, launder, or dispose of protective clothing required by subsection (10)(a) of this section.
(iii) The employer shall repair or replace the protective clothing and equipment as needed to maintain their effectiveness.
(iv) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change rooms prescribed in subsection (13)(a) of this section.
(v) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change-room which prevents dispersion of inorganic arsenic outside the container.
(vi) The employer shall inform in writing any person who cleans or launders clothing required by this section, of the potentially harmful affects including the carcinogenic effects of exposure to inorganic arsenic.
(vii) The employer shall assure that the containers of contaminated protective clothing and equipment in the workplace or which are to be removed from the workplace are labeled as follows:
Caution: Clothing contaminated with inorganic arsenic; do
not remove dust by blowing or shaking. Dispose of inorganic
arsenic contaminated wash water in accordance with applicable
local, state, or federal regulations.
(viii) The employer shall prohibit the removal of inorganic
arsenic from protective clothing or equipment by blowing or
shaking.
(11) Housekeeping.
(a) Surfaces. All surfaces shall be maintained as free as practicable of accumulations of inorganic arsenic.
(b) Cleaning floors. Floors and other accessible surfaces contaminated with inorganic arsenic may not be cleaned by the use of compressed air, and shoveling and brushing may be used only where vacuuming or other relevant methods have been tried and found not to be effective.
(c) Vacuuming. Where vacuuming methods are selected, the vacuums shall be used and emptied in a manner to minimize the reentry of inorganic arsenic into the workplace.
(d) Housekeeping plan. A written housekeeping and maintenance plan shall be kept which shall list appropriate frequencies for carrying out housekeeping operations, and for cleaning and maintaining dust collection equipment. The plan shall be available for inspection by the director.
(e) Maintenance of equipment. Periodic cleaning of dust collection and ventilation equipment and checks of their effectiveness shall be carried out to maintain the effectiveness of the system and a notation kept of the last check of effectiveness and cleaning or maintenance.
(12) Reserved.
(13) Hygiene facilities and practices.
(a) Change rooms. The employer shall provide for employees working in regulated areas or subject to the possibility of skin or eye irritation from inorganic arsenic, clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment in accordance with WAC 296-24-12011.
(b) Showers.
(i) The employer shall assure that employees working in regulated areas or subject to the possibility of skin or eye irritation from inorganic arsenic shower at the end of the work shift.
(ii) The employer shall provide shower facilities in accordance with WAC 296-24-12009(3).
(c) Lunchrooms.
(i) The employer shall provide for employees working in regulated areas, lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in regulated areas.
(ii) The employer shall assure that employees working in the regulated area or subject to the possibility of skin or eye irritation from exposure to inorganic arsenic wash their hands and face prior to eating.
(d) Lavatories. The employer shall provide lavatory
facilities which comply with WAC ((296-24-12009 (1) and (2)))
296-800-230.
(e) Vacuuming clothes. The employer shall provide facilities for employees working in areas where exposure, without regard to the use of respirators, exceeds 100 g/m3 to vacuum their protective clothing and clean or change shoes worn in such areas before entering change rooms, lunchrooms or shower rooms required by subsection (10) of this section and shall assure that such employees use such facilities.
(f) Avoidance of skin irritation. The employer shall assure that no employee is exposed to skin or eye contact with arsenic trichloride, or to skin or eye contact with liquid or particulate inorganic arsenic which is likely to cause skin or eye irritation.
(14) Medical surveillance.
(a) General.
(i) Employees covered. The employer shall institute a medical surveillance program for the following employees:
(A) All employees who are or will be exposed above the action level, without regard to the use of respirators, at least thirty days per year; and
(B) All employees who have been exposed above the action level, without regard to respirator use, for thirty days or more per year for a total of ten years or more of combined employment with the employer or predecessor employers prior to or after the effective date of this standard. The determination of exposures prior to the effective date of this standard shall be based upon prior exposure records, comparison with the first measurements taken after the effective date of this standard, or comparison with records of exposures in areas with similar processes, extent of engineering controls utilized and materials used by that employer.
(ii) Examination by physician. The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee, without loss of pay and at a reasonable time and place.
(b) Initial examinations. For employees initially covered by the medical provisions of this section, or thereafter at the time of initial assignment to an area where the employee is likely to be exposed over the action level at least thirty days per year, the employer shall provide each affected employee an opportunity for a medical examination, including at least the following elements:
(i) A work history and a medical history which shall include a smoking history and the presence and degree of respiratory symptoms such as breathlessness, cough, sputum production and wheezing.
(ii) A medical examination which shall include at least the following:
(A) A 14" by 17" posterior-anterior chest x-ray and International Labor Office UICC/Cincinnati (ILO U/C) rating;
(B) A nasal and skin examination; and
(C) Other examinations which the physician believes appropriate because of the employees exposure to inorganic arsenic or because of required respirator use.
(c) Periodic examinations.
(i) The employer shall provide the examinations specified in subsection (14)(b)(i) and (ii)(A), (B) and (C) of this section at least annually for covered employees who are under forty-five years of age with fewer than ten years of exposure over the action level without regard to respirator use.
(ii) The employer shall provide the examinations specified in subsection (14)(b)(i) and (ii)(B) and (C) of this section at least semi-annually, and the x-ray requirements specified in subsection (14)(b)(ii)(A) of this section at least annually, for other covered employees.
(iii) Whenever a covered employee has not taken the examinations specified in subsection (14)(b)(i) and (ii)(B) and (C) of this section within six months preceding the termination of employment, the employer shall provide such examinations to the employee upon termination of employment.
(d) Additional examinations. If the employee for any reason develops signs or symptoms commonly associated with exposure to inorganic arsenic the employer shall provide an appropriate examination and emergency medical treatment.
(e) Information provided to the physician. The employer shall provide the following information to the examining physician:
(i) A copy of this standard and its appendices;
(ii) A description of the affected employee's duties as they relate to the employee's exposure;
(iii) The employee's representative exposure level or anticipated exposure level;
(iv) A description of any personal protective equipment used or to be used; and
(v) Information from previous medical examinations of the affected employee which is not readily available to the examining physician.
(f) Physician's written opinion.
(i) The employer shall obtain a written opinion from the examining physician which shall include:
(A) The results of the medical examination and tests performed;
(B) The physician's opinion as to whether the employee has any detected medical conditions which would place the employee at increased risk of material impairment of the employee's health from exposure to inorganic arsenic;
(C) Any recommended limitations upon the employee's exposure to inorganic arsenic or upon the use of protective clothing or equipment such as respirators; and
(D) A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further examination or treatment.
(ii) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure.
(iii) The employer shall provide a copy of the written opinion to the affected employee.
(15) Employee information and training.
(a) Training program.
(i) The employer shall institute a training program for all employees who are subject to exposure to inorganic arsenic above the action level without regard to respirator use, or for whom there is the possibility of skin or eye irritation from inorganic arsenic. The employer shall assure that those employees participate in the training program.
(ii) The training program shall be provided for employees covered by this provision, at the time of initial assignment for those subsequently covered by this provision, and shall be repeated at least quarterly for employees who have optional use of respirators and at least annually for other covered employees thereafter, and the employer shall assure that each employee is informed of the following:
(A) The information contained in Appendix A;
(B) The quantity, location, manner of use, storage, sources of exposure, and the specific nature of operations which could result in exposure to inorganic arsenic as well as any necessary protective steps;
(C) The purpose, proper use, and limitation of respirators;
(D) The purpose and a description of medical surveillance program as required by subsection (14) of this section;
(E) The engineering controls and work practices associated with the employee's job assignment; and
(F) A review of this standard.
(b) Access to training materials.
(i) The employer shall make readily available to all affected employees a copy of this standard and its appendices.
(ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.
(16) Signs and labels.
(a) General.
(i) The employer may use labels or signs required by other statutes, regulations, or ordinances in addition to, or in combination with, signs and labels required by this subsection.
(ii) The employer shall assure that no statement appears on or near any sign or label required by this subsection which contradicts or detracts from the meaning of the required sign or label.
(b) Signs.
(i) The employer shall post signs demarcating regulated areas bearing the legend:
| DANGER |
| INORGANIC ARSENIC |
| CANCER HAZARD |
| AUTHORIZED PERSONNEL ONLY |
| NO SMOKING OR EATING |
| RESPIRATOR REQUIRED |
(c) Labels. The employer shall apply precautionary labels to all shipping and storage containers of inorganic arsenic, and to all products containing inorganic arsenic except when the inorganic arsenic in the product is bound in such a manner so as to make unlikely the possibility of airborne exposure to inorganic arsenic. (Possible examples of products not requiring labels are semiconductors, light emitting diodes and glass.) The label shall bear the following legend:
| DANGER |
| CONTAINS INORGANIC ARSENIC |
| CANCER HAZARD |
| HARMFUL IF INHALED OR SWALLOWED |
USE ONLY WITH ADEQUATE VENTILATION OR RESPIRATORY PROTECTION |
(a) Exposure monitoring.
(i) The employer shall establish and maintain an accurate record of all monitoring required by subsection (5) of this section.
(ii) This record shall include:
(A) The date(s), number, duration location, and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure where applicable;
(B) A description of the sampling and analytical methods used and evidence of their accuracy;
(C) The purpose, proper use, limitations, and other training requirements covering respiratory protection as required in chapter 296-62 WAC, Part E;
(D) Name, Social Security number, and job classification of the employees monitored and of all other employees whose exposure the measurement is intended to represent; and
(E) The environmental variables that could affect the measurement of the employee's exposure.
(iii) The employer shall maintain these monitoring records for at least forty years or for the duration of employment plus twenty years, whichever is longer.
(b) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (14) of this section.
(ii) This record shall include:
(A) The name, Social Security number, and description of duties of the employee;
(B) A copy of the physician's written opinions;
(C) Results of any exposure monitoring done for that employee and the representative exposure levels supplied to the physician; and
(D) Any employee medical complaints related to exposure to inorganic arsenic.
(iii) The employer shall in addition keep, or assure that the examining physician keeps, the following medical records:
(A) A copy of the medical examination results including medical and work history required under subsection (14) of this section;
(B) A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information;
(C) The initial x-ray;
(D) The x-rays for the most recent five years; and
(E) Any x-rays with a demonstrated abnormality and all subsequent x-rays.
(iv) The employer shall maintain or assure that the physician maintains those medical records for at least forty years, or for the duration of employment, plus twenty years, whichever is longer.
(c) Availability.
(i) The employer shall make available upon request all records required to be maintained by subsection (17) of this section to the director for examination and copying.
(ii) Records required by this subsection shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217.
(iii) The employer shall make available upon request an employee's medical records and exposure records representative of that employee's exposure required to be maintained by subsection (17) of this section to the affected employee or former employee or to a physician designated by the affected employee or former employee.
(d) Transfer of records.
(i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by this section.
(ii) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to the director.
(iii) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the director at least three months prior to the disposal of such records and shall transmit those records to the director if he requests them within that period.
(iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.
(18) Observation of monitoring.
(a) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to inorganic arsenic conducted pursuant to subsection (5) of this section.
(b) Observation procedures.
(i) Whenever observation of the monitoring of employee exposure to inorganic arsenic requires entry into an area where the use of respirators, protective clothing, or equipment is required, the employer shall provide the observer with and assure the use of such respirators, clothing, and such equipment, and shall require the observer to comply with all other applicable safety and health procedures.
(ii) Without interfering with the monitoring, observers shall be entitled to;
(A) Receive an explanation of the measurement procedures;
(B) Observe all steps related to the monitoring of inorganic arsenic performed at the place of exposure; and
(C) Record the results obtained or receive copies of the results when returned by the laboratory.
(19) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-094, 296-62-07347, filed 8/17/99, effective 12/1/99; 99-10-071, 296-62-07347, filed 5/4/99, effective 9/1/99; 98-02-030, 296-62-07347, filed 12/31/97, effective 1/31/98. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-62-07347, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-62-07347, filed 8/27/81; 81-16-015 (Order 81-20), 296-62-07347, filed 7/27/81; 79-08-115 (Order 79-9), 296-62-07347, filed 7/31/79; 79-02-037 (Order 79-1), 296-62-07347, filed 1/23/79.]
(a) Periods necessary to install or implement feasible engineering and work-practice controls;
(b) Work operations, such as maintenance and repair activities, vessel cleaning, or other activities, for which engineering and work-practice controls are not feasible;
(c) Work operations for which feasible engineering and work-practice controls are not yet sufficient to reduce employee exposure to or below the TWA or excursion limit;
(d) Emergencies.
(2) Respirator program. The employer must establish, implement, and maintain a respiratory protection program as required in chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).
(3) Respirator selection. The employer must select the appropriate respirator from Table 1 of this section.
Table 1. -- Minimum Requirements for Respiratory Protection for Airborne EtO
Condition of use or concentration of airborne EtO (ppm) |
Minimum required respirator |
|
Equal to or less than 50 |
(a) |
Full facepiece respirator with EtO approved canister, front-or back-mounted. |
| Equal to or less than 2,000 | (a) | Positive-pressure supplied air respirator, equipped with full facepiece, hood or helmet, or |
| (b) | Continuous-flow supplied air respirator (positive pressure) equipped with hood, helmet or suit. | |
| Concentration above 2,000 or unknown concentration (such as in emergencies) | (a) | Positive-pressure self-contained breathing apparatus (SCBA), equipped with full facepiece, or |
| (b) | Positive-pressure full facepiece supplied air respirator equipped with an auxiliary positive-pressure self-contained breathing apparatus. | |
| Firefighting | (a) | Positive pressure self-contained breathing apparatus equipped with full facepiece. |
| Escape | (a) | Any respirator described above. |
| Note: | Respirators approved for use in higher concentrations are permitted to be used in lower concentrations. |
(4) Protective clothing and equipment. Where employees
could have eye or skin contact with EtO or EtO solutions, the
employer must select and provide, at no cost to the employee,
appropriate protective clothing or other equipment in accordance
with ((chapter 296-24 WAC, Part A-2)) WAC 296-800-160, and to
protect any area of the body that may come in contact with liquid
EtO or EtO in solution, and must ensure that the employee wears
the protective clothing and equipment provided.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07367, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-62-07367, filed 9/30/94, effective 11/20/94; 88-23-054 (Order 88-25), 296-62-07367, filed 11/14/88; 87-24-051 (Order 87-24), 296-62-07367, filed 11/30/87.]
(a) The employer shall post and maintain legible signs
demarcating regulated areas and entrances or accessways to
regulated areas that bear the following legend:
ETHYLENE OXIDE
CANCER HAZARD AND REPRODUCTIVE HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED
TO BE WORN IN THIS AREA
(i)
CONTAINS ETHYLENE OXIDE
CANCER HAZARD AND REPRODUCTIVE HAZARD; and
(c) The labeling requirements under WAC 296-62-07355 through 296-62-07389 do not apply where EtO is used as a pesticide, as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when it is labeled pursuant to that act and regulations issued under that act by the Environmental Protection Agency.
(2) Material safety data sheets. Employers who are manufacturers or importers of EtO shall comply with the requirements regarding development of material safety data sheets as specified in WAC 296-62-05413 of the hazard communication standard.
(3) Information and training.
(a) The employer shall provide employees who are potentially exposed to EtO at or above the action level or above the excursion limit with information and training on EtO at the time of initial assignment and at least annually thereafter.
(b) Employees shall be informed of the following:
(i) The requirements of WAC 296-62-07353 through 296-62-07389 with an explanation of its contents, including Appendices A and B;
(ii) Any operations in their work area where EtO is present;
(iii) The location and availability of the written EtO final rule; and
(iv) The medical surveillance program required by WAC 296-62-07371 with an explanation of the information in Appendix C.
(c) Employee training shall include at least:
(i) Methods and observations that may be used to detect the presence or release of EtO in the work area (such as monitoring conducted by the employer, continuous monitoring devices, etc.);
(ii) The physical and health hazards of EtO;
(iii) The measures employees can take to protect themselves from hazards associated with EtO exposure, including specific procedures the employer has implemented to protect employees from exposure to EtO, such as work practices, emergency procedures, and personal protective equipment to be used; and
(iv) The details of the hazard communication program developed by the employer, including an explanation of the labeling system and how employees can obtain and use the appropriate hazard information.
[Statutory Authority: Chapter 49.17 RCW. 88-23-054 (Order 88-25), 296-62-07373, filed 11/14/88; 87-24-051 (Order 87-24), 296-62-07373, filed 11/30/87.]
(a) Substance identification:
(i) Synonyms: Dihydrooxirene, dimethylene oxide, EO, 1,2-epoxyethane, EtO, ETO, oxacyclopropane, oxane, oxidoethane, alpha/beta-oxidoethane, oxiran, oxirane.
(ii) Formula: (C2H4O).
(iii) Molecular weight: 44.06.
(b) Physical data:
(i) Boiling point (760 mm Hg): 10.70C (51.3F);
(ii) Specific gravity (water= 1): 0.87 (at 20C or 68F);
(iii) Vapor density (air= 1): 1.49;
(iv) Vapor pressure (at 20C): 1,095 mm Hg;
(v) Solubility in water: Complete;
(vi) Appearance and odor: Colorless liquid; gas at temperature above 10.7F or 51.3C with ether-like odor above 700 ppm.
(2) Fire, explosion, and reactivity hazard data:
(a) Fire:
(i) Flash point; Less than 0F (open cup);
(ii) Stability: Decomposes violently at temperatures above 800F;
(iii) Flammable limits in air, percent by volume: Lower: 3, Upper: 100;
(iv) Extinguishing media: Carbon dioxide for small fires, polymer or alcohol foams for large fires;
(v) Special fire fighting procedures: Dilution of ethylene oxide with 23 volumes of water renders it nonflammable;
(vi) Unusual fire and explosion hazards: Vapors of EtO will burn without the presence of air or other oxidizers. EtO vapors are heavier than air and may travel along the ground and be ignited by open flames or sparks at locations remote from the site at which EtO is being used.
(vii) For purposes of compliance with the requirements of WAC 296-24-330, EtO is classified as a flammable gas. For example, 7,500 ppm, approximately one-fourth of the lower flammable limit, would be considered to pose a potential fire and explosion hazard.
(viii) For purposes of compliance with WAC 296-24-585, EtO is classified as a Class B fire hazard.
(ix) For purpose of compliance with chapter 296-24 WAC Part L, and WAC 296-800-280, locations classified as hazardous due to the presence of EtO shall be Class I.
(b) Reactivity:
(i) Conditions contributing to instability: EtO will polymerize violently if contaminated with aqueous alkalies, amines, mineral acids, metal chlorides, or metal oxides. Violent decomposition will also occur at temperatures above 800F;
(ii) Incompatibilities: Alkalines and acids;
(iii) Hazardous decomposition products: Carbon monoxide and carbon dioxide.
(3) Spill, leak, and disposal procedures:
(a) If EtO is spilled or leaked, the following steps should be taken:
(i) Remove all ignition sources.
(ii) The area should be evacuated at once and re-entered only after the area has been thoroughly ventilated and washed down with water.
(b) Persons not wearing appropriate protective equipment should be restricted from areas of spills or leaks until cleanup has been completed.
(c) Waste disposal method: Waste material should be disposed of in a manner that is not hazardous to employees or to the general population. In selecting the method of waste disposal, applicable local, state, and federal regulations should be consulted.
(4) Monitoring and measurement procedures:
(a) Exposure above the permissible exposure limit:
(i) Eight-hour exposure evaluation: Measurements taken for the purpose of determining employee exposure under this section are best taken with consecutive samples covering the full shift. Air samples should be taken in the employee's breathing zone (air that would most nearly represent that inhaled by the employee.)
(ii) Monitoring techniques: The sampling and analysis under this section may be performed by collection of the EtO vapor on charcoal adsorption tubes or other composition adsorption tubes, with subsequent chemical analysis. Sampling and analysis may also be performed by instruments such as real time continuous monitoring systems, portable direct reading instruments, or passive dosimeters as long as measurements taken using these methods accurately evaluate the concentration of EtO in employees' breathing zones.
(iii) Appendix D describes the validated method of sampling and analysis which has been tested by OSHA for use with EtO. Other available methods are also described in Appendix D. The employer has the obligation of selecting a monitoring method which meets the accuracy and precision requirements of the standard under his/her unique field conditions. The standard requires that the method of monitoring should be accurate, to a 95 percent confidence level, to plus or minus 25 percent for concentrations of EtO at 1 ppm, and to plus or minus 35 percent for concentrations at 0.5 ppm. In addition to the method described in Appendix D, there are numerous other methods available for monitoring for EtO in the workplace. Details on these other methods have been submitted by various companies to the rulemaking record, and are available at the OSHA Docket Office.
(b) Since many of the duties relating to employee exposure are dependent on the results of measurement procedures, employers should assure that the evaluation of employee exposures is performed by a technically qualified person.
(5) Protective clothing and equipment:
(a) Employees should be provided with and be required to wear appropriate protective clothing wherever there is significant potential for skin contact with liquid EtO or EtO-containing solutions. Protective clothing shall include impermeable coveralls or similar full-body work clothing, gloves, and head coverings, as appropriate to protect areas of the body which may come in contact with liquid EtO or EtO-containing solutions.
(b) Employers should ascertain that the protective garments are impermeable to EtO. Permeable clothing, including items made of rubber, and leather shoes should not be allowed to become contaminated with liquid EtO. If permeable clothing does become contaminated, it should be immediately removed, while the employer is under an emergency deluge shower. If leather footwear or other leather garments become wet from EtO they should be discarded and not be worn again, because leather absorbs EtO and holds it against the skin.
(c) Any protective clothing that has been damaged or is otherwise found to be defective should be repaired or replaced. Clean protective clothing should be provided to the employee as necessary to assure employee protection. Whenever impermeable clothing becomes wet with liquid EtO, it should be washed down with water before being removed by the employee. Employees are also required to wear splashproof safety goggles where there is any possibility of EtO contacting the eyes.
(6) Miscellaneous precautions:
(a) Store EtO in tightly closed containers in a cool, well-ventilated area and take all necessary precautions to avoid any explosion hazard.
(b) Nonsparking tools must be used to open and close metal containers. These containers must be effectively grounded and bonded.
(c) Do not incinerate EtO cartridges, tanks or other containers.
(d) Employers should advise employees of all areas and operations where exposure to EtO occurs.
(7) Common operations:
Common operations in which exposure to EtO is likely to occur include the following: (a) Manufacture of EtO, (b) surfactants, (c) ethanolamines, (d) glycol ethers, (e) specialty chemicals, and (f) use as a sterilant in the hospital, health product and spice industries.
[Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-62-07385, filed 11/22/91, effective 12/24/91; 88-14-108 (Order 88-11), 296-62-07385, filed 7/6/88; 87-24-051 (Order 87-24), 296-62-07385, filed 11/30/87.]
(a) Coveralls or similar full-body work clothing;
(b) Gloves, head coverings, and boots or foot coverings; and
(c) Face shields, vented goggles, or other appropriate
protective equipment that complies with ((chapter 296-24 WAC,
Part A-2)) WAC 296-800-160.
(2) Removal and storage.
(a) The employer shall assure that employees remove all protective clothing and equipment contaminated with cadmium at the completion of the work shift and do so only in change rooms provided in accordance with WAC 296-62-07419(1).
(b) The employer shall assure that no employee takes cadmium-contaminated protective clothing or equipment from the workplace, except for employees authorized to do so for purposes of laundering, cleaning, maintaining, or disposing of cadmium contaminated protective clothing and equipment at an appropriate location or facility away from the workplace.
(c) The employer shall assure that contaminated protective clothing and equipment, when removed for laundering, cleaning, maintenance, or disposal, is placed and stored in sealed, impermeable bags or other closed, impermeable containers that are designed to prevent dispersion of cadmium dust.
(d) The employer shall assure that bags or containers of contaminated protective clothing and equipment that are to be taken out of the change rooms or the workplace for laundering, cleaning, maintenance, or disposal shall bear labels in accordance with WAC 296-62-07425(3).
(3) Cleaning, replacement, and disposal.
(a) The employer shall provide the protective clothing and equipment required by subsection (1) of this section in a clean and dry condition as often as necessary to maintain its effectiveness, but in any event at least weekly. The employer is responsible for cleaning and laundering the protective clothing and equipment required by this paragraph to maintain its effectiveness and is also responsible for disposing of such clothing and equipment.
(b) The employer also is responsible for repairing or replacing required protective clothing and equipment as needed to maintain its effectiveness. When rips or tears are detected while an employee is working they shall be immediately mended, or the worksuit shall be immediately replaced.
(c) The employer shall prohibit the removal of cadmium from protective clothing and equipment by blowing, shaking, or any other means that disperses cadmium into the air.
(d) The employer shall assure that any laundering of contaminated clothing or cleaning of contaminated equipment in the workplace is done in a manner that prevents the release of airborne cadmium in excess of the permissible exposure limit prescribed in WAC 296-62-07405.
(e) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with cadmium of the potentially harmful effects of exposure to cadmium and that the clothing and equipment should be laundered or cleaned in a manner to effectively prevent the release of airborne cadmium in excess of the PEL.
[Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-62-07417, filed 9/30/94, effective 11/20/94; 93-21-075 (Order 93-06), 296-62-07417, filed 10/20/93, effective 12/1/93; 93-07-044 (Order 93-01), 296-62-07417, filed 3/13/93, effective 4/27/93.]
(2) Change rooms. The employer shall assure that change rooms are equipped with separate storage facilities for street clothes and for protective clothing and equipment, which are designed to prevent dispersion of cadmium and contamination of the employee's street clothes.
(3) Showers and handwashing facilities.
(a) The employer shall assure that employees who are exposed to cadmium above the PEL shower during the end of the work shift.
(b) The employer shall assure that employees whose airborne exposure to cadmium is above the PEL wash their hands and faces prior to eating, drinking, smoking, chewing tobacco or gum, or applying cosmetics.
(4) Lunchroom facilities.
(a) The employer shall assure that the lunchroom facilities are readily accessible to employees, that tables for eating are maintained free of cadmium, and that no employee in a lunchroom facility is exposed at any time to cadmium at or above a concentration of 2.5 g/m3.
(b) The employer shall assure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface cadmium has been removed from the clothing and equipment by HEPA vacuuming or some other method that removes cadmium dust without dispersing it.
[Statutory Authority: Chapter 49.17 RCW. 93-07-044 (Order 93-01), 296-62-07419, filed 3/13/93, effective 4/27/93.]
(2) Warning signs.
(a) Warning signs shall be provided and displayed in regulated areas. In addition, warning signs shall be posted at all approaches to regulated areas so that an employee may read the signs and take necessary protective steps before entering the area.
(b) Warning signs required by (a) of this subsection shall
bear the following information:
AND KIDNEY DISEASE AUTHORIZED PERSONNEL ONLY
RESPIRATORS REQUIRED IN THIS AREA
(3) Warning labels.
(a) Shipping and storage containers containing cadmium, cadmium compounds, or cadmium contaminated clothing, equipment, waste, scrap, or debris shall bear appropriate warning labels, as specified in (b) of this subsection.
(b) The warning labels shall include at least the following
information:
CREATING DUST CAN CAUSE LUNG AND KIDNEY DISEASE
(4) Employee information and training.
(a) The employer shall institute a training program for all employees who are potentially exposed to cadmium, assure employee participation in the program, and maintain a record of the contents of such program.
(b) Training shall be provided prior to or at the time of initial assignment to a job involving potential exposure to cadmium and at least annually thereafter.
(c) The employer shall make the training program understandable to the employee and shall assure that each employee is informed of the following:
(i) The health hazards associated with cadmium exposure, with special attention to the information incorporated in WAC 296-62-07441, Appendix A;
(ii) The quantity, location, manner of use, release, and storage of cadmium in the workplace and the specific nature of operations that could result in exposure to cadmium, especially exposures above the PEL;
(iii) The engineering controls and work practices associated with the employee's job assignment;
(iv) The measures employees can take to protect themselves from exposure to cadmium, including modification of such habits as smoking and personal hygiene, and specific procedures the employer has implemented to protect employees from exposure to cadmium such as appropriate work practices, emergency procedures, and the provision of personal protective equipment;
(v) The purpose, proper selection, fitting, proper use, and limitations of protective clothing;
(vi) The purpose and a description of the medical surveillance program required by WAC 296-62-07423;
(vii) The contents of this section and its appendices;
(viii) The employee's rights of access to records under WAC 296-62-05213 and 296-800-170; and
(ix) The purpose, proper use, limitations, and other training requirements for respiratory protection as required in chapter 296-62 WAC, Part E.
(d) Additional access to information and training program and materials.
(i) The employer shall make a copy of this section and its appendices readily available without cost to all affected employees and shall provide a copy if requested.
(ii) The employer shall provide to the director, upon request, all materials relating to the employee information and the training program.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07425, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 93-21-075 (Order 93-06), 296-62-07425, filed 10/20/93, effective 12/1/93; 93-07-044 (Order 93-01), 296-62-07425, filed 3/13/93, effective 4/27/93.]
(a) This section applies to all occupational exposures to 1,3-Butadiene (BD), Chemical Abstracts Service Registry No. 106-99-0, except as provided in (b) of this subsection.
(b)(i) Except for the recordkeeping provisions in subsection (13)(a) of this section, this section does not apply to the processing, use, or handling of products containing BD or to other work operations and streams in which BD is present where objective data are reasonably relied upon that demonstrate the work operation or the product or the group of products or operations to which it belongs may not reasonably be foreseen to release BD in airborne concentrations at or above the action level or in excess of the STEL under the expected conditions of processing, use, or handling that will cause the greatest possible release or in any plausible accident.
(ii) This section also does not apply to work operations, products or streams where the only exposure to BD is from liquid mixtures containing 0.1% or less of BD by volume or the vapors released from such liquids, unless objective data become available that show that airborne concentrations generated by such mixtures can exceed the action level or STEL under reasonably predictable conditions of processing, use or handling that will cause the greatest possible release.
(iii) Except for labeling requirements and requirements for emergency response, this section does not apply to the storage, transportation, distribution or sale of BD or liquid mixtures in intact containers or in transportation pipelines sealed in such a manner as to fully contain BD vapors or liquids.
(c) Where products or processes containing BD are exempted under (b) of this subsection, the employer shall maintain records of the objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in subsection (13)(a) of this section.
(2) Definitions: For the purpose of this section, the following definitions shall apply:
"Action level" means a concentration of airborne BD of 0.5 ppm calculated as an 8-hour time-weighted average.
"Director" means the director of the department of labor and industries, or authorized representatives.
"Authorized person" means any person specifically designated by the employer, whose duties require entrance into a regulated area, or a person entering such an area as a designated representative of employees to exercise the right to observe monitoring and measuring procedures under subsection (4)(h) of this section, or a person designated under the WISH Act or regulations issued under the WISH Act to enter a regulated area.
"1,3-Butadiene" means an organic compound with chemical formula CH(2)=CH-CH=CH(2) that has a molecular weight of approximately 54.15 gm/mole.
"Business day" means any Monday through Friday, except those days designated as federal, state, local or company specific holidays.
"Complete blood count (CBC)" means laboratory tests performed on whole blood specimens and includes the following: White blood cell count (WBC), hematocrit (Hct), red blood cell count (RBC), hemoglobin (Hgb), differential count of white blood cells, red blood cell morphology, red blood cell indices, and platelet count.
"Day" means any part of a calendar day.
"Emergency situation" means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment that may or does result in an uncontrolled significant release of BD.
"Employee exposure" means exposure of a worker to airborne concentrations of BD which would occur if the employee were not using respiratory protective equipment.
"Objective data" means monitoring data, or mathematical modelling or calculations based on composition, chemical and physical properties of a material, stream or product.
"Permissible exposure limits (PELs)" means either the 8-hour time-weighted average (8-hr TWA) exposure or the short-term exposure limit (STEL).
"Physician or other licensed health care professional" is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide one or more of the specific health care services required by (k) of this subsection.
"Regulated area" means any area where airborne concentrations of BD exceed or can reasonably be expected to exceed the 8-hour time-weighted average (8-hr TWA) exposure of 1 ppm or the short-term exposure limit (STEL) of 5 ppm for 15 minutes.
"This section" means this 1,3-butadiene standard.
(3) Permissible exposure limits (PELs).
(a) Time-weighted average (TWA) limit. The employer shall ensure that no employee is exposed to an airborne concentration of BD in excess of one part BD per million parts of air (ppm) measured as an eight (8)-hour time-weighted average.
(b) Short-term exposure limit (STEL). The employer shall ensure that no employee is exposed to an airborne concentration of BD in excess of five parts of BD per million parts of air (5 ppm) as determined over a sampling period of fifteen minutes.
(4) Exposure monitoring.
(a) General.
(i) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour TWA and 15-minute short-term exposures of each employee.
(ii) Representative 8-hour TWA employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for each shift and for each job classification in each work area.
(iii) Representative 15-minute short-term employee exposures shall be determined on the basis of one or more samples representing 15-minute exposures associated with operations that are most likely to produce exposures above the STEL for each shift and for each job classification in each work area.
(iv) Except for the initial monitoring required under (b) of this subsection, where the employer can document that exposure levels are equivalent for similar operations on different work shifts, the employer need only determine representative employee exposure for that operation from the shift during which the highest exposure is expected.
(b) Initial monitoring.
(i) Each employer who has a workplace or work operation covered by this section, shall perform initial monitoring to determine accurately the airborne concentrations of BD to which employees may be exposed, or shall rely on objective data pursuant to subsection (1)(b)(i) of this section to fulfill this requirement.
(ii) Where the employer has monitored within two years prior to the effective date of this section and the monitoring satisfies all other requirements of this section, the employer may rely on such earlier monitoring results to satisfy the requirements of (b)(i) of this subsection, provided that the conditions under which the initial monitoring was conducted have not changed in a manner that may result in new or additional exposures.
(c) Periodic monitoring and its frequency.
(i) If the initial monitoring required by (b) of this subsection reveals employee exposure to be at or above the action level but at or below both the 8-hour TWA limit and the STEL, the employer shall repeat the representative monitoring required by (a) of this subsection every twelve months.
(ii) If the initial monitoring required by (b) of this subsection reveals employee exposure to be above the 8-hour TWA limit, the employer shall repeat the representative monitoring required by (a)(ii) of this subsection at least every three months until the employer has collected two samples per quarter (each at least 7 days apart) within a two-year period, after which such monitoring must occur at least every six months.
(iii) If the initial monitoring required by (b) of this subsection reveals employee exposure to be above the STEL, the employer shall repeat the representative monitoring required by (a)(iii) of this subsection at least every three months until the employer has collected two samples per quarter (each at least 7 days apart) within a two-year period, after which such monitoring must occur at least every six months.
(iv) The employer may alter the monitoring schedule from every six months to annually for any required representative monitoring for which two consecutive measurements taken at least 7 days apart indicate that employee exposure has decreased to or below the 8-hour TWA, but is at or above the action level.
(d) Termination of monitoring.
(i) If the initial monitoring required by (b) of this subsection reveals employee exposure to be below the action level and at or below the STEL, the employer may discontinue the monitoring for employees whose exposures are represented by the initial monitoring.
(ii) If the periodic monitoring required by (c) of this subsection reveals that employee exposures, as indicated by at least two consecutive measurements taken at least 7 days apart, are below the action level and at or below the STEL, the employer may discontinue the monitoring for those employees who are represented by such monitoring.
(e) Additional monitoring.
(i) The employer shall institute the exposure monitoring required under subsection (4) of this section whenever there has been a change in the production, process, control equipment, personnel or work practices that may result in new or additional exposures to BD or when the employer has any reason to suspect that a change may result in new or additional exposures.
(ii) Whenever spills, leaks, ruptures or other breakdowns occur that may lead to employee exposure above the 8-hr TWA limit or above the STEL, the employer shall monitor (using leak source, such as direct reading instruments, area or personal monitoring), after the cleanup of the spill or repair of the leak, rupture or other breakdown, to ensure that exposures have returned to the level that existed prior to the incident.
(f) Accuracy of monitoring.
Monitoring shall be accurate, at a confidence level of 95 percent, to within plus or minus 25 percent for airborne concentrations of BD at or above the 1 ppm TWA limit and to within plus or minus 35 percent for airborne concentrations of BD at or above the action level of 0.5 ppm and below the 1 ppm TWA limit.
(g) Employee notification of monitoring results.
(i) The employer shall, within 5 business days after the receipt of the results of any monitoring performed under this section, notify the affected employees of these results in writing either individually or by posting of results in an appropriate location that is accessible to affected employees.
(ii) The employer shall, within 15 business days after receipt of any monitoring performed under this section indicating the 8-hour TWA or STEL has been exceeded, provide the affected employees, in writing, with information on the corrective action being taken by the employer to reduce employee exposure to or below the 8-hour TWA or STEL and the schedule for completion of this action.
(h) Observation of monitoring.
(i) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to BD conducted in accordance with this section.
(ii) Observation procedures. When observation of the monitoring of employee exposure to BD requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer at no cost with protective clothing and equipment, and shall ensure that the observer uses this equipment and complies with all other applicable safety and health procedures.
(5) Regulated areas.
(a) The employer shall establish a regulated area wherever occupational exposures to airborne concentrations of BD exceed or can reasonably be expected to exceed the permissible exposure limits, either the 8-hr TWA or the STEL.
(b) Access to regulated areas shall be limited to authorized persons.
(c) Regulated areas shall be demarcated from the rest of the workplace in any manner that minimizes the number of employees exposed to BD within the regulated area.
(d) An employer at a multiemployer worksite who establishes a regulated area shall communicate the access restrictions and locations of these areas to other employers with work operations at that worksite whose employees may have access to these areas.
(6) Methods of compliance.
(a) Engineering controls and work practices.
(i) The employer shall institute engineering controls and work practices to reduce and maintain employee exposure to or below the PELs, except to the extent that the employer can establish that these controls are not feasible or where subsection (8)(a)(i) of this section applies.
(ii) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the 8-hour TWA or STEL, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (8) of this section.
(b) Compliance plan.
(i) Where any exposures are over the PELs, the employer shall establish and implement a written plan to reduce employee exposure to or below the PELs primarily by means of engineering and work practice controls, as required by (a) of this subsection, and by the use of respiratory protection where required or permitted under this section. No compliance plan is required if all exposures are under the PELs.
(ii) The written compliance plan shall include a schedule for the development and implementation of the engineering controls and work practice controls including periodic leak detection surveys.
(iii) Copies of the compliance plan required in (b) of this subsection shall be furnished upon request for examination and copying to the director, affected employees and designated employee representatives. Such plans shall be reviewed at least every 12 months, and shall be updated as necessary to reflect significant changes in the status of the employer's compliance program.
(iv) The employer shall not implement a schedule of employee rotation as a means of compliance with the PELs.
(7) Exposure goal program.
(a) For those operations and job classifications where employee exposures are greater than the action level, in addition to compliance with the PELs, the employer shall have an exposure goal program that is intended to limit employee exposures to below the action level during normal operations.
(b) Written plans for the exposure goal program shall be furnished upon request for examination and copying to the director, affected employees and designated employee representatives.
(c) Such plans shall be updated as necessary to reflect significant changes in the status of the exposure goal program.
(d) Respirator use is not required in the exposure goal program.
(e) The exposure goal program shall include the following items unless the employer can demonstrate that the item is not feasible, will have no significant effect in reducing employee exposures, or is not necessary to achieve exposures below the action level:
(i) A leak prevention, detection, and repair program.
(ii) A program for maintaining the effectiveness of local exhaust ventilation systems.
(iii) The use of pump exposure control technology such as, but not limited to, mechanical double-sealed or seal-less pumps.
(iv) Gauging devices designed to limit employee exposure, such as magnetic gauges on rail cars.
(v) Unloading devices designed to limit employee exposure, such as a vapor return system.
(vi) A program to maintain BD concentration below the action level in control rooms by use of engineering controls.
(8) Respiratory protection.
(a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls;
(ii) Nonroutine work operations that are performed infrequently and for which exposures are limited in duration;
(iii) Work operations for which feasible engineering controls and work-practice controls are not yet sufficient to reduce employee exposures to or below the PELs;
(iv) Emergencies.
(b) Respirator program.
(i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1), 296-62-07131 (4)(b)(i) and (ii), and 296-62-07150 through 296-62-07156).
(ii) If air-purifying respirators are used, the employer must replace the air-purifying filter elements according to the replacement schedule set for the class of respirators listed in Table 1 of this section, and at the beginning of each work shift.
(iii) Instead of using the replacement schedule listed in Table 1 of this section, the employer may replace cartridges or canisters at 90% of their expiration service life, provided the employer:
(A) Demonstrates that employees will be adequately protected by this procedure;
(B) Uses BD breakthrough data for this purpose that have been derived from tests conducted under worst-case conditions of humidity, temperature, and air-flow rate through the filter element, and the employer also describes the data supporting the cartridge- or canister-change schedule, as well as the basis for using the data in the employer's respirator program.
(iv) A label must be attached to each filter element to indicate the date and time it is first installed on the respirator.
(v) If NIOSH approves an end-of-service-life indicator (ESLI) for an air-purifying filter element, the element may be used until the ESLI shows no further useful service life or until the element is replaced at the beginning of the next work shift, whichever occurs first.
(vi) Regardless of the air-purifying element used, if an employee detects the odor of BD, the employer must replace the air-purifying element immediately.
(c) Respirator selection.
(i) The employer must select appropriate respirators from Table 1 of this section.
Table 1. - Minimum Requirements for Respiratory Protection for Airborne BD
| Concentration of Airborne BD (ppm) or condition of use | Minimum required respirator |
| Less than or equal to 5 ppm (5 times PEL) | (a) Air-purifying half mask or full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 4 hours. |
| Less than or equal to 10 ppm (10 times PEL) | (a) Air-purifying half mask or full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 3 hours. |
| Less than or equal to 25 ppm (25 times PEL) | (a) Air-purifying full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 2 hours. |
| (b) Any powered air-purifying respirator equipped with approved BD or organic vapor cartridges. PAPR cartridges shall be replaced every 2 hours. | |
| (c) Continuous flow supplied air respirator equipped with a hood or helmet. | |
| Less than or equal to 50 ppm (50 times PEL) | (a) Air-purifying full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 1 hour. |
| (b) Powered air purifying respirator equipped with a tight-fitting facepiece and an approved BD or organic vapor cartridges. PAPR cartridges shall be replaced every 1 hour. | |
| Less than or equal to 1,000 ppm (1,000 times PEL) | (a) Supplied air respirator equipped with a half mask or full facepiece and operated in a pressure demand or other positive pressure mode. |
| Greater than 1,000 ppm | (a) Self-contained breathing unknown concentration, or apparatus equipped with a fire fighting full facepiece and operated in a pressure demand or other positive pressure mode. |
| (b) Any supplied air respirator equipped with a full facepiece and operated in a pressure demand or other positive pressure mode in combination with an auxiliary self-contained breathing apparatus operated in a pressure demand or other positive pressure mode. | |
| Escape from IDLH Conditions | (a) Any positive pressure self-contained breathing apparatus with an appropriate service life. |
| (b) Any air-purifying full facepiece respirator equipped with a front or back mounted BD or organic vapor canister. |
| Notes: | Respirators approved for use in higher concentrations are permitted to be used in lower concentrations. Full facepiece is
required when eye irritation is anticipated. |
(iii) When an employee whose job requires the use of a respirator cannot use a negative-pressure respirator, the employer must provide the employee with a respirator that has less breathing resistance than the negative-pressure respirator, such as a powered air-purifying respirator or supplied-air respirator, when the employee is able to use it and if it provides the employee adequate protection.
(9) Protective clothing and equipment. Where appropriate to
prevent eye contact and limit dermal exposure to BD, the employer
shall provide protective clothing and equipment at no cost to the
employee and shall ensure its use. Eye and face protection shall
meet the requirements of WAC ((296-24-078)) 296-800-160.
(10) Emergency situations. Written plan. A written plan for emergency situations shall be developed, or an existing plan shall be modified, to contain the applicable elements specified in WAC 296-24-567, Employee emergency plans and fire prevention plans, and in WAC 296-62-3112, hazardous waste operations and emergency responses, for each workplace where there is a possibility of an emergency.
(11) Medical screening and surveillance.
(a) Employees covered. The employer shall institute a medical screening and surveillance program as specified in this subsection for:
(i) Each employee with exposure to BD at concentrations at or above the action level on 30 or more days or for employees who have or may have exposure to BD at or above the PELs on 10 or more days a year;
(ii) Employers (including successor owners) shall continue to provide medical screening and surveillance for employees, even after transfer to a non-BD exposed job and regardless of when the employee is transferred, whose work histories suggest exposure to BD:
(A) At or above the PELs on 30 or more days a year for 10 or more years;
(B) At or above the action level on 60 or more days a year for 10 or more years; or
(C) Above 10 ppm on 30 or more days in any past year; and
(iii) Each employee exposed to BD following an emergency situation.
(b) Program administration.
(i) The employer shall ensure that the health questionnaire, physical examination and medical procedures are provided without cost to the employee, without loss of pay, and at a reasonable time and place.
(ii) Physical examinations, health questionnaires, and medical procedures shall be performed or administered by a physician or other licensed health care professional.
(iii) Laboratory tests shall be conducted by an accredited laboratory.
(c) Frequency of medical screening activities. The employer shall make medical screening available on the following schedule:
(i) For each employee covered under (a)(i) and (ii) of this subsection, a health questionnaire and complete blood count (CBC) with differential and platelet count every year, and a physical examination as specified below:
(A) An initial physical examination that meets the requirements of this rule, if twelve months or more have elapsed since the last physical examination conducted as part of a medical screening program for BD exposure;
(B) Before assumption of duties by the employee in a job with BD exposure;
(C) Every 3 years after the initial physical examination;
(D) At the discretion of the physician or other licensed health care professional reviewing the annual health questionnaire and CBC;
(E) At the time of employee reassignment to an area where exposure to BD is below the action level, if the employee's past exposure history does not meet the criteria of (a)(ii) of this subsection for continued coverage in the screening and surveillance program, and if twelve months or more have elapsed since the last physical examination; and
(F) At termination of employment if twelve months or more have elapsed since the last physical examination.
(ii) Following an emergency situation, medical screening shall be conducted as quickly as possible, but not later than 48 hours after the exposure.
(iii) For each employee who must wear a respirator, physical ability to perform the work and use the respirator must be determined as required by WAC 296-62-071.
(d) Content of medical screening.
(i) Medical screening for employees covered by (a)(i) and (ii) of this subsection shall include:
(A) A baseline health questionnaire that includes a comprehensive occupational and health history and is updated annually. Particular emphasis shall be placed on the hematopoietic and reticuloendothelial systems, including exposure to chemicals, in addition to BD, that may have an adverse effect on these systems, the presence of signs and symptoms that might be related to disorders of these systems, and any other information determined by the examining physician or other licensed health care professional to be necessary to evaluate whether the employee is at increased risk of material impairment of health from BD exposure. Health questionnaires shall consist of the sample forms in Appendix C to this section, or be equivalent to those samples;
(B) A complete physical examination, with special emphasis on the liver, spleen, lymph nodes, and skin;
(C) A CBC; and
(D) Any other test which the examining physician or other licensed health care professional deems necessary to evaluate whether the employee may be at increased risk from exposure to BD.
(ii) Medical screening for employees exposed to BD in an emergency situation shall focus on the acute effects of BD exposure and at a minimum include: A CBC within 48 hours of the exposure and then monthly for three months; and a physical examination if the employee reports irritation of the eyes, nose, throat, lungs, or skin, blurred vision, coughing, drowsiness, nausea, or headache. Continued employee participation in the medical screening and surveillance program, beyond these minimum requirements, shall be at the discretion of the physician or other licensed health care professional.
(e) Additional medical evaluations and referrals.
(i) Where the results of medical screening indicate abnormalities of the hematopoietic or reticuloendothelial systems, for which a nonoccupational cause is not readily apparent, the examining physician or other licensed health care professional shall refer the employee to an appropriate specialist for further evaluation and shall make available to the specialist the results of the medical screening.
(ii) The specialist to whom the employee is referred under this subsection shall determine the appropriate content for the medical evaluation, e.g., examinations, diagnostic tests and procedures, etc.
(f) Information provided to the physician or other licensed health care professional. The employer shall provide the following information to the examining physician or other licensed health care professional involved in the evaluation:
(i) A copy of this section including its appendices;
(ii) A description of the affected employee's duties as they relate to the employee's BD exposure;
(iii) The employee's actual or representative BD exposure level during employment tenure, including exposure incurred in an emergency situation;
(iv) A description of pertinent personal protective equipment used or to be used; and
(v) Information, when available, from previous employment-related medical evaluations of the affected employee which is not otherwise available to the physician or other licensed health care professional or the specialist.
(g) The written medical opinion.
(i) For each medical evaluation required by this section, the employer shall ensure that the physician or other licensed health care professional produces a written opinion and provides a copy to the employer and the employee within 15 business days of the evaluation. The written opinion shall be limited to the following information:
(A) The occupationally pertinent results of the medical evaluation;
(B) A medical opinion concerning whether the employee has any detected medical conditions which would place the employee's health at increased risk of material impairment from exposure to BD;
(C) Any recommended limitations upon the employee's exposure to BD; and
(D) A statement that the employee has been informed of the results of the medical evaluation and any medical conditions resulting from BD exposure that require further explanation or treatment.
(ii) The written medical opinion provided to the employer shall not reveal specific records, findings, and diagnoses that have no bearing on the employee's ability to work with BD.
| Note: | This provision does not negate the ethical obligation of the physician or other licensed health care professional to transmit any other adverse findings directly to the employee. |
(i) The employer shall ensure that information obtained from the medical screening program activities is aggregated (with all personal identifiers removed) and periodically reviewed, to ascertain whether the health of the employee population of that employer is adversely affected by exposure to BD.
(ii) Information learned from medical surveillance activities must be disseminated to covered employees, as defined in (a) of this subsection, in a manner that ensures the confidentiality of individual medical information.
(12) Communication of BD hazards to employees.
(a) Hazard communication. The employer shall communicate
the hazards associated with BD exposure in accordance with the
requirements of the chemical hazard communication standard, WAC
((296-62-054)) 296-800-170.
(b) Employee information and training.
(i) The employer shall provide all employees exposed to BD
with information and training in accordance with the requirements
of the chemical hazard communication standard, WAC ((296-62-054))
296-800-170.
(ii) The employer shall institute a training program for all employees who are potentially exposed to BD at or above the action level or the STEL, ensure employee participation in the program and maintain a record of the contents of such program.
(iii) Training shall be provided prior to or at the time of initial assignment to a job potentially involving exposure to BD at or above the action level or STEL and at least annually thereafter.
(iv) The training program shall be conducted in a manner that the employee is able to understand. The employer shall ensure that each employee exposed to BD over the action level or STEL is informed of the following:
(A) The health hazards associated with BD exposure, and the purpose and a description of the medical screening and surveillance program required by this section;
(B) The quantity, location, manner of use, release, and storage of BD and the specific operations that could result in exposure to BD, especially exposures above the PEL or STEL;
(C) The engineering controls and work practices associated with the employee's job assignment, and emergency procedures and personal protective equipment;
(D) The measures employees can take to protect themselves from exposure to BD;
(E) The contents of this standard and its appendices; and
(F) The right of each employee exposed to BD at or above the action level or STEL to obtain:
(I) Medical examinations as required by subsection (10) of this section at no cost to the employee;
(II) The employee's medical records required to be maintained by subsection (13)(c) of this section; and
(III) All air monitoring results representing the employee's exposure to BD and required to be kept by subsection (13)(b) of this section.
(c) Access to information and training materials.
(i) The employer shall make a copy of this standard and its appendices readily available without cost to all affected employees and their designated representatives and shall provide a copy if requested.
(ii) The employer shall provide to the director, or the designated employee representatives, upon request, all materials relating to the employee information and the training program.
(13) Recordkeeping.
(a) Objective data for exemption from initial monitoring.
(i) Where the processing, use, or handling of products or streams made from or containing BD are exempted from other requirements of this section under subsection (1)(b) of this section, or where objective data have been relied on in lieu of initial monitoring under subsection (4)(b)(ii) of this section, the employer shall establish and maintain a record of the objective data reasonably relied upon in support of the exemption.
(ii) This record shall include at least the following information:
(A) The product or activity qualifying for exemption;
(B) The source of the objective data;
(C) The testing protocol, results of testing, and analysis of the material for the release of BD;
(D) A description of the operation exempted and how the data support the exemption; and
(E) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.
(iii) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(b) Exposure measurements.
(i) The employer shall establish and maintain an accurate record of all measurements taken to monitor employee exposure to BD as prescribed in subsection (4) of this section.
(ii) The record shall include at least the following information:
(A) The date of measurement;
(B) The operation involving exposure to BD which is being monitored;
(C) Sampling and analytical methods used and evidence of their accuracy;
(D) Number, duration, and results of samples taken;
(E) Type of protective devices worn, if any;
(F) Name, Social Security number and exposure of the employees whose exposures are represented; and
(G) The written corrective action and the schedule for completion of this action required by subsection (4)(g)(ii) of this section.
(iii) The employer shall maintain this record for at least 30 years in accordance with WAC 296-62-052.
(c) Medical screening and surveillance.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical screening and surveillance under this section.
(ii) The record shall include at least the following information:
(A) The name and Social Security number of the employee;
(B) Physician's or other licensed health care professional's written opinions as described in subsection (11) (e) of this section;
(C) A copy of the information provided to the physician or other licensed health care professional as required by subsection (11)(e) of this section.
(iii) Medical screening and surveillance records shall be maintained for each employee for the duration of employment plus 30 years, in accordance with WAC 296-62-052.
(d) Availability.
(i) The employer, upon written request, shall make all records required to be maintained by this section available for examination and copying to the director.
(ii) Access to records required to be maintained by (a) and (b) of this subsection shall be granted in accordance with WAC 296-62-05209.
(e) Transfer of records.
(i) Whenever the employer ceases to do business, the employer shall transfer records required by this section to the successor employer. The successor employer shall receive and maintain these records. If there is no successor employer, the employer shall notify the director, at least three months prior to disposal, and transmit them to the director if requested by the director within that period.
(ii) The employer shall transfer medical and exposure records as set forth in WAC 296-62-05215.
(14) Dates.
(a) Effective date. This section shall become effective (day, month), 1997.
(b) Start-up dates.
(i) The initial monitoring required under subsection (4)(b) of this section shall be completed immediately or within sixty days of the introduction of BD into the workplace.
(ii) The requirements of subsections (3) through (13) of this section, including feasible work practice controls but not including engineering controls specified in subsection (6)(a) of this section, shall be complied with immediately.
(iii) Engineering controls specified by subsection (6)(a) of this section shall be implemented by February 4, 1999, and the exposure goal program specified in subsection (7) of this section shall be implemented by February 4, 2000.
(15) Appendices.
Appendices A, B, C, D, and F to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
Appendix A. Substance Safety Data Sheet For 1,3-Butadiene
(Non-Mandatory)
(1) Substance Identification.
(a) Substance: 1,3-Butadiene (CH(2)=CH-CH=CH(2)).
(b) Synonyms: 1,3-Butadiene (BD); butadiene; biethylene; bi-vinyl; divinyl; butadiene-1,3; buta-1,3-diene; erythrene; NCI-C50602; CAS-106-99-0.
(c) BD can be found as a gas or liquid.
(d) BD is used in production of styrene-butadiene rubber and polybutadiene rubber for the tire industry. Other uses include copolymer latexes for carpet backing and paper coating, as well as resins and polymers for pipes and automobile and appliance parts. It is also used as an intermediate in the production of such chemicals as fungicides.
(e) Appearance and odor: BD is a colorless, non-corrosive, flammable gas with a mild aromatic odor at standard ambient temperature and pressure.
(f) Permissible exposure: Exposure may not exceed 1 part BD per million parts of air averaged over the 8-hour workday, nor may short-term exposure exceed 5 parts of BD per million parts of air averaged over any 15-minute period in the 8-hour workday.
(2) Health Hazard Data.
(a) BD can affect the body if the gas is inhaled or if the liquid form, which is very cold (cryogenic), comes in contact with the eyes or skin.
(b) Effects of overexposure: Breathing very high levels of BD for a short time can cause central nervous system effects, blurred vision, nausea, fatigue, headache, decreased blood pressure and pulse rate, and unconsciousness. There are no recorded cases of accidental exposures at high levels that have caused death in humans, but this could occur. Breathing lower levels of BD may cause irritation of the eyes, nose, and throat. Skin contact with liquefied BD can cause irritation and frostbite.
(c) Long-term (chronic) exposure: BD has been found to be a potent carcinogen in rodents, inducing neoplastic lesions at multiple target sites in mice and rats. A recent study of BD-exposed workers showed that exposed workers have an increased risk of developing leukemia. The risk of leukemia increases with increased exposure to BD. OSHA has concluded that there is strong evidence that workplace exposure to BD poses an increased risk of death from cancers of the lymphohematopoietic system.
(d) Reporting signs and symptoms: You should inform your supervisor if you develop any of these signs or symptoms and suspect that they are caused by exposure to BD.
(3) Emergency First Aid Procedures.
In the event of an emergency, follow the emergency plan and procedures designated for your work area. If you have been trained in first aid procedures, provide the necessary first aid measures. If necessary, call for additional assistance from co-workers and emergency medical personnel.
(a) Eye and Skin Exposures: If there is a potential that liquefied BD can come in contact with eye or skin, face shields and skin protective equipment must be provided and used. If liquefied BD comes in contact with the eye, immediately flush the eyes with large amounts of water, occasionally lifting the lower and the upper lids. Flush repeatedly. Get medical attention immediately. Contact lenses should not be worn when working with this chemical. In the event of skin contact, which can cause frostbite, remove any contaminated clothing and flush the affected area repeatedly with large amounts of tepid water.
(b) Breathing: If a person breathes in large amounts of BD, move the exposed person to fresh air at once. If breathing has stopped, begin cardiopulmonary resuscitation (CPR) if you have been trained in this procedure. Keep the affected person warm and at rest. Get medical attention immediately.
(c) Rescue: Move the affected person from the hazardous exposure. If the exposed person has been overcome, call for help and begin emergency rescue procedures. Use extreme caution so that you do not become a casualty. Understand the plant's emergency rescue procedures and know the locations of rescue equipment before the need arises.
(4) Respirators and Protective Clothing.
(a) Respirators: Good industrial hygiene practices recommend that engineering and work practice controls be used to reduce environmental concentrations to the permissible exposure level. However, there are some exceptions where respirators may be used to control exposure. Respirators may be used when engineering and work practice controls are not technically feasible, when such controls are in the process of being installed, or when these controls fail and need to be supplemented or during brief, non-routine, intermittent exposure. Respirators may also be used in situations involving non-routine work operations which are performed infrequently and in which exposures are limited in duration, and in emergency situations. In some instances cartridge respirator use is allowed, but only with strict time constraints. For example, at exposure below 5 ppm BD, a cartridge (or canister) respirator, either full or half face, may be used, but the cartridge must be replaced at least every 4 hours, and it must be replaced every 3 hours when the exposure is between 5 and 10 ppm.
If the use of respirators is necessary, the only respirators permitted are those that have been approved by the National Institute for Occupational Safety and Health (NIOSH). In addition to respirator selection, a complete respiratory protection program must be instituted which includes regular training, maintenance, fit testing, inspection, cleaning, and evaluation of respirators. If you can smell BD while wearing a respirator, proceed immediately to fresh air, and change cartridge (or canister) before re-entering an area where there is BD exposure. If you experience difficulty in breathing while wearing a respirator, tell your supervisor.
(b) Protective Clothing: Employees should be provided with and required to use impervious clothing, gloves, face shields (eight-inch minimum), and other appropriate protective clothing necessary to prevent the skin from becoming frozen by contact with liquefied BD (or a vessel containing liquid BD).
Employees should be provided with and required to use splash-proof safety goggles where liquefied BD may contact the eyes.
(5) Precautions for Safe Use, Handling, and Storage.
(a) Fire and Explosion Hazards: BD is a flammable gas and can easily form explosive mixtures in air. It has a lower explosive limit of 2%, and an upper explosive limit of 11.5%. It has an autoignition temperature of 420 deg. C (788 deg. F). Its vapor is heavier than air (vapor density, 1.9) and may travel a considerable distance to a source of ignition and flash back. Usually it contains inhibitors to prevent self-polymerization (which is accompanied by evolution of heat) and to prevent formation of explosive peroxides. At elevated temperatures, such as in fire conditions, polymerization may take place. If the polymerization takes place in a container, there is a possibility of violent rupture of the container.
(b) Hazard: Slightly toxic. Slight respiratory irritant. Direct contact of liquefied BD on skin may cause freeze burns and frostbite.
(c) Storage: Protect against physical damage to BD containers. Outside or detached storage of BD containers is preferred. Inside storage should be in a cool, dry, well-ventilated, noncombustible location, away from all possible sources of ignition. Store cylinders vertically and do not stack. Do not store with oxidizing material.
(d) Usual Shipping Containers: Liquefied BD is contained in steel pressure apparatus.
(e) Electrical Equipment: Electrical installations in Class I hazardous locations, as defined in Article 500 of the National Electrical Code, should be in accordance with Article 501 of the Code. If explosion-proof electrical equipment is necessary, it shall be suitable for use in Group B. Group D equipment may be used if such equipment is isolated in accordance with Section 501-5(a) by sealing all conduit 1/2-inch size or larger. See Venting of Deflagrations (NFPA No. 68, 1994), National Electrical Code (NFPA No. 70, 1996), Static Electricity (NFPA No. 77, 1993), Lightning Protection Systems (NFPA No. 780, 1995), and Fire Hazard Properties of Flammable Liquids, Gases and Volatile Solids (NFPA No. 325, 1994).
(f) Fire Fighting: Stop flow of gas. Use water to keep fire-exposed containers cool. Fire extinguishers and quick drenching facilities must be readily available, and you should know where they are and how to operate them.
(g) Spill and Leak: Persons not wearing protective equipment and clothing should be restricted from areas of spills or leaks until clean-up has been completed. If BD is spilled or leaked, the following steps should be taken:
(i) Eliminate all ignition sources.
(ii) Ventilate area of spill or leak.
(iii) If in liquid form, for small quantities, allow to evaporate in a safe manner.
(iv) Stop or control the leak if this can be done without risk. If source of leak is a cylinder and the leak cannot be stopped in place, remove the leaking cylinder to a safe place and repair the leak or allow the cylinder to empty.
(h) Disposal: This substance, when discarded or disposed of, is a hazardous waste according to Federal regulations (40 CFR part 261). It is listed as hazardous waste number D001 due to its ignitability. The transportation, storage, treatment, and disposal of this waste material must be conducted in compliance with 40 CFR parts 262, 263, 264, 268 and 270. Disposal can occur only in properly permitted facilities. Check state and local regulation of any additional requirements as these may be more restrictive than federal laws and regulation.
(i) You should not keep food, beverages, or smoking materials in areas where there is BD exposure, nor should you eat or drink in such areas.
(j) Ask your supervisor where BD is used in your work area and ask for any additional plant safety and health rules.
(6) Medical Requirements.
Your employer is required to offer you the opportunity to participate in a medical screening and surveillance program if you are exposed to BD at concentrations exceeding the action level (0.5 ppm BD as an 8-hour TWA) on 30 days or more a year, or at or above the 8-hr TWA (1 ppm) or STEL (5 ppm for 15 minutes) on 10 days or more a year. Exposure for any part of a day counts. If you have had exposure to BD in the past, but have been transferred to another job, you may still be eligible to participate in the medical screening and surveillance program.
The WISHA rule specifies the past exposures that would qualify you for participation in the program. These past exposure are work histories that suggest the following:
(a) That you have been exposed at or above the PELs on 30 days a year for 10 or more years;
(b) That you have been exposed at or above the action level on 60 days a year for 10 or more years; or
(c) That you have been exposed above 10 ppm on 30 days in any past year.
Additionally, if you are exposed to BD in an emergency situation, you are eligible for a medical examination within 48 hours. The basic medical screening program includes a health questionnaire, physical examination, and blood test. These medical evaluations must be offered to you at a reasonable time and place, and without cost or loss of pay.
(7) Observation of Monitoring.
Your employer is required to perform measurements that are representative of your exposure to BD and you or your designated representative are entitled to observe the monitoring procedure. You are entitled to observe the steps taken in the measurement procedure, and to record the results obtained. When the monitoring procedure is taking place in an area where respirators or personal protective clothing and equipment are required to be worn, you or your representative must also be provided with, and must wear, the protective clothing and equipment.
(8) Access to Information.
(a) Each year, your employer is required to inform you of the information contained in this appendix. In addition, your employer must instruct you in the proper work practices for using BD, emergency procedures, and the correct use of protective equipment.
(b) Your employer is required to determine whether you are being exposed to BD. You or your representative has the right to observe employee measurements and to record the results obtained. Your employer is required to inform you of your exposure. If your employer determines that you are being overexposed, he or she is required to inform you of the actions which are being taken to reduce your exposure to within permissible exposure limits and of the schedule to implement these actions.
(c) Your employer is required to keep records of your exposures and medical examinations. These records must be kept by the employer for at least thirty (30) years.
(d) Your employer is required to release your exposure and medical records to you or your representative upon your request.
Appendix B. Substance Technical Guidelines for
1,3-Butadiene (Non-Mandatory)
(1) Physical and Chemical Data.
(a) Substance identification:
(i) Synonyms: 1,3-Butadiene (BD); butadiene; biethylene; bivinyl; divinyl; butadiene-1,3; buta-1,3-diene; erythrene; NCI-C50620; CAS-106-99-0.
(ii) Formula: (CH(2)=CH-CH=CH(2)).
(iii) Molecular weight: 54.1.
(b) Physical data:
(i) Boiling point (760 mm Hg): -4.7 deg. C (23.5 deg. F).
(ii) Specific gravity (water=1):0.62 at 20 deg. C (68 deg. F).
(iii) Vapor density (air=1 at boiling point of BD): 1.87.
(iv) Vapor pressure at 20 deg. C (68 deg. F): 910 mm Hg.
(v) Solubility in water, g/100 g water at 20 deg. C (68 deg. F): 0.05.
(vi) Appearance and odor: Colorless, flammable gas with a mildly aromatic odor. Liquefied BD is a colorless liquid with a mildly aromatic odor.
(2) Fire, Explosion, and Reactivity Hazard Data.
(a) Fire:
(i) Flash point: -76 deg. C (-105 deg. F) for take out; liquefied BD; Not applicable to BD gas.
(ii) Stability: A stabilizer is added to the monomer to inhibit formation of polymer during storage. Forms explosive peroxides in air in absence of inhibitor.
(iii) Flammable limits in air, percent by volume: Lower: 2.0; Upper: 11.5.
(iv) Extinguishing media: Carbon dioxide for small fires, polymer or alcohol foams for large fires.
(v) Special fire fighting procedures: Fight fire from protected location or maximum possible distance. Stop flow of gas before extinguishing fire. Use water spray to keep fire-exposed cylinders cool.
(vi) Unusual fire and explosion hazards: BD vapors are heavier than air and may travel to a source of ignition and flash back. Closed containers may rupture violently when heated.
(vii) For purposes of compliance with the requirements of WAC 296-24-330, BD is classified as a flammable gas. For example, 7,500 ppm, approximately one-fourth of the lower flammable limit, would be considered to pose a potential fire and explosion hazard.
(viii) For purposes of compliance with WAC 296-24-585, BD is classified as a Class B fire hazard.
(ix) For purposes of compliance with WAC 296-24-956 and 296-800-280, locations classified as hazardous due to the presence of BD shall be Class I.
(b) Reactivity:
(i) Conditions contributing to instability: Heat. Peroxides are formed when inhibitor concentration is not maintained at proper level. At elevated temperatures, such as in fire conditions, polymerization may take place.
(ii) Incompatibilities: Contact with strong oxidizing agents may cause fires and explosions. The contacting of crude BD (not BD monomer) with copper and copper alloys may cause formations of explosive copper compounds.
(iii) Hazardous decomposition products: Toxic gases (such as carbon monoxide) may be released in a fire involving BD.
(iv) Special precautions: BD will attack some forms of plastics, rubber, and coatings. BD in storage should be checked for proper inhibitor content, for self-polymerization, and for formation of peroxides when in contact with air and iron. Piping carrying BD may become plugged by formation of rubbery polymer.
(c) Warning Properties:
(i) Odor Threshold: An odor threshold of 0.45 ppm has been reported in The American Industrial Hygiene Association (AIHA) Report, Odor Thresholds for Chemicals with Established Occupational Health Standards. (Ex. 32-28C).
(ii) Eye Irritation Level: Workers exposed to vapors of BD (concentration or purity unspecified) have complained of irritation of eyes, nasal passages, throat, and lungs. Dogs and rabbits exposed experimentally to as much as 6700 ppm for 7 1/2 hours a day for 8 months have developed no histologically demonstrable abnormality of the eyes.
(iii) Evaluation of Warning Properties: Since the mean odor threshold is about half of the 1 ppm PEL, and more than 10-fold below the 5 ppm STEL, most wearers of air purifying respirators should still be able to detect breakthrough before a significant overexposure to BD occurs.
(3) Spill, Leak, and Disposal Procedures.
(a) Persons not wearing protective equipment and clothing should be restricted from areas of spills or leaks until cleanup has been completed. If BD is spilled or leaked, the following steps should be taken:
(i) Eliminate all ignition sources.
(ii) Ventilate areas of spill or leak.
(iii) If in liquid form, for small quantities, allow to evaporate in a safe manner.
(iv) Stop or control the leak if this can be done without risk. If source of leak is a cylinder and the leak cannot be stopped in place, remove the leaking cylinder to a safe place and repair the leak or allow the cylinder to empty.
(b) Disposal: This substance, when discarded or disposed of, is a hazardous waste according to Federal regulations (40 CFR part 261). It is listed by the EPA as hazardous waste number D001 due to its ignitability. The transportation, storage, treatment, and disposal of this waste material must be conducted in compliance with 40 CFR parts 262, 263, 264, 268 and 270. Disposal can occur only in properly permitted facilities. Check state and local regulations for any additional requirements because these may be more restrictive than federal laws and regulations.
(4) Monitoring and Measurement Procedures.
(a) Exposure above the Permissible Exposure Limit (8-hr TWA) or Short-Term Exposure Limit (STEL):
(i) 8-hr TWA exposure evaluation: Measurements taken for the purpose of determining employee exposure under this standard are best taken with consecutive samples covering the full shift. Air samples must be taken in the employee's breathing zone (air that would most nearly represent that inhaled by the employee).
(ii) STEL exposure evaluation: Measurements must represent 15 minute exposures associated with operations most likely to exceed the STEL in each job and on each shift.
(iii) Monitoring frequencies: Table 1 gives various
exposure scenarios and their required monitoring frequencies, as
required by the final standard for occupational exposure to
butadiene.
Table 1. -- Five Exposure Scenarios and Their Associated
Monitoring Frequencies
| Action Level | 8-hr TWA | STEL | Required Monitoring Activity |
| __* | __ | __ | No 8-hr TWA or STEL monitoring required. |
| +* | __ | __ | No STEL monitoring required. Monitor 8-hr TWA annually. |
| + | __ | __ | No STEL monitoring required. Periodic monitoring 8-hr TWA, in accordance with (4)(c)(iii).** |
| + | + | + | Periodic monitoring 8-hr TWA, in accordance with (4)(c)(iii)**. Periodic monitoring STEL in accordance with (4)(c)(iii). |
| + | __ | + | Periodic monitoring STEL, in accordance with (4)(c)(iii). Monitor 8-hr TWA annually. |
| Footnote (*) | Exposure Scenario, Limit Exceeded: += Yes, - = No. |
| Footnote (**) | The employer may decrease the frequency of exposure monitoring to annually when at least 2 consecutive measurements taken
at least 7 days apart show exposures to be below the 8-hr TWA, but at or above the action level. |
(5) Personal Protective Equipment.
(a) Employees should be provided with and required to use impervious clothing, gloves, face shields (eight-inch minimum), and other appropriate protective clothing necessary to prevent the skin from becoming frozen from contact with liquid BD.
(b) Any clothing which becomes wet with liquid BD should be removed immediately and not re-worn until the butadiene has evaporated.
(c) Employees should be provided with and required to use splash proof safety goggles where liquid BD may contact the eyes.
(6) Housekeeping and Hygiene Facilities.
For purposes of complying with WAC 296-24-120 (((Part B-1
Sanitation))), 296-800-220 and 296-800-230, the following items
should be emphasized:
(a) The workplace should be kept clean, orderly, and in a sanitary condition.
(b) Adequate washing facilities with hot and cold water are to be provided and maintained in a sanitary condition.
(7) Additional Precautions.
(a) Store BD in tightly closed containers in a cool, well-ventilated area and take all necessary precautions to avoid any explosion hazard.
(b) Nonsparking tools must be used to open and close metal containers. These containers must be effectively grounded.
(c) Do not incinerate BD cartridges, tanks or other containers.
(d) Employers must advise employees of all areas and operations where exposure to BD might occur.
Appendix C. Medical Screening and Surveillance for
1,3-Butadiene (Nonmandatory)
(1) Basis for Medical Screening and Surveillance Requirements.
(a) Route of Entry Inhalation.
(b) Toxicology.
Inhalation of BD has been linked to an increased risk of cancer, damage to the reproductive organs, and fetotoxicity. Butadiene can be converted via oxidation to epoxybutene and diepoxybutane, two genotoxic metabolites that may play a role in the expression of BD's toxic effects. BD has been tested for carcinogenicity in mice and rats. Both species responded to BD exposure by developing cancer at multiple primary organ sites. Early deaths in mice were caused by malignant lymphomas, primarily lymphocytic type, originating in the thymus.
Mice exposed to BD have developed ovarian or testicular atrophy. Sperm head morphology tests also revealed abnormal sperm in mice exposed to BD; lethal mutations were found in a dominant lethal test. In light of these results in animals, the possibility that BD may adversely affect the reproductive systems of male and female workers must be considered.
Additionally, anemia has been observed in animals exposed to butadiene. In some cases, this anemia appeared to be a primary response to exposure; in other cases, it may have been secondary to a neoplastic response.
(c) Epidemiology.
Epidemiologic evidence demonstrates that BD exposure poses an increased risk of leukemia. Mild alterations of hematologic parameters have also been observed in synthetic rubber workers exposed to BD.
(2) Potential Adverse Health Effects.
(a) Acute.
Skin contact with liquid BD causes characteristic burns or frostbite. BD in gaseous form can irritate the eyes, nasal passages, throat, and lungs. Blurred vision, coughing, and drowsiness may also occur. Effects are mild at 2,000 ppm and pronounced at 8,000 ppm for exposures occurring over the full workshift.
At very high concentrations in air, BD is an anesthetic, causing narcosis, respiratory paralysis, unconsciousness, and death. Such concentrations are unlikely, however, except in an extreme emergency because BD poses an explosion hazard at these levels.
(b) Chronic.
The principal adverse health effects of concern are BD-induced lymphoma, leukemia and potential reproductive toxicity. Anemia and other changes in the peripheral blood cells may be indicators of excessive exposure to BD.
(c) Reproductive.
Workers may be concerned about the possibility that their BD exposure may be affecting their ability to procreate a healthy child. For workers with high exposures to BD, especially those who have experienced difficulties in conceiving, miscarriages, or stillbirths, appropriate medical and laboratory evaluation of fertility may be necessary to determine if BD is having any adverse effect on the reproductive system or on the health of the fetus.
(3) Medical Screening Components At-A-Glance.
(a) Health Questionnaire.
The most important goal of the health questionnaire is to elicit information from the worker regarding potential signs or symptoms generally related to leukemia or other blood abnormalities. Therefore, physicians or other licensed health care professionals should be aware of the presenting symptoms and signs of lymphohematopoietic disorders and cancers, as well as the procedures necessary to confirm or exclude such diagnoses. Additionally, the health questionnaire will assist with the identification of workers at greatest risk of developing leukemia or adverse reproductive effects from their exposures to BD.
Workers with a history of reproductive difficulties or a personal or family history of immune deficiency syndromes, blood dyscrasias, lymphoma, or leukemia, and those who are or have been exposed to medicinal drugs or chemicals known to affect the hematopoietic or lymphatic systems may be at higher risk from their exposure to BD. After the initial administration, the health questionnaire must be updated annually.
(b) Complete Blood Count (CBC).
The medical screening and surveillance program requires an annual CBC, with differential and platelet count, to be provided for each employee with BD exposure. This test is to be performed on a blood sample obtained by phlebotomy of the venous system or, if technically feasible, from a fingerstick sample of capillary blood. The sample is to be analyzed by an accredited laboratory.
Abnormalities in a CBC may be due to a number of different etiologies. The concern for workers exposed to BD includes, but is not limited to, timely identification of lymphohematopoietic cancers, such as leukemia and non-Hodgkin's lymphoma. Abnormalities of portions of the CBC are identified by comparing an individual's results to those of an established range of normal values for males and females. A substantial change in any individual employee's CBC may also be viewed as "abnormal" for that individual even if all measurements fall within the population-based range of normal values. It is suggested that a flowsheet for laboratory values be included in each employee's medical record so that comparisons and trends in annual CBCs can be easily made.
A determination of the clinical significance of an abnormal CBC shall be the responsibility of the examining physician, other licensed health care professional, or medical specialist to whom the employee is referred. Ideally, an abnormal CBC should be compared to previous CBC measurements for the same employee, when available. Clinical common sense may dictate that a CBC value that is very slightly outside the normal range does not warrant medical concern. A CBC abnormality may also be the result of a temporary physical stressor, such as a transient viral illness, blood donation, or menorrhagia, or laboratory error. In these cases, the CBC should be repeated in a timely fashion, i.e., within 6 weeks, to verify that return to the normal range has occurred. A clinically significant abnormal CBC should result in removal of the employee from further exposure to BD. Transfer of the employee to other work duties in a BD-free environment would be the preferred recommendation.
(c) Physical Examination.
The medical screening and surveillance program requires an initial physical examination for workers exposed to BD; this examination is repeated once every three years. The initial physical examination should assess each worker's baseline general health and rule out clinical signs of medical conditions that may be caused by or aggravated by occupational BD exposure. The physical examination should be directed at identification of signs of lymphohematopoietic disorders, including lymph node enlargement, splenomegaly, and hepatomegaly.
Repeated physical examinations should update objective clinical findings that could be indicative of interim development of a lymphohematopoietic disorder, such as lymphoma, leukemia, or other blood abnormality. Physical examinations may also be provided on an as needed basis in order to follow up on a positive answer on the health questionnaire, or in response to an abnormal CBC. Physical examination of workers who will no longer be working in jobs with BD exposure are intended to rule out lymphohematopoietic disorders.
The need for physical examinations for workers concerned about adverse reproductive effects from their exposure to BD should be identified by the physician or other licensed health care professional and provided accordingly. For these workers, such consultations and examinations may relate to developmental toxicity and reproductive capacity.
Physical examination of workers acutely exposed to significant levels of BD should be especially directed at the respiratory system, eyes, sinuses, skin, nervous system, and any region associated with particular complaints. If the worker has received a severe acute exposure, hospitalization may be required to assure proper medical management. Since this type of exposure may place workers at greater risk of blood abnormalities, a CBC must be obtained within 48 hours and repeated at one, two, and three months.
Appendix D: Sampling and Analytical Method for
1,3-Butadiene (Non-Mandatory)
OSHA Method No.: 56.
Matrix: Air.
Target concentration: 1 ppm (2.21 mg/m(3)).
Procedure: Air samples are collected by drawing known volumes of air through sampling tubes containing charcoal adsorbent which has been coated with 4-tert-butylcatechol. The samples are desorbed with carbon disulfide and then analyzed by gas chromatography using a flame ionization detector.
Recommended sampling rate and air volume: 0.05 L/min and 3 L.
Detection limit of the overall procedure: 90 ppb (200 ug/m(3)) (based on 3 L air volume).
Reliable quantitation limit: 155 ppb (343 ug/m(3)) (based on 3 L air volume).
Standard error of estimate at the target concentration: 6.5%.
Special requirements: The sampling tubes must be coated with 4-tert-butylcatechol. Collected samples should be stored in a freezer.
Status of method: A sampling and analytical method has been subjected to the established evaluation procedures of the Organic Methods Evaluation Branch, OSHA Analytical Laboratory, Salt Lake City, Utah 84165.
(1) Background.
This work was undertaken to develop a sampling and analytical procedure for BD at 1 ppm. The current method recommended by OSHA for collecting BD uses activated coconut shell charcoal as the sampling medium (Ref. 5.2). This method was found to be inadequate for use at low BD levels because of sample instability.
The stability of samples has been significantly improved through the use of a specially cleaned charcoal which is coated with 4-tert-butylcatechol (TBC). TBC is a polymerization inhibitor for BD (Ref. 5.3).
(a) Toxic effects.
Symptoms of human exposure to BD include irritation of the eyes, nose and throat. It can also cause coughing, drowsiness and fatigue. Dermatitis and frostbite can result from skin exposure to liquid BD. (Ref. 5.1)
NIOSH recommends that BD be handled in the workplace as a potential occupational carcinogen. This recommendation is based on two inhalation studies that resulted in cancers at multiple sites in rats and in mice. BD has also demonstrated mutagenic activity in the presence of a liver microsomal activating system. It has also been reported to have adverse reproductive effects. (Ref. 5.1)
(b) Potential workplace exposure.
About 90% of the annual production of BD is used to manufacture styrene-butadiene rubber and Polybutadiene rubber. Other uses include: Polychloroprene rubber, acrylonitrile butadiene-stryene resins, nylon intermediates, styrene-butadiene latexes, butadiene polymers, thermoplastic elastomers, nitrile resins, methyl methacrylate-butadiene styrene resins and chemical intermediates. (Ref. 5.1)
(c) Physical properties (Ref. 5.1).
CAS No.: 106-99-0
Molecular weight: 54.1
Appearance: Colorless gas
Boiling point: -4.41 deg. C (760 mm Hg)
Freezing point: -108.9 deg. C
Vapor pressure: 2 atm (a) 15.3 deg. C; 5 atm (a) 47 deg. C
Explosive limits: 2 to 11.5% (by volume in air)
Odor threshold: 0.45 ppm
Structural formula: H(2)C:CHCH:CH(2)
Synonyms: BD; biethylene; bivinyl; butadiene; divinyl; buta-1,3-diene; alpha-gamma-butadiene; erythrene; NCI-C50602; pyrrolylene; vinylethylene.
(d) Limit defining parameters.
The analyte air concentrations listed throughout this method are based on an air volume of 3 L and a desorption volume of 1 mL. Air concentrations listed in ppm are referenced to 25 deg. C and 760 mm Hg.
(e) Detection limit of the analytical procedure.
The detection limit of the analytical procedure was 304 pg per injection. This was the amount of BD which gave a response relative to the interferences present in a standard.
(f) Detection limit of the overall procedure.
The detection limit of the overall procedure was 0.60 ug per sample (90 ppb or 200 ug/m(3)). This amount was determined graphically. It was the amount of analyte which, when spiked on the sampling device, would allow recovery approximately equal to the detection limit of the analytical procedure.
(g) Reliable quantitation limit.
The reliable quantitation limit was 1.03 ug per sample (155 ppb or 343 ug/m(3)). This was the smallest amount of analyte which could be quantitated within the limits of a recovery of at least 75% and a precision (+/- 1.96 SD) of +/- 25% or better.
(h) Sensitivity.(1)
The sensitivity of the analytical procedure over a
concentration range representing 0.6 to 2 times the target
concentration, based on the recommended air volume, was 387 area
units per ug/mL. This value was determined from the slope of the
calibration curve. The sensitivity may vary with the particular
instrument used in the analysis.Footnote (1)
The reliable quantitation limit and detection limits reported in the method are based upon optimization of the
instrument for the smallest possible amount of analyte. When the target concentration of an analyte is exceptionally
higher than these limits, they may not be attainable at the routine operation parameters.
(i) Recovery.
The recovery of BD from samples used in storage tests remained above 77% when the samples were stored at ambient temperature and above 94% when the samples were stored at refrigerated temperature. These values were determined from regression lines which were calculated from the storage data. The recovery of the analyte from the collection device must be at least 75% following storage.
(j) Precision (analytical method only).
The pooled coefficient of variation obtained from replicate determinations of analytical standards over the range of 0.6 to 2 times the target concentration was 0.011.
(k) Precision (overall procedure).
The precision at the 95% confidence level for the refrigerated temperature storage test was +/- 12.7%. This value includes an additional +/- 5% for sampling error. The overall procedure must provide results at the target concentrations that are +/- 25% at the 95% confidence level.
(l) Reproducibility.
Samples collected from a controlled test atmosphere and a draft copy of this procedure were given to a chemist unassociated with this evaluation. The average recovery was 97.2% and the standard deviation was 6.2%.
(2) Sampling procedure.
(a) Apparatus. Samples are collected by use of a personal sampling pump that can be calibrated to within +/- 5% of the recommended 0.05 L/min sampling rate with the sampling tube in line.
(b) Samples are collected with laboratory prepared sampling tubes. The sampling tube is constructed of silane-treated glass and is about 5-cm long. The ID is 4 mm and the OD is 6 mm. One end of the tube is tapered so that a glass wool end plug will hold the contents of the tube in place during sampling. The opening in the tapered end of the sampling tube is at least one-half the ID of the tube (2 mm). The other end of the sampling tube is open to its full 4-mm ID to facilitate packing of the tube. Both ends of the tube are fire-polished for safety. The tube is packed with 2 sections of pretreated charcoal which has been coated with TBC. The tube is packed with a 50-mg backup section, located nearest the tapered end, and with a 100-mg sampling section of charcoal. The two sections of coated adsorbent are separated and retained with small plugs of silanized glass wool. Following packing, the sampling tubes are sealed with two 7/32 inch OD plastic end caps. Instructions for the pretreatment and coating of the charcoal are presented in Section 4.1 of this method.
(c) Reagents.
None required.
(d) Technique.
(i) Properly label the sampling tube before sampling and then remove the plastic end caps.
(ii) Attach the sampling tube to the pump using a section of flexible plastic tubing such that the larger front section of the sampling tube is exposed directly to the atmosphere. Do not place any tubing ahead of the sampling tube. The sampling tube should be attached in the worker's breathing zone in a vertical manner such that it does not impede work performance.
(iii) After sampling for the appropriate time, remove the sampling tube from the pump and then seal the tube with plastic end caps. Wrap the tube lengthwise.
(iv) Include at least one blank for each sampling set. The blank should be handled in the same manner as the samples with the exception that air is not drawn through it.
(v) List any potential interferences on the sample data sheet.
(vi) The samples require no special shipping precautions under normal conditions. The samples should be refrigerated if they are to be exposed to higher than normal ambient temperatures. If the samples are to be stored before they are shipped to the laboratory, they should be kept in a freezer. The samples should be placed in a freezer upon receipt at the laboratory.
(e) Breakthrough.
(Breakthrough was defined as the relative amount of analyte found on the backup section of the tube in relation to the total amount of analyte collected on the sampling tube. Five-percent breakthrough occurred after sampling a test atmosphere containing 2.0 ppm BD for 90 min. at 0.05 L/min. At the end of this time 4.5 L of air had been sampled and 20.1 ug of the analyte was collected. The relative humidity of the sampled air was 80% at 23 deg. C.)
Breakthrough studies have shown that the recommended sampling procedure can be used at air concentrations higher than the target concentration. The sampling time, however, should be reduced to 45 min. if both the expected BD level and the relative humidity of the sampled air are high.
(f) Desorption efficiency.
The average desorption efficiency for BD from TBC coated charcoal over the range from 0.6 to 2 times the target concentration was 96.4%. The efficiency was essentially constant over the range studied.
(g) Recommended air volume and sampling rate.
(h) The recommended air volume is 3 L.
(i) The recommended sampling rate is 0.05 L/min. for 1 hour.
(j) Interferences.
There are no known interferences to the sampling method.
(k) Safety precautions.
(i) Attach the sampling equipment to the worker in such a manner that it will not interfere with work performance or safety.
(ii) Follow all safety practices that apply to the work area being sampled.
(3) Analytical procedure.
(a) Apparatus.
(i) A gas chromatograph (GC), equipped with a flame ionization detector (FID).(2)
(ii) A GC column capable of resolving the analytes from any
interference.(3)Footnote (2)
A Hewlett-Packard Model 5840A GC was used for this evaluation. Injections were performed using a
Hewlett-Packard Model 7671A automatic sampler.
(iii) Vials, glass 2-mL with Teflon-lined caps.Footnote (3)
A 20-ft x 1/8-inch OD stainless steel GC column containing 20% FFAP on 80/100 mesh Chromabsorb
W-AW-DMCS was used for this evaluation.
(iv) Disposable Pasteur-type pipets, volumetric flasks, pipets and syringes for preparing samples and standards, making dilutions and performing injections.
(b) Reagents.
(i) Carbon disulfide.(4)
The benzene contaminant that was present in the carbon
disulfide was used as an internal standard (ISTD) in this
evaluation.Footnote (4)
Fisher Scientific Company A.C.S. Reagent Grade solvent was used in this evaluation.
(ii) Nitrogen, hydrogen and air, GC grade.
(iii) BD of known high purity.(5)
(c) Standard preparation.Footnote (5)
Matheson Gas Products, CP Grade 1,3-butadiene was used in this study.
(i) Prepare standards by diluting known volumes of BD gas with carbon disulfide. This can be accomplished by injecting the appropriate volume of BD into the headspace above the 1-mL of carbon disulfide contained in sealed 2-mL vial. Shake the vial after the needle is removed from the septum.(6)
(ii) The mass of BD gas used to prepare standards can be
determined by use of the following equations:Footnote (6)
A standard containing 7.71 ug/mL (at ambient temperature and pressure) was prepared by diluting 4 uL of the gas
with 1-mL of carbon disulfide.
MV = (760/BP)(273+t)/(273)(22.41)
Where:
MV = ambient molar volume
BP = ambient barometric pressure
T = ambient temperature
ug/uL = 54.09/MV
ug/standard = (ug/uL)(uL) BD used to prepare the standard
(d) Sample preparation.
(i) Transfer the 100-mg section of the sampling tube to a 2-mL vial. Place the 50-mg section in a separate vial. If the glass wool plugs contain a significant amount of charcoal, place them with the appropriate sampling tube section.
(ii) Add 1-mL of carbon disulfide to each vial.
(iii) Seal the vials with Teflon-lined caps and then allow them to desorb for one hour. Shake the vials by hand vigorously several times during the desorption period.
(iv) If it is not possible to analyze the samples within 4 hours, separate the carbon disulfide from the charcoal, using a disposable Pasteur-type pipet, following the one hour. This separation will improve the stability of desorbed samples.
(v) Save the used sampling tubes to be cleaned and repacked with fresh adsorbent.
(e) Analysis.
(i) GC Conditions.
Column temperature: 95 deg. C
Injector temperature: 180 deg. C
Detector temperature: 275 deg. C
Carrier gas flow rate: 30 mL/min.
Injection volume: 0.80 uL
GC column: 20-ft x 1/8-in OD stainless steel GC column containing 20%
FFAP on 80/100 Chromabsorb W-AW-DMCS.
(ii) Chromatogram. See Section 4.2.
(iii) Use a suitable method, such as electronic or peak heights, to measure detector response.
(iv) Prepare a calibration curve using several standard solutions of different concentrations. Prepare the calibration curve daily. Program the integrator to report the results in ug/mL.
(v) Bracket sample concentrations with standards.
(f) Interferences (analytical).
(i) Any compound with the same general retention time as the analyte and which also gives a detector response is a potential interference. Possible interferences should be reported by the industrial hygienist to the laboratory with submitted samples.
(ii) GC parameters (temperature, column, etc.) may be changed to circumvent interferences.
(iii) A useful means of structure designation is GC/MS. It is recommended that this procedure be used to confirm samples whenever possible.
(g) Calculations.
(i) Results are obtained by use of calibration curves. Calibration curves are prepared by plotting detector response against concentration for each standard. The best line through the data points is determined by curve fitting.
(ii) The concentration, in ug/mL, for a particular sample is determined by comparing its detector response to the calibration curve. If any analyte is found on the backup section, this amount is added to the amount found on the front section. Blank corrections should be performed before adding the results together.
(iii) The BD air concentration can be expressed using the following equation:
mg/m(3)=(A)(B)/(C)(D)
Where:
A = ug/mL from Section 3.7.2
B = volume
C = L of air sampled
D = efficiency
(iv) The following equation can be used to convert results in mg/m(3) to ppm:
ppm = (mg/m(3))(24.46)/54.09
Where:
mg/m(3) = result from Section 3.7.3.
24.46 = molar volume of an ideal gas at 760 mm Hg and 25 deg. C.
(h) Safety precautions (analytical).
(i) Avoid skin contact and inhalation of all chemicals.
(ii) Restrict the use of all chemicals to a fume hood whenever possible.
(iii) Wear safety glasses and a lab coat in all laboratory areas.
(4) Additional Information.
(a) A procedure to prepare specially cleaned charcoal coated with TBC.
(i) Apparatus.
(A) Magnetic stirrer and stir bar.
(B) Tube furnace capable of maintaining a temperature of 700 deg. C and equipped with a quartz tube that can hold 30 g of charcoal.(8)
(C) A means to purge nitrogen gas through the charcoal
inside the quartz tube.Footnote (8)
A Lindberg Type 55035 Tube furnace was used in this evaluation.
(D) Water bath capable of maintaining a temperature of 60 deg. C.
(E) Miscellaneous laboratory equipment: One-liter vacuum flask, 1-L Erlenmeyer flask, 350-M1 Buchner funnel with a coarse fitted disc, 4-oz brown bottle, rubber stopper, Teflon tape etc.
(ii) Reagents.
(A) Phosphoric acid, 10% by weight, in water.(9)
(B) 4-tert-Butylcatechol (TBC).(10)Footnote (9)
Baker Analyzed Reagent grade was diluted with water for use in this evaluation.
(C) Specially cleaned coconut shell charcoal, 20/40
mesh.(11)Footnote (10)
The Aldrich Chemical Company 99% grade was used in this evaluation.
(D) Nitrogen gas, GC grade.Footnote (11)
Specially cleaned charcoal was obtained from Supelco, Inc. for use in this evaluation. The cleaning process used by
Supelco is proprietary.
(iii) Procedure.
Weigh 30g of charcoal into a 500-mL Erlenmeyer flask. Add about 250 mL of 10% phosphoric acid to the flask and then swirl the mixture. Stir the mixture for 1 hour using a magnetic stirrer. Filter the mixture using a fitted Buchner funnel. Wash the charcoal several times with 250-mL portions of deionized water to remove all traces of the acid. Transfer the washed charcoal to the tube furnace quartz tube. Place the quartz tube in the furnace and then connect the nitrogen gas purge to the tube. Fire the charcoal to 700 deg. C. Maintain that temperature for at least 1 hour. After the charcoal has cooled to room temperature, transfer it to a tared beaker. Determine the weight of the charcoal and then add an amount of TBC which is 10% of the charcoal, by weight.
CAUTION-TBC is toxic and should only be handled in a fume hood while wearing gloves.
Carefully mix the contents of the beaker and then transfer the mixture to a 4-oz bottle. Stopper the bottle with a clean rubber stopper which has been wrapped with Teflon tape. Clamp the bottle in a water bath so that the water level is above the charcoal level. Gently heat the bath to 60 deg. C and then maintain that temperature for 1 hour. Cool the charcoal to room temperature and then transfer the coated charcoal to a suitable container.
The coated charcoal is now ready to be packed into sampling tubes. The sampling tubes should be stored in a sealed container to prevent contamination. Sampling tubes should be stored in the dark at room temperature. The sampling tubes should be segregated by coated adsorbent lot number.
(b) Chromatograms.
The chromatograms were obtained using the recommended analytical method. The chart speed was set at 1 cm/min. for the first three min. and then at 0.2 cm/min. for the time remaining in the analysis.
The peak which elutes just before BD is a reaction product between an impurity on the charcoal and TBC. This peak is always present, but it is easily resolved from the analyte. The peak which elutes immediately before benzene is an oxidation product of TBC.
(5) References.
(a) "Current Intelligence Bulletin 41, 1,3-Butadiene", U.S. Dept. of Health and Human Services, Public Health Service, Center for Disease Control, NIOSH.
(b) "NIOSH Manual of Analytical Methods", 2nd ed.; U.S. Dept. of Health Education and Welfare, National Institute for Occupational Safety and Health: Cincinnati, OH. 1977, Vol. 2, Method No. S91 DHEW (NIOSH) Publ. (U.S.), No. 77-157-B.
(c) Hawley, G.C., Ed. "The Condensed Chemical Dictionary", 8th ed.; Van Nostrand Rienhold Company: New York, 1971; 139.5.4. Chem. Eng. News (June 10, 1985), (63), 22-66.
Appendix E: Reserved.
APPENDIX F, MEDICAL QUESTIONNAIRES, (Non-mandatory)
1,3-Butadiene (BD) Initial Health Questionnaire
DIRECTIONS:
You have been asked to answer the questions on this form because
you work with BD (butadiene). These questions are about your
work, medical history, and health concerns. Please do your best
to answer all of the questions. If you need help, please tell
the doctor or health care professional who reviews this form.
This form is a confidential medical record. Only information
directly related to your health and safety on the job may be
given to your employer. Personal health information will not be
given to anyone without your consent.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07460, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-19-014, 296-62-07460, filed 9/5/97, effective 11/5/97.]
The provisions of the MC standard are as follows:
(1) Scope and application. This section applies to all occupational exposures to methylene chloride (MC), Chemical Abstracts Service Registry Number 75-09-2, in general industry, construction and shipyard employment.
(2) Definitions. For the purposes of this section, the following definitions shall apply:
"Action level" means a concentration of airborne MC of 12.5 parts per million (ppm) calculated as an eight (8)-hour time-weighted average (TWA).
"Authorized person" means any person specifically authorized by the employer and required by work duties to be present in regulated areas, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under subsection (4) of this section, or any other person authorized by the WISH Act or regulations issued under the act.
"Director" means the director of the department of labor and industries, or designee.
"Emergency" means any occurrence, such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which results, or is likely to result in an uncontrolled release of MC. If an incidental release of MC can be controlled by employees such as maintenance personnel at the time of release and in accordance with the leak/spill provisions required by subsection (6) of this section, it is not considered an emergency as defined by this standard.
"Employee exposure" means exposure to airborne MC which occurs or would occur if the employee were not using respiratory protection.
"Methylene chloride (MC)" means an organic compound with chemical formula, CH2Cl2. Its Chemical Abstracts Service Registry Number is 75-09-2. Its molecular weight is 84.9 g/mole.
"Physician or other licensed health care professional" is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the health care services required by subsection (10) of this section.
"Regulated area" means an area, demarcated by the employer, where an employee's exposure to airborne concentrations of MC exceeds or can reasonably be expected to exceed either the 8-hour TWA PEL or the STEL.
"Symptom" means central nervous system effects such as headaches, disorientation, dizziness, fatigue, and decreased attention span; skin effects such as chapping, erythema, cracked skin, or skin burns; and cardiac effects such as chest pain or shortness of breath.
"This section" means this methylene chloride standard.
(3) Permissible exposure limits (PELs).
(a) Eight-hour time-weighted average (TWA) PEL. The employer shall ensure that no employee is exposed to an airborne concentration of MC in excess of twenty-five parts of MC per million parts of air (25 ppm) as an 8-hour TWA.
(b) Short-term exposure limit (STEL). The employer shall ensure that no employee is exposed to an airborne concentration of MC in excess of one hundred and twenty-five parts of MC per million parts of air (125 ppm) as determined over a sampling period of fifteen minutes.
(4) Exposure monitoring.
(a) Characterization of employee exposure.
(i) Where MC is present in the workplace, the employer shall determine each employee's exposure by either:
(A) Taking a personal breathing zone air sample of each employee's exposure; or
(B) Taking personal breathing zone air samples that are representative of each employee's exposure.
(ii) Representative samples. The employer may consider personal breathing zone air samples to be representative of employee exposures when they are taken as follows:
(A) 8-hour TWA PEL. The employer has taken one or more personal breathing zone air samples for at least one employee in each job classification in a work area during every work shift, and the employee sampled is expected to have the highest MC exposure.
(B) Short-term exposure limits. The employer has taken one or more personal breathing zone air samples which indicate the highest likely 15-minute exposures during such operations for at least one employee in each job classification in the work area during every work shift, and the employee sampled is expected to have the highest MC exposure.
(C) Exception. Personal breathing zone air samples taken during one work shift may be used to represent employee exposures on other work shifts where the employer can document that the tasks performed and conditions in the workplace are similar across shifts.
(iii) Accuracy of monitoring. The employer shall ensure that the methods used to perform exposure monitoring produce results that are accurate to a confidence level of 95 percent, and are:
(A) Within plus or minus 25 percent for airborne concentrations of MC above the 8-hour TWA PEL or the STEL; or
(B) Within plus or minus 35 percent for airborne concentrations of MC at or above the action level but at or below the 8-hour TWA PEL.
(b) Initial determination. Each employer whose employees are exposed to MC shall perform initial exposure monitoring to determine each affected employee's exposure, except under the following conditions:
(i) Where objective data demonstrate that MC cannot be released in the workplace in airborne concentrations at or above the action level or above the STEL. The objective data shall represent the highest MC exposures likely to occur under reasonably foreseeable conditions of processing, use, or handling. The employer shall document the objective data exemption as specified in subsection (13) of this section;
(ii) Where the employer has performed exposure monitoring within 12 months prior to December 1, and that exposure monitoring meets all other requirements of this section, and was conducted under conditions substantially equivalent to existing conditions; or
(iii) Where employees are exposed to MC on fewer than 30 days per year (e.g., on a construction site), and the employer has measurements by direct reading instruments which give immediate results (such as a detector tube) and which provide sufficient information regarding employee exposures to determine what control measures are necessary to reduce exposures to acceptable levels.
(c) Periodic monitoring. Where the initial determination
shows employee exposures at or above the action level or above
the STEL, the employer shall establish an exposure monitoring
program for periodic monitoring of employee exposure to MC in
accordance with Table 1:
Table 1
Six Initial Determination Exposure Scenarios and Their
Associated Monitoring Frequencies
| Exposure scenario | Required monitoring activity |
|
Below the action level and at or below the STEL. |
No 8-hour TWA or STEL monitoring required. |
|
| Below the action level and above the STEL. | No 8-hour TWA monitoring
required; monitor STEL
exposures every three months. |
|
| At or above the action
level, at or below the
TWA, and at or below the
STEL. |
Monitor 8-hour TWA exposures every six months. | |
| At or above the action level, at or below the TWA, and above the STEL. | Monitor 8-hour TWA
exposures every six months
and monitor STEL exposures
every three months. |
|
| Above the TWA and at or below the STEL. | Monitor 8-hour TWA exposures every three months. In addition, without regard to the last sentence of the note to subsection (3) of this section, | |
| the following employers must monitor STEL exposures every three months until either the date by which they must achieve the 8-hour TWAs PEL | ||
| under subsection (3) of this section or the date by which they in fact achieve the 8-hour TWA PEL, whichever comes first: | ||
| Employers engaged in polyurethane foam manufacturing; | ||
| Foam fabrication; | ||
| Furniture refinishing; | ||
| General aviation aircraft stripping; | ||
| Product formulation; | ||
| Use of MC-based adhesives for boat building and repair; | ||
| Recreational vehicle manufacture, van conversion, or upholstery; and use of MC in construction work for restoration and preservation of buildings, painting and paint removal, cabinet making, or floor refinishing and resurfacing. | ||
| Above the TWA and above the STEL. | Monitor both 8-hour TWA exposures and STEL exposures every three months. |
(d) Additional monitoring.
(i) The employer shall perform exposure monitoring when a change in workplace conditions indicates that employee exposure may have increased. Examples of situations that may require additional monitoring include changes in production, process, control equipment, or work practices, or a leak, rupture, or other breakdown.
(ii) Where exposure monitoring is performed due to a spill, leak, rupture or equipment breakdown, the employer shall clean up the MC and perform the appropriate repairs before monitoring.
(e) Employee notification of monitoring results.
(i) The employer shall, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results in writing, either individually or by posting of results in an appropriate location that is accessible to affected employees.
(ii) Whenever monitoring results indicate that employee exposure is above the 8-hour TWA PEL or the STEL, the employer shall describe in the written notification the corrective action being taken to reduce employee exposure to or below the 8-hour TWA PEL or STEL and the schedule for completion of this action.
(f) Observation of monitoring.
(i) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to MC conducted in accordance with this section.
(ii) Observation procedures. When observation of the monitoring of employee exposure to MC requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide, at no cost to the observer(s), and the observer(s) shall be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.
(5) Regulated areas.
(a) The employer shall establish a regulated area wherever an employee's exposure to airborne concentrations of MC exceeds or can reasonably be expected to exceed either the 8-hour TWA PEL or the STEL.
(b) The employer shall limit access to regulated areas to authorized persons.
(c) The employer shall supply a respirator, selected in accordance with subsection (7)(c) of this section, to each person who enters a regulated area and shall require each affected employee to use that respirator whenever MC exposures are likely to exceed the 8-hour TWA PEL or STEL.
(Note to subsection (5)(c) of this section: An employer who has implemented all feasible engineering, work practice and administrative controls (as required in subsection (6) of this section), and who has established a regulated area (as required by subsection (5)(a) of this section) where MC exposure can be reliably predicted to exceed the 8-hour TWA PEL or the STEL only on certain days (for example, because of work or process schedule) would need to have affected employees use respirators in that regulated area only on those days.)
(d) The employer shall ensure that, within a regulated area, employees do not engage in nonwork activities which may increase dermal or oral MC exposure.
(e) The employer shall ensure that while employees are wearing respirators, they do not engage in activities (such as taking medication or chewing gum or tobacco) which interfere with respirator seal or performance.
(f) The employer shall demarcate regulated areas from the rest of the workplace in any manner that adequately establishes and alerts employees to the boundaries of the area and minimizes the number of authorized employees exposed to MC within the regulated area.
(g) An employer at a multi-employer worksite who establishes a regulated area shall communicate the access restrictions and locations of these areas to all other employers with work operations at that worksite.
(6) Methods of compliance.
(a) Engineering and work practice controls. The employer shall institute and maintain the effectiveness of engineering controls and work practices to reduce employee exposure to or below the PELs except to the extent that the employer can demonstrate that such controls are not feasible.
(b) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the 8-TWA PEL or STEL, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (7) of this section.
(c) Prohibition of rotation. The employer shall not implement a schedule of employee rotation as a means of compliance with the PELs.
(d) Leak and spill detection.
(i) The employer shall implement procedures to detect leaks of MC in the workplace. In work areas where spills may occur, the employer shall make provisions to contain any spills and to safely dispose of any MC-contaminated waste materials.
(ii) The employer shall ensure that all incidental leaks are repaired and that incidental spills are cleaned promptly by employees who use the appropriate personal protective equipment and are trained in proper methods of cleanup.
(Note to subsection (6)(d)(ii) of this section: See Appendix A of this section for examples of procedures that satisfy this requirement. Employers covered by this standard may also be subject to the hazardous waste and emergency response provisions contained in WAC 296-62-3112.)
(7) Respiratory protection.
(a) General requirements. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(i) Periods when an employee's exposure to MC exceeds or can reasonably be expected to exceed the 8-hour TWA PEL or the STEL (for example, when an employee is using MC in a regulated area);
(ii) Periods necessary to install or implement feasible engineering and work-practice controls;
(iii) In a few work operations, such as some maintenance operations and repair activities, for which the employer demonstrates that engineering and work practice controls are infeasible;
(iv) Work operations for which feasible engineering and work practice controls are not sufficient to reduce exposures to or below the PELs;
(v) Emergencies.
(b) Respirator program.
(i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07131 (4)(b)(i) and (ii)).
(ii) Employers who provide employees with gas masks with organic-vapor canisters for the purpose of emergency escape must replace the canisters after any emergency use and before the gas masks are returned to service.
(c) Respirator selection. The employer must select
appropriate atmosphere-supplying respirators from Table 2 of this
section.
Table 2.--Minimum Requirements for Respiratory Protection for Airborne Methylene Chloride
Methylene chloride airborne concentration (ppm) or condition of use |
Minimum respirator required1 |
|
Up to 625 ppm (25 X PEL) |
(1) Continuous flow supplied-air respirator, hood or helmet. |
|
| Up to 1250 ppm (50 X 8 hr TWA PEL) |
(1) Full facepiece supplied-air
respirator operated in negative
pressure (demand) mode. (2) Full facepiece self-contained
breathing apparatus (SCBA)
operated in negative pressure
(demand) mode. |
|
| Up to 5000 ppm (200 X 8-TWA PEL) |
(1) Continuous flow supplied-air
respirator, full facepiece. (2) Pressure demand supplied-air respirator, full facepiece. (3) Positive pressure full
facepiece SCBA. |
|
| Unknown concentration, or above 5000 ppm (Greater than 200 X 8-TWA PEL) | (1) Positive pressure full
facepiece SCBA. (2) Full facepiece pressure
demand supplied-air respirator
with an auxiliary self-contained
air supply. |
|
| Fire fighting | Positive pressure full facepiece
SCBA. |
|
| Emergency escape | (1) Any continuous flow or
pressure demand SCBA. (2) Gas mask with organic vapor
canister. |
(d) Medical evaluation. Before having an employee use a
supplied-air respirator in the negative-pressure mode, or a gas
mask with an organic-vapor canister for emergency escape, the
employer must:
(i) Have a physician or other licensed health care professional (PLHCP) evaluate the employee's ability to use such respiratory protection;
(ii) Ensure that the PLHCP provides their findings in a written opinion to the employee and the employer.
| Note: | See WAC 296-62-07150 through 296-62-07156 for medical evaluation requirements for employees using respirators. |
(a) Where needed to prevent MC-induced skin or eye
irritation, the employer shall provide clean protective clothing
and equipment which is resistant to MC, at no cost to the
employee, and shall ensure that each affected employee uses it. Eye and face protection shall meet the requirements of WAC
((296-24-078)) 296-800-160, as applicable.
(b) The employer shall clean, launder, repair and replace all protective clothing and equipment required by this subsection as needed to maintain their effectiveness.
(c) The employer shall be responsible for the safe disposal of such clothing and equipment.
(Note to subsection (8)(c) of this section: See Appendix A for examples of disposal procedures that will satisfy this requirement.)
(9) Hygiene facilities.
(a) If it is reasonably foreseeable that employees' skin may contact solutions containing 0.1 percent or greater MC (for example, through splashes, spills or improper work practices), the employer shall provide conveniently located washing facilities capable of removing the MC, and shall ensure that affected employees use these facilities as needed.
(b) If it is reasonably foreseeable that an employee's eyes may contact solutions containing 0.1 percent or greater MC (for example through splashes, spills or improper work practices), the employer shall provide appropriate eyewash facilities within the immediate work area for emergency use, and shall ensure that affected employees use those facilities when necessary.
(10) Medical surveillance.
(a) Affected employees. The employer shall make medical surveillance available for employees who are or may be exposed to MC as follows:
(i) At or above the action level on 30 or more days per year, or above the 8-hour TWA PEL or the STEL on 10 or more days per year;
(ii) Above the 8-TWA PEL or STEL for any time period where an employee has been identified by a physician or other licensed health care professional as being at risk from cardiac disease or from some other serious MC-related health condition and such employee requests inclusion in the medical surveillance program;
(iii) During an emergency.
(b) Costs. The employer shall provide all required medical surveillance at no cost to affected employees, without loss of pay and at a reasonable time and place.
(c) Medical personnel. The employer shall ensure that all medical surveillance procedures are performed by a physician or other licensed health care professional, as defined in subsection (2) of this section.
(d) Frequency of medical surveillance. The employer shall make medical surveillance available to each affected employee as follows:
(i) Initial surveillance. The employer shall provide initial medical surveillance under the schedule provided by subsection (14)(b)(iii) of this section, or before the time of initial assignment of the employee, whichever is later. The employer need not provide the initial surveillance if medical records show that an affected employee has been provided with medical surveillance that complies with this section within 12 months before December 1.
(ii) Periodic medical surveillance. The employer shall update the medical and work history for each affected employee annually. The employer shall provide periodic physical examinations, including appropriate laboratory surveillance, as follows:
(A) For employees 45 years of age or older, within 12 months of the initial surveillance or any subsequent medical surveillance; and
(B) For employees younger than 45 years of age, within 36 months of the initial surveillance or any subsequent medical surveillance.
(iii) Termination of employment or reassignment. When an employee leaves the employer's workplace, or is reassigned to an area where exposure to MC is consistently at or below the action level and STEL, medical surveillance shall be made available if six months or more have elapsed since the last medical surveillance.
(iv) Additional surveillance. The employer shall provide additional medical surveillance at frequencies other than those listed above when recommended in the written medical opinion. (For example, the physician or other licensed health care professional may determine an examination is warranted in less than 36 months for employees younger than 45 years of age based upon evaluation of the results of the annual medical and work history.)
(e) Content of medical surveillance.
(i) Medical and work history. The comprehensive medical and work history shall emphasize neurological symptoms, skin conditions, history of hematologic or liver disease, signs or symptoms suggestive of heart disease (angina, coronary artery disease), risk factors for cardiac disease, MC exposures, and work practices and personal protective equipment used during such exposures.
(Note to subsection (10)(e)(i) of this section: See Appendix B of this section for an example of a medical and work history format that would satisfy this requirement.)
(ii) Physical examination. Where physical examinations are provided as required above, the physician or other licensed health care professional shall accord particular attention to the lungs, cardiovascular system (including blood pressure and pulse), liver, nervous system, and skin. The physician or other licensed health care professional shall determine the extent and nature of the physical examination based on the health status of the employee and analysis of the medical and work history.
(iii) Laboratory surveillance. The physician or other licensed health care professional shall determine the extent of any required laboratory surveillance based on the employee's observed health status and the medical and work history.
(Note to subsection (10)(e)(iii) of this section: See Appendix B of this section for information regarding medical tests. Laboratory surveillance may include before-and after-shift carboxyhemoglobin determinations, resting ECG, hematocrit, liver function tests and cholesterol levels.)
(iv) Other information or reports. The medical surveillance shall also include any other information or reports the physician or other licensed health care professional determines are necessary to assess the employee's health in relation to MC exposure.
(f) Content of emergency medical surveillance. The employer shall ensure that medical surveillance made available when an employee has been exposed to MC in emergency situations includes, at a minimum:
(i) Appropriate emergency treatment and decontamination of the exposed employee;
(ii) Comprehensive physical examination with special emphasis on the nervous system, cardiovascular system, lungs, liver and skin, including blood pressure and pulse;
(iii) Updated medical and work history, as appropriate for the medical condition of the employee; and
(iv) Laboratory surveillance, as indicated by the employee's health status.
(Note to subsection (10)(f)(iv) of this section: See Appendix B for examples of tests which may be appropriate.)
(g) Additional examinations and referrals. Where the physician or other licensed health care professional determines it is necessary, the scope of the medical examination shall be expanded and the appropriate additional medical surveillance, such as referrals for consultation or examination, shall be provided.
(h) Information provided to the physician or other licensed health care professional. The employer shall provide the following information to a physician or other licensed health care professional who is involved in the diagnosis of MC-induced health effects:
(i) A copy of this section including its applicable appendices;
(ii) A description of the affected employee's past, current and anticipated future duties as they relate to the employee's MC exposure;
(iii) The employee's former or current exposure levels or, for employees not yet occupationally exposed to MC, the employee's anticipated exposure levels and the frequency and exposure levels anticipated to be associated with emergencies;
(iv) A description of any personal protective equipment, such as respirators, used or to be used; and
(v) Information from previous employment-related medical surveillance of the affected employee which is not otherwise available to the physician or other licensed health care professional.
(i) Written medical opinions.
(i) For each physical examination required by this section, the employer shall ensure that the physician or other licensed health care professional provides to the employer and to the affected employee a written opinion regarding the results of that examination within 15 days of completion of the evaluation of medical and laboratory findings, but not more than 30 days after the examination. The written medical opinion shall be limited to the following information:
(A) The physician's or other licensed health care professional's opinion concerning whether exposure to MC may contribute to or aggravate the employee's existing cardiac, hepatic, neurological (including stroke) or dermal disease or whether the employee has any other medical condition(s) that would place the employee's health at increased risk of material impairment from exposure to MC;
(B) Any recommended limitations upon the employee's exposure to MC, removal from MC exposure, or upon the employee's use of protective clothing or equipment and respirators;
(C) A statement that the employee has been informed by the physician or other licensed health care professional that MC is a potential occupational carcinogen, of risk factors for heart disease, and the potential for exacerbation of underlying heart disease by exposure to MC through its metabolism to carbon monoxide; and
(D) A statement that the employee has been informed by the physician or other licensed health care professional of the results of the medical examination and any medical conditions resulting from MC exposure which require further explanation or treatment.
(ii) The employer shall instruct the physician or other licensed health care professional not to reveal to the employer, orally or in the written opinion, any specific records, findings, and diagnoses that have no bearing on occupational exposure to MC.
(Note to subsection (10)(h)(ii) of this section: The written medical opinion may also include information and opinions generated to comply with other OSHA health standards.)
(j) Medical presumption. For purposes of this subsection (10), the physician or other licensed health care professional shall presume, unless medical evidence indicates to the contrary, that a medical condition is unlikely to require medical removal from MC exposure if the employee is not exposed to MC above the 8-hour TWA PEL. If the physician or other licensed health care professional recommends removal for an employee exposed below the 8-hour TWA PEL, the physician or other licensed health care professional shall cite specific medical evidence, sufficient to rebut the presumption that exposure below the 8-hour TWA PEL is unlikely to require removal, to support the recommendation. If such evidence is cited by the physician or other licensed health care professional, the employer must remove the employee. If such evidence is not cited by the physician or other licensed health care professional, the employer is not required to remove the employee.
(k) Medical removal protection (MRP).
(i) Temporary medical removal and return of an employee.
(A) Except as provided in (j) of this subsection, when a medical determination recommends removal because the employee's exposure to MC may contribute to or aggravate the employee's existing cardiac, hepatic, neurological (including stroke), or skin disease, the employer must provide medical removal protection benefits to the employee and either:
(I) Transfer the employee to comparable work where methylene chloride exposure is below the action level; or
(II) Remove the employee from MC exposure.
(B) If comparable work is not available and the employer is able to demonstrate that removal and the costs of extending MRP benefits to an additional employee, considering feasibility in relation to the size of the employer's business and the other requirements of this standard, make further reliance on MRP an inappropriate remedy, the employer may retain the additional employee in the existing job until transfer or removal becomes appropriate, provided:
(I) The employer ensures that the employee receives additional medical surveillance, including a physical examination at least every 60 days until transfer or removal occurs; and
(II) The employer or PLHCP informs the employee of the risk to the employee's health from continued MC exposure.
(C) The employer shall maintain in effect any job-related protective measures or limitations, other than removal, for as long as a medical determination recommends them to be necessary.
(ii) End of MRP benefits and return of the employee to former job status.
(A) The employer may cease providing MRP benefits at the earliest of the following:
(I) Six months;
(II) Return of the employee to the employee's former job status following receipt of a medical determination concluding that the employee's exposure to MC no longer will aggravate any cardiac, hepatic, neurological (including stroke), or dermal disease;
(III) Receipt of a medical determination concluding that the employee can never return to MC exposure.
(B) For the purposes of this subsection (10), the requirement that an employer return an employee to the employee's former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.
(l) Medical removal protection benefits.
(i) For purposes of this subsection (10), the term medical removal protection benefits means that, for each removal, an employer must maintain for up to six months the earnings, seniority, and other employment rights and benefits of the employee as though the employee had not been removed from MC exposure or transferred to a comparable job.
(ii) During the period of time that an employee is removed from exposure to MC, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.
(iii) If a removed employee files a workers' compensation claim for a MC-related disability, the employer shall continue the MRP benefits required by this section until either the claim is resolved or the 6-month period for payment of MRP benefits has passed, whichever occurs first. To the extent the employee is entitled to indemnity payments for earnings lost during the period of removal, the employer's obligation to provide medical removal protection benefits to the employee shall be reduced by the amount of such indemnity payments.
(iv) The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal from either a publicly or an employer-funded compensation program, or receives income from employment with another employer made possible by virtue of the employee's removal.
(m) Voluntary removal or restriction of an employee. Where an employer, although not required by this section to do so, removes an employee from exposure to MC or otherwise places any limitation on an employee due to the effects of MC exposure on the employee's medical condition, the employer shall provide medical removal protection benefits to the employee equal to those required by (l) of this subsection.
(n) Multiple health care professional review mechanism.
(i) If the employer selects the initial physician or licensed health care professional (PLHCP) to conduct any medical examination or consultation provided to an employee under (k) of this subsection, the employer shall notify the employee of the right to seek a second medical opinion each time the employer provides the employee with a copy of the written opinion of that PLHCP.
(ii) If the employee does not agree with the opinion of the employer-selected PLHCP, notifies the employer of that fact, and takes steps to make an appointment with a second PLHCP within 15 days of receiving a copy of the written opinion of the initial PLHCP, the employer shall pay for the PLHCP chosen by the employee to perform at least the following:
(A) Review any findings, determinations or recommendations of the initial PLHCP; and
(B) Conduct such examinations, consultations, and laboratory tests as the PLHCP deems necessary to facilitate this review.
(iii) If the findings, determinations or recommendations of the second PLHCP differ from those of the initial PLHCP, then the employer and the employee shall instruct the two health care professionals to resolve the disagreement.
(iv) If the two health care professionals are unable to resolve their disagreement within 15 days, then those two health care professionals shall jointly designate a PLHCP who is a specialist in the field at issue. The employer shall pay for the specialist to perform at least the following:
(A) Review the findings, determinations, and recommendations of the first two PLHCPs; and
(B) Conduct such examinations, consultations, laboratory tests and discussions with the prior PLHCPs as the specialist deems necessary to resolve the disagreements of the prior health care professionals.
(v) The written opinion of the specialist shall be the definitive medical determination. The employer shall act consistent with the definitive medical determination, unless the employer and employee agree that the written opinion of one of the other two PLHCPs shall be the definitive medical determination.
(vi) The employer and the employee or authorized employee representative may agree upon the use of any expeditious alternate health care professional determination mechanism in lieu of the multiple health care professional review mechanism provided by this section so long as the alternate mechanism otherwise satisfies the requirements contained in this section.
(11) Hazard communication. The employer shall communicate
the following hazards associated with MC on labels and in
material safety data sheets in accordance with the requirements
of the chemical hazard communication standard, WAC ((296-62-054))
296-800-170: Cancer, cardiac effects (including elevation of
carboxyhemoglobin), central nervous system effects, liver
effects, and skin and eye irritation.
(12) Employee information and training.
(a) The employer shall provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to MC.
(b) The employer shall ensure that information and training is presented in a manner that is understandable to the employees.
(c) In addition to the information required under the
chemical hazard communication standard at WAC ((296-62-054))
296-800-170:
(i) The employer shall inform each affected employee of the requirements of this section and information available in its appendices, as well as how to access or obtain a copy of it in the workplace;
(ii) Wherever an employee's exposure to airborne concentrations of MC exceeds or can reasonably be expected to exceed the action level, the employer shall inform each affected employee of the quantity, location, manner of use, release, and storage of MC and the specific operations in the workplace that could result in exposure to MC, particularly noting where exposures may be above the 8-hour TWA PEL or STEL;
(d) The employer shall train each affected employee as
required under the chemical hazard communication standard at WAC
((296-62-054)) 296-800-170, as appropriate.
(e) The employer shall re-train each affected employee as necessary to ensure that each employee exposed above the action level or the STEL maintains the requisite understanding of the principles of safe use and handling of MC in the workplace.
(f) Whenever there are workplace changes, such as modifications of tasks or procedures or the institution of new tasks or procedures, which increase employee exposure, and where those exposures exceed or can reasonably be expected to exceed the action level, the employer shall update the training as necessary to ensure that each affected employee has the requisite proficiency.
(g) An employer whose employees are exposed to MC at a
multi-employer worksite shall notify the other employers with
work operations at that site in accordance with the requirements
of the chemical hazard communication standard, WAC ((296-62-054))
296-800-170, as appropriate.
(h) The employer shall provide to the director, upon request, all available materials relating to employee information and training.
(13) Recordkeeping.
(a) Objective data.
(i) Where an employer seeks to demonstrate that initial monitoring is unnecessary through reasonable reliance on objective data showing that any materials in the workplace containing MC will not release MC at levels which exceed the action level or the STEL under foreseeable conditions of exposure, the employer shall establish and maintain an accurate record of the objective data relied upon in support of the exemption.
(ii) This record shall include at least the following information:
(A) The MC-containing material in question;
(B) The source of the objective data;
(C) The testing protocol, results of testing, and/or analysis of the material for the release of MC;
(D) A description of the operation exempted under subsection (4)(b)(i) of this section and how the data support the exemption; and
(E) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.
(iii) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(b) Exposure measurements.
(i) The employer shall establish and keep an accurate record of all measurements taken to monitor employee exposure to MC as prescribed in subsection (4) of this section.
(ii) Where the employer has 20 or more employees, this record shall include at least the following information:
(A) The date of measurement for each sample taken;
(B) The operation involving exposure to MC which is being monitored;
(C) Sampling and analytical methods used and evidence of their accuracy;
(D) Number, duration, and results of samples taken;
(E) Type of personal protective equipment, such as respiratory protective devices, worn, if any; and
(F) Name, Social Security number, job classification and exposure of all of the employees represented by monitoring, indicating which employees were actually monitored.
(iii) Where the employer has fewer than 20 employees, the record shall include at least the following information:
(A) The date of measurement for each sample taken;
(B) Number, duration, and results of samples taken; and
(C) Name, Social Security number, job classification and exposure of all of the employees represented by monitoring, indicating which employees were actually monitored.
(iv) The employer shall maintain this record for at least thirty (30) years, in accordance with WAC 296-62-052.
(c) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance under subsection (10) of this section.
(ii) The record shall include at least the following information:
(A) The name, Social Security number and description of the duties of the employee;
(B) Written medical opinions; and
(C) Any employee medical conditions related to exposure to MC.
(iii) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with WAC 296-62-052.
(d) Availability.
(i) The employer, upon written request, shall make all records required to be maintained by this section available to the director for examination and copying in accordance with WAC 296-62-052.
(Note to subsection (13)(d)(i) of this section: All records required to be maintained by this section may be kept in the most administratively convenient form (for example, electronic or computer records would satisfy this requirement).)
(ii) The employer, upon request, shall make any employee exposure and objective data records required by this section available for examination and copying by affected employees, former employees, and designated representatives in accordance with WAC 296-62-052.
(iii) The employer, upon request, shall make employee medical records required to be kept by this section available for examination and copying by the subject employee and by anyone having the specific written consent of the subject employee in accordance with WAC 296-62-052.
(e) Transfer of records. The employer shall comply with the requirements concerning transfer of records set forth in WAC 296-62-05215.
(14) Dates.
(a) Engineering controls required under subsection (6)(a) of this section shall be implemented according to the following schedule:
(i) For employers with fewer than 20 employees, no later than April 10, 2000.
(ii) For employers with fewer than 150 employees engaged in foam fabrication; for employers with fewer than 50 employees engaged in furniture refinishing, general aviation aircraft stripping, and product formulation; for employers with fewer than 50 employees using MC-based adhesives for boat building and repair, recreational vehicle manufacture, van conversion, and upholstering; for employers with fewer than 50 employees using MC in construction work for restoration and preservation of buildings, painting and paint removal, cabinet making and/or floor refinishing and resurfacing, no later than April 10, 2000.
(iii) For employers engaged in polyurethane foam manufacturing with 20 or more employees, no later than October 10, 1999.
(b) Use of respiratory protection whenever an employee's exposure to MC exceeds or can reasonably be expected to exceed the 8-hour TWA PEL, in accordance with subsection (3)(a), (5)(c), (6)(a) and (7)(a) of this section, shall be implemented according to the following schedule:
(i) For employers with fewer than 150 employees engaged in foam fabrication; for employers with fewer than 50 employees engaged in furniture refinishing, general aviation aircraft stripping, and product formulation; for employers with fewer than 50 employees using MC-based adhesives for boat building and repair, recreational vehicle manufacture, van conversion, and upholstering; for employers with fewer than 50 employees using MC in construction work for restoration and preservation of buildings, painting and paint removal, cabinet making and/or floor refinishing and resurfacing, no later than April 10, 2000.
(ii) For employers engaged in polyurethane foam manufacturing with 20 or more employees, no later than October 10, 1999.
(c) Notification of corrective action under subsection (4)(e)(ii) of this section, no later than 90 days before the compliance date applicable to such corrective action.
(d) Transitional dates. The exposure limits for MC specified in WAC 296-62-07515 Table 1, shall remain in effect until the start-up dates for the exposure limits specified in subsection (14) of this section, or if the exposure limits in this section are stayed or vacated.
(e) Unless otherwise specified in this subsection (14), all other requirements of this section shall be complied with immediately.
(15) Appendices. The information contained in the appendices does not, by itself, create any additional obligations not otherwise imposed or detract from any existing obligation.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07470, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 97-18-062, 296-62-07470, filed 9/2/97, effective 12/1/97.]
I. Substance Identification
A. Substance: Methylene chloride (CH2Cl2).
B. Synonyms: MC, Dichloromethane (DCM); Methylene dichloride; Methylene bichloride; Methane dichloride; CAS: 75-09-2; NCI-C50102.
C. Physical data:
1. Molecular weight: 84.9.
2. Boiling point (760 mm Hg): 39.8 deg.C (104 deg.F).
3. Specific gravity (water=1): 1.3.
4. Vapor density (air=1 at boiling point): 2.9.
5. Vapor pressure at 20 deg. C (68 deg. F): 350 mm Hg.
6. Solubility in water, g/100 g water at 20 deg. C (68 deg. F)=1.32.
7. Appearance and odor: colorless liquid with a chloroform-like odor.
D. Uses: MC is used as a solvent, especially where high volatility is required. It is a good solvent for oils, fats, waxes, resins, bitumen, rubber and cellulose acetate and is a useful paint stripper and degreaser. It is used in paint removers, in propellant mixtures for aerosol containers, as a solvent for plastics, as a degreasing agent, as an extracting agent in the pharmaceutical industry and as a blowing agent in polyurethane foams. Its solvent property is sometimes increased by mixing with methanol, petroleum naphtha or tetrachloroethylene.
E. Appearance and odor: MC is a clear colorless liquid with a chloroform-like odor. It is slightly soluble in water and completely miscible with most organic solvents.
F. Permissible exposure: Exposure may not exceed 25 parts MC per million parts of air (25 ppm) as an eight-hour time-weighted average (8-hour TWA PEL) or 125 parts of MC per million parts of air (125 ppm) averaged over a 15-minute period (STEL).
II. Health Hazard Data
A. MC can affect the body if it is inhaled or if the liquid comes in contact with the eyes or skin. It can also affect the body if it is swallowed.
B. Effects of overexposure:
1. Short-term Exposure: MC is an anesthetic. Inhaling the vapor may cause mental confusion, light-headedness, nausea, vomiting, and headache. Continued exposure may cause increased light-headedness, staggering, unconsciousness, and even death. High vapor concentrations may also cause irritation of the eyes and respiratory tract. Exposure to MC may make the symptoms of angina (chest pains) worse. Skin exposure to liquid MC may cause irritation. If liquid MC remains on the skin, it may cause skin burns. Splashes of the liquid into the eyes may cause irritation.
2. Long-term (chronic) exposure: The best evidence that MC causes cancer is from laboratory studies in which rats, mice and hamsters inhaled MC 6 hours per day, 5 days per week for 2 years. MC exposure produced lung and liver tumors in mice and mammary tumors in rats. No carcinogenic effects of MC were found in hamsters. There are also some human epidemiological studies which show an association between occupational exposure to MC and increases in biliary (bile duct) cancer and a type of brain cancer. Other epidemiological studies have not observed a relationship between MC exposure and cancer. WISHA interprets these results to mean that there is suggestive (but not absolute) evidence that MC is a human carcinogen.
C. Reporting signs and symptoms: You should inform your employer if you develop any signs or symptoms and suspect that they are caused by exposure to MC.
D. Warning Properties:
1. Odor Threshold: Different authors have reported varying odor thresholds for MC. Kirk-Othmer and Sax both reported 25 to 50 ppm; Summer and May both reported 150 ppm; Spector reports 320 ppm. Patty, however, states that since one can become adapted to the odor, MC should not be considered to have adequate warning properties.
2. Eye Irritation Level: Kirk-Othmer reports that "MC vapor is seriously damaging to the eyes." Sax agrees with Kirk-Othmer's statement. The ACGIH Documentation of TLVs states that irritation of the eyes has been observed in workers exposed to concentrations up to 5000 ppm.
3. Evaluation of Warning Properties: Since a wide range of MC odor thresholds are reported (25-320 ppm), and human adaptation to the odor occurs, MC is considered to be a material with poor warning properties.
III. Emergency First Aid Procedures
In the event of emergency, institute first aid procedures and send for first aid or medical assistance.
A. Eye and Skin Exposures: If there is a potential for liquid MC to come in contact with eye or skin, face shields and skin protective equipment must be provided and used. If liquid MC comes in contact with the eye, get medical attention. Contact lenses should not be worn when working with this chemical.
B. Breathing: If a person breathes in large amounts of MC, move the exposed person to fresh air at once. If breathing has stopped, perform cardiopulmonary resuscitation. Keep the affected person warm and at rest. Get medical attention as soon as possible.
C. Rescue: Move the affected person from the hazardous exposure immediately. If the exposed person has been overcome, notify someone else and put into effect the established emergency rescue procedures. Understand the facility's emergency rescue procedures and know the locations of rescue equipment before the need arises. Do not become a casualty yourself.
IV. Respirators, Protective Clothing, and Eye Protection
A. Respirators: Good industrial hygiene practices recommend that engineering controls be used to reduce environmental concentrations to the permissible exposure level. However, there are some exceptions where respirators may be used to control exposure. Respirators may be used when engineering and work practice controls are not feasible, when such controls are in the process of being installed, or when these controls fail and need to be supplemented. Respirators may also be used for operations which require entry into tanks or closed vessels, and in emergency situations. If the use of respirators is necessary, the only respirators permitted are those that have been approved by the National Institute for Occupational Safety and Health (NIOSH). Supplied-air respirators are required because air-purifying respirators do not provide adequate respiratory protection against MC. In addition to respirator selection, a complete written respiratory protection program should be instituted which includes regular training, maintenance, inspection, cleaning, and evaluation. If you can smell MC while wearing a respirator, proceed immediately to fresh air. If you experience difficulty in breathing while wearing a respirator, tell your employer.
B. Protective Clothing: Employees must be provided with and required to use impervious clothing, gloves, face shields (eight-inch minimum), and other appropriate protective clothing necessary to prevent repeated or prolonged skin contact with liquid MC or contact with vessels containing liquid MC. Any clothing which becomes wet with liquid MC should be removed immediately and not reworn until the employer has ensured that the protective clothing is fit for reuse. Contaminated protective clothing should be placed in a regulated area designated by the employer for removal of MC before the clothing is laundered or disposed of. Clothing and equipment should remain in the regulated area until all of the MC contamination has evaporated; clothing and equipment should then be laundered or disposed of as appropriate.
C. Eye Protection: Employees should be provided with and required to use splash-proof safety goggles where liquid MC may contact the eyes.
V. Housekeeping and Hygiene Facilities
For purposes of complying with WAC 296-24-120, 296-800-220 and 296-800-230, the following items should be emphasized:
A. The workplace should be kept clean, orderly, and in a sanitary condition. The employer should institute a leak and spill detection program for operations involving liquid MC in order to detect sources of fugitive MC emissions.
B. Emergency drench showers and eyewash facilities are recommended. These should be maintained in a sanitary condition. Suitable cleansing agents should also be provided to assure the effective removal of MC from the skin.
C. Because of the hazardous nature of MC, contaminated protective clothing should be placed in a regulated area designated by the employer for removal of MC before the clothing is laundered or disposed of.
VI. Precautions for Safe Use, Handling, and Storage
A. Fire and Explosion Hazards: MC has no flash point in a conventional closed tester, but it forms flammable vapor-air mixtures at approximately 100 deg.C (212 deg.F), or higher. It has a lower explosion limit of 12%, and an upper explosion limit of 19% in air. It has an autoignition temperature of 556.1 deg.C (1033 deg.F), and a boiling point of 39.8 deg.C (104 deg.F). It is heavier than water with a specific gravity of 1.3. It is slightly soluble in water.
B. Reactivity Hazards: Conditions contributing to the instability of MC are heat and moisture. Contact with strong oxidizers, caustics, and chemically active metals such as aluminum or magnesium powder, sodium and potassium may cause fires and explosions. Special precautions: Liquid MC will attack some forms of plastics, rubber, and coatings.
C. Toxicity: Liquid MC is painful and irritating if splashed in the eyes or if confined on the skin by gloves, clothing, or shoes. Vapors in high concentrations may cause narcosis and death. Prolonged exposure to vapors may cause cancer or exacerbate cardiac disease.
D. Storage: Protect against physical damage. Because of its corrosive properties, and its high vapor pressure, MC should be stored in plain, galvanized or lead lined, mild steel containers in a cool, dry, well ventilated area away from direct sunlight, heat source and acute fire hazards.
E. Piping Material: All piping and valves at the loading or unloading station should be of material that is resistant to MC and should be carefully inspected prior to connection to the transport vehicle and periodically during the operation.
F. Usual Shipping Containers: Glass bottles, 5- and 55-gallon steel drums, tank cars, and tank trucks.
Note: This section addresses MC exposure in marine terminal and longshore employment only where leaking or broken packages allow MC exposure that is not addressed through compliance with WAC 296-56.
G. Electrical Equipment: Electrical installations in Class I hazardous locations as defined in Article 500 of the National Electrical Code, should be installed according to Article 501 of the code; and electrical equipment should be suitable for use in atmospheres containing MC vapors. See Flammable and Combustible Liquids Code (NFPA No. 325M), Chemical Safety Data Sheet SD-86 (Manufacturing Chemists' Association, Inc.).
H. Fire Fighting: When involved in fire, MC emits highly toxic and irritating fumes such as phosgene, hydrogen chloride and carbon monoxide. Wear breathing apparatus and use water spray to keep fire-exposed containers cool. Water spray may be used to flush spills away from exposures. Extinguishing media are dry chemical, carbon dioxide, foam. For purposes of compliance with WAC 296-24-956, locations classified as hazardous due to the presence of MC shall be Class I.
I. Spills and Leaks: Persons not wearing protective equipment and clothing should be restricted from areas of spills or leaks until cleanup has been completed. If MC has spilled or leaked, the following steps should be taken:
1. Remove all ignition sources.
2. Ventilate area of spill or leak.
3. Collect for reclamation or absorb in vermiculite, dry sand, earth, or a similar material.
J. Methods of Waste Disposal: Small spills should be absorbed onto sand and taken to a safe area for atmospheric evaporation. Incineration is the preferred method for disposal of large quantities by mixing with a combustible solvent and spraying into an incinerator equipped with acid scrubbers to remove hydrogen chloride gases formed. Complete combustion will convert carbon monoxide to carbon dioxide. Care should be taken for the presence of phosgene.
K. You should not keep food, beverage, or smoking materials, or eat or smoke in regulated areas where MC concentrations are above the permissible exposure limits.
L. Portable heating units should not be used in confined areas where MC is used.
M. Ask your supervisor where MC is used in your work area and for any additional plant safety and health rules.
VII. Medical Requirements
Your employer is required to offer you the opportunity to participate in a medical surveillance program if you are exposed to MC at concentrations at or above the action level (12.5 ppm 8-hour TWA) for more than 30 days a year or at concentrations exceeding the PELs (25 ppm 8-hour TWA or 125 ppm 15-minute STEL) for more than 10 days a year. If you are exposed to MC at concentrations over either of the PELs, your employer will also be required to have a physician or other licensed health care professional ensure that you are able to wear the respirator that you are assigned. Your employer must provide all medical examinations relating to your MC exposure at a reasonable time and place and at no cost to you.
VIII. Monitoring and Measurement Procedures
A. Exposure above the Permissible Exposure Limit:
1. Eight-hour exposure evaluation: Measurements taken for the purpose of determining employee exposure under this section are best taken with consecutive samples covering the full shift. Air samples must be taken in the employee's breathing zone.
2. Monitoring techniques: The sampling and analysis under this section may be performed by collection of the MC vapor on two charcoal adsorption tubes in series or other composition adsorption tubes, with subsequent chemical analysis. Sampling and analysis may also be performed by instruments such as real-time continuous monitoring systems, portable direct reading instruments, or passive dosimeters as long as measurements taken using these methods accurately evaluate the concentration of MC in employees' breathing zones. OSHA method 80 is an example of a validated method of sampling and analysis of MC. Copies of this method are available from OSHA or can be downloaded from the Internet at http://www.osha.gov. The employer has the obligation of selecting a monitoring method which meets the accuracy and precision requirements of the standard under his or her unique field conditions. The standard requires that the method of monitoring must be accurate, to a 95 percent confidence level, to plus or minus 25 percent for concentrations of MC at or above 25 ppm, and to plus or minus 35 percent for concentrations at or below 25 ppm. In addition to OSHA method 80, there are numerous other methods available for monitoring for MC in the workplace.
B. Since many of the duties relating to employee exposure are dependent on the results of measurement procedures, employers must assure that the evaluation of employee exposure is performed by a technically qualified person.
IX. Observation of Monitoring
Your employer is required to perform measurements that are representative of your exposure to MC and you or your designated representative are entitled to observe the monitoring procedure. You are entitled to observe the steps taken in the measurement procedure, and to record the results obtained. When the monitoring procedure is taking place in an area where respirators or personal protective clothing and equipment are required to be worn, you or your representative must also be provided with, and must wear, protective clothing and equipment.
Access To Information
A. Your employer is required to inform you of the information contained in this Appendix. In addition, your employer must instruct you in the proper work practices for using MC, emergency procedures, and the correct use of protective equipment.
B. Your employer is required to determine whether you are being exposed to MC. You or your representative has the right to observe employee measurements and to record the results obtained. Your employer is required to inform you of your exposure. If your employer determines that you are being over exposed, he or she is required to inform you of the actions which are being taken to reduce your exposure to within permissible exposure limits.
C. Your employer is required to keep records of your exposures and medical examinations. These records must be kept by the employer for at least thirty (30) years.
D. Your employer is required to release your exposure and medical records to you or your representative upon your request.
E. Your employer is required to provide labels and material safety data sheets (MSDS) for all materials, mixtures or solutions composed of greater than 0.1 percent MC. An example of a label that would satisfy these requirements would be:
May worsen heart disease because methylene chloride is converted to carbon monoxide in the body. May cause dizziness, headache, irritation of the throat and lungs, loss of consciousness and death at high concentrations (for example, if used in a poorly ventilated room). Avoid Skin Contact. Contact with liquid causes skin and eye irritation. X. Common Operations and Controls The following list includes some common operations in which exposure to MC may occur and control methods
which may be effective in each case: |
||
| Operations |
Controls | |
Use as solvent in paint and varnish removers cold cleaning and ultrasonic cleaning, and as a solvent in furniture stripping. |
General dilution ventilation; local; manufacture of aerosols; cold cleaning exhaust ventilation; personal protective equipment; substitution. |
|
| Use as solvent in vapor degreasing. | Process enclosure; local exhaust ventilation; chilling coils; substitution. | |
| Use as a secondary refrigerant in air scientific testing. | General dilution ventilation; local conditioning and exhaust ventilation; personal protective equipment. | |
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 97-18-062, 296-62-07473, filed 9/2/97, effective 12/1/97.]
(2) Definitions. The following definitions are applicable to this section:
(a) Clean - the absence of dirt or materials which may be harmful to a worker's health.
(b) Large seedlings - those seedlings of such size, either by length or breadth, that it is difficult to avoid contact of the thiram treated plant with the mouth or face during planting operations.
(3) General requirements.
(a) Workers should not be allowed to work more than five days in any seven day period with or around the application of thiram or thiram treated seedlings.
(b) Washing and worker hygiene.
(i) Workers shall wash their hands prior to eating or smoking at the close of work.
(ii) Warm (at least 85F, 29.4C) wash water and single use hand wiping materials shall be provided for washing.
(iii) The warm water and hand wiping materials shall be at fixed work locations or at the planting unit.
(iv) Where warm water is not available within 15 minutes travel time, nonalcoholic based waterless hand cleaner shall be provided.
(v) Every planter or nursery worker shall be advised to bathe or shower daily.
(vi) The inside of worker carrying vehicles shall be washed or vacuumed and wiped down at least weekly during the period of thiram use.
(c) Personal protective measures.
(i) Clothing shall be worn by workers to reduce skin contact with thiram to the legs, arms and torso.
(ii) For those workers who have thiram skin irritations, exposed areas of the body shall be protected by a suitable barrier cream.
(iii) Clothing worn by workers shall be washed or changed at least every other day.
(iv) Only impervious gloves may be worn by workers.
(v) Workers hands should be clean of thiram before placing them into gloves.
(vi) Thiram applicators shall be provided with and use respiratory protection in accordance with WAC 296-62-071, disposable coveralls or rubber slickers or other impervious clothing, rubberized boots, head covers and rubberized gloves.
(vii) Nursery workers, other than applicators, who are
likely to be exposed to thiram shall be provided with and use
disposable coveralls or rubber slickers or other impervious
clothing, impervious footwear and gloves, and head covers in
accordance with WAC ((296-24-075)) 296-800-160, unless showers
have been provided and are used.
(viii) Eye protection according to WAC ((296-24-078))
296-800-160, shall be provided and worn by workers who may be
exposed to splashes of thiram during spraying, plug bundling,
belt line grading and plugging or other operations.
(ix) Item (viii) of this subdivision need not be complied with where pressurized emergency eye wash fountains are within 10 seconds travel time of the work location. (Approved respirator - see WAC 296-62-071.)
(x) A dust mask shall be worn, when planting large seedlings, to avoid mouth and face contact with the thiram treated plant unless equally effective measures or planting practices have been established.
(d) Food handling.
(i) Food snacks, beverages, smoking materials, or any other item which is consumed shall not be stored or consumed in the packing area of the nursery.
(ii) Worker carrying vehicles shall have a clean area for carrying lunches.
(iii) The clean area of the vehicle shall be elevated from the floor and not used to carry other than food or other consumable items.
(iv) The carrying of lunches, food or other consumable items in tree planting bags is prohibited.
(v) Care shall be taken to insure that worker exposure to thiram spray, including downwind driftings, is minimized or eliminated.
(vi) When bags that contained thiram or thiram treated seedlings are burned, prevent worker exposure to the smoke.
(e) Thiram use and handling.
(i) Thiram treated seedlings shall be allowed to dry or stabilize prior to packing.
(ii) Seedlings shall be kept moist during packing and whenever possible during planting operations.
(iii) Floors, where thiram is used, shall not be dry swept but instead vacuumed, washed or otherwise cleaned at least daily.
(iv) Silica chips used to cover thiram treated seedling plugs shall be removed at the nursery.
(f) Training.
(i) Each worker engaged in operations where exposure to thiram may occur shall be provided training on the hazards of thiram, as well as the necessary precautions for its safe use and handling.
(ii) The training shall include instruction in:
(A) The nature of the health hazard(s) from exposure to thiram including specifically the potential for alcohol intolerance, drug interaction, and skin irritation;
(B) The specific nature of operations which could result in exposure to thiram and the necessary protective steps;
(C) The purpose for, proper use, and limitations of protective devices including respirators and clothing;
(D) The necessity for and requirements of good personal hygiene; and
(E) A review of the thiram rules at the worker's first training and indoctrination, and annually thereafter.
(4) Effective date. This standard shall become effective 30 days after being filed with the code reviser.
[Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-16-016 (Order 81-19), 296-62-07519, filed 7/27/81.]
(a) This section applies to all occupational exposure to lead, except as provided in subdivision (1)(b).
(b) This section does not apply to the construction industry or to agricultural operations covered by chapter 296-306 WAC.
(2) Definitions as applicable to this part.
(a) "Action level" - employee exposure, without regard to the use of respirators, to an airborne concentration of lead of thirty micrograms per cubic meter of air (30 g/m3) averaged over an eight-hour period.
(b) "Director" - the director of the department of labor and industries.
(c) "Lead" - metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.
(3) General requirements.
(a) Employers will assess the hazards of lead in the work place and provide information to the employees about the hazards of the lead exposures to which they may be exposed.
(b) Information provided shall include:
(i) Exposure monitoring (including employee notification);
(ii) Written compliance programs;
(iii) Respiratory protection programs;
(iv) Personnel protective equipment and housekeeping;
(v) Medical surveillance and examinations;
(vi) Training requirements;
(vii) Recordkeeping requirements.
(4) Permissible exposure limit (PEL).
(a) The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 g/m3) averaged over an eight-hour period.
(b) If an employee is exposed to lead for more than eight hours in any work day, the permissible exposure limit, as a time weighted average (TWA) for that day, shall be reduced according to the following formula:
Maximum permissible limit (in g/m3)= 400
hours worked in the day.
(c) When respirators are used to supplement engineering and
work practice controls to comply with the PEL and all the
requirements of subsection (7) have been met, employee exposure,
for the purpose of determining whether the employer has complied
with the PEL, may be considered to be at the level provided by
the protection factor of the respirator for those periods the
respirator is worn. Those periods may be averaged with exposure
levels during periods when respirators are not worn to determine
the employee's daily TWA exposure.
(5) Exposure monitoring.
(a) General.
(i) For the purposes of subsection (5), employee exposure is that exposure which would occur if the employee were not using a respirator.
(ii) With the exception of monitoring under subdivision (5)(c), the employer shall collect full shift (for at least seven continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.
(iii) Full shift personal samples shall be representative of the monitored employee's regular, daily exposure to lead.
(b) Initial determination. Each employer who has a workplace or work operation covered by this standard shall determine if any employee may be exposed to lead at or above the action level.
(c) Basis of initial determination.
(i) The employer shall monitor employee exposures and shall base initial determinations on the employee exposure monitoring results and any of the following, relevant considerations:
(A) Any information, observations, or calculations which would indicate employee exposure to lead;
(B) Any previous measurements of airborne lead; and
(C) Any employee complaints of symptoms which may be attributable to exposure to lead.
(ii) Monitoring for the initial determination may be limited to a representative sample of the exposed employees who the employer reasonably believes are exposed to the greatest airborne concentrations of lead in the workplace.
(iii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy the requirement to monitor under item (5)(c)(i) if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.
(d) Positive initial determination and initial monitoring.
(i) Where a determination conducted under subdivision (5)(b) and (5)(c) of this section shows the possibility of any employee exposure at or above the action level, the employer shall conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.
(ii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy this requirement if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.
(e) Negative initial determination. Where a determination, conducted under subdivisions (5)(b) and (5)(c) of this section is made that no employee is exposed to airborne concentrations of lead at or above the action level, the employer shall make a written record of such determination. The record shall include at least the information specified in subdivision (5)(c) of this section and shall also include the date of determination, location within the worksite, and the name and social security number of each employee monitored.
(f) Frequency.
(i) If the initial monitoring reveals employee exposure to be below the action level the measurements need not be repeated except as otherwise provided in subdivision (5)(g) of this section.
(ii) If the initial determination or subsequent monitoring reveals employee exposure to be at or above the action level but below the permissible exposure limit the employer shall repeat monitoring in accordance with this subsection at least every six months. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subdivision (5)(g) of this section.
(iii) If the initial monitoring reveals that employee exposure is above the permissible exposure limit the employer shall repeat monitoring quarterly. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the PEL but at or above the action level at which time the employer shall repeat monitoring for that employee at the frequency specified in item (5)(f)(ii), except as otherwise provided in subdivision (5)(g) of this section.
(g) Additional monitoring. Whenever there has been a production, process, control or personnel change which may result in new or additional exposure to lead, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to lead, additional monitoring in accordance with this subsection shall be conducted.
(h) Employee notification.
(i) Within five working days after the receipt of monitoring results, the employer shall notify each employee in writing of the results which represent that employee's exposure.
(ii) Whenever the results indicate that the representative employee exposure, without regard to respirators, exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken or to be taken to reduce exposure to or below the permissible exposure limit.
(i) Accuracy of measurement. The employer shall use a method of monitoring and analysis which has an accuracy (to a confidence level of ninety-five percent) of not less than plus or minus twenty percent for airborne concentrations of lead equal to or greater than 30 g/m3.
(6) Methods of compliance.
(a) Engineering and work practice controls.
(i) Where any employee is exposed to lead above the permissible exposure limit for more than thirty days per year, the employer shall implement engineering and work practice controls (including administrative controls) to reduce and maintain employee exposure to lead in accordance with the implementation schedule in Table I below, except to the extent that the employer can demonstrate that such controls are not feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest feasible level and shall supplement them by the use of respiratory protection which complies with the requirements of subsection (7) of this section.
(ii) Where any employee is exposed to lead above the
permissible exposure limit, but for thirty days or less per year,
the employer shall implement engineering controls to reduce
exposures to 200 g/m3, but thereafter may implement any
combination of engineering, work practice (including
administrative controls), and respiratory controls to reduce and
maintain employee exposure to lead to or below 50 g/m3.
| Industry | Compliance dates:1 (50 g/m3) |
Lead chemicals, secondary copper smelting. Nonferrous foundries . . . . . . . . . . . . |
July 19, 1996 July 19, 1996.2 |
| Brass and bronze ingot manufacture. | 6 years.3 |
| 1 | Calculated by counting from the date the stay on implementation of subsection (6)(a) was lifted by the U.S. Court of Appeals for the District of Columbia, the number of years specified in the 1978 lead standard and subsequent amendments for compliance with the PEL of 50 g/m3 for exposure to airborne concentrations of lead levels for the particular industry. |
| 2 | Large nonferrous foundries (20 or more employees) are required to achieve the PEL of 50 g/m3 by means of engineering and work practice controls. Small nonferrous foundries (fewer than 20 employees) are required to achieve an 8-hour TWA of 75 g/m3 by such controls. |
| 3 | Expressed as the number of years from the date on which the Court lifts the stay on the implementation of subsection (6)(a) for this industry for employers to achieve a lead in air concentration of 75 g/m3. Compliance with subsection (6) in this industry is determined by a compliance directive that incorporates elements from the settlement agreement between OSHA and representatives of the industry. |
(c) Compliance program.
(i) Each employer shall establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, and interim levels if applicable, solely by means of engineering and work practice controls in accordance with the implementation schedule in subdivision (6)(a).
(ii) Written plans for these compliance programs shall include at least the following:
(A) A description of each operation in which lead is emitted; e.g., machinery used, material processed, controls in place, crew size, employee job responsibilities, operating procedures and maintenance practices;
(B) A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure to lead;
(C) A report of the technology considered in meeting the permissible exposure limit;
(D) Air monitoring data which documents the source of lead emissions;
(E) A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.;
(F) A work practice program which includes items required under subsections (8), (9) and (10) of this regulation;
(G) An administrative control schedule required by subdivision (6)(f), if applicable; and
(H) Other relevant information.
(iii) Written programs shall be submitted upon request to the director, and shall be available at the worksite for examination and copying by the director, any affected employee or authorized employee representatives.
(iv) Written programs shall be revised and updated at least every six months to reflect the current status of the program.
(d) Mechanical ventilation.
(i) When ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made at least every three months. Measurements of the system's effectiveness in controlling exposure shall be made within five days of any change in production, process, or control which might result in a change in employee exposure to lead.
(ii) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the employer shall assure that (A) the system has a high efficiency filter with reliable back-up filter; and (B) controls to monitor the concentration of lead in the return air and to bypass the recirculation system automatically if it fails are installed, operating, and maintained.
(e) Administrative controls. If administrative controls are used as a means of reducing employees TWA exposure to lead, the employer shall establish and implement a job rotation schedule which includes:
(i) Name or identification number of each affected employee;
(ii) Duration and exposure levels at each job or work station where each affected employee is located; and
(iii) Any other information which may be useful in assessing the reliability of administrative controls to reduce exposure to lead.
(7) Respiratory protection.
(a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(i) Period necessary to install or implement engineering or work-practice controls;
(ii) Work operations for which engineering and work-practice controls are not sufficient to reduce exposures to or below the permissible exposure limit;
(iii) Periods when an employee requests a respirator.
(b) Respirator program.
(i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).
(ii) If an employee has breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination as required by subsection (11)(c)(ii)(C) of this section to determine whether or not the employee can use a respirator while performing the required duty.
(c) Respirator selection.
(i) The employer must select the appropriate respirator or combination of respirators from Table II of this section.
(ii) The employer must provide a powered air-purifying respirator instead of the respirator specified in Table II of this section when an employee chooses to use this type of respirator and that such a respirator provides adequate protection to the employee.
Airborne Concentration of Lead or Condition of Use |
Required Respirator1 |
Not in excess of 0.5 mg/m3 (10X PEL). |
Half-mask, air-purifying respirator equipped with high efficiency filters.2,3 |
Not in excess of 2.5 mg/m3 (50X PEL). |
Full facepiece, air-purifying respirator with high efficiency filters.3 |
Not in excess of 50 mg/m3 (1000X PEL). |
(1) Any powered, air-purifying respirator with high efficiency filters3; or (2) Half-mask supplied-air respirator operated in positive-pressure mode.2 |
Not in excess of 100 mg/m3 (2000X PEL). |
Supplied-air respirators with full facepiece, hood, helmet, or suit, operated in positive pressure mode. |
Greater than 100 mg/m3, unknown concentration or fire fighting. |
Full facepiece, self-contained breathing apparatus operated in positive-pressure mode. |
Note: 1
Respirators specified for high concentrations can be used at lower
concentrations of lead.
2
Full facepiece is required if the lead aerosols cause eye or skin
irritation at the use concentrations.
3
A high efficiency particulate filter means 99.97 percent efficient
against 0.3 micron size particles.
(8) Protective work clothing and equipment.
(a) Provision and use. If an employee is exposed to lead above the PEL, without regard to the use of respirators or where the possibility of skin or eye irritation exists, the employer shall provide at no cost to the employee and assure that the employee uses appropriate protective work clothing and equipment such as, but not limited to:
(i) Coveralls or similar full-body work clothing;
(ii) Gloves, hats, and shoes or disposable shoe coverlets; and
(iii) Face shields, vented goggles, or other appropriate
protective equipment which complies with WAC ((296-24-078))
296-800-160.
(b) Cleaning and replacement.
(i) The employer shall provide the protective clothing required in subdivision (8)(a) of this section in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to a respirator are over 200 g/m3 of lead as an eight-hour TWA.
(ii) The employer shall provide for the cleaning, laundering, or disposal of protective clothing and equipment required by subdivision (8)(a) of this section.
(iii) The employer shall repair or replace required protective clothing and equipment as needed to maintain their effectiveness.
(iv) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change rooms provided for that purpose as prescribed in subdivision (10)(b) of this section.
(v) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change-room which prevents dispersion of lead outside the container.
(vi) The employer shall inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.
(vii) The employer shall assure that the containers of contaminated protective clothing and equipment required by subdivision (8)(b)(v) are labeled as follows:
CAUTION: CLOTHING CONTAMINATED WITH LEAD.
DO NOT REMOVE DUST BY BLOWING OR SHAKING.
DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.
(viii) The employer shall prohibit the removal of lead from
protective clothing or equipment by blowing, shaking, or any
other means which disperses lead into the air.
(9) Housekeeping.
(a) Surfaces. All surfaces shall be maintained as free as practicable of accumulations of lead.
(b) Cleaning floors.
(i) Floors and other surfaces where lead accumulates may not be cleaned by the use of compressed air.
(ii) Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective.
(c) Vacuuming. Where vacuuming methods are selected, the vacuums shall be used and emptied in a manner which minimizes the reentry of lead into the workplace.
(10) Hygiene facilities and practices.
(a) The employer shall assure that in areas where employees are exposed to lead above the PEL, without regard to the use of respirators, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in change rooms, lunchrooms, and showers required under subdivision (10)(b) through (10)(d) of this section.
(b) Change rooms.
(i) The employer shall provide clean change rooms for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.
(ii) The employer shall assure that change rooms are equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross-contamination.
(c) Showers.
(i) The employer shall assure that employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators, shower at the end of the work shift.
(ii) The employer shall provide shower facilities in accordance with WAC 296-24-12009.
(iii) The employer shall assure that employees who are required to shower pursuant to item (10)(c)(i) do not leave the workplace wearing any clothing or equipment worn during the work shift.
(d) Lunchrooms.
(i) The employer shall provide lunchroom facilities for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.
(ii) The employer shall assure that lunchroom facilities have a temperature controlled, positive pressure, filtered air supply, and are readily accessible to employees.
(iii) The employer shall assure that employees who work in areas where their airborne exposure to lead is above the PEL without regard to the use of a respirator wash their hands and face prior to eating, drinking, smoking or applying cosmetics.
(iv) The employer shall assure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface lead dust has been removed by vacuuming, downdraft booth, or other cleaning method.
(e) Lavatories. The employer shall provide an adequate
number of lavatory facilities which comply with WAC
((296-24-12009 (1) and (2))) 296-800-230.
(11) Medical surveillance.
(a) General.
(i) The employer shall institute a medical surveillance program for all employees who are or may be exposed above the action level for more than thirty days per year.
(ii) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician.
(iii) The employer shall provide the required medical surveillance including multiple physician review under item (11)(c)(iii) without cost to employees and at a reasonable time and place.
(b) Biological monitoring.
(i) Blood lead and ZPP level sampling and analysis. The employer shall make available biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under item (11)(a)(i) of this section on the following schedule:
(A) At least every six months to each employee covered under item (11)(a)(i) of this section;
(B) At least every two months for each employee whose last blood sampling and analysis indicated a blood lead level at or above 40 g/100 g of whole blood. This frequency shall continue until two consecutive blood samples and analyses indicate a blood lead level below 40 g/100 g of whole blood; and
(C) At least monthly during the removal period of each employee removed from exposure to lead due to an elevated blood lead level.
(ii) Follow-up blood sampling tests. Whenever the results of a blood lead level test indicate that an employee's blood lead level exceeds the numerical criterion for medical removal under item (12)(a)(i)(A), the employer shall provide a second (follow-up) blood sampling test within two weeks after the employer receives the results of the first blood sampling test.
(iii) Accuracy of blood lead level sampling and analysis. Blood lead level sampling and analysis provided pursuant to this section shall have an accuracy (to a confidence level of ninety-five percent) within plus or minus fifteen percent or 6 g/100 ml, whichever is greater, and shall be conducted by a laboratory licensed by the Center for Disease Control (CDC), United States Department of Health, Education and Welfare or which has received a satisfactory grade in blood lead proficiency testing from CDC in the prior twelve months.
(iv) Employee notification. Within five working days after the receipt of biological monitoring results, the employer shall notify in writing each employee whose blood lead level exceeds 40 g/100 g: (A) of that employee's blood lead level and (B) that the standard requires temporary medical removal with medical removal protection benefits when an employee's blood lead level exceeds the numerical criterion for medical removal under item (12)(a)(i) of this section.
(c) Medical examinations and consultations.
(i) Frequency. The employer shall make available medical examinations and consultations to each employee covered under item (11)(a)(i) of this section on the following schedule:
(A) At least annually for each employee for whom a blood sampling test conducted at any time during the preceding twelve months indicated a blood lead level at or above 40 g/100 g;
(B) Prior to assignment for each employee being assigned for the first time to an area in which airborne concentrations of lead are at or above the action level;
(C) As soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during use; and
(D) As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a final medical determination.
(ii) Content. Medical examinations made available pursuant to subitems (11)(c)(i)(A) through (B) of this section shall include the following elements:
(A) A detailed work history and a medical history, with particular attention to past lead exposure (occupational and nonoccupational), personal habits (smoking, hygiene), and past gastrointestinal, hematologic, renal, cardiovascular, reproductive and neurological problems;
(B) A thorough physical examination, with particular attention to teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and neurological systems. Pulmonary status should be evaluated if respiratory protection will be used;
(C) A blood pressure measurement;
(D) A blood sample and analysis which determines:
(I) Blood lead level;
(II) Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology;
(III) Zinc protoporphyrin;
(IV) Blood urea nitrogen; and
(V) Serum creatinine;
(E) A routine urinalysis with microscopic examination; and
(F) Any laboratory or other test which the examining physician deems necessary by sound medical practice.
The content of medical examinations made available pursuant to subitems (11)(c)(i)(C) through (D) of this section shall be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility.
(iii) Multiple physician review mechanism.
(A) If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under this section, the employee may designate a second physician:
(I) To review any findings, determinations or recommendations of the initial physician; and
(II) To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.
(B) The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen days after receipt of the foregoing notification, or receipt of the initial physician's written opinion, whichever is later:
(I) The employee informing the employer that he or she intends to seek a second medical opinion, and
(II) The employee initiating steps to make an appointment with a second physician.
(C) If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve any disagreement.
(D) If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians shall designate a third physician:
(I) To review any findings, determinations or recommendations of the prior physicians; and
(II) To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.
(E) The employer shall act consistent with the findings, determinations and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.
(iv) Information provided to examining and consulting physicians.
(A) The employer shall provide an initial physician conducting a medical examination or consultation under this section with the following information:
(I) A copy of this regulation for lead including all appendices;
(II) A description of the affected employee's duties as they relate to the employee's exposure;
(III) The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable);
(IV) A description of any personal protective equipment used or to be used;
(V) Prior blood lead determinations; and
(VI) All prior written medical opinions concerning the employee in the employer's possession or control.
(B) The employer shall provide the foregoing information to a second or third physician conducting a medical examination or consultation under this section upon request either by the second or third physician, or by the employee.
(v) Written medical opinions.
(A) The employer shall obtain and furnish the employee with a copy of a written medical opinion from each examining or consulting physician which contains the following information:
(I) The physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to lead;
(II) Any recommended special protective measures to be provided to the employee, or limitations to be placed upon the employee's exposure to lead;
(III) Any recommended limitation upon the employee's use of respirators, including a determination of whether the employee can wear a powered air purifying respirator if a physician determines that the employee cannot wear a negative pressure respirator; and
(IV) The results of the blood lead determinations.
(B) The employer shall instruct each examining and consulting physician to:
(I) Not reveal either in the written opinion, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to an employee's occupational exposure to lead; and
(II) Advise the employee of any medical condition, occupational or nonoccupational, which dictates further medical examination or treatment.
(vi) Alternate physician determination mechanisms. The employer and an employee or authorized employee representative may agree upon the use of any expeditious alternate physician determination mechanism in lieu of the multiple physician review mechanism provided by this subsection so long as the alternate mechanism otherwise satisfies the requirements contained in this subsection.
(d) Chelation.
(i) The employer shall assure that any person whom he retains, employs, supervises or controls does not engage in prophylactic chelation of any employee at any time.
(ii) If therapeutic or diagnostic chelation is to be performed by any person in item (11)(d)(i), the employer shall assure that it be done under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence.
(12) Medical removal protection.
(a) Temporary medical removal and return of an employee.
(i) Temporary removal due to elevated blood lead levels.
(A) The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test conducted pursuant to this section indicate that the employee's blood lead level is at or above 60 g/100 g of whole blood; and
(B) The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that the average of the last three blood sampling tests conducted pursuant to this section (or the average of all blood sampling tests conducted over the previous six months, whichever is longer) indicates that the employee's blood lead level is at or above 50 g/100 g of whole blood; provided, however, that an employee need not be removed if the last blood sampling test indicates a blood lead level at or below 40 g/100 g of whole blood.
(ii) Temporary removal due to a final medical determination.
(A) The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.
(B) For the purposes of this section, the phrase "final medical determination" shall mean the outcome of the multiple physician review mechanism or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section.
(C) Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to lead, the employer shall implement and act consistent with the recommendation.
(iii) Return of the employee to former job status.
(A) The employer shall return an employee to his or her former job status:
(I) For an employee removed due to a blood lead level at or above 60 g/100 g, or due to an average blood lead level at or above 50 g/100 g, when two consecutive blood sampling tests indicate that the employee's blood lead level is at or below 40 g/100 g of whole blood;
(II) For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.
(B) For the purposes of this section, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.
(iv) Removal of other employee special protective measure or limitations. The employer shall remove any limitations placed on an employee or end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary.
(v) Employer options pending a final medical determination. Where the multiple physician review mechanism, or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer shall act as follows:
(A) Removal. The employer may remove the employee from exposure to lead, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status.
(B) Return. The employer may return the employee to his or her former job status, end any special protective measures provided to the employee, and remove any limitations placed upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions. If:
(I) The initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician; or
(II) The employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, then the employer shall await a final medical determination.
(b) Medical removal protection benefits.
(i) Provision of medical removal protection benefits. The employer shall provide to an employee up to eighteen months of medical removal protection benefits on each occasion that an employee is removed from exposure to lead or otherwise limited pursuant to this section.
(ii) Definition of medical removal protection benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer shall maintain the earnings, seniority and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to lead or otherwise limited.
(iii) Follow-up medical surveillance during the period of employee removal or limitation. During the period of time that an employee is removed from normal exposure to lead or otherwise limited, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.
(iv) Workers' compensation claims. If a removed employee files a claim for workers' compensation payments for a lead-related disability, then the employer shall continue to provide medical removal protection benefits pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the employer's medical removal protection obligation shall be reduced by such amount. The employer shall receive no credit for workers' compensation payments received by the employee for treatment related expenses.
(v) Other credits. The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program, or receives income from employment with another employer made possible by virtue of the employee's removal.
(vi) Employees whose blood lead levels do not adequately decline within eighteen months of removal. The employer shall take the following measures with respect to any employee removed from exposure to lead due to an elevated blood lead level whose blood lead level has not declined within the past eighteen months of removal so that the employee has been returned to his or her former job status:
(A) The employer shall make available to the employee a medical examination pursuant to this section to obtain a final medical determination with respect to the employee;
(B) The employer shall assure that the final medical determination obtained indicates whether or not the employee may be returned to his or her former job status, and if not, what steps should be taken to protect the employee's health;
(C) Where the final medical determination has not yet been obtained, or once obtained indicates that the employee may not yet be returned to his or her former job status, the employer shall continue to provide medical removal protection benefits to the employee until either the employee is returned to former job status, or a final medical determination is made that the employee is incapable of ever safely returning to his or her former job status.
(D) Where the employer acts pursuant to a final medical determination which permits the return of the employee to his or her former job status despite what would otherwise be an unacceptable blood lead level, later questions concerning removing the employee again shall be decided by a final medical determination. The employer need not automatically remove such an employee pursuant to the blood lead level removal criteria provided by this section.
(vii) Voluntary removal or restriction of an employee. Where an employer, although not required by this section to do so, removes an employee from exposure to lead or otherwise places limitations on an employee due to the effects of lead exposure on the employee's medical condition, the employer shall provide medical removal protection benefits to the employee equal to that required by item (12)(b)(i) of this section.
(13) Employee information and training.
(a) Training program.
(i) Each employer who has a workplace in which there is a potential exposure to airborne lead at any level shall inform employees of the content of Appendices A and B of this regulation.
(ii) The employer shall institute a training program for and assure the participation of all employees who are subject to exposure to lead at or above the action level or for whom the possibility of skin or eye irritation exists.
(iii) The employer shall provide initial training by one hundred eighty days from the effective date for those employees covered by item (13)(a)(ii) on the standard's effective date and prior to the time of initial job assignment for those employees subsequently covered by this subsection.
(iv) The training program shall be repeated at least annually for each employee.
(v) The employer shall assure that each employee is informed of the following:
(A) The content of this standard and its appendices;
(B) The specific nature of the operations which could result in exposure to lead above the action level;
(C) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by chapter 296-62 WAC, Part E;
(D) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females);
(E) The engineering controls and work practices associated with the employee's job assignment;
(F) The contents of any compliance plan in effect; and
(G) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician.
(b) Access to information and training materials.
(i) The employer shall make readily available to all affected employees a copy of this standard and its appendices.
(ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.
(iii) In addition to the information required by item (13)(a)(v), the employer shall include as part of the training program, and shall distribute to employees, any materials pertaining to the Occupational Safety and Health Act, the regulations issued pursuant to the act, and this lead standard, which are made available to the employer by the director.
(14) Signs.
(a) General.
(i) The employer may use signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs required by this subsection.
(ii) The employer shall assure that no statement appears on or near any sign required by this subsection which contradicts or detracts from the meaning of the required sign.
(b) Signs.
(i) The employer shall post the following warning signs in
each work area where the PEL is exceeded:
LEAD WORK AREA
POISON
NO SMOKING OR EATING
(15) Recordkeeping.
(a) Exposure monitoring.
(i) The employer shall establish and maintain an accurate record of all monitoring required in subsection (5) of this section.
(ii) This record shall include:
(A) The date(s), number, duration, location and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure where applicable;
(B) A description of the sampling and analytical methods used and evidence of their accuracy;
(C) The type of respiratory protective devices worn, if any;
(D) Name, social security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent; and
(E) The environmental variables that could affect the measurement of employee exposure.
(iii) The employer shall maintain these monitoring records for at least forty years or for the duration of employment plus twenty years, whichever is longer.
(b) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (11) of this section.
(ii) This record shall include:
(A) The name, social security number, and description of the duties of the employee;
(B) A copy of the physician's written opinions;
(C) Results of any airborne exposure monitoring done for that employee and the representative exposure levels supplied to the physician; and
(D) Any employee medical complaints related to exposure to lead.
(iii) The employer shall keep, or assure that the examining physician keeps, the following medical records:
(A) A copy of the medical examination results including medical and work history required under subsection (11) of this section;
(B) A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information; and
(C) A copy of the results of biological monitoring.
(iv) The employer shall maintain or assure that the physician maintains those medical records for at least forty years, or for the duration of employment plus twenty years, whichever is longer.
(c) Medical removals.
(i) The employer shall establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to subsection (12) of this section.
(ii) Each record shall include:
(A) The name and social security number of the employee;
(B) The date on each occasion that the employee was removed from current exposure to lead as well as the corresponding date on which the employee was returned to his or her former job status;
(C) A brief explanation of how each removal was or is being accomplished; and
(D) A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level.
(iii) The employer shall maintain each medical removal record for at least the duration of an employee's employment.
(d) Availability.
(i) The employer shall make available upon request all records required to be maintained by subsection (15) of this section to the director for examination and copying.
(ii) Environmental monitoring, medical removal, and medical records required by this subsection shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217. Medical removal records shall be provided in the same manner as environmental monitoring records.
(iii) Upon request, the employer shall make an employee's medical records required to be maintained by this section available to the affected employee or former employee or to a physician or other individual designated by such affected employee or former employees for examination and copying.
(e) Transfer of records.
(i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by subsection (15) of this section.
(ii) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to the director.
(iii) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the director at least three months prior to the disposal of such records and shall transmit those records to the director if requested within the period.
(iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.
(16) Observation of monitoring.
(a) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to lead conducted pursuant to subsection (5) of this section.
(b) Observation procedures.
(i) Whenever observation of the monitoring of employee exposure to lead requires entry into an area where the use of respirators, protective clothing or equipment is required, the employer shall provide the observer with and assure the use of such respirators, clothing and such equipment, and shall require the observer to comply with all other applicable safety and health procedures.
(ii) Without interfering with the monitoring, observers shall be entitled to:
(A) Receive an explanation of the measurement procedures;
(B) Observe all steps related to the monitoring of lead performed at the place of exposure; and
(C) Record the results obtained or receive copies of the results when returned by the laboratory.
(17) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.
(a) Appendix A. Substance Data Sheet for Occupational Exposure to Lead.
(i) Substance identification.
(A) Substance. Pure lead (Pb) is a heavy metal at room temperature and pressure and is a basic chemical element. It can combine with various other substances to form numerous lead compounds.
(B) Compounds covered by the standard. The word "lead" when used in this standard means elemental lead, all inorganic lead compounds (except those which are not biologically available due to either solubility or specific chemical interaction), and a class of organic lead compounds called lead soaps. This standard does not apply to other organic lead compounds.
(C) Uses. Exposure to lead occurs in at least 120 different occupations, including primary and secondary lead smelting, lead storage battery manufacturing, lead pigment manufacturing and use, solder manufacturing and use, shipbuilding and ship repairing, auto manufacturing, and printing.
(D) Permissible exposure. The Permissible Exposure Limit (PEL) set by the standard is 50 micrograms of lead per cubic meter of air (50 g/m3), averaged over an eight-hour work day.
(E) Action level. The standard establishes an action level of 30 micrograms per cubic meter of air (30 g/m3) time weighted average, based on an eight-hour work day. The action level initiates several requirements of the standard, such as exposure monitoring, medical surveillance, and training and education.
(ii) Health hazard data.
(A) Ways in which lead enters your body.
(I) When absorbed into your body in certain doses lead is a toxic substance. The object of the lead standard is to prevent absorption of harmful quantities of lead. The standard is intended to protect you not only from the immediate toxic effects of lead, but also from the serious toxic effects that may not become apparent until years of exposure have passed.
(II) Lead can be absorbed into your body by inhalation (breathing) and ingestion (eating). Lead (except for certain organic lead compounds not covered by the standard, such as tetraethyl lead) is not absorbed through your skin. When lead is scattered in the air as a dust, fume or mist, it can be inhaled and absorbed through your lungs and upper respiratory tract. Inhalation of airborne lead is generally the most important source of occupational lead absorption. You can also absorb lead through your digestive system if lead gets into your mouth and is swallowed. If you handle food, cigarettes, chewing tobacco, or make-up which have lead on them or handle them with hands contaminated with lead, this will contribute to ingestion.
(III) A significant portion of the lead that you inhale or ingest gets into your blood stream. Once in your blood stream lead is circulated throughout your body and stored in various organs and body tissues. Some of this lead is quickly filtered out of your body and excreted, but some remains in your blood and other tissue. As exposure to lead continues, the amount stored in your body will increase if you are absorbing more lead than your body is excreting. Even though you may not be aware of any immediate symptoms of disease, this lead stored in your tissues can be slowly causing irreversible damage, first to individual cells, then to your organs and whole body systems.
(B) Effects of overexposure to lead.
(I) Short-term (acute) overexposure. Lead is a potent, systemic poison that serves no known useful function once absorbed by your body. Taken in large enough doses, lead can kill you in a matter of days. A condition affecting the brain called acute encephalopathy may arise which develops quickly to seizures, coma, and death from cardiorespiratory arrest. A short-term dose of lead can lead to acute encephalopathy. Short-term occupational exposures of this magnitude are highly unusual, but not impossible. Similar forms of encephalopathy may, however arise from extended, chronic exposure to lower doses of lead. There is no sharp dividing line between rapidly developing acute effects of lead, and chronic effects which take longer to acquire. Lead adversely affects numerous body systems, and causes forms of health impairment and disease which arise after periods of exposure as short as days or as long as several years.
(II) Long-term (chronic) overexposure.
a) Chronic overexposure to lead may result in severe damage to your blood-forming, nervous, urinary and reproductive systems. Some common symptoms of chronic overexposure include loss of appetite, metallic taste in the mouth, anxiety, constipation, nausea, pallor, excessive tiredness, weakness, insomnia, headache, nervous irritability, muscle and joint pain or soreness, fine tremors, numbness, dizziness, hyperactivity and colic. In lead colic there may be severe abdominal pain.
b) Damage to the central nervous system in general and the brain (encephalopathy) in particular is one of the most severe forms of lead poisoning. The most severe, often fatal, form of encephalopathy may be preceded by vomiting, a feeling of dullness progressing to drowsiness and stupor, poor memory, restlessness, irritability, tremor, and convulsions. It may arise suddenly with the onset of seizures, followed by coma, and death. There is a tendency for muscular weakness to develop at the same time. This weakness may progress to paralysis often observed as a characteristic "wrist drop" or "foot drop" and is a manifestation of a disease to the nervous system called peripheral neuropathy.
c) Chronic overexposure to lead also results in kidney disease with few, if any, symptoms appearing until extensive and most likely permanent kidney damage has occurred. Routine laboratory tests reveal the presence of this kidney disease only after about two-thirds of kidney function is lost. When overt symptoms of urinary dysfunction arise, it is often too late to correct or prevent worsening conditions, and progression of kidney dialysis or death is possible.
d) Chronic overexposure to lead impairs the reproductive systems of both men and women. Overexposure to lead may result in decreased sex drive, impotence and sterility in men. Lead can alter the structure of sperm cells raising the risk of birth defects. There is evidence of miscarriage and stillbirth in women whose husbands were exposed to lead or who were exposed to lead themselves. Lead exposure also may result in decreased fertility, and abnormal menstrual cycles in women. The course of pregnancy may be adversely affected by exposure to lead since lead crosses the placental barrier and poses risks to developing fetuses. Children born of parents either one of whom were exposed to excess lead levels are more likely to have birth defects, mental retardation, behavioral disorders or die during the first year of childhood.
e) Overexposure to lead also disrupts the blood-forming system resulting in decreased hemoglobin (the substance in the blood that carries oxygen to the cells) and ultimately anemia. Anemia is characterized by weakness, pallor and fatigability as a result of decreased oxygen carrying capacity in the blood.
(III) Health protection goals of the standard.
a) Prevention of adverse health effects for most workers from exposure to lead throughout a working lifetime requires that worker blood lead (PbB) levels be maintained at or below forty micrograms per one hundred grams of whole blood (40 g/100g). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 g/100g to minimize adverse reproductive health effects to the parents and to the developing fetus.
b) The measurement of your blood lead level is the most useful indicator of the amount of lead absorbed by your body. Blood lead levels (PbB) are most often reported in units of milligrams (mg) or micrograms (g) of lead (1 mg=1000 g) per 100 grams (100g), 100 milliliters (100 ml) or deciliter (dl) of blood. These three units are essentially the same. Sometimes PbB's are expressed in the form of mg% or g%. This is a shorthand notation for 100g, 100ml, or dl.
c) PbB measurements show the amount of lead circulating in your blood stream, but do not give any information about the amount of lead stored in your various tissues. PbB measurements merely show current absorption of lead, not the effect that lead is having on your body or the effects that past lead exposure may have already caused. Past research into lead-related diseases, however, has focused heavily on associations between PbBs and various diseases. As a result, your PbB is an important indicator of the likelihood that you will gradually acquire a lead-related health impairment or disease.
d) Once your blood lead level climbs above 40 g/100g, your risk of disease increases. There is a wide variability of individual response to lead, thus it is difficult to say that a particular PbB in a given person will cause a particular effect. Studies have associated fatal encephalopathy with PbBs as low as 150 g/100g. Other studies have shown other forms of disease in some workers with PbBs well below 80 g/100g. Your PbB is a crucial indicator of the risks to your health, but one other factor is extremely important. This factor is the length of time you have had elevated PbBs. The longer you have an elevated PbB, the greater the risk that large quantities of lead are being gradually stored in your organs and tissues (body burden). The greater your overall body burden, the greater the chances of substantial permanent damage.
e) The best way to prevent all forms of lead-related impairments and diseases -- both short-term and long-term -- is to maintain your PbB below 40 g/100g. The provisions of the standard are designed with this end in mind. Your employer has prime responsibility to assure that the provisions of the standard are complied with both by the company and by individual workers. You as a worker, however, also have a responsibility to assist your employer in complying with the standard. You can play a key role in protecting your own health by learning about the lead hazards and their control, learning what the standard requires, following the standard where it governs your own action, and seeing that your employer complies with the provisions governing his actions.
(IV) Reporting signs and symptoms of health problems. You should immediately notify your employer if you develop signs or symptoms associated with lead poisoning or if you desire medical advice concerning the effects of current or past exposure to lead on your ability to have a healthy child. You should also notify your employer if you have difficulty breathing during a respirator fit test or while wearing a respirator. In each of these cases your employer must make available to you appropriate medical examinations or consultations. These must be provided at no cost to you and at a reasonable time and place.
(b) Appendix B. Employee Standard Summary. This appendix summarizes key provisions of the standard that you as a worker should become familiar with. The appendix discusses the entire standard.
(i) Permissible exposure limit (PEL). The standard sets a permissible exposure limit (PEL) of fifty micrograms of lead per cubic meter of air (50 g/m3), averaged over and eight-hour workday. This is the highest level of lead in air to which you may be permissibly exposed over an eight-hour workday. Since it is an eight-hour average it permits short exposures above the PEL so long as for each eight-hour workday your average exposure does not exceed the PEL.
(ii) Exposure monitoring.
(A) If lead is present in the work place where you work in any quantity, your employer is required to make an initial determination of whether the action level is exceeded for any employee. The initial determination must include instrument monitoring of the air for the presence of lead and must cover the exposure of a representative number of employees who are reasonably believed to have the highest exposure levels. If your employer has conducted appropriate air sampling for lead in the past year he may use these results. If there have been any employee complaints of symptoms which may be attributable to exposure to lead or if there is any other information or observations which would indicate employee exposure to lead, this must also be considered as part of the initial determination. If this initial determination shows that a reasonable possibility exists that any employee may be exposed, without regard to respirators, over the action level (30 g/m3) your employer must set up an air monitoring program to determine the exposure level of every employee exposed to lead at your work place.
(B) In carrying out this air monitoring program, your employer is not required to monitor the exposure of every employee, but he or she must monitor a representative number of employees and job types. Enough sampling must be done to enable each employee's exposure level to be reasonably represented by at least one full shift (at least seven hours) air sample. In addition, these air samples must be taken under conditions which represent each employee's regular, daily exposure to lead.
(C) If you are exposed to lead and air sampling is performed, your employer is required to quickly notify you in writing of air monitoring results which represent your exposure. If the results indicate your exposure exceeds the PEL (without regard to your use of respirators), then your employer must also notify you of this in writing, and provide you with a description of the corrective action that will be taken to reduce your exposure.
(D) Your exposure must be rechecked by monitoring every six months if your exposure is over the action level but below the PEL. Air monitoring must be repeated every three months if you are exposed over the PEL. Your employer may discontinue monitoring for you if two consecutive measurements, taken at least two weeks apart, are below the action level. However, whenever there is a production, process, control, or personnel change at your work place which may result in new or additional exposure to lead, or whenever there is any other reason to suspect a change which may result in new or additional exposure to lead, your employer must perform additional monitoring.
(iii) Methods of compliance. Your employer is required to assure that no employee is exposed to lead in excess of the PEL. The standard establishes a priority of methods to be used to meet the PEL.
(iv) Respiratory protection.
(A) Your employer is required to provide and assure your use of respirators when your exposure to lead is not controlled below the PEL by other means. The employer must pay the cost of the respirator. Whenever you request one, your employer is also required to provide you a respirator even if your air exposure level does not exceed the PEL. You might desire a respirator when, for example, you have received medical advice that your lead absorption should be decreased. Or, you may intend to have children in the near future, and want to reduce the level of lead in your body to minimize adverse reproductive effects. While respirators are the least satisfactory means of controlling your exposure, they are capable of providing significant protection if properly chosen, fitted, worn, cleaned, maintained, and replaced when they stop providing adequate protection.
(B) Your employer is required to select respirators from the seven types listed in Table II of the respiratory protection section of this standard (see subsection (7)(c) of this section). Any respirator chosen must be certified by the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 42 CFR part 84. This respirator selection table will enable your employer to choose a type of respirator which will give you a proper amount of protection based on your airborne lead exposure. Your employer may select a type of respirator that provides greater protection than that required by the standard; that is, one recommended for a higher concentration of lead than is present in your work place. For example, a powered air purifying respirator (PAPR) is much more protective than a typical negative-pressure respirator, and may also be more comfortable to wear. A PAPR has a filter, cartridge or canister to clean the air, and a power source which continuously blows filtered air into your breathing zone. Your employer might make a PAPR available to you to ease the burden of having to wear a respirator for long periods of time. The standard provides that you can obtain a PAPR upon request.
(C) Your employer must also start a respiratory protection program. This program must include written procedures for the proper selection, use, cleaning, storage, and maintenance of respirators.
(D) Your employer must assure that your respirator facepiece fits properly. Proper fit of a respirator facepiece is critical to your protection against air borne lead. Obtaining a proper fit on each employee may require your employer to make available several different types of respirator masks. To ensure that your respirator fits properly and that facepiece leakage is minimal, your employer must give you either a qualitative or quantitative fit test as required in chapter 296-62 WAC, Part E.
(E) You must also receive from your employer proper training in the use of respirators. Your employer is required to teach you how to wear a respirator, to know why it is needed, and to understand its limitations.
(F) The standard provides that if your respirator uses filter elements, you must be given an opportunity to change the filter elements whenever an increase in breathing resistance is detected. You also must be permitted to periodically leave your work area to wash your face and respirator facepiece whenever necessary to prevent skin irritation. If you ever have difficulty breathing during a fit test or while using a respirator, your employer must make a medical examination available to you to determine whether you can safely wear a respirator. The result of this examination may be to give you a positive pressure respirator (which reduces breathing resistance) or to provide alternative means of protection.
(v) Protective work clothing and equipment. If you are exposed to lead above the PEL, or if you are exposed to lead compounds such as lead arsenate or lead azide which can cause skin and eye irritation, your employer must provide you with protective work clothing and equipment appropriate for the hazard. If work clothing is provided, it must be provided in a clean and dry condition at least weekly, and daily if your airborne exposure to lead is greater than 200 g/m3. Appropriate protective work clothing and equipment can include coveralls or similar full-body work clothing, gloves, hats, shoes or disposable shoe coverlets, and face shields or vented goggles. Your employer is required to provide all such equipment at no cost to you. He or she is responsible for providing repairs and replacement as necessary and also is responsible for the cleaning, laundering or disposal of protective clothing and equipment. Contaminated work clothing or equipment must be removed in change rooms and not worn home or you will extend your exposure and expose your family since lead from your clothing can accumulate in your house, car, etc. Contaminated clothing which is to be cleaned, laundered or disposed of must be placed in closed containers in the change room. At no time may lead be removed from protective clothing or equipment by any means which disperses lead into the work room air.
(vi) Housekeeping. Your employer must establish a housekeeping program sufficient to maintain all surfaces as free as practicable of accumulations of lead dust. Vacuuming is the preferred method of meeting this requirement, and the use of compressed air to clean floors and other surfaces is absolutely prohibited. Dry or wet sweeping, shoveling, or brushing may not be used except where vacuuming or other equally effective methods have been tried and do not work. Vacuums must be used and emptied in a manner which minimizes the reentry of lead into the work place.
(vii) Hygiene facilities and practices.
(A) The standard requires that change rooms, showers and filtered air lunchrooms be constructed and made available to workers exposed to lead above the PEL. When the PEL is exceeded, the employer must assure that food and beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in these facilities. Change rooms, showers and lunchrooms, must be used by workers exposed in excess of the PEL. After showering, no clothing or equipment worn during the shift may be worn home and this includes shoes and underwear. Your own clothing worn during the shift should be carried home and cleaned carefully so that it does not contaminate your home. Lunchrooms may not be entered with protective clothing or equipment unless surface dust has been removed by vacuuming, downdraft booth or other cleaning methods. Finally, workers exposed above the PEL must wash both their hands and faces prior to eating, drinking, smoking or applying cosmetics.
(B) All of the facilities and hygiene practices just discussed are essential to minimize additional sources of lead absorption from inhalation or ingestion of lead that may accumulate on you, your clothes or your possessions. Strict compliance with these provisions can virtually eliminate several sources of lead exposure which significantly contribute to excessive lead absorption.
(viii) Medical surveillance.
(A) The medical surveillance program is part of the standard's comprehensive approach to the prevention of lead-related disease. Its purpose is to supplement the main thrust of the standard which is aimed at minimizing airborne concentrations of lead and sources of ingestion. Only medical surveillance can determine if the other provisions of the standard have effectively protected you as an individual. Compliance with the standard's provision will protect most workers from the adverse effects of lead exposure, but may not be satisfactory to protect individual workers (I) who have high body burdens of lead acquired over past years, (II) who have additional uncontrolled sources of nonoccupational lead exposure, (III) who exhibit unusual variations in lead absorption rates, or (IV) who have specific nonwork related medical conditions which could be aggravated by lead exposure (e.g., renal disease, anemia). In addition, control systems may fail, or hygiene and respirator programs may be inadequate. Periodic medical surveillance of individual workers will help detect those failures. Medical surveillance will also be important to protect your reproductive ability - regardless of whether you are a man or a woman.
(B) All medical surveillance required by the standard must be performed by or under the supervision of a licensed physician. The employer must provide required medical surveillance without cost to employees and at a reasonable time and place. The standard's medical surveillance program has two parts - periodic biological monitoring, and medical examinations.
(C) Your employer's obligation to offer medical surveillance is triggered by the results of the air monitoring program. Medical surveillance must be made available to all employees who are exposed in excess of the action level for more than 30 days a year. The initial phase of the medical surveillance program, which included blood lead level tests and medical examinations, must be completed for all covered employees no later than 180 days from the effective date of this standard. Priority within this first round of medical surveillance must be given to employees whom the employer believes to be at greatest risk from continued exposure (for example, those with the longest prior exposure to lead, or those with the highest current exposure). Thereafter, the employer must periodically make medical surveillance - both biological monitoring and medical examinations - available to all covered employees.
(D) Biological monitoring under the standard consists of blood lead level (PbB) and zinc protoporphyrin tests at least every six months after the initial PbB test. A zinc protoporphyrin (ZPP) test is a very useful blood test which measures an effect of lead on your body. If a worker's PbB exceeds 40 g/100g, the monitoring frequency must be increased from every six months to at least every two months and not reduced until two consecutive PbBs indicate a blood lead level below 40 g/100g. Each time your PbB is determined to be over 40g/100g, your employer must notify you of this in writing within five working days of the receipt of the test results. The employer must also inform you that the standard requires temporary medical removal with economic protection when your PbB exceeds certain criteria (see Discussion of Medical Removal Protection - subsection (12)). During the first year of the standard, this removal criterion is 80 g/100g. Anytime your PbB exceeds 80 g/100g your employer must make available to you a prompt follow-up PbB test to ascertain your PbB. If the two tests both exceed 80 g/100g and you are temporarily removed, then your employer must make successive PbB tests available to you on a monthly basis during the period of your removal.
(E) Medical examinations beyond the initial one must be made available on an annual basis if your blood lead levels exceeds 40g/100g at any time during the preceding year. The initial examination will provide information to establish a baseline to which subsequent data can be compared. An initial medical examination must also be made available (prior to assignment) for each employee being assigned for the first time to an area where the airborne concentration of lead equals or exceeds the action level. In addition, a medical examination or consultation must be made available as soon as possible if you notify your employer that you are experiencing signs or symptoms commonly associated with lead poisoning or that you have difficulty breathing while wearing a respirator or during a respirator fit test. You must also be provided a medical examination or consultation if you notify your employer that you desire medical advice concerning the effects of current or past exposure to lead on your ability to procreate a healthy child.
(F) Finally, appropriate follow-up medical examinations or consultations may also be provided for employees who have been temporarily removed from exposure under the medical removal protection provisions of the standard (see item (ix) below).
(G) The standard specifies the minimum content of preassignment and annual medical examinations. The content of other types of medical examinations and consultations is left up to the sound discretion of the examining physician. Preassignment and annual medical examinations must include (I) a detailed work history and medical history, (II) a thorough physical examination, and (III) a series of laboratory tests designed to check your blood chemistry and your kidney function. In addition, at any time upon your request, a laboratory evaluation of male fertility will be made (microscopic examination of a sperm sample), or a pregnancy test will be given.
(H) The standard does not require that you participate in any of the medical procedures, tests, etc., which your employer is required to make available to you. Medical surveillance can, however, play a very important role in protecting your health. You are strongly encouraged, therefore, to participate in a meaningful fashion. Generally, your employer will choose the physician who conducts medical surveillance under the lead standard - unless you and your employer can agree on the choice of a physician or physicians. Some companies and unions have agreed in advance, for example, to use certain independent medical laboratories or panels of physicians. Any of these arrangements are acceptable so long as required medical surveillance is made available to workers.
(I) The standard requires your employer to provide certain information to a physician to aid in his or her examination of you. This information includes (I) the standard and its appendices, (II) a description of your duties as they relate to lead exposure, (III) your exposure level, (IV) a description of personal protective equipment you wear, (V) prior blood level results, and (VI) prior written medical opinions concerning you that the employer has. After a medical examination or consultation the physician must prepare a written report which must contain (I) the physician's opinion as to whether you have any medical conditions which places you at increased risk of material impairment to health from exposure to lead, (II) any recommended special protective measures to be provided to you, (III) any blood lead level determinations, and (IV) any recommended limitation on your use of respirators. This last element must include a determination of whether you can wear a powered air purifying respirator (PAPR) if you are found unable to wear a negative pressure respirator.
(J) The medical surveillance program of the lead standard may at some point in time serve to notify certain workers that they have acquired a disease or other adverse medical condition as a result of occupational lead exposure. If this is true these workers might have legal rights to compensation from public agencies, their employers, firms that supply hazardous products to their employers, or other persons. Some states have laws, including worker compensation laws, that disallow a worker to learn of a job-related health impairment to sue, unless the worker sues within a short period of time after learning of the impairment. (This period of time may be a matter of months or years.) An attorney can be consulted about these possibilities. It should be stressed that WISHA is in no way trying to either encourage or discourage claims or lawsuits. However, since results of the standard's medical surveillance program can significantly affect the legal remedies of a worker who has acquired a job-related disease or impairment, it is proper for WISHA to make you aware of this.
(K) The medical surveillance section of the standard also contains provisions dealing with chelation. Chelation is the use of certain drugs (administered in pill form or injected into the body) to reduce the amount of lead absorbed in body tissues. Experience accumulated by the medical and scientific communities has largely confirmed the effectiveness of this type of therapy for the treatment of very severe lead poisoning. On the other hand it has also been established that there can be a long list of extremely harmful side effects associated with the use of chelating agents. The medical community has balanced the advantages and disadvantages resulting from the use of chelating agents in various circumstances and has established when the use of these agents is acceptable. The standard includes these accepted limitations due to a history of abuse of chelation therapy by some lead companies. The most widely used chelating agents are calcium disodium EDTA, (Ca Na2EDTA), Calcium Disodium Versenate (Versenate), and d-penicillamine (penicillamine or Cupramine).
(L) The standard prohibits "prophylactic chelation" of any employee by any person the employer retains, supervises or controls. "Prophylactic chelation" is the routine use of chelating or similarly acting drugs to prevent elevated blood levels in workers who are occupationally exposed to lead, or the use of these drugs to routinely lower blood lead levels to predesignated concentrations believed to be safe. It should be emphasized that where an employer takes a worker who has no symptoms of lead poisoning and has chelation carried out by a physician (either inside or outside of a hospital) solely to reduce the worker's blood lead level, that will generally be considered prophylactic chelation. The use of a hospital and a physician does not mean that prophylactic chelation is not being performed. Routine chelation to prevent increased or reduce current blood lead levels is unacceptable whatever the setting.
(M) The standard allows the use of "therapeutic" or "diagnostic" chelation if administered under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring. Therapeutic chelation responds to severe lead poisoning where there are marked symptoms. Diagnostic chelation, involves giving a patient a dose of the drug then collecting all urine excreted for some period of time as an aid to the diagnosis of lead poisoning.
(N) In cases where the examining physician determines that chelation is appropriate, you must be notified in writing of this fact before such treatment. This will inform you of a potentially harmful treatment, and allow you to obtain a second opinion.
(ix) Medical removal protection.
(A) Excessive lead absorption subjects you to increased risk of disease. Medical removal protection (MRP) is a means of protecting you when for whatever reasons, other methods, such as engineering controls, work practices, and respirators, have failed to provide the protection you need. MRP involves the temporary removal of a worker from his or her regular job to a place of significantly lower exposure without any loss of earnings, seniority, or other employment rights of benefits. The purpose of this program is to cease further lead absorption and allow your body to naturally excrete lead which has previously been absorbed. Temporary medical removal can result from an elevated blood lead level, or a medical opinion. Up to eighteen months of protection is provided as a result of either form of removal. The vast majority of removed workers, however, will return to their former jobs long before this eighteen month period expires. The standard contains special provisions to deal with the extraordinary but possible case where a long-term worker's blood lead level does not adequately decline during eighteen months of removal.
(B) During the first year of the standard, if your blood
lead level is 80 g/100g or above you must be removed from any
exposure where your air lead level without a respirator would be
100 g/m3 or above. If you are removed from your normal job you
may not be returned until your blood lead level declines to at
least 60 g/100g. These criteria for removal and return will
change according to the following schedule:
Effective Date |
Removal Blood Level (g/100g) |
Air Lead (g/m3) |
Return Blood Lead (g/100g) |
| 9/6/81 | At or above 70 | 50 or above | At or below 50 |
| 9/6/82 | At or above 60 | 30 or above | At or below 40 |
| 9/6/84 | At or above 50 averaged over six months |
30 or above | At or below 40 |
(D) The standard does not give specific instructions dealing with what an employer must do with a removed worker. Your job assignment upon removal is a matter for you, your employer and your union (if any) to work out consistent with existing procedures for job assignments. Each removal must be accomplished in a manner consistent with existing collective bargaining relationships. Your employer is given broad discretion to implement temporary removals so long as no attempt is made to override existing agreements. Similarly, a removed worker is provided no right to veto an employer's choice which satisfies the standard.
(E) In most cases, employers will likely transfer removed employees to other jobs with sufficiently low lead exposure. Alternatively, a worker's hours may be reduced so that the time weighted average exposure is reduced, or he or she may be temporarily laid off if no other alternative is feasible.
(F) In all of these situations, MRP benefits must be provided during the period of removal - i.e., you continue to receive the same earnings, seniority, and other rights and benefits you would have had if you had not been removed. Earnings include more that just your base wage; it includes overtime, shift differentials, incentives, and other compensation you would have earned if you had not been removed. During the period of removal you must also be provided with appropriate follow-up medical surveillance. If you were removed because your blood lead level was too high, you must be provided with a monthly blood test. If a medical opinion caused your removal, you must be provided medical tests or examinations that the physician believes to be appropriate. If you do not participate in this follow-up medical surveillance, you may lose your eligibility for MRP benefits.
(G) When you are medically eligible to return to your former job, your employer must return you to your "former job status." This means that you are entitled to the position, wages, benefits, etc., you would have had if you had not been removed. If you would still be in your old job if no removal had occurred, that is where you go back. If not, you are returned consistent with whatever job assignment discretion your employer would have had if no removal had occurred. MRP only seeks to maintain your rights, not expand them or diminish them.
(H) If you are removed under MRP and you are also eligible for worker compensation or other compensation for lost wages, your employer's MRP benefits obligation is reduced by the amount that you actually receive from these other sources. This is also true if you obtain other employment during the time you are laid off with MRP benefits.
(I) The standard also covers situations where an employer voluntarily removes a worker from exposure to lead due to the effects of lead on the employee's medical condition, even though the standard does not require removal. In these situations MRP benefits must still be provided as though the standard required removal. Finally, it is important to note that in all cases where removal is required, respirators cannot be used as a substitute. Respirators may be used before removal becomes necessary, but not as an alternative to a transfer to a low exposure job, or to a lay-off with MRP benefits.
(x) Employee information and training.
(A) Your employer is required to provide an information and training program for all employees exposed to lead above the action level or who may suffer skin or eye irritation from lead. This program must inform these employees of the specific hazards associated with their work environment, protective measures which can be taken, the danger of lead to their bodies (including their reproductive systems), and their rights under the standard. In addition, your employer must make readily available to all employees, including those exposed below the action level, a copy of the standard and its appendices and must distribute to all employees any materials provided to the employer under the Washington Industrial Safety and Health Act (WISHA).
(B) Your employer is required to complete this training for all employees by March 4, 1981. After this date, all new employees must be trained prior to initial assignment to areas where there is possibility of exposure over the action level. This training program must also be provided at least annually thereafter.
(xi) Signs. The standard requires that the following
warning sign be posted in work areas where the exposure to lead
exceeds the PEL:
LEAD WORK AREA
NO SMOKING OR EATING
(A) Your employer is required to keep all records of exposure monitoring for airborne lead. These records must include the name and job classification of employees measured, details of the sampling and analytic techniques, the results of this sampling and the type of respiratory protection being worn by the person sampled. Your employer is also required to keep all records of biological monitoring and medical examination results. These must include the names of the employees, the physician's written opinion and a copy of the results of the examination. All of the above kinds of records must be kept for 40 years, or for at least 20 years after your termination of employment, whichever is longer.
(B) Recordkeeping is also required if you are temporarily removed from your job under the MRP program. This record must include your name and social security number, the date of your removal and return, how the removal was or is being accomplished, and whether or not the reason for the removal was an elevated blood lead level. Your employer is required to keep each medical removal record only for as long as the duration of an employee's employment.
(C) The standard requires that if you request to see or copy environmental monitoring, blood lead level monitoring, or medical removal records, they must be made available to you or to a representative that you authorize. Your union also has access to these records. Medical records other than PbBs must also be provided to you upon request, to your physician or to any other person whom you may specifically designate. Your union does not have access to your personal medical records unless you authorize their access.
(xiii) Observations of monitoring. When air monitoring for lead is performed at your work place as required by this standard, your employer must allow you or someone you designate to act as an observer of the monitoring. Observers are entitled to an explanation of the measurement procedure, and to record the results obtained. Since results will not normally be available at the time of the monitoring, observers are entitled to record or receive the results of the monitoring when returned by the laboratory. Your employer is required to provide the observer with any personal protective devices required to be worn by employees working in the areas that is being monitored. The employer must require the observer to wear all such equipment and to comply with all other applicable safety and health procedures.
(xiv) Effective date. The standard's effective date is September 6, 1980, and the employer's obligation under the standard begin to come into effect as of that date. The standard was originally adopted as WAC 296-62-07349 and later recodified to WAC 296-62-07521.
(c) Appendix C. Medical Surveillance Guidelines.
(i) Introduction.
(A) The primary purpose of the Washington Industrial Safety and Health Act of 1973 is to assure, so far as possible, safe and healthful working conditions for every working man and woman. The occupational health standard for inorganic lead* was promulgated to protect workers exposed to inorganic lead including metallic lead, all inorganic lead compounds and organic lead soaps.
*The term inorganic lead used throughout the medical surveillance appendices is meant to be synonymous with the definition of lead set forth in the standard.
(B) Under this final standard in effect as of September 6, 1980, occupational exposure to inorganic lead is to be limited to 50 g/m3 (micrograms per cubic meter) based on an eight-hour time-weighted average (TWA). This level of exposure eventually must be achieved through a combination of engineering, work practice and other administrative controls. Periods of time ranging from one to ten years are provided for different industries to implement these controls which are based on individual industry considerations. Until these controls are in place, respirators must be used to meet the 50 g/m3 exposure limit.
(C) The standard also provides for a program of biological monitoring and medical surveillance for all employees exposed to levels of inorganic lead above the action level of 30 g/m3 for more than thirty days per year.
(D) The purpose of this document is to outline the medical surveillance provisions of the standard for inorganic lead, and to provide further information to the physician regarding the examination and evaluation of workers exposed to inorganic lead.
(E) Item (ii) provides a detailed description of the monitoring procedure including the required frequency of blood testing for exposed workers, provisions for medical removal protection (MRP), the recommended right of the employee to a second medical opinion, and notification and recordkeeping requirements of the employer. A discussion of the requirements for respirator use and respirator monitoring and WISHA's position on prophylactic chelation therapy are also included in this section.
(F) Item (iii) discusses the toxic effects and clinical manifestations of lead poisoning and effects of lead intoxication on enzymatic pathways in heme synthesis. The adverse effects on both male and female reproductive capacity and on the fetus are also discussed.
(G) Item (iv) outlines the recommended medical evaluation of the worker exposed to inorganic lead including details of the medical history, physical examination, and recommended laboratory tests, which are based on the toxic effects of lead as discussed in item (ii).
(H) Item (v) provides detailed information concerning the laboratory tests available for the monitoring of exposed workers. Included also is a discussion of the relative value of each test and the limitations and precautions which are necessary in the interpretation of the laboratory results.
(I) Airborne levels to be achieved without reliance or respirator protection through a combination of engineering and work practice or other administrative controls are illustrated in the following table:
| Industry | Permissible Lead Level/Compliance Date | ||
| 200g/m3 | 100g/m3 | 50g/m3 | |
| Primary Lead Production | 1973 | 06/29/84 | 06/29/91 |
| Secondary Lead Production | 1973 |
06/29/84 |
06/29/91 |
| Lead Acid Battery Manufacturing | 1973 |
06/29/83 |
06/29/91 |
| Automobile Mfg./Solder, Grinding | 1973 |
N/A |
03/08/97 |
| Electronics, Gray Iron Foundries, Ink Mfg., Paints and Coatings Mfg., Can Mfg., Wallpaper Mfg., and Printing. | 1973 |
N/A |
06/29/91 |
| Lead Chemical Mfg., Nonferrous Foundries, Leaded Steel Mfg., Battery Breaking in the Collection and Processing of Scrap (when not a part of secondary lead smelter) Secondary Copper Smelter, Brass and Bronze Ingot Production. | 1973 | N/A | N/A1* |
| All Other Industries | 1973 | N/A | 09/08/92 |
| * | Feasibility of achieving the PEL by engineering and work practice controls for these industries has yet to be resolved in court, therefore no date has been scheduled. |
(A) Under the occupational health standard for inorganic lead, a program of biological monitoring and medical surveillance is to be made available to all employees exposed to lead above the action level of 30 g/m3 TWA for more than thirty days each year. This program consists of periodic blood sampling and medical evaluation to be performed on a schedule which is defined by previous laboratory results, worker complaints or concerns, and the clinical assessment of the examining physician.
(B) Under this program, the blood lead level of all employees who are exposed to lead above the action level of 30 g/m3 is to be determined at least every six months. The frequency is increased to every two months for employees whose last blood lead level was between 40g/100g whole blood and the level requiring employee medical removal to be discussed below. For employees who are removed from exposure to lead due to an elevated blood lead, a new blood lead level must be measured monthly. Zinc protoporphyrin (ZPP) measurement is required on each occasion that a blood lead level measurement is made.
(C) An annual medical examination and consultation performed under the guidelines discussed in item (iv) is to be made available to each employee for whom a blood test conducted at any time during the preceding twelve months indicated a blood lead level at or above 40g/100g. Also, an examination is to be given to all employees prior to their assignment to an area in which airborne lead concentrations reach or exceed the action level. In addition, a medical examination must be provided as soon as possible after notification by an employee that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice regarding lead exposure and the ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during respirator use. An examination is also to be made available to each employee removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited or specially protected pursuant to medical recommendations.
(D) Results of biological monitoring or the recommendations of an examining physician may necessitate removal of an employee from further lead exposure pursuant to the standard's medical removal program (MRP). The object of the MRP program is to provide temporary medical removals to workers either with substantially elevated blood lead levels or otherwise at risk of sustaining material health impairment from continued substantial exposure to lead. The following guidelines which are summarized in Table 10 were created under the standard for the temporary removal of an exposed employee and his or her subsequent return to work in an exposure area.
EFFECTIVE DATE |
|||||||
Sept. 6, 1980 |
Sept. 6, 1981 |
Sept. 6, 1982 |
Sept. 6, 1983 |
Sept. 6, 1984 |
|||
| A. | Blood lead level requiring employee medical removal (level must be confirmed with second follow-up blood lead level within two weeks of first report). |
>80 g/100g. |
>70 g/100g. |
>60 g/100g. |
>60 g/100g. |
>60 g/100g or average of last three blood samples or all blood samples over previous 6 months (whichever is over a longer time period) is 50 g/100g. or greater unless last sample is 40 g/100g or less. |
|
| B. | Frequency which employees exposed is action level of lead (30 g/m8 TWA) must have blood lead level checked. (ZPP is also required in each occasion that a blood test is obtained): | ||||||
| 1. | Last blood lead level less than 40 g/100g . . . . . . . . . . . . |
Every 6 months. |
Every 6 months. |
Every 6 months. |
Every 6 months. |
Every 6 months. |
|
| 2. | Last blood lead level between 40
g/100g and level requiring
medical removal (see A above) . . . . . . . . . . . . |
Every 2 months. |
Every 2 months. |
Every 2 months. |
Every 2 months. |
Every 2 months. |
|
| 3. | Employees removed from exposure to lead because of an elevated blood lead level . . . . . . . . . . . . | Every 1 month. |
Every 1 month. |
Every 1 month. |
Every 1 month. |
Every 1 month. |
|
| C. | Permissible airborne exposure limit for workers removed from work due to an elevated blood lead level (without regard to respirator protection). | 100 g/m3 8 hr TWA |
50 g/m3 8 hr TWA |
30 g/m3 8 hr TWA |
30 g/m3 8 hr TWA |
30 g/m3 8 hr TWA |
|
| D. | Blood lead level confirmed with a second blood analysis, at which employee may return to work. Permissible exposure without regard to respirator protection is listed by industry in Table 1. |
60 g/100g |
50 g/100g |
40 g/100g |
40 g/100g |
40 g/100g |
|
| Note: | Where medical opinion indicates that an employee is at risk of material impairment from exposure to lead, the physician can remove an employee from exposure exceeding the action level (or less) or recommend special protective measures as deemed appropriate and necessary. Medical monitoring during the medical removal period can be more stringent than noted in the table above if the physician so specifies. Return to work or removal of limitations and special protections is permitted when the physician indicates that the worker is no longer at risk of material impairment. |
(F) During the first two years that the ultimate removal criteria are being phased in, the return criteria have been set to assure that a worker's blood lead level has substantially declined during the period of removal. From March 1, 1979, to March 1, 1980, the blood lead level requiring employee medical removal is 80 g/100g. Workers found to have a confirmed blood lead at this level or greater need only be removed from work having a daily eight hour TWA exposure to lead at or above 100 g/m3. Workers so removed are to be returned to work when their blood lead levels are at or below 60 g/100g of whole blood. From March 1, 1980, to March 1, 1981, the blood lead level requiring medical removal is 70 g/100g. During this period workers need only be removed from jobs having a daily eight hour TWA exposure to lead at or above 50 g/m3 and are to be returned to work when a level of 50 g/100g is achieved. Beginning March 1, 1981, return depends on the worker's blood lead level declining to 40 g/100g of whole blood.
(G) As part of the standard, the employer is required to notify in writing each employee whose whole blood lead level exceeds 40 g/100g. In addition, each such employee is to be informed that the standard requires medical removal with MRP benefits, discussed below, when an employee's blood lead level exceeds the above defined limits.
(H) In addition to the above blood lead level criteria, temporary worker removal may also take place as a result of medical determinations and recommendations. Written medical opinions must be prepared after each examination pursuant to the standard. If the examining physician includes medical finding, determination or opinion that the employee has a medical condition which places the employee at increased risk of material health impairment from exposure to lead, then the employee must be removed from exposure to lead at or above the action level. Alternatively, if the examining physician recommends special protective measures for an employee (e.g., use of a powered air purifying respirator) or recommends limitations on an employee's exposure to lead, then the employer must implement these recommendations. Recommendations may be more stringent than the specific provisions of the standard. The examining physician, therefore, is given broad flexibility to tailor special protective procedures to the needs of individual employees. This flexibility extends to the evaluation and management of pregnant workers and male and female workers who are planning to conceive children. Based on the history, physical examination, and laboratory studies, the physician might recommend special protective measures or medical removal for an employee who is pregnant or who is planning to conceive a child when, in the physician's judgment, continued exposure to lead at the current job would pose a significant risk. The return of the employee to his or her former job status, or the removal of special protections or limitations, depends upon the examining physician determining that the employee is no longer at increased risk of material impairment or that the special measures are no longer needed.
(I) During the period of any form of special protection or removal, the employer must maintain the worker's earnings, seniority, and other employment rights and benefits (as though the worker has not been removed) for a period of up to eighteen months. This economic protection will maximize meaningful worker participation in the medical surveillance program, and is appropriate as part of the employer's overall obligation to provide a safe and healthful work place. The provisions of MRP benefits during the employee's removal period may, however, be conditioned upon participation in medical surveillance.
(J) On rare occasions, an employee's blood lead level may not acceptably decline within eighteen months of removal. This situation will arise only in unusual circumstances, thus the standard relies on an individual medical examination to determine how to protect such an employee. This medical determination is to be based on both laboratory values, including lead levels, zinc protoporphyrin levels, blood counts, and other tests felt to be warranted, as well as the physician's judgment that any symptoms or findings on physical examination are a result of lead toxicity. The medical determination may be that the employee is incapable of ever safely returning to his or her former job status. The medical determination may provide additional removal time past eighteen months for some employees or specify special protective measures to be implemented.
(K) The lead standard provides for a multiple physician review in cases where the employee wishes a second opinion concerning potential lead poisoning or toxicity. If an employee wishes a second opinion, he or she can make an appointment with a physician of his or her choice. This second physician will review the findings, recommendations or determinations of the first physician and conduct any examinations, consultations or tests deemed necessary in an attempt to make a final medical determination. If the first and second physicians do not agree in their assessment they must try to resolve their differences. If they cannot reach an agreement then they must designate a third physician to resolve the dispute.
(L) The employer must provide examining and consulting physicians with the following specific information: A copy of the lead regulations and all appendices, a description of the employee's duties as related to exposure, the exposure level to lead and any other toxic substances (if applicable), a description of personal protective equipment used, blood lead levels, and all prior written medical opinions regarding the employee in the employer's possession or control. The employer must also obtain from the physician and provide the employee with a written medical opinion containing blood lead levels, the physician's opinion as to whether the employee is at risk of material impairment to health, any recommended protective measures for the employee if further exposure is permitted, as well as any recommended limitations upon an employee's use of respirators.
(M) Employers must instruct each physician not to reveal to the employer in writing or in any other way his or her findings, laboratory results, or diagnoses which are felt to be unrelated to occupational lead exposure. They must also instruct each physician to advise the employee of any occupationally or nonoccupationally related medical condition requiring further treatment or evaluation.
(N) The standard provides for the use of respirators when engineering and other primary controls have not been fully implemented. However, the use of respirator protection shall not be used in lieu of temporary medical removal due to elevated blood lead levels or findings that an employee is at risk of material health impairment. This is based on the numerous inadequacies of respirators including skin rash where the facepiece makes contact with the skin, unacceptable stress to breathing in some workers with underlying cardiopulmonary impairment, difficulty in providing adequate fit, the tendency for respirators to create additional hazards by interfering with vision, hearing, and mobility, and the difficulties of assuring the maximum effectiveness of a complicated work practice program involving respirators. Respirators do, however, serve a useful function where engineering and work practice are inadequate by providing interim or short-term protection, provided they are properly selected for the environment in which the employee will be working, properly fitted to the employee, maintained and cleaned periodically, and worn by the employee when required.
(O) In its final standard on occupational exposure to inorganic lead, WISHA has prohibited prophylactic chelation. Diagnostic and therapeutic chelation are permitted only under the supervision of a licensed physician with appropriate medical monitoring in an acceptable clinical setting. The decision to initiate chelation therapy must be made on an individual basis and take into account the severity of symptoms felt to be a result of lead toxicity along with blood lead levels, ZPP levels and other laboratory tests as appropriate. EDTA and penicillamine, which are the primary chelating agents used in the therapy of occupational lead poisoning, have significant potential side effects and their use must be justified on the basis of expected benefits to the worker.
(P) Unless frank and severe symptoms are present, therapeutic chelation is not recommended given the opportunity to remove a worker from exposure and allow the body to naturally excrete accumulated lead. As a diagnostic aid, the chelation mobilization test using CA-EDTA has limited applicability. According to some investigators, the tests can differentiate between lead-induced and other nephropathies. The test may also provide an estimation of the mobile fraction of the total body lead burden.
(Q) Employers are required to assure that accurate records are maintained on exposure monitoring, medical surveillance, and medical removal for each employee. Exposure monitoring and medical surveillance records must be kept for forty years or the duration of employment plus twenty years, whichever is longer, while medical removal records must be maintained for the duration of employment. All records required under the standard must be made available upon request to representatives of the director of the department of labor and industries. Employers must also make environmental and biological monitoring and medical removal records available to affected employees and to former employees or their authorized employee representatives. Employees or their specifically designated representatives have access to their entire medical surveillance records.
(R) In addition, the standard requires that the employer inform all workers exposed to lead at or above the action level of the provisions of the standard and all its appendices, the purpose and description of medical surveillance and provisions for medical removal protection if temporary removal is required. An understanding of the potential health effects of lead exposure by all exposed employees along with full understanding of their rights under the lead standard is essential for an effective monitoring program.
(iii) Adverse health effects of inorganic lead.
(A) Although the toxicity of lead has been known for 2,000 years, the knowledge of the complex relationship between lead exposure and human response is still being refined. Significant research into the toxic properties of lead continues throughout the world, and it should be anticipated that our understanding of thresholds of effects and margins of safety will be improved in future years. The provisions of the lead standard are founded on two prime medical judgments; first, the prevention of adverse health effects from exposure to lead throughout a working lifetime requires that worker blood lead levels be maintained at or below 40 g/100g, and second, the blood lead levels of workers, male or female, who intend to parent in the near future should be maintained below 30 g/100g to minimize adverse reproduction health effects to the parent and developing fetus. The adverse effects of lead on reproduction are being actively researched and WISHA encourages the physician to remain abreast of recent developments in the area to best advise pregnant workers or workers planning to conceive children.
(B) The spectrum of health effects caused by lead exposure can be sub-divided into five developmental states; normal, physiological changes of uncertain significance, pathophysiological changes, overt symptoms (morbidity), and mortality. Within this process there are no sharp distinctions, but rather a continuum of effects. Boundaries between categories overlap due to the wide variation of individual responses and exposures in the working population. WISHA's development of the lead standard focused on pathophysiological changes as well as later stages of disease.
(I) Heme synthesis inhibition.
a) The earliest demonstrated effect of lead involves its ability to inhibit at least two enzymes of the heme synthesis pathway at very low blood levels. Inhibition of delta aminolevulinic acid dehydrase (ALA-D) which catalyzes the conversion of delta-aminolevulinic acid (ALA) to protoporphyrin is observed at a blood lead level below 20g/100g whole blood. At a blood lead level of 40 g/100g, more than twenty percent of the population would have seventy percent inhibition of ALA-D. There is an exponential increase in ALA excretion at blood lead levels greater than 40 g/100g.
b) Another enzyme, ferrochelatase, is also inhibited at low blood lead levels. Inhibition of ferrochelatase leads to increased free erythrocyte protoporphyrin (FEP) in the blood which can then bind to zinc to yield zinc protoporphyrin. At a blood lead level of 50g/100g or greater, nearly 100 percent of the population will have an increase FEP. There is also an exponential relationship between blood lead levels greater than 40 g/100g and the associated ZPP level, which has led to the development of the ZPP screening test for lead exposure.
c) While the significance of these effects is subject to debate, it is WISHA's position that these enzyme disturbances are early stages of a disease process which may eventually result in the clinical symptoms of lead poisoning. Whether or not the effects do progress to the later stages of clinical disease, disruption of these enzyme processes over a working lifetime is considered to be a material impairment of health.
d) One of the eventual results of lead-induced inhibition of enzymes in the heme synthesis pathway is anemia which can be asymptomatic if mild but associated with a wide array of symptoms including dizziness, fatigue, and tachycardia when more severe. Studies have indicated that lead levels as low as 50 g/100g can be associated with a definite decreased hemoglobin, although most cases of lead-induced anemia, as well as shortened red-cell survival times, occur at lead levels exceeding 80 g/100g. Inhibited hemoglobin synthesis is more common in chronic cases whereas shortened erythrocyte life span is more common in acute cases.
e) In lead-induced anemias, there is usually a reticulocytosis along with the presence of basophilic stippling, and ringed sideroblasts, although none of the above are pathognomonic for lead-induced anemia.
(II) Neurological effects.
a) Inorganic lead had been found to have toxic effects on both the central and peripheral nervous systems. The earliest stage of lead-induced central nervous system effects first manifest themselves in the form of behavioral disturbances and central nervous system symptoms including irritability, restlessness, insomnia and other sleep disturbances, fatigue, vertigo, headache, poor memory, tremor, depression, and apathy. With more severe exposure, symptoms can progress to drowsiness, stupor, hallucinations, delirium, convulsions and coma.
b) The most severe and acute form of lead poisoning which usually follows ingestion or inhalation of large amounts of lead is acute encephalopathy which may arise precipitously with the onset of intractable seizures, coma, cardiorespiratory arrest, and death within 48 hours.
c) While there is disagreement about what exposure levels are needed to produce the earliest symptoms, most experts agree that symptoms definitely can occur at blood lead levels of 60 g/100g whole blood and therefore recommend a 40 g/100g maximum. The central nervous system effects frequently are not reversible following discontinued exposure or chelation therapy and when improvement does occur, it is almost always only partial.
d) The peripheral neuropathy resulting from lead exposure characteristically involves only motor function with minimal sensory damage and has a marked predilection for the extensor muscles of the most active extremity. The peripheral neuropathy can occur with varying degrees of severity. The earliest and mildest form which can be detected in workers with blood lead levels as low as 50 g/100g is manifested by slowing or motor nerve conduction velocity often without clinical symptoms. With progression of the neuropathy there is development of painless extensor muscle weakness usually involving the extensor muscles of the fingers and hand in the most active upper extremity, followed in severe cases by wrist drop, much less commonly, foot drop.
e) In addition to slowing of nerve conduction, electromyographical studies in patients with blood lead levels greater than 50 g/100g have demonstrated a decrease in the number of acting motor unit potentials, an increase in the duration of motor unit potentials, and spontaneous pathological activity including fibrillations and fasciculation. Whether these effects occur at levels of 40 g/100g is undetermined.
f) While the peripheral neuropathies can occasionally be reversed with therapy, again such recovery is not assured particularly in the more severe neuropathies and often improvement is only partial. The lack of reversibility is felt to be due in part to segmental demyelination.
(III) Gastrointestinal. Lead may also effect the gastrointestinal system producing abdominal colic or diffuse abdominal pain, constipation, obstipation, diarrhea, anorexia, nausea and vomiting. Lead colic rarely develops at blood lead levels below 80 g/100g.
(IV) Renal.
a) Renal toxicity represents one of the most serious health effects of lead poisoning. In the early stages of disease nuclear inclusion bodies can frequently be identified in proximal renal tubular cells. Renal functions remain normal and the changes in this stage are probably reversible. With more advanced disease there is progressive interstitial fibrosis and impaired renal function. Eventually extensive interstitial fibrosis ensues with sclerotic glomeruli and dilated and atrophied proximal tubules; all represent end stage kidney disease. Azotemia can be progressive, eventually resulting in frank uremia necessitating dialysis. There is occasionally associated hypertension and hyperuricemia with or without gout.
b) Early kidney disease is difficult to detect. The urinalysis is normal in early lead nephropathy and the blood urea nitrogen and serum creatinine increase only when two-thirds of kidney function is lost. Measurement of creatinine clearance can often detect earlier disease as can other methods of measurement of glomerular filtration rate. An abnormal Ca-EDTA mobilization test has been used to differentiate between lead-induced and other nephropathies, but this procedure is not widely accepted. A form of Fanconi syndrome with aminoaciduria, glycosuria, and hyperphosphaturia indicating severe injury to the proximal renal tubules is occasionally seen in children.
(V) Reproductive effects.
a) Exposure to lead can have serious effects on reproductive function in both males and females. In male workers exposed to lead there can be a decrease in sexual drive, impotence, decreased ability to produce healthy sperm, and sterility. Malformed sperm (teratospermia), decreased number of sperm (hypospermia), and sperm with decreased motility (asthenospermia) can occur. Teratospermia has been noted at mean blood lead levels of 53 g/100g and hypospermia and asthenospermia at 41 g/100g. Furthermore, there appears to be a dose-response relationship for teratospermia in lead exposed workers.
b) Women exposed to lead may experience menstrual disturbances including dysmenorrhea, menorrhagia and amenorrhea. Following exposure to lead, women have a higher frequency of sterility, premature births, spontaneous miscarriages, and stillbirths.
c) Germ cells can be affected by lead and cause genetic damage in the egg or sperm cells before conception and result in failure to implant, miscarriage, stillbirth, or birth defects.
d) Infants of mothers with lead poisoning have a higher mortality during the first year and suffer from lowered birth weights, slower growth, and nervous system disorders.
e) Lead can pass through the placental barrier and lead levels in the mother's blood are comparable to concentrations of lead in the umbilical cord at birth. Transplacental passage becomes detectable at 12-14 weeks of gestation and increases until birth.
f) There is little direct data on damage to the fetus from exposure to lead but it is generally assumed that the fetus and newborn would be at least as susceptible to neurological damage as young children. Blood lead levels of 50-60 g/100g in children can cause significant neurobehavioral impairments, and there is evidence of hyperactivity at blood levels as low as 25 g/100g. Given the overall body of literature concerning the adverse health effects of lead in children, WISHA feels that the blood lead level in children should be maintained below 30 g/100g with a population mean of 15 g/100g. Blood lead levels in the fetus and newborn likewise should not exceed 30 g/100g.
g) Because of lead's ability to pass through the placental barrier and also because of the demonstrated adverse effects of lead on reproductive function in both males and females as well as the risk of genetic damage of lead on both the ovum and sperm, WISHA recommends a 30 g/100g maximum permissible blood lead level in both males and females who wish to bear children.
(IV) Other toxic effects.
a) Debate and research continue on the effects of lead on the human body. Hypertension has frequently been noted in occupationally exposed individuals although it is difficult to assess whether this is due to lead's adverse effects on the kidneys or if some other mechanism is involved.
b) Vascular and electrocardiographic changes have been detected but have not been well characterized. Lead is thought to impair thyroid function and interfere with the pituitary-adrenal axis, but again these effects have not been well defined.
(iv) Medical evaluation.
(A) The most important principle in evaluating a worker for any occupational disease including lead poisoning is a high index of suspicion on the part of the examining physician. As discussed in Section (ii), lead can affect numerous organ systems and produce a wide array of signs and symptoms, most of which are nonspecific and subtle in nature at least in the early stages of disease. Unless serious concern for lead toxicity is present, many of the early clues to diagnosis may easily be overlooked.
(B) The crucial initial step in the medical evaluation is recognizing that a worker's employment can result in exposure to lead. The worker will frequently be able to define exposures to lead and lead-containing materials but often will not volunteer this information unless specifically asked. In other situations the worker may not know of any exposures to lead but the suspicion might be raised on the part of the physician because of the industry or occupation of the worker. Potential occupational exposure to lead and its compounds occur in at least 120 occupations, including lead smelting, the manufacture of lead storage batteries, the manufacture of lead pigments and products containing pigments, solder manufacture, shipbuilding and ship repair, auto manufacturing, construction, and painting.
(C) Once the possibility for lead exposure is raised, the focus can then be directed toward eliciting information from the medical history, physical exam, and finally from laboratory data to evaluate the worker for potential lead toxicity.
(D) A complete and detailed work history is important in the initial evaluation. A listing of all previous employment with information on work processes, exposure to fumes or dust, known exposures to lead or other toxic substances, respiratory protection used, and previous medical surveillance should all be included in the worker's record. Where exposure to lead is suspected, information concerning on-the-job personal hygiene, smoking or eating habits in work areas, laundry procedures, and use of any protective clothing or respiratory protection equipment should be noted. A complete work history is essential in the medical evaluation of a worker with suspected lead toxicity, especially when long-term effects such as neurotoxicity and nephrotoxicity are considered.
(E) The medical history is also of fundamental importance and should include a listing of all past and current medical conditions, current medications including proprietary drug intake, previous surgeries and hospitalizations, allergies, smoking history, alcohol consumption, and also nonoccupational lead exposures such as hobbies (hunting, riflery). Also known childhood exposures should be elicited. Any previous history of hematological, neurological, gastrointestinal, renal, psychological, gynecological, genetic, or reproductive problems should be specifically noted.
(F) A careful and complete review of systems must be performed to assess both recognized complaints and subtle or slowly acquired symptoms which the worker might not appreciate as being significant. The review of symptoms should include the following:
| General | - | weight loss, fatigue, decreased appetite. |
| Head, Eyes, Ears, Nose, Throat (HEENT) | - |
headaches, visual disturbance or decreased visual acuity, hearing deficits or tinnitus, pigmentation of the oral mucosa, or metallic taste in mouth. |
| Cardiopulmonary | - | shortness of breath, cough, chest pains, palpitations, or orthopnea. |
| Gastrointestinal | - | nausea, vomiting, heartburn, abdominal pain, constipation or diarrhea. |
| Neurologic | - | irritability, insomnia, weakness (fatigue), dizziness, loss of memory, confusion, hallucinations, incoordination, ataxia, decreased strength in hands or feet, disturbance in gait, difficulty in climbing stairs, or seizures. |
| Hematologic | - | pallor, easy fatigability, abnormal blood loss, melena. |
| Reproductive (male or female and spouse where relevant) | - |
history of infertility, impotence, loss of libido, abnormal menstrual periods, history of miscarriages, stillbirths, or children with birth defects. |
| Musculoskeletal | - | muscle and joint pains. |
(H) The presence of pallor on skin examination may indicate an anemia, which if severe might also be associated with a tachycardia. If an anemia is suspected, an active search for blood loss should be undertaken including potential blood loss through the gastrointestinal tract.
(I) A complete neurological examination should include an adequate mental status evaluation including a search for behavioral and psychological disturbances, memory testing, evaluation for irritability, insomnia, hallucinations, and mental clouding. Gait and coordination should be examined along with close observation for tremor. A detailed evaluation of peripheral nerve function including careful sensory and motor function testing is warranted. Strength testing particularly of extensor muscle groups of all extremities is of fundamental importance.
(J) Cranial nerve evaluation should also be included in the routine examination.
(K) The abdominal examination should include auscultation for bowel sounds and abnormal bruits and palpation for organomegaly, masses, and diffuse abdominal tenderness.
(L) Cardiovascular examination should evaluate possible early signs of congestive heart failure. Pulmonary status should be addressed particularly if respirator protection is contemplated.
(M) As part of the medical evaluation, the lead standard requires the following laboratory studies.
(I) Blood lead level.
(II) Hemoglobin and hematocrit determinations, red cell indices, and examination of the peripheral blood smear to evaluate red blood cell morphology.
(III) Blood urea nitrogen.
(IV) Serum creatinine.
(V) Routine urinalysis with microscopic examination.
(VI) A zinc protoporphyrin level.
(N) In addition to the above, the physician is authorized to order any further laboratory or other tests which he or she deems necessary in accordance with sound medical practice. The evaluation must also include pregnancy testing or laboratory evaluation of male fertility if requested by the employee.
(O) Additional tests which are probably not warranted on a routine basis but may be appropriate when blood lead and ZPP levels are equivocal include delta aminolevulinic acid and coproporphyrin concentrations in the urine, and dark-field illumination for detection of basophilic stippling in red blood cells.
(P) If an anemia is detected further studies including a careful examination of the peripheral smear, reticulocyte count, stool for occult blood, serum iron, total iron binding capacity, bilirubin, and, if appropriate vitamin B12 and folate may be of value in attempting to identify the cause of the anemia.
(Q) If a peripheral neuropathy is suspected, nerve conduction studies are warranted both for diagnosis and as a basis to monitor any therapy.
(R) If renal disease is questioned, a 24-hour urine collection for creatinine clearance, protein, and electrolytes may be indicated. Elevated uric acid levels may result from lead-induced renal disease and a serum uric acid level might be performed.
(S) An electrocardiogram and chest x-ray may be obtained as deemed appropriate.
(T) Sophisticated and highly specialized testing should not be done routinely and where indicated should be under the direction of a specialist.
(v) Laboratory evaluation.
(A) The blood level at present remains the single most important test to monitor lead exposure and is the test used in the medical surveillance program under the lead standard to guide employee medical removal. The ZPP has several advantages over the blood lead level. Because of its relatively recent development and the lack of extensive data concerning its interpretation, the ZPP currently remains an ancillary test.
(B) This section will discuss the blood lead level and ZPP in detail and will outline their relative advantages and disadvantages. Other blood tests currently available to evaluate lead exposure will also be reviewed.
(C) The blood lead level is a good index of current or recent lead absorption when there is no anemia present and when the worker has not taken any chelating agents. However, blood lead levels along with urinary lead levels do not necessarily indicate the total body burden of lead and are not adequate measures of past exposure. One reason for this is that lead has a high affinity for bone and up to 90 percent of the body's total lead is deposited there. A very important component of the total lead body burden is lead in soft tissue (liver, kidneys, and brain). This fraction of the lead body burden, the biologically active lead, is not entirely reflected by blood lead levels since it is a function of the dynamics of lead absorption, distribution, deposition in bone and excretion. Following discontinuation of exposure to lead, the excess body burden is only slowly mobilized from bone and other relatively stable stores and excreted. Consequently, a high blood lead level may only represent recent heavy exposure to lead without a significant total body excess and likewise a low blood lead level does not exclude an elevated total body burden of lead.
(D) Also due to its correlation with recent exposures, the blood lead level may vary considerably over short time intervals.
(E) To minimize laboratory error and erroneous results due to contamination, blood specimens must be carefully collected after thorough cleaning of the skin with appropriate methods using lead-free containers and analyzed by a reliable laboratory. Under the standard, samples must be analyzed in laboratories which are approved by the Center for Disease Control (CDC) or which have received satisfactory grades in proficiency testing by the CDC in the previous year. Analysis is to be made using atomic absorption spectrophotometry anodic stripping; voltammetry or any method which meets the accuracy requirements set forth by the standard.
(F) The determination of lead in urine is generally considered a less reliable monitoring technique than analysis of whole blood primarily due to individual variability in urinary excretion capacity as well as the technical difficulty of obtaining accurate 24 hour urine collections. In addition, workers with renal insufficiency, whether due to lead or some other cause, may have decreased lead clearance and consequently urine lead levels may underestimate the true lead burden. Therefore, urine lead levels should not be used as a routine test.
(G) The zinc protoporphyrin test, unlike the blood lead determination, measures an adverse metabolic effect of lead and as such is a better indicator of lead toxicity than the level of blood lead itself. The level of ZPP reflects lead absorption over the preceding three to four months, and therefore is a better indicator of lead body burden. The ZPP requires more time than the blood lead to read significantly elevated levels; the return to normal after discontinuing lead exposure is also slower. Furthermore, the ZPP test is simpler, faster, and less expensive to perform and no contamination is possible. Many investigators believe it is the most reliable means of monitoring chronic lead absorption.
(H) Zinc protoporphyrin results from the inhibition of the enzyme ferrochelatase which catalyzes the insertion of an iron molecule into the protoporphyrin molecule, which then becomes heme. If iron is not inserted into the molecule then zinc, having a greater affinity for protoporphyrin, takes place in the iron, forming ZPP.
(I) An elevation in the level of circulating ZPP may occur at blood lead levels as low as 20-30 g/100g in some workers. Once the blood lead level has reached 40 g/100g there is more marked rise in the ZPP value from its normal range of less than 100 g/100ml. Increases in blood lead levels beyond 40 g/100g are associated with exponential increases in ZPP.
(J) Whereas blood lead levels fluctuate over short time spans, ZPP levels remain relatively stable. ZPP is measured directly in red blood cells and is present for the cell's entire 120 day lifespan. Therefore, the ZPP level in blood reflects the average ZPP production over the previous three to four months and consequently the average lead exposure during that time interval.
(K) It is recommended that a hematocrit be determined whenever a confirmed ZPP of 50 g/100ml whole blood is obtained to rule out a significant underlying anemia. If the ZPP is in excess of 100g/100ml and not associated with abnormal elevations in blood lead levels, the laboratory should be checked to be sure the blood leads were determined using atomic absorption spectrophotometry, anodic stripping voltammetry or any method which meets the accuracy requirements set forth by the standard, by a CDC approved laboratory which is experienced in lead level determinations. Repeat periodic blood lead studies should be obtained in all individuals with elevated ZPP levels to be certain that an associated elevated blood lead level has not been missed due to transient fluctuations in blood leads.
(L) ZPP has characteristic fluorescence spectrum with a peak at 594nm which is detectable with a hematofluorimeter. The hematofluorimeter is accurate and portable and can provide on-site, instantaneous results for workers who can be frequently tested via a finger prick.
(M) However, careful attention must be given to calibration and quality control procedures. Limited data on blood lead - ZPP correlations and the ZPP levels which are associated with the adverse health effects discussed in item (ii) are the major limitations of the test. Also it is difficult to correlate ZPP levels with environmental exposure and there is some variation of response with age and sex. Nevertheless, the ZPP promises to be an important diagnostic test for the early detection of lead toxicity and its value will increase as more data is collected regarding its relationship to other manifestations of lead poisoning.
(N) Levels of delta-aminolevulinic acid (ALA) in the urine are also used as a measure of lead exposure. Increasing concentrations of ALA are believed to result from the inhibition of the enzyme delta-aminolevulinic acid dehydrase (ALA-D). Although the test is relatively easy to perform, inexpensive, and rapid, the disadvantages include variability in results, the necessity to collect a complete 24 hour urine sample which has a specific gravity greater than 1.010, and also the fact that ALA decomposes in the presence of light.
(O) The pattern of porphyrin excretion in the urine can also be helpful in identifying lead intoxication. With lead poisoning, the urine concentrations of coproporphyrins I and II, porphobilinogen and uroporphyrin I rise. The most important increase, however, is that of coproporphyrin III; levels may exceed 5,000 g/1 in the urine in lead poisoned individuals, but its correlation with blood lead levels and ZPP are not as good as those of ALA. Increases in urinary porphyrins are not diagnostic of lead toxicity and may be seen in porphyria, some liver diseases, and in patients with high reticulocyte counts.
(vi) Summary.
(A) The WISHA standard for inorganic lead places significant emphasis on the medical surveillance of all workers exposed to levels of inorganic lead above the action level of 30 g/m3 TWA. The physician has a fundamental role in this surveillance program, and in the operation of the medical removal protection program.
(B) Even with adequate worker education on the adverse health effects of lead and appropriate training in work practices, personal hygiene and other control measures, the physician has a primary responsibility for evaluating potential lead toxicity in the worker. It is only through a careful and detailed medical and work history, a complete physical examination and appropriate laboratory testing that an accurate assessment can be made. Many of the adverse health effects of lead toxicity are either irreversible or only partially reversible and therefore early detection of disease is very important.
(C) This document outlines the medical monitoring program as defined by the occupational safety and health standard for inorganic lead. It reviews the adverse health effects of lead poisoning and describes the important elements of the history and physical examinations as they relate to these adverse effects.
(D) It is hoped that this review and discussion will give the physician a better understanding of the WISHA standard with the ultimate goal of protecting the health and well-being of the worker exposed to lead under his or her care.
(d) Appendix D. Recommendations to employers concerning high-risk tasks (nonmandatory).
The department advises employers that the following tasks have a high risk for lead overexposure (this list is not complete; other tasks also can result in lead over-exposure):
| Any open flame operation involving lead-containing solder in a manner producing molten solder, including the manufacture or repair of motor vehicle radiators; | |
| Sanding, cutting or grinding of lead-containing solder; | |
| Breaking, recycling or manufacture of lead-containing batteries; | |
| Casting objects using lead, brass, or lead-containing alloys; | |
| Where lead-containing coatings or paints are present: |
| abrasive blasting | |
| welding | |
| cutting | |
| torch burning | |
| manual demolition of structures | |
| manual scraping | |
| manual sanding | |
| heat gun applications | |
| power tool cleaning | |
| rivet busting | |
| clean-up activities where dry expendable abrasives are used | |
| abrasive blasting enclosure movement and removal; |
| Spray-painting with lead-containing paint; | |
| Using lead-containing mortar; | |
| Lead burning; | |
| Operation or cleaning of shooting facilities where lead bullets are used; | |
| Formulation or processing of lead-containing pigments or paints; | |
| Cutting, burning, or melting of lead-containing materials. |
The department recommends that annual blood lead testing be offered to all employees potentially overexposed to lead, including those performing the tasks listed above, regardless of air lead levels. Research has shown that air lead levels often do not accurately predict workers' lead overexposure. The blood lead testing will provide the most information if performed during a period of peak lead exposure.
Employers should be aware that the United States Public Health Service has set a goal of eliminating occupational exposures which result in whole blood lead levels of 25 g/dl or greater. This goal should guide whether employees' blood lead levels indicate lead overexposure.
If blood lead levels are elevated in an employee performing a task associated with lead overexposure, employers should assess the maintenance and effectiveness of exposure controls, hygiene facilities, respiratory protection program, the employee's work practices and personal hygiene, and the employee's respirator use, if any. If a deficiency exists in any of these areas, the employer should correct the problem.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07521, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 96-09-030, 296-62-07521, filed 4/10/96, effective 6/1/96; 95-04-078, 296-62-07521, filed 1/30/95, effective 3/2/95; 91-24-017 (Order 91-07), 296-62-07521, filed 11/22/91, effective 12/24/91; 90-17-051 (Order 90-10), 296-62-07521, filed 8/13/90, effective 9/24/90; 90-03-029 (Order 89-20), 296-62-07521, filed 1/11/90, effective 2/26/90; 88-14-108 (Order 88-11), 296-62-07521, filed 7/6/88. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), 296-62-07521, filed 11/30/83; 82-13-045 (Order 82-22), 296-62-07521, filed 6/11/82. Formerly WAC 296-62-07349.]
(a) This section applies to all occupational exposures to benzene. Chemical Abstracts Service Registry No. 71-43-2, except as provided in (b) and (c) of this subsection.
(b) This section does not apply to:
(i) The storage, transportation, distribution, dispensing, sale or use of gasoline, motor fuels, or other fuels containing benzene subsequent to its final discharge from bulk wholesale storage facilities, except that operations where gasoline or motor fuels are dispensed for more than four hours per day in an indoor location are covered by this section.
(ii) Loading and unloading operations at bulk wholesale storage facilities which use vapor control systems for all loading and unloading operations, except for the provisions of WAC 296-62-054 and 296-800-170 as incorporated into this section and the emergency provisions of subsections (7) and (9)(d) of this section.
(iii) The storage, transportation, distribution, or sale of benzene or liquid mixtures containing more than 0.1 percent benzene in intact containers or in transportation pipelines while sealed in such a manner as to contain benzene vapors or liquid, except for the provisions of WAC 296-62-054 and 296-800-170 as incorporated into this section and the emergency provisions of subsections (7) and (9)(d) of this section.
(iv) Containers and pipelines carrying mixtures with less than 0.1 percent benzene and natural gas processing plants processing gas with less than 0.1 percent benzene.
(v) Work operations where the only exposure to benzene is from liquid mixtures containing 0.5 percent or less of benzene by volume, or the vapors released from such liquids until September 12, 1988; work operations where the only exposure to benzene is from liquid mixtures containing 0.3 percent or less of benzene by volume or the vapors released from such liquids from September 12, 1988, to September 12, 1989; and work operations where the only exposure to benzene is from liquid mixtures containing 0.1 percent or less of benzene by volume or the vapors released from such liquids after September 12, 1989; except that tire building machine operators using solvents with more than 0.1 percent benzene are covered by subsection (9) of this section.
(vi) Oil and gas drilling, production, and servicing operations.
(vii) Coke oven batteries.
(c) The cleaning and repair of barges and tankers which have contained benzene are excluded from subsection (6) of this section (Methods of compliance), subsection (5)(a) of this section (General), and subsection (5)(f) of this section (Accuracy of monitoring). Engineering and work practice controls shall be used to keep exposures below 10 ppm unless it is proven to be not feasible.
(2) Definitions.
(a) "Action level" means an airborne concentration of benzene of 0.5 ppm calculated as an 8-hour time-weighted average.
(b) "Authorized person" means any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under subsection (5) of this section, or any other person authorized by the Washington Industrial Safety and Health Act (WISHA) or regulations issued under WISHA.
(c) "Benzene" (C6H6) (CAS Registry No. 71-43-2) means liquefied or gaseous benzene. It includes benzene contained in liquid mixtures and the benzene vapors released by these liquids. It does not include trace amounts of unreacted benzene contained in solid materials.
(d) "Bulk wholesale storage facility" means a bulk terminal or bulk plant where fuel is stored prior to its delivery to wholesale customers.
(e) "Container" means any barrel, bottle, can, cylinder, drum, reaction vessel, storage tank, or the like, but does not include piping systems.
(f) "Day" means any part of a calendar day.
(g) "Director" means the director of the department of labor and industries, or his/her designated representative.
(h) "Emergency" means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which may or does result in an unexpected significant release of benzene.
(i) "Employee exposure" means exposure to airborne benzene which would occur if the employee were not using respiratory protective equipment.
(j) "Regulated area" means any area where airborne concentrations of benzene exceed or can reasonably be expected to exceed, the permissible exposure limits, either the 8-hour time-weighted average exposure of 1 ppm or the short-term exposure limit of 5 ppm for fifteen minutes.
(k) "Vapor control system" means any equipment used for containing the total vapors displaced during the loading of gasoline, motor fuel, or other fuel tank trucks and the displacing of these vapors through a vapor processing system or balancing the vapor with the storage tank. This equipment also includes systems containing the vapors displaced from the storage tank during the unloading of the tank truck which balance the vapors back to the tank truck.
(3) Permissible exposure limits (PELs).
(a) Time-weighted average limit (TWA). The employer shall assure that no employee is exposed to an airborne concentration of benzene in excess of one part of benzene per million parts of air (1 ppm) as an 8-hour time-weighted average.
(b) Short-term exposure limit (STEL). The employer shall assure that no employee is exposed to an airborne concentration of benzene in excess of 5 ppm as averaged over any fifteen minute period.
(4) Regulated areas.
(a) The employer shall establish a regulated area wherever the airborne concentration of benzene exceeds or can reasonably be expected to exceed the permissible exposure limits, either the 8-hour time-weighted average exposure of 1 ppm or the short-term exposure limit of 5 ppm for fifteen minutes.
(b) Access to regulated areas shall be limited to authorized persons.
(c) Regulated areas shall be determined from the rest of the workplace in any manner that minimizes the number of employees exposed to benzene within the regulated area.
(5) Exposure monitoring.
(a) General.
(i) Determinations of employee exposure shall be made from breathing zone air samples that are representative of each employee's average exposure to airborne benzene.
(ii) Representative 8-hour TWA employee exposures shall be determined on the basis of one sample or samples representing the full shift exposure for each job classification in each work area.
(iii) Determinations of compliance with the STEL shall be made from fifteen minute employee breathing zone samples measured at operations where there is reason to believe exposures are high, such as where tanks are opened, filled, unloaded, or gauged; where containers or process equipment are opened and where benzene is used for cleaning or as a solvent in an uncontrolled situation. The employer may use objective data, such as measurements from brief period measuring devices, to determine where STEL monitoring is needed.
(iv) Except for initial monitoring as required under (b) of this subsection, where the employer can document that one shift will consistently have higher employee exposures for an operation, the employer shall only be required to determine representative employee exposure for that operation during the shift on which the highest exposure is expected.
(b) Initial monitoring.
(i) Each employer who has a place of employment covered under subsection (1)(a) of this section shall monitor each of these workplaces and work operations to determine accurately the airborne concentrations of benzene to which employees may be exposed.
(ii) The initial monitoring required under (b)(i) of this subsection shall be completed by sixty days after the effective date of this standard or within thirty days of the introduction of benzene into the workplace. Where the employer has monitored within one year prior to the effective date of this standard and the monitoring satisfies all other requirements of this section, the employer may rely on such earlier monitoring results to satisfy the requirements of (b)(i) of this subsection.
(c) Periodic monitoring and monitoring frequency.
(i) If the monitoring required by (b)(i) of this subsection reveals employee exposure at or above the action level but at or below the TWA, the employer shall repeat such monitoring for each such employee at least every year.
(ii) If the monitoring required by (b)(i) of this subsection reveals employee exposure above the TWA, the employer shall repeat such monitoring for each such employee at least every six months.
(iii) The employer may alter the monitoring schedule from every six months to annually for any employee for whom two consecutive measurements taken at least seven days apart indicate that the employee exposure has decreased to the TWA or below, but is at or above the action level.
(iv) Monitoring for the STEL shall be repeated as necessary to evaluate exposures of employees subject to short term exposures.
(d) Termination of monitoring.
(i) If the initial monitoring required by (b)(i) of this subsection reveals employee exposure to be below the action level the employer may discontinue the monitoring for that employee, except as otherwise required by (e) of this subsection.
(ii) If the periodic monitoring required by (c) of this subsection reveals that employee exposures, as indicated by at least two consecutive measurements taken at least seven days apart, are below the action level the employer may discontinue the monitoring for that employee, except as otherwise required by (e) of this subsection.
(e) Additional monitoring.
(i) The employer shall institute the exposure monitoring required under (b) and (c) of this subsection when there has been a change in the production, process, control equipment, personnel, or work practices which may result in new or additional exposures to benzene, or when the employer has any reason to suspect a change which may result in new or additional exposures.
(ii) Whenever spills, leaks, ruptures, or other breakdowns occur that may lead to employee exposure, the employer shall monitor (using area or personal sampling) after the cleanup of the spill or repair of the leak, rupture or other breakdown to ensure that exposures have returned to the level that existed prior to the incident.
(f) Accuracy of monitoring. Monitoring shall be accurate, to a confidence level of ninety-five percent, to within plus or minus twenty-five percent for airborne concentrations of benzene.
(g) Employee notification of monitoring results.
(i) The employer shall, within fifteen working days after the receipt of the results of any monitoring performed under this standard, notify each employee of these results in writing either individually or by posting of results in an appropriate location that is accessible to affected employees.
(ii) Whenever the PELs are exceeded, the written notification required by (g)(i) of this subsection shall contain the corrective action being taken by the employer to reduce the employee exposure to or below the PEL, or shall refer to a document available to the employee which states the corrective actions to be taken.
(6) Methods of compliance.
(a) Engineering controls and work practices.
(i) The employer shall institute engineering controls and work practices to reduce and maintain employee exposure to benzene at or below the permissible exposure limits, except to the extent that the employer can establish that these controls are not feasible or where the provisions of (a)(iii) of this subsection or subsection (7)(a) of this section apply.
(ii) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the PELs, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection which complies with the requirements of subsection (7) of this section.
(iii) Where the employer can document that benzene is used in a workplace less than a total of thirty days per year, the employer shall use engineering controls, work practice controls or respiratory protection or any combination of these controls to reduce employee exposure to benzene to or below the PELs, except that employers shall use engineering and work practice controls, if feasible, to reduce exposure to or below 10 ppm as an 8-hour TWA.
(b) Compliance program.
(i) When any exposures are over the PEL, the employer shall establish and implement a written program to reduce employee exposure to or below the PEL primarily by means of engineering and work practice controls, as required by (a) of this subsection.
(ii) The written program shall include a schedule for development and implementation of the engineering and work practice controls. These plans shall be reviewed and revised as appropriate based on the most recent exposure monitoring data, to reflect the current status of the program.
(iii) Written compliance programs shall be furnished upon request for examination and copying to the director, affected employees, and designated employee representatives.
(7) Respiratory protection.
(a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls;
(ii) Work operations for which the employer establishes that compliance with either the TWA or STEL through the use of engineering and work-practice controls is not feasible; for example some maintenance and repair activities, vessel cleaning, or other operations where engineering and work-practice controls are infeasible because exposures are intermittent and limited in duration;
(iii) Work operations for which feasible engineering and work-practice controls are not yet sufficient, or are not required under subsection (6)(a)(iii) of this section, to reduce exposure to or below the PELs;
(iv) Emergencies.
(b) Respirator program.
(i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1), 296-62-07131 (4)(b)(i) and (ii), and 296-62-07150 through 296-62-07156).
(ii) For air-purifying respirators, the employer must replace the air-purifying element at the expiration of its service life or at the beginning of each shift in which such elements are used, whichever comes first.
(iii) If NIOSH certifies an air-purifying element with an end-of-service-life indicator for benzene, such an element may be used until the indicator shows no further useful life.
(c) Respirator selection.
(i) The employer must select the appropriate respirator from Table 1 of this section.
(ii) Any employee who cannot use a negative-pressure respirator must be allowed to use a respirator with less breathing resistance, such as a powered air-purifying respirator or supplied-air respirator.
Airborne concentration of benzene or condition of use |
Respirator type |
||
(a) |
Less than or equal to 10 ppm. |
(1) |
Half-mask air-purifying respirator with organic vapor cartridge. |
| (b) | Less than or equal to 50 ppm. | (1) | Full facepiece respirator with organic vapor cartridges. |
| (1) | Full facepiece gas mask with chin style canister.1 | ||
| (c) | Less than or equal to 100 ppm. | (1) | Full facepiece powered air-purifying respirator with organic vapor canister.1 |
| (d) | Less than or equal to 1,000 ppm. | (1) | Supplied air respirator with full facepiece in positive-pressure mode. |
| (e) | Greater than 1,000 ppm or unknown concentration. | (1) | Self-contained breathing apparatus with full facepiece in positive-pressure mode. |
| (2) | Full facepiece positive-pressure supplied-air respirator with auxiliary self-contained air supply. | ||
| (f) | Escape . . . . . . . . . . . . | (1) | Any organic vapor gas mask; or |
| (2) | Any self-contained breathing apparatus with full facepiece. | ||
| (g) | Firefighting . . . . . . . . . . . . | (1) | Full facepiece
self-contained breathing
apparatus in positive
pressure mode. |
| 1 | Canisters must have a minimum service life of four (4) hours when tested at 150 ppm benzene, at a flow rate of 64 LPM, 25 C, and 85% relative humidity for non-powered air purifying respirators. The flow rate shall be 115 LPM and 170 LPM respectively for tight fitting and loose fitting powered air-purifying respirators. |
(9) Medical surveillance.
(a) General.
(i) The employer shall make available a medical surveillance program for employees who are or may be exposed to benzene at or above the action level thirty or more days per year; for employees who are or may be exposed to benzene at or above the PELs ten or more days per year; for employees who have been exposed to more than 10 ppm of benzene for thirty or more days in a year prior to the effective date of the standard when employed by their current employer; and for employees involved in the tire building operations called tire building machine operators, who use solvents containing greater than 0.1 percent benzene.
(ii) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician and that all laboratory tests are conducted by an accredited laboratory.
(iii) The employer shall assure that persons other than licensed physicians who administer the pulmonary function testing required by this section shall complete a training course in spirometry sponsored by an appropriate governmental, academic, or professional institution.
(iv) The employer shall assure that all examinations and procedures are provided without cost to the employee and at a reasonable time and place.
(b) Initial examination.
(i) Within sixty days of the effective date of this standard, or before the time of initial assignment, the employer shall provide each employee covered by (a)(i) of this subsection with a medical examination including the following elements:
(A) A detailed occupational history which includes:
(I) Past work exposure to benzene or any other hematological toxins;
(II) A family history of blood dyscrasias including hematological neoplasms;
(III) A history of blood dyscrasias including genetic hemoglobin abnormalities, bleeding abnormalities, abnormal function of formed blood elements;
(IV) A history of renal or liver dysfunction;
(V) A history of medicinal drugs routinely taken;
(VI) A history of previous exposure to ionizing radiation; and
(VII) Exposure to marrow toxins outside of the current work situation.
(B) A complete physical examination.
(C) Laboratory tests. A complete blood count including a leukocyte count with differential, a quantitative thrombocyte count, hematocrit, hemoglobin, erythrocyte count and erythrocyte indices (MCV, MCH, MCHC). The results of these tests shall be reviewed by the examining physician.
(D) Additional tests as necessary in the opinion of the examining physician, based on alterations to the components of the blood or other signs which may be related to benzene exposure.
(E) For all workers required to wear respirators for at least thirty days a year, the physical examination shall pay special attention to the cardiopulmonary system and shall include a pulmonary function test.
(ii) No initial medical examination is required to satisfy the requirements of (b)(i) of this subsection if adequate records show that the employee has been examined in accordance with the procedures of (b)(i) of this subsection within the twelve months prior to the effective date of this standard.
(c) Periodic examinations.
(i) The employer shall provide each employee covered under (a)(i) of this subsection with a medical examination annually following the previous examination. These periodic examinations shall include at least the following elements:
(A) A brief history regarding any new exposure to potential marrow toxins, changes in medicinal drug use, and the appearance of physical signs relating to blood disorders;
(B) A complete blood count including a leukocyte count with differential, quantitative thrombocyte count, hemoglobin, hematocrit, erythrocyte count and erythrocyte indices (MCV, MCH, MCHC); and
(C) Appropriate additional tests as necessary, in the opinion of the examining physician, in consequence of alterations in the components of the blood or other signs which may be related to benzene exposure.
(ii) Where the employee develops signs and symptoms commonly associated with toxic exposure to benzene, the employer shall provide the employee with an additional medical examination which shall include those elements considered appropriate by the examining physician.
(iii) For persons required to use respirators for at least thirty days a year, a pulmonary function test shall be performed every three years. A specific evaluation of the cardiopulmonary system shall be made at the time of the pulmonary function test.
(d) Emergency examinations.
(i) In addition to the surveillance required by (a)(i) of this subsection, if an employee is exposed to benzene in an emergency situation, the employer shall have the employee provide a urine sample at the end of the employee's shift and have a urinary phenol test performed on the sample within seventy-two hours. The urine specific gravity shall be corrected to 1.024.
(ii) If the result of the urinary phenol test is below 75 mg phenol/L of urine, no further testing is required.
(iii) If the result of the urinary phenol test is equal to or greater than 75 mg phenol/L of urine, the employer shall provide the employee with a complete blood count including an erythrocyte count, leukocyte count with differential and thrombocyte count at monthly intervals for a duration of three months following the emergency exposure.
(iv) If any of the conditions specified in (e)(i) of this subsection exists, then the further requirements of (e) of this subsection shall be met and the employer shall, in addition, provide the employees with periodic examinations if directed by the physician.
(e) Additional examinations and referrals.
(i) Where the results of the complete blood count required for the initial and periodic examinations indicate any of the following abnormal conditions exist, then the blood count shall be repeated within two weeks.
(A) The hemoglobin level or the hematocrit falls below the normal limit (outside the ninety-five percent confidence interval (C.I.)) as determined by the laboratory for the particular geographic area and/or these indices show a persistent downward trend from the individual's preexposure norms; provided these findings cannot be explained by other medical reasons.
(B) The thrombocyte (platelet) count varies more than twenty percent below the employee's most recent values or falls outside the normal limit (ninety-five percent C.I.) as determined by the laboratory.
(C) The leukocyte count is below 4,000 per mm3 or there is an abnormal differential count.
(ii) If the abnormality persists, the examining physician shall refer the employee to a hematologist or an internist for further evaluation unless the physician has good reason to believe such referral is unnecessary. (See Appendix C for examples of conditions where a referral may be unnecessary.)
(iii) The employer shall provide the hematologist or internist with the information required to be provided to the physician under this subsection and the medical record required to be maintained by subsection (11)(b)(ii) of this section.
(iv) The hematologist's or internist's evaluation shall include a determination as to the need for additional tests, and the employer shall assure that these tests are provided.
(f) Information provided to the physician. The employer shall provide the following information to the examining physician:
(i) A copy of this regulation and its appendices;
(ii) A description of the affected employee's duties as they relate to the employee's exposure;
(iii) The employee's actual or representative exposure level;
(iv) A description of any personal protective equipment used or to be used; and
(v) Information from previous employment-related medical examinations of the affected employee which is not otherwise available to the examining physician.
(g) Physician's written opinions.
(i) For each examination under this section, the employer shall obtain and provide the employee with a copy of the examining physician's written opinion within fifteen days of the examination. The written opinion shall be limited to the following information:
(A) The occupationally pertinent results of the medical examination and tests;
(B) The physician's opinion concerning whether the employee has any detected medical conditions which would place the employee's health at greater than normal risk of material impairment from exposure to benzene;
(C) The physician's recommended limitations upon the employee's exposure to benzene or upon the employee's use of protective clothing or equipment and respirators.
(D) A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions resulting from benzene exposure which require further explanation or treatment.
(ii) The written opinion obtained by the employer shall not reveal specific records, findings, and diagnoses that have no bearing on the employee's ability to work in a benzene-exposed workplace.
(h) Medical removal plan.
(i) When a physician makes a referral to a hematologist/internist as required under (e)(ii) of this subsection, the employee shall be removed from areas where exposures may exceed the action level until such time as the physician makes a determination under (h)(ii) of this subsection.
(ii) Following the examination and evaluation by the hematologist/internist, a decision to remove an employee from areas where benzene exposure is above the action level or to allow the employee to return to areas where benzene exposure is above the action level shall be made by the physician in consultation with the hematologist/internist. This decision shall be communicated in writing to the employer and employee. In the case of removal, the physician shall state the required probable duration of removal from occupational exposure to benzene above the action level and the requirements for future medical examinations to review the decision.
(iii) For any employee who is removed pursuant to (h)(ii) of this subsection, the employer shall provide a follow-up examination. The physician, in consultation with the hematologist/internist, shall make a decision within six months of the date the employee was removed as to whether the employee shall be returned to the usual job or whether the employee should be removed permanently.
(iv) Whenever an employee is temporarily removed from benzene exposure pursuant to (h)(i) or (ii) of this subsection, the employer shall transfer the employee to a comparable job for which the employee is qualified (or can be trained for in a short period) and where benzene exposures are as low as possible, but in no event higher than the action level. The employer shall maintain the employee's current wage rate, seniority, and other benefits. If there is no such job available, the employer shall provide medical removal protection benefits until such a job becomes available or for six months, whichever comes first.
(v) Whenever an employee is removed permanently from benzene exposure based on a physician's recommendation pursuant to (h)(iii) of this subsection, the employee shall be given the opportunity to transfer to another position which is available or later becomes available for which the employee is qualified (or can be trained for in a short period) and where benzene exposures are as low as possible but in no event higher than the action level. The employer shall assure that such employee suffers no reduction in current wage rate, seniority, or other benefits as a result of the transfer.
(i) Medical removal protection benefits.
(i) The employer shall provide to an employee six months of medical removal protection benefits immediately following each occasion an employee is removed from exposure to benzene because of hematological findings pursuant to (h)(i) and (ii) of this subsection, unless the employee has been transferred to a comparable job where benzene exposures are below the action level.
(ii) For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer shall maintain the current wage rate, seniority, and other benefits of an employee as though the employee had not been removed.
(iii) The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program, or from employment with another employer made possible by virtue of the employee's removal.
(10) Communication of benzene hazards to employees.
(a) Signs and labels.
(i) The employer shall post signs at entrances to regulated areas. The signs shall bear the following legend:
| DANGER BENZENE CANCER HAZARD FLAMMABLE-NO SMOKING AUTHORIZED PERSONNEL ONLY RESPIRATOR REQUIRED |
| DANGER CONTAINS BENZENE CANCER HAZARD |
(i) Employers shall obtain or develop, and shall provide access to their employees, to a material safety data sheet (MSDS) which addresses benzene and complies with WAC 296-62-054 and 296-800-170.
(ii) Employers who are manufacturers or importers shall:
(A) Comply with subsection (1) of this section; and
(B) Comply with the requirement in WISHA's hazard communication standard, WAC 296-62-054 (Hazard communication purpose), that they deliver to downstream employers an MSDS which addresses benzene.
(c) Information and training.
(i) The employer shall provide employees with information and training at the time of their initial assignment to a work area where benzene is present. If exposures are above the action level, employees shall be provided with information and training at least annually thereafter.
(ii) The training program shall be in accordance with the
requirements of WAC ((296-62-05415 (1) and (2))) 296-800-170, and
shall include specific information on benzene for each category
of information included in that section.
(iii) In addition to the information required under WAC
((296-62-054)) 296-800-170, the employer shall:
(A) Provide employees with an explanation of the contents of this section, including Appendices A and B, and indicate to them where the standard is available; and
(B) Describe the medical surveillance program required under subsection (9) of this section, and explain the information contained in Appendix C.
(11) Recordkeeping.
(a) Exposure measurements.
(i) The employer shall establish and maintain an accurate record of all measurements required by subsection (5) of this section, in accordance with WAC 296-62-052.
(ii) This record shall include:
(A) The dates, number, duration, and results of each of the samples taken, including a description of the procedure used to determine representative employee exposures;
(B) A description of the sampling and analytical methods used;
(C) A description of the type of respiratory protective devices worn, if any; and
(D) The name, Social Security number, job classification, and exposure levels of the employee monitored and all other employees whose exposure the measurement is intended to represent.
(iii) The employer shall maintain this record for at least the duration of employment plus thirty years, in accordance with Part B, Access to records, WAC 296-62-052 through 296-62-05223.
(b) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by subsection (9) of this section, in accordance with WAC 296-62-052.
(ii) This record shall include:
(A) The name and Social Security number of the employee;
(B) The employer's copy of the physician's written opinion on the initial, periodic, and special examinations, including results of medical examinations and all tests, opinions, and recommendations;
(C) Any employee medical complaints related to exposure to benzene;
(D) A copy of the information provided to the physician as required by subsection (9)(f)(ii) through (v) of this section; and
(E) A copy of the employee's medical and work history related to exposure to benzene or any other hematologic toxins.
(iii) The employer shall maintain this record for at least the duration of employment plus thirty years, in accordance with Part B, Access to records, WAC 296-62-052 through 296-62-05223.
(c) Availability.
(i) The employer shall assure that all records required to be maintained by this section shall be made available upon request to the director for examination and copying.
(ii) Employee exposure monitoring records required by this subsection shall be provided upon request for examination and copying to employees, employee representatives, and the director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217.
(iii) Employee medical records required by this subsection shall be provided upon request for examination and copying, to the subject employee, to anyone having the specific written consent of the subject employee, and to the director in accordance with WAC 296-62-052.
(d) Transfer of records.
(i) The employer shall comply with the requirements involving transfer of records set forth in WAC 296-62-05205.
(ii) If the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the director, at least three months prior to disposal, and transmit them to the director if required by the director within that period.
(12) Observation of monitoring.
(a) Employee observation. The employer shall provide affected employees, or their designated representatives, an opportunity to observe the measuring or monitoring of employee exposure to benzene conducted pursuant to subsection (5) of this section.
(b) Observation procedures. When observation of the measuring or monitoring of employee exposure to benzene requires entry into areas where the use of protective clothing and equipment or respirators is required, the employer shall provide the observer with personal protective clothing and equipment or respirators required to be worn by employees working in the area, assure the use of such clothing and equipment or respirators, and require the observer to comply with all other applicable safety and health procedures.
(13) Appendices. The information contained in WAC 296-62-07525, Appendices A, B, C, and D is not intended, by itself, to create any additional obligations not otherwise imposed or to detract from any existing obligations.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07523, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 88-21-002 (Order 88-23), 296-62-07523, filed 10/6/88, effective 11/7/88.]
(2) Definitions. For purposes of this standard, the following definitions shall apply:
(a) "Action level" means a concentration of 0.5 part formaldehyde per million parts of air (0.5 ppm) calculated as an 8-hour time-weighted average (TWA) concentration.
(b) "Approved" means approved by the director of the
department of labor and industries or his/her authorized
representative: Provided, however, That should a provision of
this chapter state that approval by an agency or organization
other than the department of labor and industries is required,
such as Underwriters' Laboratories or the Mine Safety and Health
Administration and the National Institute for Occupational Safety
and Health, the provision of WAC ((296-24-006)) 296-800-370 shall
apply.
(c) "Authorized person" means any person required by work duties to be present in regulated work areas, or authorized to do so by the employer, by this section of the standard, or by the WISHA Act.
(d) "Director" means the director of the department of labor and industries, or his/her designated representative.
(e) "Emergency" is any occurrence, such as but not limited to equipment failure, rupture of containers, or failure of control equipment that results in an uncontrolled release of a significant amount of formaldehyde.
(f) "Employee exposure" means the exposure to airborne formaldehyde which would occur without corrections for protection provided by any respirator that is in use.
(g) "Formaldehyde" means the chemical substance, HCHO, Chemical Abstracts Service Registry No. 50-00-0.
(3) Permissible exposure limit (PEL).
(a) TWA: The employer shall assure that no employee is exposed to an airborne concentration of formaldehyde which exceeds 0.75 part formaldehyde per million parts of air as an 8-hour TWA.
(b) Short term exposure limit (STEL): The employer shall assure that no employee is exposed to an airborne concentration of formaldehyde which exceeds two parts formaldehyde per million parts of air (2 ppm) as a fifteen-minute STEL.
(4) Exposure monitoring.
(a) General.
(i) Each employer who has a workplace covered by this standard shall monitor employees to determine their exposure to formaldehyde.
(ii) Exception. Where the employer documents, using objective data, that the presence of formaldehyde or formaldehyde-releasing products in the workplace cannot result in airborne concentrations of formaldehyde that would cause any employee to be exposed at or above the action level or the STEL under foreseeable conditions of use, the employer will not be required to measure employee exposure to formaldehyde.
(iii) When an employee's exposure is determined from representative sampling, the measurements used shall be representative of the employee's full shift or short-term exposure to formaldehyde, as appropriate.
(iv) Representative samples for each job classification in each work area shall be taken for each shift unless the employer can document with objective data that exposure levels for a given job classification are equivalent for different workshifts.
(b) Initial monitoring. The employer shall identify all employees who may be exposed at or above the action level or at or above the STEL and accurately determine the exposure of each employee so identified.
(i) Unless the employer chooses to measure the exposure of each employee potentially exposed to formaldehyde, the employer shall develop a representative sampling strategy and measure sufficient exposures within each job classification for each workshift to correctly characterize and not underestimate the exposure of any employee within each exposure group.
(ii) The initial monitoring process shall be repeated each time there is a change in production, equipment, process, personnel, or control measures which may result in new or additional exposure to formaldehyde.
(iii) If the employer receives reports or signs or symptoms of respiratory or dermal conditions associated with formaldehyde exposure, the employer shall promptly monitor the affected employee's exposure.
(c) Periodic monitoring.
(i) The employer shall periodically measure and accurately determine exposure to formaldehyde for employees shown by the initial monitoring to be exposed at or above the action level or at or above the STEL.
(ii) If the last monitoring results reveal employee exposure at or above the action level, the employer shall repeat monitoring of the employees at least every six months.
(iii) If the last monitoring results reveal employee exposure at or above the STEL, the employer shall repeat monitoring of the employees at least once a year under worst conditions.
(d) Termination of monitoring. The employer may discontinue periodic monitoring for employees if results from two consecutive sampling periods taken at least seven days apart show that employee exposure is below the action level and the STEL. The results must be statistically representative and consistent with the employer's knowledge of the job and work operation.
(e) Accuracy of monitoring. Monitoring shall be accurate, at the ninety-five percent confidence level, to within plus or minus twenty-five percent for airborne concentrations of formaldehyde at the TWA and the STEL and to within plus or minus thirty-five percent for airborne concentrations of formaldehyde at the action level.
(f) Employee notification of monitoring results. Within fifteen days of receiving the results of exposure monitoring conducted under this standard, the employer shall notify the affected employees of these results. Notification shall be in writing, either by distributing copies of the results to the employees or by posting the results. If the employee exposure is over either PEL, the employer shall develop and implement a written plan to reduce employee exposure to or below both PELs, and give written notice to employees. The written notice shall contain a description of the corrective action being taken by the employer to decrease exposure.
(g) Observation of monitoring.
(i) The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to formaldehyde required by this standard.
(ii) When observation of the monitoring of employee exposure to formaldehyde requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the clothing and equipment to the observer, require the observer to use such clothing and equipment, and assure that the observer complies with all other applicable safety and health procedures.
(5) Regulated areas.
(a) The employer shall establish regulated areas where the
concentration of airborne formaldehyde exceeds either the TWA or
the STEL and post all entrances and accessways with signs bearing
the following information:
FORMALDEHYDE
IRRITANT AND POTENTIAL CANCER HAZARD
AUTHORIZED PERSONNEL ONLY
(c) An employer at a multi-employer worksite who establishes a regulated area shall communicate the access restrictions and locations of these areas to other employers with work operations at that worksite.
(6) Methods of compliance.
(a) Engineering controls and work practices. The employer shall institute engineering and work practice controls to reduce and maintain employee exposures to formaldehyde at or below the TWA and the STEL.
(b) Exception. Whenever the employer has established that feasible engineering and work practice controls cannot reduce employee exposure to or below either of the PELs, the employer shall apply these controls to reduce employee exposures to the extent feasible and shall supplement them with respirators which satisfy this standard.
(7) Respiratory protection.
(a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls;
(ii) Work operations, such as maintenance and repair activities or vessel cleaning, for which the employer establishes that engineering and work-practice controls are not feasible;
(iii) Work operations for which feasible engineering and work-practice controls are not yet sufficient to reduce exposure to or below the PELs;
(iv) Emergencies.
(b) Respirator program.
(i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1), 296-62-07131 (4)(b)(i) and (ii), and 296-62-07150 through 296-62-07156).
(ii) If air-purifying chemical-cartridge respirators are used, the employer must:
(A) Replace the cartridge after three hours of use or at the end of the workshift, whichever occurs first, unless the cartridge contains a NIOSH-certified end-of-service-life indicator (ESLI) to show when breakthrough occurs.
(B) Unless the canister contains a NIOSH-certified ESLI to show when breakthrough occurs, replace canisters used in atmospheres up to 7.5 ppm (10 x PEL) every four hours and industrial-sized canisters used in atmospheres up to 75 ppm (100 x PEL) every two hours, or at the end of the workshift, whichever occurs first.
(c) Respirator selection.
(i) The employer must select appropriate respirators from Table 1 of this section.
| Condition of use or formaldehyde concentration (ppm) |
Minimum respirator required1 |
| Up to 7.5 ppm (10 x PEL) . . . . . . . . . . . . |
Full facepiece with cartridges or canisters specifically approved for protection against formaldehyde2. |
| Up to 75 ppm (100 x PEL) . . . . . . . . . . . . |
Full-face mask with chin style or chest or back mounted type industrial size canister specifically approved for protection against formaldehyde. |
| Type C supplied-air respirator pressure demand or continuous flow type, with full facepiece, hood, or helmet. | |
| Above 75 ppm or unknown (emergencies) (100 x PEL) . . . . . . . . . . . . |
Self-contained breathing apparatus (SCBA) with positive-pressure full facepiece. |
| Combination supplied-air, full facepiece positive-pressure respirator with auxiliary self-contained air supply. | |
| Fire fighting . . . . . . . . . . . . | SCBA with positive-pressure in full facepiece. |
| Escape . . . . . . . . . . . . | SCBA in demand or pressure demand mode. |
| Full-face mask with chin style or front or back mounted type industrial size canister specifically approved for protection against formaldehyde. |
| 1 | Respirators specified for use at higher concentrations may be used at
lower concentrations. |
| 2 | A half-mask respirator with cartridges specifically approved for protection against formaldehyde can be substituted for the full facepiece respirator providing that effective gas-proof goggles are provided and used in combination with the half-mask respirator. |
(8) Protective equipment and clothing. Employers shall
comply with the provisions of WAC ((296-24-07501 and
296-24-07801)) 296-800-160. When protective equipment or
clothing is provided under these provisions, the employer shall
provide these protective devices at no cost to the employee and
assure that the employee wears them.
(a) Selection. The employer shall select protective clothing and equipment based upon the form of formaldehyde to be encountered, the conditions of use, and the hazard to be prevented.
(i) All contact of the eyes and skin with liquids containing one percent or more formaldehyde shall be prevented by the use of chemical protective clothing made of material impervious to formaldehyde and the use of other personal protective equipment, such as goggles and face shields, as appropriate to the operation.
(ii) Contact with irritating or sensitizing materials shall be prevented to the extent necessary to eliminate the hazard.
(iii) Where a face shield is worn, chemical safety goggles are also required if there is a danger of formaldehyde reaching the area of the eye.
(iv) Full body protection shall be worn for entry into areas where concentrations exceed 100 ppm and for emergency reentry into areas of unknown concentration.
(b) Maintenance of protective equipment and clothing.
(i) The employer shall assure that protective equipment and clothing that has become contaminated with formaldehyde is cleaned or laundered before its reuse.
(ii) When ventilating formaldehyde-contaminated clothing and
equipment, the employer shall establish a storage area so that
employee exposure is minimized. Containers for contaminated
clothing and equipment and storage areas shall have labels and
signs containing the following information:
FORMALDEHYDE-CONTAMINATED (CLOTHING) EQUIPMENT
AVOID INHALATION AND SKIN CONTACT
(iv) The employer shall assure that no employee takes home equipment or clothing that is contaminated with formaldehyde.
(v) The employer shall repair or replace all required protective clothing and equipment for each affected employee as necessary to assure its effectiveness.
(vi) The employer shall inform any person who launders, cleans, or repairs such clothing or equipment of formaldehyde's potentially harmful effects and of procedures to safely handle the clothing and equipment.
(9) Hygiene protection.
(a) The employer shall provide change rooms, as described in WAC 296-24-120 for employees who are required to change from work clothing into protective clothing to prevent skin contact with formaldehyde.
(b) If employees' skin may become splashed with solutions containing one percent or greater formaldehyde, for example because of equipment failure or improper work practices, the employer shall provide conveniently located quick drench showers and assure that affected employees use these facilities immediately.
(c) If there is any possibility that an employee's eyes may be splashed with solutions containing 0.1 percent or greater formaldehyde, the employer shall provide acceptable eyewash facilities within the immediate work area for emergency use.
(10) Housekeeping. For operations involving formaldehyde liquids or gas, the employer shall conduct a program to detect leaks and spills, including regular visual inspections.
(a) Preventative maintenance of equipment, including surveys for leaks, shall be undertaken at regular intervals.
(b) In work areas where spillage may occur, the employer shall make provisions to contain the spill, to decontaminate the work area, and to dispose of the waste.
(c) The employer shall assure that all leaks are repaired and spills are cleaned promptly by employees wearing suitable protective equipment and trained in proper methods for cleanup and decontamination.
(d) Formaldehyde-contaminated waste and debris resulting from leaks or spills shall be placed for disposal in sealed containers bearing a label warning of formaldehyde's presence and of the hazards associated with formaldehyde.
(11) Emergencies. For each workplace where there is the possibility of an emergency involving formaldehyde, the employer shall assure appropriate procedures are adopted to minimize injury and loss of life. Appropriate procedures shall be implemented in the event of an emergency.
(12) Medical surveillance.
(a) Employees covered.
(i) The employer shall institute medical surveillance programs for all employees exposed to formaldehyde at concentrations at or exceeding the action level or exceeding the STEL.
(ii) The employer shall make medical surveillance available for employees who develop signs and symptoms of overexposure to formaldehyde and for all employees exposed to formaldehyde in emergencies. When determining whether an employee may be experiencing signs and symptoms of possible overexposure to formaldehyde, the employer may rely on the evidence that signs and symptoms associated with formaldehyde exposure will occur only in exceptional circumstances when airborne exposure is less than 0.1 ppm and when formaldehyde is present in materials in concentrations less than 0.1 percent.
(b) Examination by a physician. All medical procedures, including administration of medical disease questionnaires, shall be performed by or under the supervision of a licensed physician and shall be provided without cost to the employee, without loss of pay, and at a reasonable time and place.
(c) Medical disease questionnaire. The employer shall make the following medical surveillance available to employees prior to assignment to a job where formaldehyde exposure is at or above the action level or above the STEL and annually thereafter. The employer shall also make the following medical surveillance available promptly upon determining that an employee is experiencing signs and symptoms indicative of possible overexposure to formaldehyde.
(i) Administration of a medical disease questionnaire, such as in Appendix D, which is designed to elicit information on work history, smoking history, any evidence of eye, nose, or throat irritation; chronic airway problems or hyperreactive airway disease; allergic skin conditions or dermatitis; and upper or lower respiratory problems.
(ii) A determination by the physician, based on evaluation of the medical disease questionnaire, of whether a medical examination is necessary for employees not required to wear respirators to reduce exposure to formaldehyde.
(d) Medical examinations. Medical examinations shall be given to any employee who the physician feels, based on information in the medical disease questionnaire, may be at increased risk from exposure to formaldehyde and at the time of initial assignment and at least annually thereafter to all employees required to wear a respirator to reduce exposure to formaldehyde. The medical examination shall include:
(i) A physical examination with emphasis on evidence of irritation or sensitization of the skin and respiratory system, shortness of breath, or irritation of the eyes.
(ii) Laboratory examinations for respirator wearers consisting of baseline and annual pulmonary function tests. As a minimum, these tests shall consist of forced vital capacity (FVC), forced expiratory volume in one second (FEV1), and forced expiratory flow (FEF).
(iii) Any other test which the examining physician deems necessary to complete the written opinion.
(iv) Counseling of employees having medical conditions that would be directly or indirectly aggravated by exposure to formaldehyde on the increased risk of impairment of their health.
(e) Examinations for employees exposed in an emergency. The employer shall make medical examinations available as soon as possible to all employees who have been exposed to formaldehyde in an emergency.
(i) The examination shall include a medical and work history with emphasis on any evidence of upper or lower respiratory problems, allergic conditions, skin reaction or hypersensitivity, and any evidence of eye, nose, or throat irritation.
(ii) Other examinations shall consist of those elements considered appropriate by the examining physician.
(f) Information provided to the physician. The employer shall provide the following information to the examining physician:
(i) A copy of this standard and Appendices A, C, D, and E;
(ii) A description of the affected employee's job duties as they relate to the employee's exposure to formaldehyde;
(iii) The representative exposure level for the employee's job assignment;
(iv) Information concerning any personal protective equipment and respiratory protection used or to be used by the employee; and
(v) Information from previous medical examinations of the affected employee within the control of the employer.
(vi) In the event of a nonroutine examination because of an emergency, the employer shall provide to the physician as soon as possible: A description of how the emergency occurred and the exposure the victim may have received.
(g) Physician's written opinion.
(i) For each examination required under this standard, the employer shall obtain a written opinion from the examining physician. This written opinion shall contain the results of the medical examination except that it shall not reveal specific findings or diagnoses unrelated to occupational exposure to formaldehyde. The written opinion shall include:
(A) The physician's opinion as to whether the employee has any medical condition that would place the employee at an increased risk of material impairment of health from exposure to formaldehyde;
(B) Any recommended limitations on the employee's exposure or changes in the use of personal protective equipment, including respirators;
(C) A statement that the employee has been informed by the physician of any medical conditions which would be aggravated by exposure to formaldehyde, whether these conditions may have resulted from past formaldehyde exposure or from exposure in an emergency, and whether there is a need for further examination or treatment.
(ii) The employer shall provide for retention of the results of the medical examination and tests conducted by the physician.
(iii) The employer shall provide a copy of the physician's written opinion to the affected employee within fifteen days of its receipt.
(h) Medical removal.
(i) The provisions of this subdivision apply when an employee reports significant irritation of the mucosa of the eyes or of the upper airways, respiratory sensitization, dermal irritation, or dermal sensitization attributed to workplace formaldehyde exposure. Medical removal provisions do not apply in case of dermal irritation or dermal sensitization when the product suspected of causing the dermal condition contains less than 0.05% formaldehyde.
(ii) An employee's report of signs or symptoms of possible overexposure to formaldehyde shall be evaluated by a physician selected by the employer pursuant to (c) of this subsection. If the physician determines that a medical examination is not necessary under (c)(ii) of this subsection, there shall be a two-week evaluation and remediation period to permit the employer to ascertain whether the signs or symptoms subside untreated or with the use of creams, gloves, first aid treatment, or personal protective equipment. Industrial hygiene measures that limit the employee's exposure to formaldehyde may also be implemented during this period. The employee shall be referred immediately to a physician prior to expiration of the two-week period if the signs or symptoms worsen. Earnings, seniority, and benefits may not be altered during the two-week period by virtue of the report.
(iii) If the signs or symptoms have not subsided or been remedied by the end of the two-week period, or earlier if signs or symptoms warrant, the employee shall be examined by a physician selected by the employer. The physician shall presume, absent contrary evidence, that observed dermal irritation or dermal sensitization are not attributable to formaldehyde when products to which the affected employee is exposed contain less than 0.1% formaldehyde.
(iv) Medical examinations shall be conducted in compliance with the requirements of (e)(i) and (ii) of this subsection. Additional guidelines for conducting medical exams are contained in WAC 296-62-07546, Appendix C.
(v) If the physician finds that significant irritation of the mucosa of the eyes or the upper airways, respiratory sensitization, dermal irritation, or dermal sensitization result from workplace formaldehyde exposure and recommends restrictions or removal. The employer shall promptly comply with the restrictions or recommendations of removal. In the event of a recommendation of removal, the employer shall remove the affected employee from the current formaldehyde exposure and if possible, transfer the employee to work having no or significantly less exposure to formaldehyde.
(vi) When an employee is removed pursuant to item (v) of this subdivision, the employer shall transfer the employee to comparable work for which the employee is qualified or can be trained in a short period (up to six months), where the formaldehyde exposures are as low as possible, but not higher than the action level. The employer shall maintain the employee's current earnings, seniority, and other benefits. If there is no such work available, the employer shall maintain the employee's current earnings, seniority, and other benefits until such work becomes available, until the employee is determined to be unable to return to workplace formaldehyde exposure, until the employee is determined to be able to return to the original job status, or for six months, whichever comes first.
(vii) The employer shall arrange for a follow-up medical examination to take place within six months after the employee is removed pursuant to this subsection. This examination shall determine if the employee can return to the original job status, or if the removal is to be permanent. The physician shall make a decision within six months of the date the employee was removed as to whether the employee can be returned to the original job status, or if the removal is to be permanent.
(viii) An employer's obligation to provide earnings, seniority, and other benefits to a removed employee may be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program or from employment with another employer made possible by virtue of the employee's removal.
(ix) In making determinations of the formaldehyde content of materials under this subsection the employer may rely on objective data.
(i) Multiple physician review.
(i) After the employer selects the initial physician who conducts any medical examination or consultation to determine whether medical removal or restriction is appropriate, the employee may designate a second physician to review any findings, determinations, or recommendations of the initial physician and to conduct such examinations, consultations, and laboratory tests as the second physician deems necessary and appropriate to evaluate the effects of formaldehyde exposure and to facilitate this review.
(ii) The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation for the purpose of medical removal or restriction.
(iii) The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen days after receipt of the notification of the right to seek a second medical opinion, or receipt of the initial physician's written opinion, whichever is later:
(A) The employee informs the employer of the intention to seek a second medical opinion; and
(B) The employee initiates steps to make an appointment with a second physician.
(iv) If the findings, determinations, or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve the disagreement. If the two physicians are unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians shall designate a third physician who shall be a specialist in the field at issue:
(A) To review the findings, determinations, or recommendations of the prior physicians; and
(B) To conduct such examinations, consultations, laboratory tests, and discussions with prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.
(v) In the alternative, the employer and the employee or authorized employee representative may jointly designate such third physician.
(vi) The employer shall act consistent with the findings, determinations, and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.
(13) Hazard communication.
(a) General. Notwithstanding any exemption granted in WAC
((296-62-05403 (6)(c))) 296-800-170 for wood products, each
employer who has a workplace covered by this standard shall
comply with the requirements of WAC ((296-62-05409 through
296-62-05419)) 296-800-170. The definitions of the chemical
hazard communication standard shall apply under this standard.
(i) The following shall be subject to the hazard communication requirements of this section: Formaldehyde gas, all mixtures or solutions composed of greater than 0.1 percent formaldehyde, and materials capable of releasing formaldehyde into the air under reasonably foreseeable concentrations reaching or exceeding 0.1 ppm.
(ii) As a minimum, specific health hazards that the employer shall address are: Cancer, irritation and sensitization of the skin and respiratory system, eye and throat irritation, and acute toxicity.
(b) Manufacturers and importers who produce or import formaldehyde or formaldehyde-containing products shall provide downstream employers using or handling these products with an objective determination through the required labels and MSDSs if these items may constitute a health hazard within the meaning of WAC 296-62-05407 under normal conditions of use.
(c) Labels.
(i) The employer shall assure that hazard warning labels
complying with the requirements of WAC ((296-62-05411))
296-800-170 are affixed to all containers of materials listed in
(a)(i) of this subsection, except to the extent that (a)(i) of
this subsection is inconsistent with this item.
(ii) Information on labels. As a minimum, for all materials listed in (a)(i) of this subsection, capable of releasing formaldehyde at levels of 0.1 ppm to 0.5 ppm, labels shall identify that the product contains formaldehyde: List the name and address of the responsible party; and state that physical and health hazard information is readily available from the employer and from material safety data sheets.
(iii) For materials listed in (a)(i) of this subsection,
capable of releasing formaldehyde at levels above 0.5 ppm, labels
shall appropriately address all the hazards as defined in ((Part
C, WAC 296-62-054 through 296-62-05425)) WAC 296-800-170, and
Appendices A and B, including respiratory sensitization, and
shall contain the words "Potential Cancer Hazard."
(iv) In making the determinations of anticipated levels of formaldehyde release, the employer may rely on objective data indicating the extent of potential formaldehyde release under reasonably foreseeable conditions of use.
(v) Substitute warning labels. The employer may use warning labels required by other statutes, regulations, or ordinances which impart the same information as the warning statements required by this subitem.
(d) Material safety data sheets.
(i) Any employer who uses formaldehyde-containing materials
listed in (a)(i) of this subsection shall comply with the
requirements of WAC ((296-62-05413)) 296-800-170 with regard to
the development and updating of material safety data sheets.
(ii) Manufacturers, importers, and distributors of formaldehyde containing materials listed in (a)(i) of this subsection shall assure that material safety data sheets and updated information are provided to all employers purchasing such materials at the time of the initial shipment and at the time of the first shipment after a material safety data sheet is updated.
(e) Written hazard communication program. The employer
shall develop, implement, and maintain at the workplace, a
written hazard communication program for formaldehyde exposures
in the workplace, which at a minimum describes how the
requirements specified in this section for labels and other forms
of warning and material safety data sheets, and subsection (14)
of this section for employee information and training, will be
met. Employees in multi-employer workplaces shall comply with
the requirements of WAC ((296-62-05409 (2)(b))) 296-800-170.
(14) Employee information and training.
(a) Participation. The employer shall assure that all employees who are assigned to workplaces where there is a health hazard from formaldehyde participate in a training program, except that where the employer can show, using objective data, that employees are not exposed to formaldehyde at or above 0.1 ppm, the employer is not required to provide training.
(b) Frequency. Employers shall provide such information and training to employees at the time of their initial assignment and whenever a new exposure to formaldehyde is introduced into their work area. The training shall be repeated at least annually.
(c) Training program. The training program shall be conducted in a manner which the employee is able to understand and shall include:
(i) A discussion of the contents of this regulation and the contents of the material safety data sheet;
(ii) The purpose for and a description of the medical surveillance program required by this standard, including:
(A) A description of the potential health hazards associated with exposure to formaldehyde and a description of the signs and symptoms of exposure to formaldehyde.
(B) Instructions to immediately report to the employer the development of any adverse signs or symptoms that the employee suspects is attributable to formaldehyde exposure.
(iii) Description of operations in the work area where formaldehyde is present and an explanation of the safe work practices appropriate for limiting exposure to formaldehyde in each job;
(iv) The purpose for, proper use of, and limitations of personal protective clothing;
(v) Instructions for the handling of spills, emergencies, and clean-up procedures;
(vi) An explanation of the importance of engineering and work practice controls for employee protection and any necessary instruction in the use of these controls;
(vii) A review of emergency procedures including the specific duties or assignments of each employee in the event of an emergency; and
(viii) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by chapter 296-62 WAC, Part E.
(d) Access to training materials.
(i) The employer shall inform all affected employees of the location of written training materials and shall make these materials readily available, without cost, to the affected employees.
(ii) The employer shall provide, upon request, all training materials relating to the employee training program to the director of labor and industries, or his/her designated representative.
(15) Recordkeeping.
(a) Exposure measurements. The employer shall establish and maintain an accurate record of all measurements taken to monitor employee exposure to formaldehyde. This record shall include:
(i) The date of measurement;
(ii) The operation being monitored;
(iii) The methods of sampling and analysis and evidence of their accuracy and precision;
(iv) The number, durations, time, and results of samples taken;
(v) The types of protective devices worn; and
(vi) The names, job classifications, Social Security numbers, and exposure estimates of the employees whose exposures are represented by the actual monitoring results.
(b) Exposure determinations. Where the employer has determined that no monitoring is required under this standard, the employer shall maintain a record of the objective data relied upon to support the determination that no employee is exposed to formaldehyde at or above the action level.
(c) Medical surveillance. The employer shall establish and maintain an accurate record for each employee subject to medical surveillance under this standard. This record shall include:
(i) The name and Social Security number of the employee;
(ii) The physician's written opinion;
(iii) A list of any employee health complaints that may be related to exposure to formaldehyde; and
(iv) A copy of the medical examination results, including medical disease questionnaires and results of any medical tests required by the standard or mandated by the examining physician.
(d) Record retention. The employer shall retain records required by this standard for at least the following periods:
(i) Exposure records and determinations shall be kept for at least thirty years; and
(ii) Medical records shall be kept for the duration of employment plus thirty years.
(e) Availability of records.
(i) Upon request, the employer shall make all records maintained as a requirement of this standard available for examination and copying to the director of labor and industries, or his/her designated representative.
(ii) The employer shall make employee exposure records, including estimates made from representative monitoring and available upon request for examination and copying, to the subject employee, or former employee, and employee representatives in accordance with WAC 296-62-052 through 296-62-05209 and 296-62-05213 through 296-62-05217 and WAC 296-800-180.
(iii) Employee medical records required by this standard shall be provided upon request for examination and copying, to the subject employee, or former employee, or to anyone having the specific written consent of the subject employee or former employee in accordance with WAC 296-62-05201 through 296-62-05209, and 296-62-05213 through 296-62-05217.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-07540, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-62-07540, filed 7/20/94, effective 9/20/94; 92-23-017 (Order 92-13), 296-62-07540, filed 11/10/92, effective 12/18/92; 91-11-070 (Order 91-01), 296-62-07540, filed 5/20/91, effective 6/20/91; 90-03-029 (Order 89-20), 296-62-07540, filed 1/11/90, effective 2/26/90; 88-21-002 (Order 88-23), 296-62-07540, filed 10/6/88, effective 11/7/88.]
(2) Except as provided in subsection (8) of this section and WAC 296-62-07609(5), this section does not apply to the processing, use, and handling of products containing MDA where initial monitoring indicates that the product is not capable of releasing MDA in excess of the action level under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no "dermal exposure to MDA" can occur.
(3) Except as provided in subsection (8) of this section, WAC 296-62-076 does not apply to the processing, use, and handling of products containing MDA where objective data are reasonably relied upon which demonstrate the product is not capable of releasing MDA under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no "dermal exposure to MDA" can occur.
(4) WAC 296-62-076 does not apply to the storage,
transportation, distribution, or sale of MDA in intact containers
sealed in such a manner as to contain the MDA dusts, vapors, or
liquids, except for the provisions of WAC 296-62-054 ((and)),
296-62-07607 and 296-800-170.
(5) WAC 296-62-076 does not apply to the construction industry as defined in WAC 296-155-012(6). (Exposure to MDA in the construction industry is covered by WAC 296-155-173.)
(6) Except as provided in subsection (8) of this section, WAC 296-62-076 does not apply to materials in any form which contain less than 0.1% MDA by weight or volume.
(7) Except as provided in subsection (8) of this section, WAC 296-62-076 does not apply to "finished articles containing MDA."
(8) Where products containing MDA are exempted under subsections (2) through (7) of this section, the employer shall maintain records of the initial monitoring results or objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in the recordkeeping provision of WAC 296-62-07631.
[Statutory Authority: Chapter 49.17 RCW. 93-04-111 (Order 92-15), 296-62-07601, filed 2/3/93, effective 3/15/93.]
(a) Aprons, coveralls, or other full-body work clothing;
(b) Gloves, head coverings, and foot coverings; and
(c) Face shields, chemical goggles; or
(d) Other appropriate protective equipment which comply with
((chapter 296-24 WAC, Part A-2)) WAC 296-800-160.
(2) Removal and storage.
(a) The employer shall ensure that, at the end of their work shift, employees remove MDA-contaminated protective work clothing and equipment that is not routinely removed throughout the day in change rooms provided in accordance with the provisions established for change rooms.
(b) The employer shall ensure that, during their work shift, employees remove all other MDA-contaminated protective work clothing or equipment before leaving a regulated area.
(c) The employer shall ensure that no employee takes MDA-contaminated work clothing or equipment out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.
(d) MDA-contaminated work clothing or equipment shall be placed and stored in closed containers which prevent dispersion of the MDA outside the container.
(e) Containers of MDA-contaminated protective work clothing or equipment which are to be taken out of change rooms or the workplace for cleaning, maintenance, or disposal shall bear labels warning of the hazards of MDA.
(3) Cleaning and replacement.
(a) The employer shall provide the employee with clean protective clothing and equipment. The employer shall ensure that protective work clothing or equipment required by this paragraph is cleaned, laundered, repaired, or replaced at intervals appropriate to maintain its effectiveness.
(b) The employer shall prohibit the removal of MDA from protective work clothing or equipment by blowing, shaking, or any methods which allow MDA to reenter the workplace.
(c) The employer shall ensure that laundering of MDA-contaminated clothing shall be done so as to prevent the release of MDA in the workplace.
(d) Any employer who gives MDA-contaminated clothing to another person for laundering shall inform such person of the requirement to prevent the release of MDA.
(e) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with MDA of the potentially harmful effects of exposure.
(f) MDA-contaminated clothing shall be transported in properly labeled, sealed, impermeable bags or containers.
[Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-62-07617, filed 9/30/94, effective 11/20/94; 93-04-111 (Order 92-15), 296-62-07617, filed 2/3/93, effective 3/15/93.]
(a) The employer shall post and maintain legible signs
demarcating regulated areas and entrances or accessways to
regulated areas that bear the following legend:
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING
MAY BE REQUIRED TO BE WORN IN THIS AREA
(i) For pure MDA
WHICH MAY CAUSE CANCER LIVER TOXIN
(a) Employers shall obtain or develop, and shall provide access to their employees, to a material safety data sheet (MSDS) for MDA. In meeting this obligation, employers shall make appropriate use of the information found in Appendices A and B.
(b) Employers who are manufacturers or importers shall:
(i) Comply with subdivision (1)(b) of this section as appropriate; and
(ii) Comply with the requirement in WISHA hazard communication standard, WAC 296-62-054, that they deliver to downstream employers an MSDS for MDA.
(3) Information and training.
(a) The employer shall provide employees with information
and training on MDA, in accordance with WAC ((296-62-054 through
296-62-05415)) 296-800-170, at the time of initial assignment and
at least annually thereafter.
(b) In addition to the information required under WAC
((296-62-054)) 296-800-170, the employer shall:
(i) Provide an explanation of the contents of WAC 296-62-076, including Appendices A and B, and indicate to employees where a copy of the standard is available;
(ii) Describe the medical surveillance program required under WAC 296-62-07625, and explain the information contained in Appendix C; and
(iii) Describe the medical removal provision required under WAC 296-62-07625.
(4) Access to training materials.
(a) The employer shall make readily available to all affected employees, without cost, all written materials relating to the employee training program, including a copy of this regulation.
(b) The employer shall provide to the director, upon request, all information and training materials relating to the employee information and training program.
[Statutory Authority: Chapter 49.17 RCW. 93-04-111 (Order 92-15), 296-62-07621, filed 2/3/93, effective 3/15/93.]
(a) Where as a result of the initial monitoring the processing, use, or handling of products made from or containing MDA are exempted from other requirements of this section under WAC 296-62-07601(2), the employer shall establish and maintain an accurate record of monitoring relied on in support of the exemption.
(b) This record shall include at least the following information:
(i) The product qualifying for exemption;
(ii) The source of the monitoring data (e.g., was monitoring performed by the employer or a private contractor);
(iii) The testing protocol, results of testing, and/or analysis of the material for the release of MDA;
(iv) A description of the operation exempted and how the data support the exemption (e.g., are the monitoring data representative of the conditions at the affected facility); and
(v) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.
(c) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(2) Objective data for exempted employers.
(a) Where the processing, use, or handling of products made from or containing MDA are exempted from other requirements of WAC 296-62-076 under WAC 296-62-07601, the employer shall establish and maintain an accurate record of objective data relied upon in support of the exemption.
(b) This record shall include at least the following information:
(i) The product qualifying for exemption;
(ii) The source of the objective data;
(iii) The testing protocol, results of testing, and/or analysis of the material for the release of MDA;
(iv) A description of the operation exempted and how the data support the exemption; and
(v) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.
(c) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(3) Exposure measurements.
(a) The employer shall establish and maintain an accurate record of all measurements required by WAC 296-62-07609, in accordance with Part B of this chapter.
(b) This record shall include:
(i) The dates, number, duration, and results of each of the samples taken, including a description of the procedure used to determine representative employee exposures;
(ii) Identification of the sampling and analytical methods used;
(iii) A description of the type of respiratory protective devices worn, if any; and
(iv) The name, Social Security number, job classification, and exposure levels of the employee monitored and all other employees whose exposure the measurement is intended to represent.
(c) The employer shall maintain this record for at least 30 years, in accordance with Part B of this chapter.
(4) Medical surveillance.
(a) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by WAC 296-62-07625, 296-62-07627, and 296-62-07629, in accordance with Part B of this chapter.
(b) This record shall include:
(i) The name, Social Security number, and description of the duties of the employee;
(ii) The employer's copy of the physician's written opinion on the initial, periodic, and any special examinations, including results of medical examination and all tests, opinions, and recommendations;
(iii) Results of any airborne exposure monitoring done for that employee and the representative exposure levels supplied to the physician; and
(iv) Any employee medical complaints related to exposure to MDA.
(c) The employer shall keep, or assure that the examining physician keeps, the following medical records:
(i) A copy of this standard and its appendices, except that the employer may keep one copy of the standard and its appendices for all employees provided the employer references the standard and its appendices in the medical surveillance record of each employee;
(ii) A copy of the information provided to the physician as required by any sections in the regulatory text;
(iii) A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to the information;
(iv) A copy of the employee's medical and work history related to exposure to MDA.
(d) The employer shall maintain this record for at least the duration of employment plus 30 years, in accordance with Part B of this chapter.
(5) Medical removals.
(a) The employer shall establish and maintain an accurate record for each employee removed from current exposure to MDA pursuant to WAC 296-62-07625, 296-62-07627, and 296-62-07629.
(b) Each record shall include:
(i) The name and Social Security number of the employee;
(ii) The date of each occasion that the employee was removed from current exposure to MDA as well as the corresponding date on which the employee was returned to his or her former job status;
(iii) A brief explanation of how each removal was or is being accomplished; and
(iv) A statement with respect to each removal indicating the reason for the removal.
(c) The employer shall maintain each medical removal record for at least the duration of an employee's employment plus 30 years.
(6) Availability.
(a) The employer shall assure that records required to be maintained by WAC 296-62-076 shall be made available, upon request, to the director for examination and copying.
(b) Employee exposure monitoring records required by WAC 296-62-076 shall be provided upon request for examination and
copying to employees, employee representatives, and the director
in accordance with the applicable sections of WAC ((296-62-054))
296-800-170.
(c) Employee medical records required by this section shall be provided upon request for examination and copying, to the subject employee, to anyone having the specific written consent of the subject employee, and to the director in accordance with Part B of this chapter.
(7) Transfer of records.
(a) The employer shall comply with the requirements involving transfer of records set forth in WAC 296-62-05215.
(b) If the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the director, at least 90 days prior to disposal, and transmit the records to the director if so requested by the director within that period.
[Statutory Authority: Chapter 49.17 RCW. 93-04-111 (Order 92-15), 296-62-07631, filed 2/3/93, effective 3/15/93.]
(a) Coveralls or similar full-body work clothing;
(b) Gloves, head coverings, and foot coverings; and
(c) Face shields, vented goggles, or other appropriate
protective equipment which complies with WAC ((296-24-07801))
296-800-160.
(2) Removal and storage.
(a) The employer shall ensure that employees remove work clothing contaminated with asbestos only in change rooms provided in accordance with WAC 296-62-07719(1).
(b) The employer shall ensure that no employee takes contaminated work clothing out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.
(c) Contaminated clothing. Contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and be labeled in accordance with WAC 296-62-07721.
(d) Containers of contaminated protective devices or work clothing which are to be taken out of change rooms or the workplace for cleaning, maintenance, or disposal, shall bear labels in accordance with WAC 296-62-07721(6).
(3) Cleaning and replacement.
(a) The employer shall clean, launder, repair, or replace protective clothing and equipment required by this paragraph to maintain their effectiveness. The employer shall provide clean protective clothing and equipment at least weekly to each affected employee.
(b) The employer shall prohibit the removal of asbestos from protective clothing and equipment by blowing or shaking.
(c) Laundering of contaminated clothing shall be done so as to prevent the release of airborne fibers of asbestos in excess of the permissible exposure limits prescribed in WAC 296-62-07705.
(d) Any employer who gives contaminated clothing to another person for laundering shall inform such person of the requirement in (c) of this subsection to effectively prevent the release of airborne fibers of asbestos in excess of the permissible exposure limits.
(e) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with asbestos of the potentially harmful effects of exposure to asbestos.
(f) Contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with WAC 296-62-07721.
(4) Inspection of protective clothing for construction and shipyard work.
(a) The competent person shall examine worksuits worn by employees at least once per workshift for rips or tears that may occur during performance of work.
(b) When rips or tears are detected while an employee is working, rips and tears shall be immediately mended, or the worksuit shall be immediately replaced.
[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-19-014, 296-62-07717, filed 9/5/97, effective 11/5/97; 97-01-079, 296-62-07717, filed 12/17/96, effective 3/1/97. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-62-07717, filed 7/20/94, effective 9/20/94; 89-11-035 (Order 89-03), 296-62-07717, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), 296-62-07717, filed 11/30/87. Statutory Authority: RCW 49.17.050(2) and 49.17.040. 87-10-008 (Order 87-06), 296-62-07717, filed 4/27/87.]
(a) Introduction. This section applies to the communication of information concerning asbestos hazards in general industry. Asbestos exposure in industry occurs in a wide variety of industrial and commercial settings. Employees who manufacture asbestos-containing products may be exposed to asbestos fibers. Employees who repair and replace automotive brakes and clutches may be exposed to asbestos fibers. In addition, employees engaged in housekeeping activities in industrial facilities with asbestos product manufacturing operations, and in public and commercial buildings with installed asbestos-containing materials may be exposed to asbestos fibers. It should be noted that employees who perform housekeeping activities during and after construction activities are covered by asbestos construction work requirements in WAC 296-62-077. Housekeeping employees, regardless of industry designation, should know whether building components they maintain may expose them to asbestos. Building owners are often the only and/or best source of information concerning the presence of previously installed asbestos-containing building materials. Therefore they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section.
(b) Installed asbestos-containing material. Employers and building owners are required to treat installed TSI and sprayed-on and troweled-on surfacing materials as ACM for the purposes of this standard. These materials are designated "presumed ACM or PACM," and are defined in WAC 296-62-07703. Asphalt and vinyl flooring installed no later than 1980 also must be treated as asbestos-containing. The employer or building owner may demonstrate that PACM and flooring materials do not contain asbestos by complying with WAC 296-62-07712 (10)(a)(ix).
(c) Duties of employers and building and facility owners.
(i) Building and facility owners must determine the presence, location, and quantity of ACM and/or PACM at the worksite. Employers and building and facility owners must exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of ACM and PACM.
(ii) Before authorizing or allowing any construction, renovation, remodeling, maintenance, repair, or demolition project, an owner or owner's agent must perform, or cause to be performed, a good faith inspection to determine whether materials to be worked on or removed contain asbestos. The inspection must be documented by a written report maintained on file and made available upon request to the director.
(A) The good faith inspection must be conducted by an accredited inspector.
(B) Such good faith inspection is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed by the project or the owner or owner's agent assumes that the suspect material contains asbestos and handles the material in accordance with WAC 296-62-07701 through 296-62-07753.
(iii) The owner or owner's agent must provide, to all contractors submitting a bid to undertake any construction, renovation, remodeling, maintenance, repair, or demolition project, the written statement either of the reasonable certainty of nondisturbance of asbestos or of assumption of the presence of asbestos. Contractors must be provided with the written report before they apply or bid to work.
(iv) Any owner or owner's agent who fails to comply with (c)(ii) and (iii) of this subsection must be subject to a mandatory fine of not less than two hundred fifty dollars for each violation. Each day the violation continues must be considered a separate violation. In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section must be halted immediately and cannot be resumed before meeting such requirements.
(v) Building and facility owners must inform employers of employees, and employers must inform employees who will perform housekeeping activities in areas which contain ACM and/or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during such activities.
(vi) Upon written or oral request, building or facility owners must make a copy of the written report required in this section available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials. A copy of the written report must be posted conspicuously at the location where employees report to work.
(vii) Building and facility owners must maintain records of all information required to be provided according to this section and/or otherwise known to the building owner concerning the presence, location and quantity of ACM and PACM in the building/facility. Such records must be kept for the duration of ownership and must be transferred to successive owners.
(2) Communication of hazards to employees. Requirements for construction and shipyard employment activities.
(a) Introduction. This section applies to the communication of information concerning asbestos hazards in construction and shipyard employment activities. Most asbestos-related construction and shipyard activities involve previously installed building materials. Building/vessel owners often are the only and/or best sources of information concerning them. Therefore, they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section. Installed Asbestos Containing Building/Vessel Material: Employers and building/vessel owners must identify TSI and sprayed or troweled on surfacing materials as asbestos-containing unless the employer, by complying with WAC 296-62-07721(3) determines it is not asbestos containing. Asphalt or vinyl flooring/decking material installed in buildings or vessels no later than 1980 must also be considered as asbestos containing unless the employer/owner, according to WAC 296-62-07712 (10)(a)(ix) determines it is not asbestos containing. If the employer or building/vessel owner has actual knowledge or should have known, through the exercise of due diligence, that materials other than TSI and sprayed-on or troweled-on surfacing materials are asbestos containing, they must be treated as such. When communicating information to employees according to this standard, owners and employers must identify "PACM" as ACM. Additional requirements relating to communication of asbestos work on multi-employer worksites are set out in WAC 296-62-07706.
(b) Duties of building/vessel and facility owners.
(i) Before work subject to this section is begun, building/vessel and facility owners must identify the presence, location and quantity of ACM, and/or PACM at the worksite. All thermal system insulation and sprayed on or troweled on surfacing materials in buildings/vessels or substrates constructed no later than 1980 must be identified as PACM. In addition, resilient flooring/decking material installed no later than 1980 must also be identified as asbestos containing.
(ii) Before authorizing or allowing any construction, renovation, remodeling, maintenance, repair, or demolition project, a building/vessel and facility owner or owner's agent must perform, or cause to be performed, a good faith inspection to determine whether materials to be worked on or removed contain asbestos. The inspection must be documented by a written report maintained on file and made available upon request to the director.
(A) The good faith inspection must be conducted by an accredited inspector.
(B) Such good faith inspection is not required if the building/vessel and facility owner or owner's agent assumes that the suspect material contains asbestos and handles the material in accordance with WAC 296-62-07701 through 296-62-07753 or if the owner or the owner's agent is reasonably certain that asbestos will not be disturbed by the project.
(iii) The building/vessel and facility owner or owner's agent must provide, to all contractors submitting a bid to undertake any construction, renovation, remodeling, maintenance, repair, or demolition project, the written statement either of the reasonable certainty of nondisturbance of asbestos or of assumption of the presence of asbestos. Contractors must be provided the written report before they apply or bid on work.
(iv) Any building/vessel and facility owner or owners agent who fails to comply with WAC 296-62-07721 (2)(b)(ii) and (iii) must be subject to a mandatory fine of not less than two hundred fifty dollars for each violation. Each day the violation continues must be considered a separate violation. In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section must be halted immediately and cannot be resumed before meeting such requirements.
(v) Upon written or oral request, building/vessel and facility owner or owner's agent must make a copy of the written report required in this section available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials. A copy of the written report must be posted conspicuously at the location where employees report to work.
(vi) Building/vessel and facility owner or owner's agent must notify in writing the following persons of the presence, location and quantity of ACM or PACM, at worksites in their buildings/facilities/vessels.
(A) Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material;
(B) Employees of the owner who will work in or adjacent to areas containing such material;
(C) On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials;
(D) Tenants who will occupy areas containing such materials.
(c) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM. Building/vessel and facility owner or owner's agents whose employees perform such work must comply with these provisions to the extent applicable.
(i) Before work subject to this standard is begun, building/vessel and facility owner or owner's agents must determine the presence, location, and quantity of ACM and/or PACM at the worksite according to WAC 296-62-07721 (2)(b).
(ii) Before work under this standard is performed employers of employees who will perform such work must inform the following persons of the location and quantity of ACM and/or PACM present at the worksite and the precautions to be taken to insure that airborne asbestos is confined to the area.
(A) Owners of the building/vessel or facility;
(B) Employees who will perform such work and employers of employees who work and/or will be working in adjacent areas;
(iii) Upon written or oral request, a copy of the written report required in this section must be made available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials. A copy of the written report must be posted conspicuously at the location where employees report to work.
(iv) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, must inform the building/vessel or facility owner and employers of employees who will be working in the area of the current location and quantity of PACM and/or ACM remaining in the former regulated area and final monitoring results, if any.
(d) In addition to the above requirements, all employers who discover ACM and/or PACM on a worksite must convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the worksite, within 24 hours of the discovery.
(e) No contractor may commence any construction, renovation, remodeling, maintenance, repair, or demolition project without receiving a copy of the written response or statement required by WAC 296-62-07721 (2)(b). Any contractor who begins any project without the copy of the written report or statement will be subject to a mandatory fine of not less than two hundred fifty dollars per day. Each day the violation continues will be considered a separate violation.
(3) Criteria to rebut the designation of installed material as PACM.
(a) At any time, an employer and/or building/vessel owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building/vessel owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration according to the requirements of (b) of this subsection has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, must be retained according to WAC 296-62-07727.
(b) An employer or owner may demonstrate that PACM does not contain asbestos by the following:
(i) Having a completed inspection conducted according to the requirements of AHERA (40 CFR Part 763, Subpart E) which demonstrates that the material is not ACM;
(ii) Performing tests of the material containing PACM which demonstrate that no asbestos is present in the material. Such tests must include analysis of bulk samples collected in the manner described in 40 CFR 763.86, Asbestos-containing materials in schools. The tests, evaluation and sample collection must be conducted by an accredited inspector. Analysis of samples must be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Associate (AIHA), or an equivalent nationally recognized Round Robin testing program.
(4) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain TSI or surfacing ACM and PACM, the building/vessel and facility owner or owner's agent must post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.
(5) Warning signs.
(a) Warning signs that demarcate the regulated area must be provided and displayed at each location where a regulated area is required. In addition, warning signs must be posted at all approaches to regulated areas and be posted at such a distance from such a location that an employee may read the signs and take necessary protective steps before entering the area marked by the signs.
(b) The warning signs required by (a) of this subsection
must bear the following information:
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
(6) Warning labels.
(a) Warning labels must be affixed to all products containing asbestos including raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, and to their containers including waste containers. Installed asbestos products must contain a visible label, except where such a label would clearly not be feasible.
(b) Labels must be printed in large, bold letters on a contrasting background.
(c) The labels must comply with the requirements of WAC
((296-62-05411)) 296-800-170, and must include the following
information:
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
AVOID BREATHING AIRBORNE ASBESTOS FIBERS
(a) Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer can demonstrate that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of fibers of asbestos in excess of the excursion limit will be released; or
(b) Asbestos is present in a product in concentrations less than 1.0 percent by weight.
(8) Material safety data sheets. Employers who are manufacturers or importers of asbestos, or asbestos products must comply with the requirements regarding development of material safety data sheets as specified in WAC 296-62-05413, except as provided by subsection (7) of this section.
(9) When a building/vessel owner/or employer identifies previously installed PACM and/or ACM, labels or signs must be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM. The employer must attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical rooms/areas. Signs required by subsection (5)(a) of this section may be posted in lieu of labels so long as they contain information required for labeling. The employer must ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.
[Statutory Authority: RCW 49.17.040, 49.17.050, 49.26.040 and 49.26.130. 99-17-026, 296-62-07721, filed 8/10/99, effective 11/10/99. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-19-014, 296-62-07721, filed 9/5/97, effective 11/5/97; 97-01-079, 296-62-07721, filed 12/17/96, effective 3/1/97. Statutory Authority: Chapter 49.17 RCW. 93-01-005 (Order 92-20), 296-62-07721, filed 12/2/92, effective 1/15/93; 91-03-044 (Order 90-18), 296-62-07721, filed 1/10/91, effective 2/12/91; 89-21-018 (Order 89-10), 296-62-07721, filed 10/10/89, effective 11/24/89; 89-11-035 (Order 89-03), 296-62-07721, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), 296-62-07721, filed 11/30/87. Statutory Authority: RCW 49.17.050(2) and 49.17.040. 87-10-008 (Order 87-06), 296-62-07721, filed 4/27/87.]
(a) This section applies to all operations involving the immersion of materials in liquids, or in the vapors of such liquids, for the purpose of cleaning or altering the surface or adding to or imparting a finish thereto or changing the character of the materials, and their subsequent removal from the liquid or vapor, draining, and drying. These operations include washing, electroplating, anodizing, pickling, quenching, dyeing, dipping, tanning, dressing, bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting, and other similar operations.
(b) Except where specific construction specifications are prescribed in this section, hoods, ducts, elbows, fans, blowers, and all other exhaust system parts, components, and supports thereof shall be so constructed as to meet conditions of service and to facilitate maintenance and shall conform in construction to the specifications contained in American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, Z9.2-1960.
(2) Classification of open-surface tank operations.
(a) Open-surface tank operations shall be classified into 16 classes, numbered A-1 to D-4, inclusive.
(b) Determination of class. Class is determined by two factors, hazard potential designated by a letter from A to D, inclusive, and rate of gas, vapor, or mist evolution designated by a number from 1 to 4, inclusive (for example, B.3).
(c) Hazard potential is an index, on a scale of from A to D, inclusive, of the severity of the hazard associated with the substance contained in the tank because of the toxic, flammable, or explosive nature of the vapor, gas, or mist produced therefrom. The toxic hazard is determined from the concentration, measured in parts by volume of a gas or vapor, per million parts by volume of contaminated air (ppm), or in milligrams of mist per cubic meter of air (mg/m3), below which ill effects are unlikely to occur to the exposed worker. The concentrations shall be those in WAC 296-62-075 through 296-62-07515.
(d) The relative fire or explosion hazard is measured in degrees Fahrenheit in terms of the closed-cup flash point of the substance in the tank. Detailed information on the prevention of fire hazards in dip tanks may be found in Dip Tanks Containing Flammable or Combustible Liquids, NFPA No. 34-1966, National Fire Protection Association. Where the tank contains a mixture of liquids, other than organic solvents, whose effects are additive, the hygienic standard of the most toxic component (for example, the one having the lowest ppm or mg/m3) shall be used, except where such substance constitutes an insignificantly small fraction of the mixture. For mixtures of organic solvents, their combined effect, rather than that of either individually, shall determine the hazard potential. In the absence of information to the contrary, the effects shall be considered as additive. If the sum of the ratios of the airborne concentration of that contaminant exceeds unity, the toxic concentration shall be considered to have been exceeded. (See Note A of (2)(e) of this section.)
(e) Hazard potential shall be determined from Table 16, with the value indicating greater hazard being used. When the hazardous material may be either a vapor with a permissible exposure limit in ppm or a mist with a TLV in mg/m3, the TLV indicating the greater hazard shall be used (for example, A takes precedence over B or C; B over C; C over D).
| Note A: | |||||||
| c1 | + | c2 | + | c3 | +...+ | cN | >1 |
| PEL | PEL | PEL | PEL | ||||
| where: c = Concentration measured at the operation in ppm. |
|||||||
DETERMINATION OF HAZARD POTENTIAL
Toxicity Group |
||||||||||
Hazard potential |
Gas or vapor (ppm) |
Mist (mg/m3) |
Flash point (in degrees F.) |
|||||||
A . . . . . . . . . . . . |
0 |
- |
10 |
0 |
- |
0.1 |
. . . . |
|||
| B . . . . . . . . . . . . | 11 | - | 100 | 0.11 | - | 1.0 | Under 100 | |||
| C . . . . . . . . . . . . | 101 | - | 500 | 1.1 | - | 10 | 100-200 | |||
| D . . . . . . . . . . . . | Over | 500 | Over | 10 | Over 200 | |||||
(i) The temperature of the liquid in the tank in degrees Fahrenheit;
(ii) The number of degrees Fahrenheit that this temperature is below the boiling point of the liquid in degrees Fahrenheit;
(iii) The relative evaporation of the liquid in still air at room temperature in an arbitrary scale -- fast, medium, slow, or nil; and
(iv) The extent that the tank gases or produces mist in an arbitrary scale -- high, medium, low, and nil. (See Table 17, Note 2.) Gassing depends upon electrochemical or mechanical processes, the effects of which have to be individually evaluated for each installation (see Table 17, Note 3).
(g) Rate of evolution shall be determined from Table 17. When evaporation and gassing yield different rates, the lowest numerical value shall be used.
| TABLE 17 DETERMINATION OF RATE OF GAS, VAPOR, OR MIST EVOLUTION1 |
||||
| Rate | Liquid
tempera- ture, F |
Degrees below boiling point |
Evaporation2 |
Relative Gassing3 |
1 . . . . . . . . . . . . |
Over 200 |
0-20 |
Fast . . . . . . |
High |
| 2 . . . . . . . . . . . . | 150-200 | 21-50 | Medium . . . | Medium |
| 3 . . . . . . . . . . . . | 94-149 | 51-100 | Slow . . . . . | Low |
| 4 . . . . . . . . . . . . | Under 94 | Over 100 | Nil . . . . . . . | Nil |
| Note 1. | In certain classes of equipment, specifically vapor degreasers, an internal condenser or vapor level thermostat is used to prevent the vapor from leaving the tank during normal operations. In such cases, rate of vapor evolution from the tank into the workroom is not dependent upon the factors listed in the table, but rather upon abnormalities of operating procedure, such as carry out of vapors from excessively fast action, dragout of liquid by entrainment in parts, contamination of solvent by water and other materials, or improper heat balance. When operating procedure is excellent, effective rate of evolution may be taken as 4. When operating procedures are average, the effective rate of evolution may be taken as 3. When operation is poor, a rate of 2 or 1 is indicated, depending upon observed conditions. |
| Note 2. | Relative evaporation rate is determined according to the methods described by A. K. Doolittle in Industrial and Engineering Chemistry, vol. 27, p. 1169, (3) where time for 100 -- percent evaporation is as follows: Fast: 0-3 hours; Medium: 3-12 hours; Slow: 12-50 hours; Nil: more than 50 hours. |
| Note 3. | Gassing means the formation by chemical or electrochemical action of minute bubbles of gas under the surface of the liquid in the tank and is generally limited to aqueous solutions. |
(4) Control requirements.
(a) Control velocities shall conform to Table 18 in all cases where the flow of air past the breathing or working zone of the operator and into the hoods is undisturbed by local environmental conditions, such as open windows, wall fans, unit heaters, or moving machinery.
(b) All tanks exhausted by means of hoods which;
(i) Project over the entire tank;
(ii) Are fixed in position in such a location that the head of the workman, in all his normal operating positions while working at the tank, is in front of all hood openings; and
(iii) Are completely enclosed on at least two sides, shall be considered to be exhausted through an enclosing hood.
(iv) The quantity of air in cubic feet per minute necessary to be exhausted through an enclosing hood shall be not less than the product of the control velocity times the net area of all openings in the enclosure through which air can flow into the hood.
Class (See Sub- paragraph (2) and Tables 16 and 17) |
Enclosing hood (See Subparagraph (4)(ii)) |
Lateral exhaust1 (See Subparagraph (4)(iii)) |
Canopy hood2 (See Sub- paragraph (4)(iv)) |
||||
| One open side |
Two open sides |
Three open sides |
Four open
sides |
||||
A-1 and A-2 |
100 |
150 |
150 |
Do not use |
Do not use |
||
| A-3 (Note 2), |
|||||||
| B-1, B-2, and C-1 |
75 |
100 |
100 |
125 |
175 |
||
| B-3, C-2, and D-1 (Note 3) |
65 |
90 |
75 |
100 |
150 |
||
| A-4 (Note 2), C-3, and D-2 (Note 3) |
50 |
75 |
50 |
75 |
125 |
||
| B-4, C-4, D-3 (Note 3), and D-4 |
|||||||
| General room ventilation required. |
|||||||
| 1 | See Table 19 for computation of ventilation rate. |
| 2 | Do not use canopy hood for Hazard Potential A processes. |
| 3 | Where complete control of hot water is desired, design as next highest class. |
(i) For lateral exhaust hoods over 42 inches wide, or where it is desirable to reduce the amount of air removed from the workroom, air supply slots or orifices shall be provided along the side or the center of the tank opposite from the exhaust slots. The design of such systems shall meet the following criteria:
(A) The supply air volume plus the entrained air shall not exceed 50 percent of the exhaust volume.
(B) The velocity of the supply airstream as it reaches the effective control area of the exhaust slot shall be less than the effective velocity over the exhaust slot area.
(C) The vertical height of the receiving exhaust hood, including any baffle, shall not be less than one-quarter the width of the tank.
(D) The supply airstream shall not be allowed to impinge on obstructions between it and the exhaust slot in such a manner as to significantly interfere with the performance of the exhaust hood.
Required minimum control velocity, f.p.m. (from Table |
|||||||||||
| C.f.m. per sq. ft. to maintain required
minimum velocities at following ratios
(tank width (W)/tank length (L)).1 3 |
|||||||||||
| 0.0- 0.09 |
0.1- 0.24 |
0.25- 0.49 |
0.5- 0.99 |
1.0- 2.0 |
|||||||
| Hood along one side or two parallel sides of tank when one hood is against a
wall or baffle.2 Also for a manifold along tank centerline.3 |
|||||||||||
| 50 . . . . . . . . . . . . | 50 | 60 | 75 | 90 | 100 | ||||||
| 75 . . . . . . . . . . . . | 75 | 90 | 110 | 130 | 150 | ||||||
| 100 . . . . . . . . . . . . | 100 | 125 | 150 | 175 | 200 | ||||||
| 150 . . . . . . . . . . . . | 150 | 190 | 225 | 260 | 300 | ||||||
| Hood along one side or two parallel sides of free standing tank not against wall or baffle. | |||||||||||
| 50 . . . . . . . . . . . . | 75 | 90 | 100 | 110 | 125 | ||||||
| 75 . . . . . . . . . . . . | 110 | 130 | 150 | 170 | 190 | ||||||
| 100 . . . . . . . . . . . . | 150 | 175 | 200 | 225 | 250 | ||||||
| 150 . . . . . . . . . . . . | 225 | 260 | 300 | 340 | 375 |
||||||
| 1 | It is not practicable to ventilate across the long dimension of a tank whose ratio W/L exceeds 2.0. |
| It is understandable to do so when W/L exceeds 1.0. For circular tanks with lateral exhaust along up the circumference use W/L= 1.0 for over one-half the circumference use W/L= 0.5. |
| 2 | Baffle is a vertical plate the same length as the tank, and with the top of the plate as high as the tank is wide. If the exhaust hood is on the side of a tank against a building wall or close to it, it is perfectly baffled. |
| 3 | Use W/L as tank width in computing when manifold is along centerline, or when hoods are used on two parallel sides of a tank. |
| Tank Width (W) means the effective width over which the hood must pull air to operate (for example, where the hood face is not back from the edge of the tank, this set back must be added in measuring tank width). The surface area of tanks can frequently be reduced and better control obtained (particularly on conveyorized systems) by using covers extending from the upper edges of the slots toward the center of the tank. |
(d) All tanks exhausted by means of hoods which project over the entire tank, and which do not conform to the definition of enclosing hoods, shall be considered to be overhead canopy hoods. The quantity of air in cubic feet per minute necessary to be exhausted through a canopy hood shall be not less than the product of the control velocity times the net area of all openings between the bottom edges of the hood and the top edges of the tank.
(e) The rate of vapor evolution (including steam or products of combustion) from the process shall be estimated. If the rate of vapor evolution is equal to or greater than 10 percent of the calculated exhaust volume required, the exhaust volume shall be increased in equal amount.
(5) Spray cleaning and degreasing. Wherever spraying or other mechanical means are used to disperse a liquid above an open-surface tank, control must be provided for the airborne spray. Such operations shall be enclosed as completely as possible. The inward air velocity into the enclosure shall be sufficient to prevent the discharge of spray into the workroom. Mechanical baffles may be used to help prevent the discharge of spray. Spray painting operations are covered in WAC 296-62-11019.
(6) Control means other than ventilation. Tank covers, foams, beads, chips, or other materials floating on the tank surface so as to confine gases, mists, or vapors to the area under the cover or to the foam, bead, or chip layer; or surface tension depressive agents added to the liquid in the tank to minimize mist formation, or any combination thereof, may all be used as gas, mist, or vapor control means for open-surface tank operations, provided that they effectively reduce the concentrations of hazardous materials in the vicinity of the worker below the limits set in accordance with (2) of this section.
(7) System design.
(a) The equipment for exhausting air shall have sufficient capacity to produce the flow of air required in each of the hoods and openings of the system.
(b) The capacity required in (7)(a) of this section shall be obtained when the airflow producing equipment is operating against the following pressure losses, the sum of which is the static pressure:
(i) Entrance losses into the hood.
(ii) Resistance to airflow in branch pipe including bends and transformations.
(iii) Entrance loss into the main pipe.
(iv) Resistance to airflow in main pipe including bends and transformations.
(v) Resistance of mechanical equipment; that is, filters, washers, condensers, absorbers, etc., plus their entrance and exit losses.
(vi) Resistance in outlet duct and discharge stack.
(c) Two or more operations shall not be connected to the same exhaust system where either one or the combination of the substances removed may constitute a fire, explosion, or chemical reaction hazard in the duct system. Traps or other devices shall be provided to insure that condensate in ducts does not drain back into any tank.
(d) The exhaust system, consisting of hoods, ducts, air mover, and discharge outlet shall be designed in accordance with American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, Z9.2-1960, or the manual, Industrial Ventilation, published by the American Conference of Governmental Industrial Hygienists. Airflow and pressure loss data provided by the manufacturer of any air cleaning device shall be included in the design calculations.
(8) Operation.
(a) The required airflow shall be maintained at all times during which gas, mist, or vapor is emitted from the tank, and at all times the tank, the draining, or the drying area is in operation or use. When the system is first installed, the airflow from each hood shall be measured by means of a pitot traverse in the exhaust duct and corrective action taken if the flow is less than that required. When the proper flow is obtained, the hood static pressure shall be measured and recorded. At intervals of not more than 3 months operation, or after a prolonged shutdown period, the hoods and duct system shall be inspected for evidence of corrosion or damage. In any case where the airflow is found to be less than required, it shall be increased to the required value. (Information on airflow and static pressure measurement and calculations may be found in American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, Z9.2-1960, or in the manual, Industrial Ventilation, published by the American Conference of Governmental Industrial Hygienists.)
(b) The exhaust system shall discharge to the outer air in such a manner that the possibility of its effluent entering any building is at a minimum. Recirculation shall only be through a device for contaminant removal which will prevent the creation of a health hazard in the room or area to which the air is recirculated.
(c) A volume of outside air in the range of 90 percent to 110 percent of the exhaust volume shall be provided to each room having exhaust hoods. The outside air supply shall enter the workroom in such a manner as not to be detrimental to any exhaust hood. The airflow of the makeup air system shall be measured on installation. Periodically, thereafter, the airflow should be remeasured, and corrective action shall be taken when the airflow is below that required. The makeup air shall be uncontaminated.
(9) Personal protection.
(a) All employees working in and around open surface tank operations must be instructed as to the hazards of their respective jobs, and in the personal protection and first aid procedures applicable to these hazards.
(b) All persons required to work in such a manner that their feet may become wet shall be provided with rubber or other impervious boots or shoes, rubbers, or wooden-soled shoes sufficient to keep feet dry.
(c) All persons required to handle work wet with a liquid other than water shall be provided with gloves impervious to such a liquid and of a length sufficient to prevent entrance of liquid into the tops of the gloves. The interior of gloves shall be kept free from corrosive or irritating contaminants.
(d) All persons required to work in such a manner that their clothing may become wet shall be provided with such aprons, coats, jackets, sleeves, or other garments made of rubber, or of other materials impervious to liquids other than water, as are required to keep their clothing dry. Aprons shall extend well below the top of boots to prevent liquid splashing into the boots. Provision of dry, clean, cotton clothing along with rubber shoes or short boots and an apron impervious to liquids other than water shall be considered a satisfactory substitute where small parts are cleaned, plated, or acid dipped in open tanks and rapid work is required.
(e) Whenever there is a danger of splashing, for example,
when additions are made manually to the tanks, or when acids and
chemicals are removed from the tanks, the employees so engaged
shall be required to wear either tight-fitting chemical goggles
or an effective face shield. (See WAC ((296-24-078))
296-800-160.)
(f) When, during emergencies as described in (11)(e) of this section, employees must be in areas where concentrations of air contaminants are greater than the limit set by (2)(c) of this section or oxygen concentrations are less than 19.5%, they must be required to wear respirators adequate to reduce their exposure to a level below these limits or that provide adequate oxygen. Such respirators must also be provided in marked, quickly accessible storage compartments built for the purpose, when there exists the possibility of accidental release of hazardous concentrations of air contaminants. Respirators must be certified by NIOSH under 42 CFR part 84 and used in accordance with the applicable provisions of chapter 296-62 WAC Part E.
(g) Near each tank containing a liquid which may burn, irritate, or otherwise be harmful to the skin if splashed upon the worker's body, there shall be a supply of clean cold water. The water pipe (carrying a pressure not exceeding 25 pounds) shall be provided with a quick opening valve and at least 48 inches of hose not smaller than three-fourths inch, so that no time may be lost in washing off liquids from the skin or clothing. Alternatively, deluge showers and eye flushes shall be provided in cases where harmful chemicals may be splashed on parts of the body.
(h) Operators with sores, burns, or other skin lesions requiring medical treatment shall not be allowed to work at their regular operations until so authorized by a physician. Any small skin abrasions, cuts, rash, or open sores which are found or reported shall be treated by a properly designated person so that chance of exposures to the chemicals are removed. Workers exposed to chromic acids shall have a periodic examination made of the nostrils and other parts of the body, to detect incipient ulceration.
(i) Sufficient washing facilities, including soap,
individual towels, and hot water, shall be provided for all
persons required to use or handle any liquids which may burn,
irritate, or otherwise be harmful to the skin, on the basis of at
least one basin (or its equivalent) with a hot water faucet for
every 10 employees. (See WAC ((296-24-12009)) 296-800-230.)
(j) Locker space or equivalent clothing storage facilities shall be provided to prevent contamination of street clothing.
(k) First aid facilities specific to the hazards of the operations conducted shall be readily available.
(10) Special precautions for cyanide. Dikes or other arrangements shall be provided to prevent the possibility of intermixing of cyanide and acid in the event of tank rupture.
(11) Inspection, maintenance, and installation.
(a) Floors and platforms around tanks shall be prevented from becoming slippery both by original type of construction and by frequent flushing. They shall be firm, sound, and of the design and construction to minimize the possibility of tripping.
(b) Before cleaning the interior of any tank, the contents shall be drained off, and the cleanout doors shall be opened where provided. All pockets in tanks or pits, where it is possible for hazardous vapors to collect, shall be ventilated and cleared of such vapors.
(c) Tanks which have been drained to permit employees to enter for the purposes of cleaning, inspection, or maintenance may contain atmospheres which are hazardous to life or health, through the presence of flammable or toxic air contaminants, or through the absence of sufficient oxygen. Before employees shall be permitted to enter any such tank, appropriate tests of the atmosphere shall be made to determine if the limits set by (2)(c) of this section are exceeded, or if the oxygen concentration is less than 19.5%.
(d) If the tests made in accordance with (11)(c) of this section indicate that the atmosphere in the tank is unsafe, before any employee is permitted to enter the tank, the tank shall be ventilated until the hazardous atmosphere is removed, and ventilation shall be continued so as to prevent the occurrence of a hazardous atmosphere as long as an employee is in the tank.
(e) If, in emergencies, such as rescue work, it is necessary to enter a tank which may contain a hazardous atmosphere, suitable respirators, such as self-contained breathing apparatus; hose mask with blower, if there is a possibility of oxygen deficiency; or a gas mask, selected and operated in accordance with (9)(f) of this section, shall be used. If a contaminant in the tank can cause dermatitis, or be absorbed through the skin, the employee entering the tank shall also wear protective clothing. At least one trained standby employee, with suitable respirator, shall be present in the nearest uncontaminated area. The standby employee must be able to communicate with the employee in the tank and be well able to haul him out of the tank with a lifeline if necessary.
(f) Maintenance work requiring welding or open flame, where toxic metal fumes such as cadmium, chromium, or lead may be evolved, shall be done only with sufficient local exhaust ventilation to prevent the creation of a health hazard, or be done with respirators selected and used in accordance with (9)(f) of this section. Welding, or the use of open flames near any solvent cleaning equipment shall be permitted only after such equipment has first been thoroughly cleared of solvents and vapors.
(12) Vapor degreasing tanks.
(a) In any vapor degreasing tank equipped with a condenser and vapor level thermostat, the condenser or thermostat shall keep the level of vapors below the top edge of the tank by a distance at least equal to one-half the tank width, or at least 36 inches, whichever is shorter.
(b) Where gas is used as a fuel for heating vapor degreasing tanks, the combustion chamber shall be of tight construction, except for such openings as the exhaust flue, and those that are necessary for supplying air for combustion. Flues shall be of corrosion-resistant construction and shall extend to the outer air. If mechanical exhaust is used on this flue, a draft diverter shall be used. Special precautions must be taken to prevent solvent fumes from entering the combustion air of this or any other heater when chlorinated or fluorinated hydrocarbon solvents (for example, trichloroethylene; Freon) are used.
(c) Heating elements shall be so designed and maintained that their surface temperature will not cause the solvent or mixture to decompose, break down, or be converted into an excessive quantity of vapor.
(d) Tanks or machines of more than 4 square feet of vapor area, used for solvent cleaning or vapor degreasing, shall be equipped with suitable cleanout or sludge doors located near the bottom of each tank or still. These doors shall be so designed and gasketed that there will be no leakage of solvent when they are closed.
(13) Scope.
(a) This paragraph applies to all operations involving the immersion of materials in liquids, or in the vapors of such liquids, for the purpose of cleaning or altering their surfaces, or adding or imparting a finish thereto, or changing the character of the materials, and their subsequent removal from the liquids or vapors, draining, and drying. Such operations include washing, electroplating, anodizing, pickling, quenching, dyeing, dipping, tanning, dressing, bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting, and other similar operations, but do not include molten materials handling operations, or surface coating operations.
(b) "Molten materials handling operations" means all operations, other than welding, burning, and soldering operations, involving the use, melting, smelting, or pouring of metals, alloys, salts, or other similar substances in the molten state. Such operations also include heat treating baths, descaling baths, die casting stereotyping, galvanizing, tinning, and similar operations.
(c) "Surface coating operations" means all operations involving the application of protective, decorative, adhesive, or strengthening coating or impregnation to one or more surfaces, or into the interstices of any object or material, by means of spraying, spreading, flowing, brushing, roll coating, pouring, cementing, or similar means; and any subsequent draining or drying operations, excluding open-tank operations.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-11021, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-62-11021, filed 11/22/91, effective 12/24/91. RCW 49.17.040, 49.17.050, and 49.17.240. 81-16-015 (Order 81-20), 296-62-11021, filed 7/27/81; 80-11-010 (Order 80-14), 296-62-11021, filed 8/8/80; Order 73-3, 296-62-11021, filed 5/7/73.]
(a) Flame resistant jacket and pants;
(b) Flame resistant gloves;
(c) Face shields or vented goggles which comply with WAC
((296-24-078)) 296-800-160;
(d) Footwear providing insulation from hot surfaces;
(e) Safety shoes which comply with WAC ((296-24-088))
296-800-160; and
(f) Protective helmets which comply with WAC ((296-24-084))
296-800-160.
(2) Cleaning and Replacement.
(a) The employer shall provide the protective clothing required by subsection (1)(a) and (b) of this section in a clean and dry condition at least weekly.
(b) The employer shall clean, launder, or dispose of protective clothing required by subsections (1)(a) and (b) of this section.
(c) The employer shall repair or replace the protective clothing and equipment as needed to maintain their effectiveness.
(d) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change rooms prescribed in WAC 296-62-20015.
(e) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the changeroom.
(f) The employer shall inform any person who cleans or launders protective clothing required by this section, of the potentially harmful effects of exposure to coke oven emissions.
[Order 77-14, 296-62-20013, filed 7/25/77.]
(2) Showers.
(a) The employer shall assure that employees working in the regulated area shower at the end of the work shift.
(b) The employer shall provide shower facilities in accordance with WAC 296-24-12009.
(3) Lunchrooms. The employer shall provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in the regulated area.
(4) Lavatories.
(a) The employer shall assure that employees working in the regulated area wash their hands and face prior to eating.
(b) The employer shall provide lavatory facilities in
accordance with WAC ((296-24-12007)) 296-800-230.
(5) Prohibition of activities in the regulated area.
(a) The employer shall assure that in the regulated area, food or beverages are not present or consumed, smoking products are not present or used, and cosmetics are not applied, except, that these activities may be conducted in the lunchrooms, change rooms and showers required under subsection (1)-(3) of this section.
(b) Drinking water may be consumed in the regulated area.
[Order 77-14, 296-62-20015, filed 7/25/77.]
(a) Clean-up operations required by a governmental body, whether federal, state, local, or other involving hazardous substances that are conducted at uncontrolled hazardous waste sites (including, but not limited to, the EPA's National Priority Site List (NPL), state priority site lists, sites recommended for the EPA NPL, and initial investigations of government identified sites which are conducted before the presence or absence of hazardous substances has been ascertained);
(b) Corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.);
(c) Voluntary clean-up operations at sites recognized by federal, state, local, or other governmental bodies as uncontrolled hazardous waste sites;
(d) Operations involving hazardous wastes that are conducted at treatment, storage, and disposal (TSD) facilities regulated by 40 CFR Parts 264 and 265 under RCRA; or by agencies under agreement with U.S.E.P.A. to implement RCRA regulations.
(2) Application.
(a) All requirements of this chapter and chapters 296-24
((and)), 296-155, and 296-800 WAC apply to hazardous waste
operations whether covered by this part or not. If there is a
conflict or overlap, the provision more protective of employee
safety and health must apply.
(b) Hazardous substance clean-up operations within the scope of subsection (1)(a), (b), and (c) of this section must comply with all sections of WAC 296-62-410, Part R, Emergency response to hazardous substance release.
(c) Operations within the scope of subsection (1)(d) of this section must comply only with the requirements of WAC 296-62-3140 through 296-62-31430.
Notes and Exceptions:
(i) All provisions of WAC 296-62-3140 through 296-62-31430
cover any treatment, storage, or disposal (TSD) operation
regulated by 40 CFR Parts 264 and 265 or by state law authorized
under RCRA, and required to have a permit or interim status from
EPA under 40 CFR 270.1 or from a state agency under RCRA.
(ii) Employers who are not required to have a permit or interim status because they are conditionally exempt small quantity generators under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for exemptions from regulation under 40 CFR Parts 264, 265, and 270 ("excepted employers") are not covered by WAC 296-62-31405 through 296-62-31445. Excepted employers who are required by the EPA or state agency to have their employees engage in emergency response or who direct their employees to engage in emergency response are covered by WAC 296-62-31450 through 296-62-31470 and cannot be exempted by WAC 296-62-31455. Excepted employers who are not required to have employees engage in emergency response, who direct their employees to evacuate in the case of such emergencies and who meet the requirements of WAC 296-62-31455 are exempt from the balance of WAC 296-62-31450 through 296-62-31470.
(iii) If an area is used primarily for treatment, storage or disposal, any emergency response operations in that area must comply with WAC 296-62-31410 through 296-62-31470. In other areas not used primarily for treatment, storage or disposal, any emergency response operations must comply with WAC 296-62-410, Part R, Emergency response to hazardous substance release. Compliance with the requirements of WAC 296-62-410, Part R, Emergency response to hazardous substance release must be deemed to be in compliance with the requirements of WAC 296-62-31450 through 296-62-31470.
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-30001, filed 3/23/99, effective 6/23/99.]
Note: Risks to consider include, but are not limited to:
(1) Exposures exceeding the permissible exposure limits and published exposure levels.
(2) IDLH concentrations.
(3) Potential skin absorption and irritation sources.
(4) Potential eye irritation sources.
(5) Explosion sensitivity and flammability ranges.
(6) Oxygen deficiency.
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-30230, filed 3/23/99, effective 6/23/99.]
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-30235, filed 3/23/99, effective 6/23/99.]
(1) Overview of the applicable sections of Part P of chapter 296-62 WAC and the elements of an employer's effective occupational safety and health program.
(2) Effect of chemical exposure to hazardous substances (i.e., toxicity, carcinogens, irritants, sensitizers, etc.).
(3) Effects of biological and radiological exposures.
(4) Fire and explosion hazards (i.e., flammable and combustible liquids, reactive materials).
(5) General safety hazards, including electrical hazards, powered equipment hazards, walking-working surface hazards and those hazards associated with hot and cold temperature extremes.
(6) Permit-required confined space, tank, and vault hazards and entry procedures.
(7) Names of personnel and alternates, where appropriate, responsible for site safety and health at the site.
(8) Specific safety, health, and other hazards that are to be addressed at a site and in the site safety and health plan.
(9) Use of personal protective equipment and the implementation of the personal protective equipment program.
(10) Work practices that will minimize employee risk from site hazards.
(11) Safe use of engineering controls and equipment and any new relevant technology or procedure.
(12) Content of the medical surveillance program and requirements, including the recognition of signs and symptoms of overexposure to hazardous substances.
(13) The contents of an effective site safety and health plan.
(14) Use of monitoring equipment with "hands-on" experience and the implementation of the employee and site monitoring program.
(15) Implementation and use of the information program.
(16) Drum and container handling procedures and the elements of a spill containment program.
(17) Selection and use of material handling equipment.
(18) Methods for assessment of risk and handling of radioactive wastes.
(19) Methods for handling shock-sensitive wastes.
(20) Laboratory waste pack handling procedures.
(21) Container sampling procedures and safeguards.
(22) Safe preparation procedures for shipping and transport of containers.
(23) Decontamination program and procedures.
(24) Emergency response plan and procedures including first aid.
(25) Safe site illumination levels.
(26) Site sanitation procedures and equipment for employee needs.
(27) Review of the applicable appendices to Part P of chapter 296-62 WAC.
(28) Overview and explanation of WISHA's chemical hazard
communication standard ((Part C of chapter 296-62)) WAC
296-800-170.
(29) Sources of reference, additional information and efficient use of relevant manuals and hazard coding systems.
(30) Principles of toxicology and biological monitoring.
(31) Rights and responsibilities of employees and employers under WISHA and CERCLA.
(32) Hands-on field exercises and demonstrations.
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-30425, filed 3/23/99, effective 6/23/99.]
(1) Relevant chemical exposures to hazardous substances beyond that previously covered.
(2) Site hazards including fire and explosion, confined spaces, oxygen deficiency, electrical, powered equipment, and walking-working surfaces beyond that previously covered.
(3) Names of personnel and alternates responsible for site safety and health at the site, where appropriate.
(4) Use of monitoring equipment and the implementation of the employee and the site monitoring program beyond that previously covered.
(5) Implementation and use of the informational program.
(6) Drum and container handling procedures and the elements of a spill containment program.
(7) Selection and use of material handling equipment.
(8) Methods for assessment of risk and handling of radioactive wastes.
(9) Methods for handling shock-sensitive wastes.
(10) Laboratory waste pack handling procedures.
(11) Container sampling procedures and safeguards.
(12) Safe preparation procedures for shipping and transport of containers.
(13) Decontamination program and procedures.
(14) Safety site illumination levels.
(15) Site sanitation procedures and equipment.
(16) Review of the applicable appendices to Part P of chapter 296-62 WAC.
(17) Overview and explanation of WISHA's Chemical hazard
communication standard ((Part C of chapter 296-62)) WAC
296-800-170.
(18) Sources of reference and additional information.
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-30435, filed 3/23/99, effective 6/23/99.]
(2) Personal protective equipment selection must be based on an evaluation of the performance characteristics of the PPE relative to the requirements and limitations of the site, the task-specific conditions and duration, and the hazards and potential hazards identified at the site.
(3) Positive pressure self-contained breathing apparatus, or positive pressure air-line respirators equipped with an escape air supply must be used when chemical exposure levels present will create a substantial possibility of immediate death, immediate serious illness or injury, or impair the ability to escape.
(4) Totally encapsulating chemical protective suits (protection equivalent to Level A protection as recommended in Appendix B) must be used in conditions where skin absorbtion of a hazardous substance may result in a substantial possibility of immediate death, immediate serious illness or injury, or impair the ability to escape.
(5) The level of protection provided by PPE selection must be increased when additional information or site conditions indicate that increased protection is necessary to reduce employee exposures below permissible exposure limits and published exposure levels for hazardous substances and health hazards. (See WAC 296-62-3170 - Appendix B for guidance on selecting PPE ensembles.)
| Note: | The level of employee protection provided may be decreased when additional information or site conditions show that decreased protection will not result in increased hazardous exposures to employees. |
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-30605, filed 3/23/99, effective 6/23/99.]
(2) Drums and containers used during the clean-up must meet the appropriate DOT, OSHA, WISHA, and EPA regulations for the wastes that they contain.
(3) When practical, drums and containers must be inspected and their integrity must be assured prior to being moved. Drums or containers that cannot be inspected before being moved because of storage conditions (i.e., buried beneath the earth, stacked behind other drums, stacked several tiers high in a pile, etc.) must be moved to an accessible location and inspected prior to further handling.
(4) Unlabeled drums and containers must be considered to contain hazardous substances and handled accordingly until the contents are positively identified and labeled.
(5) Site operations must be organized to minimize the amount of drum or container movement.
(6) Prior to movement of drums or containers, all employees exposed to the transfer operation must be warned of the potential hazards associated with the contents of the drums or containers.
(7) United States Department of Transportation specified salvage drums or containers and suitable quantities of proper absorbent must be kept available and used in areas where spills, leaks, or ruptures may occur.
(8) Where major spills may occur, a spill containment program, which is part of the employer's safety and health program required in WAC 296-62-3010, must be implemented to contain and isolate the entire volume of the hazardous substance being transferred.
(9) Drums and containers that cannot be moved without rupture, leakage, or spillage must be emptied into a sound container using a device classified for the material being transferred.
(10) A ground-penetrating system or other type of detection system or device must be used to estimate the location and depth of buried drums or containers.
(11) Soil or covering material must be removed with caution to prevent drum or container rupture.
(12) Fire extinguishing equipment meeting the requirements
of ((Part G of chapter 296-24)) WAC 296-800-300 must be on hand
and ready for use to control incipient fires.
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-3090, filed 3/23/99, effective 6/23/99. Statutory Authority: Chapter 49.17 RCW. 93-19-142 (Order 93-04), 296-62-3090, filed 9/22/93, effective 11/1/93; 91-11-070 (Order 91-01), 296-62-3090, filed 5/20/91, effective 6/20/91; 89-21-018, 296-62-3090, filed 10/10/89, effective 11/24/89; 88-21-002 (Order 88-23), 296-62-3090, filed 10/6/88, effective 11/7/88.]
| Note: | The exemption for hazardous waste provided in WAC (( |
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-31410, filed 3/23/99, effective 6/23/99.]
These are generic guidelines and they are not presented as a complete training curriculum for any specific employer. Site-specific training programs must be developed on the basis of a needs assessment of the hazardous waste site, RCRA/TSDF, or emergency response operation in accordance with this chapter (chapter 296-62 WAC, Part P and Part R).
The guidance set forth here presents a highly effective program that in the areas covered would meet or exceed the regulatory requirements. In addition, other approaches could meet the regulatory requirements.
Suggested general criteria:
Definitions:
"Competent" means possessing the skills, knowledge, experience, and judgment to perform assigned tasks or activities satisfactorily as determined by the employer.
"Demonstration" means the showing by actual use of equipment or procedures.
"Hands-on training" means training in a simulated work environment that permits each student to have experience performing tasks, making decisions, or using equipment appropriate to the job assignment for which the training is being conducted.
"Initial training" means training required prior to beginning work.
"Lecture" means an interactive discourse with a class lead by an instructor.
"Proficient" means meeting a stated level of achievement.
"Site-specific" means individual training directed to the operations of a specific job site.
"Training hours" means the number of hours devoted to lecture, learning activities, small group work sessions, demonstration, evaluations, or hands-on experience.
Suggested core criteria:
(1) Training facility. The training facility should have available sufficient resources, equipment, and site locations to perform concise and hands-on training when appropriate. Training facilities should have sufficient organization, support staff, and services to conduct training in each of the courses offered.
(2) Training director. Each training program should be under the direction of a training director who is responsible for the program. The training director should have a minimum of two years of employee education experience.
(3) Instructors. Instructors should be deemed competent on the basis of previous documented experience in their area of instruction, successful completion of a "train-the-trainer" program specific to the topics they will teach, and an evaluation of instructional competence by the training director.
(a) Instructors should be required to maintain professional competency by participating in continuing education or professional development programs or by successfully completing an annual refresher course and having an annual review by the training director.
(b) The annual review by the training director should include observation of an instructor's delivery, a review of those observations with the trainer, and an analysis of any instructor or class evaluations completed by the students during the previous year.
(4) Course materials. The training director should approve all course materials to be used by the training provider. Course materials should be reviewed and updated at least annually. Materials and equipment should be in good working order and maintained properly.
(a) All written and audio-visual materials in training curricula should be peer reviewed by technically competent outside reviewers or by a standing advisory committee.
(b) Reviewers should possess expertise in the following disciplines were applicable: Occupational health, industrial hygiene and safety, chemical/environmental engineering, employee education, or emergency response. One or more of the peer reviewers should be an employee experienced in the work activities to which the training is directed.
(5) Students. The program for accepting students should include:
(a) Assurance that the student is or will be involved in work where chemical exposures are likely and that the student possesses the skills necessary to perform the work.
(b) A policy on the necessary medical clearance.
(6) Ratios. Student-instructor ratios should not exceed thirty students per instructor. Hands-on activity requiring the use of personal protective equipment should have the following student-instructor ratios: For Level C or Level D personal protective equipment the ratio should be ten students per instructor. For Level A or Level B personal protective equipment the ratio should be five students per instructor.
(7) Proficiency assessment. Proficiency should be evaluated and documented by the use of a written assessment and a skill demonstration selected and developed by the training director and training staff. The assessment and demonstration should evaluate the knowledge and individual skills developed in the course of training. The level of minimum achievement necessary for proficiency must be specified in writing by the training director.
(a) If a written test is used, there should be a minimum of fifty questions. If a written test is used in combination with a skills demonstration, a minimum of twenty-five questions should be used. If a skills demonstration is used, the tasks chosen and the means to rate successful completion should be fully documented by the training director.
(b) The content of the written test or of the skill demonstration must be relevant to the objectives of the course.
The written test and skill demonstration should be updated as necessary to reflect changes in the curriculum and any update should be approved by the training director.
(c) The proficiency assessment methods, regardless of the approach or combination of approaches used, should be justified, documented and approved by the training director.
(d) The proficiency of those taking the additional courses for supervisors should be evaluated and documented by using proficiency assessment methods acceptable to the training director. These proficiency assessment methods must reflect the additional responsibilities borne by supervisory personnel in hazardous waste operations or emergency response.
(8) Course certificate. Written documentation should be provided to each student who satisfactorily completes the training course. The documentation should include:
(a) Student's name.
(b) Course title.
(c) Course date.
(d) Statement that the student has successfully completed the course.
(e) Name and address of the training provider.
(f) An individual identification number for the certificate.
(g) List of the levels of personal protective equipment used by the student to complete the course.
(i) This documentation may include a certificate and an appropriate wallet-sized laminated card with a photograph of the student and the above information.
(ii) When such course certificate cards are used, the individual identification number for the training certificate should be shown on the card.
(9) Recordkeeping. Training providers should maintain records listing the dates courses were presented, the names of the individual course attendees, the names of those students successfully completing each course, and the number of training certificates issued to each successful student. These records should be maintained for a minimum of five years after the date an individual participated in a training program offered by the training provider. These records should be available and provided upon the student's request or as mandated by law.
(10) Program quality control. The training director should conduct or direct an annual written audit of the training program. Program modifications to address deficiencies, if any, should be documented, approved, and implemented by the training provider. The audit and the program modification documents should be maintained at the training facility.
Suggested Program Quality Control Criteria:
Factors listed here are suggested criteria for determining the quality and appropriateness of employee health and safety training for hazardous waste operations and emergency response.
(1) Training plan. Adequacy and appropriateness of the training program's curriculum development, instructor training, distribution of course materials, and direct student training should be considered, including:
(a) The duration of training, course content, and course schedules/agendas;
(b) The different training requirements of the various target populations, as specified in the appropriate generic training curriculum;
(c) The process for the development of curriculum, which includes appropriate technical input, outside review, evaluation, program pretesting.
(d) The adequate and appropriate inclusion of hands-on, demonstration, and instruction methods;
(e) Adequate monitoring of student safety, progress, and performance during the training.
(2) Program management, training director, staff, and consultants. Adequacy and appropriateness of staff performance and delivering an effective training program should be considered, including:
(a) Demonstration of the training director's leadership in assuring quality of health and safety training;
(b) Demonstration of the competency of the staff to meet the demands of delivering high quality hazardous waste employee health and safety training;
(c) Organization charts establishing clear lines of authority;
(d) Clearly defined staff duties including the relationship of the training staff to the overall program;
(e) Evidence that the training organizational structure suits the needs of the training program;
(f) Appropriateness and adequacy of the training methods used by the instructors;
(g) Sufficiency of the time committed by the training director and staff to the training program;
(h) Adequacy of the ratio of training staff to students;
(i) Availability and commitment of the training program of adequate human and equipment resources in the areas of:
(i) Health effects;
(ii) Safety;
(iii) Personal protective equipment (PPE);
(iv) Operational procedures;
(v) Employee protection practices/procedures;
(j) Appropriateness of management controls;
(k) Adequacy of the organization and appropriate resources assigned to assure appropriate training;
(l) In the case of multiple-site training programs, adequacy of management of the satellite centers.
(3) Training facilities and resources. Adequacy and appropriateness of the facilities and resources for supporting the training program should be considered, including:
(a) Space and equipment to conduct the training;
(b) Facilities for representative hands-on training;
(c) In the case of multiple-site programs, equipment and facilities at the satellite centers;
(d) Adequacy and appropriateness of the quality control and evaluations program to account for instructor performance;
(e) Adequacy and appropriateness of the quality control and evaluation program to ensure appropriate course evaluation, feedback, updating, and corrective action;
(f) Adequacy and appropriateness of disciplines and expertise being used within the quality control and evaluation program;
(g) Adequacy and appropriateness of the role of student evaluations to provide feedback for training program improvement.
(4) Quality control and evaluation. Adequacy and appropriateness of quality control and evaluation plans for training programs should be considered, including:
(a) A balanced advisory committee and/or competent outside reviewers to give overall policy guidance;
(b) Clear and adequate definition of the composition and active programmatic role of the advisory committee or outside reviewers;
(c) Adequacy of the minutes or reports of the advisory committee or outside reviewers' meetings or written communication;
(d) Adequacy and appropriateness of the quality control and evaluations program to account for instructor performance;
(e) Adequacy and appropriateness of the quality control and evaluation program to ensure appropriate course evaluation, feedback, updating, and corrective action;
(f) Adequacy and appropriateness of disciplines and expertise being used within the quality control and evaluation program;
(g) Adequacy and appropriateness of the role of student evaluations to provide feedback for training program improvement.
(5) Students. Adequacy and appropriateness of the program for accepting students should be considered, including:
(a) Assurance that the student already possess the necessary skills for their job, including necessary documentation;
(b) Appropriateness of methods the program uses to ensure that recruits are capable of satisfactorily completing training;
(c) Review and compliance with any medical clearance policy.
(6) Institutional environment and administrative support. The adequacy and appropriateness of the institutional environment and administrative support system for the training program should be considered, including:
(a) Adequacy of the institutional commitment to the employee training program;
(b) Adequacy and appropriateness of the administrative structure and administrative support.
(7) Summary of evaluation questions. Key questions for evaluating the quality and appropriateness of an overall training program should include the following:
(a) Are the program objectives clearly stated?
(b) Is the program accomplishing its objectives?
(c) Are appropriate facilities and staff available?
(d) Is there an appropriate mix of classroom, demonstration, and hands-on training?
(e) Is the program providing quality employee health and safety training that fully meets the intent of regulatory requirements?
(f) What are the program's main strengths?
(g) What are the program's main weaknesses?
(h) What is recommended to improve the program?
(i) Are instructors instructing according to their training outlines?
(j) Is the evaluation tool current and appropriate for the program content?
(k) Is the course material current and relevant to the target group?
Suggested Training Curriculum Guidelines:
The following training curriculum guidelines are for those operations specifically identified in this Part P, as requiring training. Issues such as qualifications of instructors, training certification, and similar criteria appropriate to all categories of operations addressed in this Part P, have been covered in the preceding section and are not readdressed in each of the generic guidelines. Basic core requirements for training programs that are addressed include: (1) General hazardous waste operations; (2) RCRA operations--Treatment, storage, and disposal facilities.
(1) General hazardous waste operations and site-specific training.
(a) Off-site training. Training course content for hazardous waste operations, required by WAC 296-62-3040 through 296-62-30465, should include the following topics or procedures:
(i) Regulatory knowledge.
(A) A review of this Part P and the core elements of an occupational safety and health program.
(B) The content of a medical surveillance program as outlined in WAC 296-62-3050 through 296-62-30535.
(C) The content of an effective site safety and health plan consistent with the requirements of WAC 296-62-30135(2).
(D) Emergency response plan and procedures as outlined in WAC 296-24-567 and 296-62-3110 through 296-62-31110.
(E) Adequate illumination.
(F) Sanitation recommendation and equipment.
(G) Review and explanation of WISHA's hazard-communication
standard ((chapter 296-62 WAC, Part C)) WAC 296-800-170, and
chapter 296-24 WAC, Part A-4, safety procedures for the control
of hazardous energy (lockout/tagout).
(H) Review of other applicable standards including but not limited to those in the construction standards, chapter 296-155 WAC.
(I) Rights and responsibilities of employers and employees under applicable WISHA/OSHA and department of ecology (DOE)/Environmental Protection Association (EPA) regulations and laws.
(ii) Technical knowledge.
(A) Type of potential exposures to chemical, biological, and radiological hazards; types of human responses to these hazards and recognition of those responses; principles of toxicology and information about acute and chronic hazards; health and safety considerations of new technology.
(B) Fundamentals of chemical hazards including but not limited to vapor pressure, boiling points, flash points, pH, other physical and chemical properties.
(C) Fire and explosion hazards of chemicals.
(D) General safety hazards such as but not limited to electrical hazards, powered equipment hazards, motor vehicle hazards, walking-working surface hazards, excavation hazards, and hazards associated with working in hot and cold temperature extremes.
(E) Review and knowledge of confined space entry procedures in chapter 296-62 WAC, Part M.
(F) Work practices to minimize employee risk from site hazards.
(G) Safe use of engineering controls, equipment, and any new relevant safety technology or safety procedures.
(H) Review and demonstration of competency with air sampling and monitoring equipment that may be used in a site monitoring program.
(I) Container sampling procedures and safeguarding; general drum and container handling procedures including special requirement for laboratory waste packs, shock-sensitive wastes, and radioactive wastes.
(J) The elements of a spill control program.
(K) Proper use and limitations of material handling equipment.
(L) Procedures for safe and healthful preparation of containers for shipping and transport.
(M) Methods of communication including those used while wearing respiratory protection.
(iii) Technical skills.
(A) Selection, use maintenance, and limitations of personal protective equipment including the components and procedures for carrying out a respirator program to comply with chapter 296-62 WAC Part E, Respiratory Protection.
(B) Instruction in decontamination programs including personnel, equipment, and hardware; hands-on training including Levels A, B, and C ensembles and appropriate decontamination lines; field activities including the donning and doffing of protective equipment to a level commensurate with the employee's anticipated job function and responsibility and to the degree required by potential hazards.
(C) Sources for additional hazard information; exercises using relevant manuals and hazard coding systems.
(iv) Additional suggested items.
(A) A laminated, dated card or certificate with photo, denoting limitations and level of protection for which the employee is trained should be issued to those students successfully completing a course.
(B) Attendance should be required at all training modules, with successful completion of exercises and a final written or oral examination with at least fifty questions.
(C) A minimum of one-third of the program should be devoted to hands-on exercises.
(D) A curriculum should be established for the eight-hour refresher training required by WAC 296-62-30460, with delivery of such courses directed toward those areas of previous training that need improvement or reemphasis.
(E) A curriculum should be established for the required eight-hour training for supervisors. Demonstrated competency in the skills and knowledge provided in forty-hour and eighty-hour courses should be prerequisites for supervisor training.
(b) Refresher training. The eight-hour annual refresher training required in WAC 296-62-30460 should be conducted by qualified training providers. Refresher training should include at a minimum the following topics and procedures:
(i) Review of and retraining on relevant topics covered in the forty-hour and eighty-hour programs, as appropriate, using reports by the students on their work experiences.
(ii) Update on developments with respect to material covered in the forty-hour and eighty-hour courses.
(iii) Review of changes to pertinent provisions of DOE/EPA or WISHA/OSHA standards or laws.
(iv) Introduction of additional subject areas as appropriate.
(v) Hands-on review of new or altered PPE or decontamination equipment or procedures. Review of new developments in personal protective equipment.
(vi) Review of newly developed air and contaminant monitoring equipment.
(c) On-site training. The employer should provide employees engaged in hazardous waste site activities with information and training prior to initial assignment into their work area, as follows:
(i) The requirements of the hazard communication program including the location and availability of the written program, required lists of hazardous chemicals, and material safety data sheets.
(ii) Activities and locations in their work area where hazardous substance may be present.
(iii) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearances, or other evidence (sight, sound or smell)) of hazardous chemicals being released, and applicable alarms from monitoring devices that record chemical releases.
(iv) The physical and health hazards of substances known or potentially present in the work area.
(v) The measures employees can take to help protect themselves from worksite hazards, including specific procedures the employer has implemented.
(vi) An explanation of the labeling system and material safety data sheets and how employees can obtain and use appropriate hazard information.
(vii) The elements of the confined space program including special PPE, permits, monitoring requirements, communication procedures, emergency response, and applicable lockout procedures.
(d) The employer should provide hazardous waste employees with information and training and should provide a review and access to the site safety and health plan as follows:
(i) Names of personnel and alternate responsible for site safety and health.
(ii) Safety and health hazards present on the site.
(iii) Selection, use, maintenance, and limitations of personal protective equipment specific to the site.
(iv) Work practices by which the employee can minimize risks from hazards.
(v) Safe use of engineering controls and equipment available on site.
(vi) Safe decontamination procedures established to minimize employee contact with hazardous substances, including:
(A) Employee decontamination;
(B) Clothing decontamination; and
(C) Equipment decontamination.
(vii) Elements of the site emergency response plan, including:
(A) Preemergency planning.
(B) Personnel roles and lines of authority and communication.
(C) Emergency recognition and prevention.
(D) Safe distances and places of refuge.
(E) Site security and control.
(F) Evacuation routes and procedures.
(G) Decontamination procedures not covered by the site safety and health plan.
(H) Emergency medical treatment and first aid.
(I) Emergency equipment and procedures for handling emergency incidents.
(e) The employer should provide hazardous waste employees with information and training on personal protective equipment used at the site, such as the following:
(i) PPE to be used based upon known or anticipated site hazards.
(ii) PPE limitations of materials and construction; limitations during temperature extremes, heat stress, and other appropriate medical considerations; use and limitations of respirator equipment as well as documentation procedures as outlined in chapter 296-62 WAC, Part E, Respiratory Protection.
(iii) PPE inspection procedures prior to, during, and after use.
(iv) PPE donning and doffing procedures.
(v) PPE decontamination and disposal procedures.
(vi) PPE maintenance and storage.
(vii) Task duration as related to PPE limitations.
(f) The employer should instruct the employee about the site medical surveillance program relative to the particular site, including:
(i) Specific medical surveillance programs that have been adapted for the site.
(ii) Specific signs and symptoms related to exposure to hazardous materials on the site.
(iii) The frequency and extent of periodic medical examinations that will be used on the site.
(iv) Maintenance and availability of records.
(v) Personnel to be contacted and procedures to be followed when signs and symptoms of exposures are recognized.
(g) The employees will review and discuss the site safety and health plan as part of the training program. The location of the site safety and health plan and all written programs should be discussed with employees including a discussion of the mechanisms for access, review, and references described.
(2) RCRA operations training for treatment, storage and disposal facilities.
(a) As a minimum, the training course required in WAC 296-62-31435 through 296-62-31440 and 296-62-31465 should include the following topics:
(i) Review of the applicable parts of this Part P and the elements of the employer's occupational safety and health plan.
(ii) Review of relevant hazards such as, but not limited to, chemical, biological, and radiological exposures; fire and explosion hazards; thermal extremes; and physical hazards.
(iii) General safety hazards including those associated with electrical hazards, powered equipment hazards, lockout/tagout procedures, motor vehicle hazards and walking-working surface hazards.
(iv) Confined space hazards and procedures.
(v) Work practices to minimize employee risk from workplace hazards.
(vi) Emergency response plan and procedures including first aid meeting the requirements of WAC 296-62-31450.
(vii) A review of procedures to minimize exposure to hazardous waste and various type of waste streams, including the materials handling program and spill containment program.
(viii) A review of chemical hazard communication programs
meeting the requirements of ((chapter 296-62 WAC, Part C)) WAC 296-800-170.
(ix) A review of medical surveillance programs meeting the requirements of WAC 296-62-3050 and 296-62-31415 including the recognition of signs and symptoms of overexposure to hazardous substance including known synergistic interactions.
(x) A review of decontamination programs and procedures meeting the requirements of WAC 296-62-3100 and 296-62-31420.
(xi) A review of an employer's requirements to implement a training program and its elements.
(xii) A review of the criteria and programs for proper selection and use of personal protective equipment, including respirators.
(xiii) A review of the applicable appendices to this Part P (Appendices A through E).
(xiv) Principles of toxicology and biological monitoring as they pertain to occupational health.
(xv) Rights and responsibilities of employees and employers under applicable WISHA/OSHA and DOE/EPA regulations and laws.
(xvi) Hands-on exercises and demonstrations of competency with equipment to illustrate the basic equipment principles that may be used during the performance of work duties, including the donning and doffing of PPE.
(xvii) Sources of reference, efficient use of relevant manuals, and knowledge of hazard coding systems to include information contained in hazardous waste manifests.
(xviii) At least eight hours of hands-on training.
(xix) Training in the job skills required for an employee's job function and responsibility before they are permitted to participate in or supervise field activities.
(b) The individual employer should provide hazardous waste employees with information and training prior to an employee's initial assignment into a work area. The training and information should cover the following topics:
(i) The emergency response plan and procedures including first aid.
(ii) A review of the employer's hazardous waste handling procedures including the materials handling program and elements of the spill containment program, location of spill response kits or equipment, and the names of those trained to respond to releases.
(iii) The hazardous communication program meeting the
requirements of ((chapter 296-62 WAC, Part C)) WAC 296-800-170.
(iv) A review of the employer's medical surveillance program including the recognition of signs and symptoms of exposure to relevant hazardous substance including known synergistic interactions.
(v) A review of the employer's decontamination program and procedures.
(vi) A review of the employer's training program and the parties responsible for that program.
(vii) A review of the employer's personal protective equipment program including the proper selection and use of PPE based upon specific site hazards.
(viii) All relevant site-specific procedures addressing potential safety and health hazards. This may include, as appropriate, biological and radiological exposures, fire and explosion hazards, thermal hazards, and physical hazards such as electrical hazards, powered equipment hazards, lockout/tagout hazards, motor vehicle hazards, and walking-working surface hazards.
(ix) Safe use of engineering controls and equipment on-site.
(x) Names of personnel and alternates responsible for safety and health.
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-3195, filed 3/23/99, effective 6/23/99. Statutory Authority: Chapter 49.17 RCW. 95-04-006, 296-62-3195, filed 1/18/95, effective 3/10/95.]
(1) "Action level" means a concentration designated in WAC 296-62-075 for a specific substance, calculated as an 8-hour time-weighted average, which initiates certain required activities such as exposure monitoring and medical surveillance.
(2) "Carcinogen" (see "select carcinogen").
(3) "Chemical hygiene officer" means an employee who is designated by the employer, and who is qualified by training or experience, to provide technical guidance in the development and implementation of the provisions of the chemical hygiene plan. This definition is not intended to place limitations on the position description or job classification that the designated individual shall hold within the employer's organizational structure.
(4) "Chemical hygiene plan" means a written program developed and implemented by the employer which sets forth procedures, equipment, personal protective equipment, and work practices that are capable of protecting employees from the health hazards presented by hazardous chemicals used in that particular workplace and meets the requirements of WAC 296-62-40009.
(5) "Combustible liquid" means any liquid having a flashpoint at or above 100F (37.8C), but below 200F (93.3 C), except any mixture having components with flashpoints of 200F (93.3C), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture.
(6) "Compressed gas" means:
(a) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70F (21.1C); or
(b) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130F (54.4C) regardless of the pressure at 70F (21.1C); or
(c) A liquid having a vapor pressure exceeding 40 psi at 100F (37.8C) as determined by ASTM D-323-72.
(7) "Designated area" means an area which may be used for work with "select carcinogens," reproductive toxins or substances which have a high degree of acute toxicity. A designated area may be the entire laboratory, an area of a laboratory or a device such as a laboratory hood.
(8) "Director" means the director of the department of labor and industries or his/her designee.
(9) "Emergency" means any occurrence such as, but not limited to, equipment failure, rupture of containers or failure of control equipment which results in an uncontrolled release of a hazardous chemical into the workplace.
(10) "Employee" means an individual employed in a laboratory workplace who may be exposed to hazardous chemicals in the course of his or her assignments.
(11) "Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.
(12) "Flammable" means a chemical that falls into one of the following categories:
(a) "Aerosol, flammable" means an aerosol that, when tested by the method described in 16 C.F.R. 1500.45, yields a flame protection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening;
(b) "Gas, flammable" means:
(i) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of 13 percent by volume or less; or
(ii) A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than 12 percent by volume, regardless of the lower limit.
(c) "Liquid, flammable" means any liquid having a flashpoint below 100F (37.8C), except any mixture having components with flashpoints of 100F (37.8C) or higher, the total of which make up 99 percent or more of the total volume of the mixture.
(d) "Solid, flammable" means a solid, other than a blasting agent or explosive as defined in WAC 296-52-417, that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 C.F.R. 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.
(13) "Flashpoint" means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows:
(a) Tagliabue Closed Tester (see American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79))-for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100 deg.F (37.8C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or
(b) Pensky-Martens Closed Tester (see American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79))-for liquids with a viscosity equal to or greater than 45 SUS at 100 deg.F (37.8C), or that contain suspended solids, or that have a tendency to form a surface film under test; or
(c) Setaflash Closed Tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).
| Note: | Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above. |
| Note: | Appendices A and B of the Hazard Communication Standard (WAC (( |
(16) "Laboratory scale" means work with substances in which the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person. "Laboratory scale" excludes those workplaces whose function is to produce commercial quantities of materials.
(17) "Laboratory-type hood" means a device located in a laboratory, enclosure on five sides with a moveable sash or fixed partial enclosed on the remaining side; constructed and maintained to draw air from the laboratory and to prevent or minimize the escape of air contaminants into the laboratory; and allows chemical manipulations to be conducted in the enclosure without insertion of any portion of the employee's body other than hands and arms.
| Note: | Walk-in hoods with adjustable sashes meet the above definition provided that the sashes are adjusted during use so that the airflow and the exhaust of air contaminants are not compromised and employees do not work inside the enclosure during the release of airborne hazardous chemicals. |
(a) Chemical manipulations are carried out on a "laboratory scale";
(b) Multiple chemical procedures or chemicals are used;
(c) The procedures involved are not part of a production process, nor in any way simulate a production process; and
(d) "Protective laboratory practices and equipment" are available and in common use to minimize the potential for employee exposure to hazardous chemicals.
(19) "Medical consultation" means a consultation which takes place between an employee and a licensed physician for the purpose of determining what medical examinations or procedures, if any, are appropriate in cases where a significant exposure to a hazardous chemical may have taken place.
(20) "Organic peroxide" means an organic compound that contains the bivalent -O-O-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
(21) "Oxidizer" means a chemical other than a blasting agent or explosive as defined in WAC 296-52-417, that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases.
(22) "Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
(23) "Protective laboratory practices and equipment" means those laboratory procedures, practices, and equipment accepted by laboratory health and safety experts as effective, or that the employer can show to be effective, in minimizing the potential for employee exposure to hazardous chemicals.
(24) "Reproductive toxins" means chemicals which affect the reproductive capabilities including chromosomal damage (mutations) and effects on fetuses (teratogenesis).
(25) "Select carcinogen" means any substance which meets one of the following criteria:
(a) It is regulated by WISHA as a carcinogen; or
(b) It is listed under the category, "known to be carcinogens," in the Annual Report on Carcinogens published by the National Toxicology Program (NTP) (latest edition); or
(c) It is listed under Group I ("carcinogenic to humans") by the International Agency for Research on Cancer Monographs (IARC) (latest editions); or
(d) It is listed in either Group 2A or 2B by IARC or under the category, "reasonably anticipated to be carcinogens" by NTP, and causes statistically significant tumor incidence in experimental animals in accordance with any of the following criteria:
(i) After inhalation exposure of 6-7 hours per day, 5 days per week, for a significant portion of a lifetime to dosages of less than 10 mg/m/3/; or
(ii) After repeated skin application of less than 300 (mg/kg of body weight) per week; or
(iii) After oral dosages of less than 50 mg/kg of body weight per day.
(26) "Unstable (reactive)" means a chemical which is the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shock, pressure, or temperature.
(27) "Water-reactive" means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard.
[Statutory Authority: Chapter 49.17 RCW. 90-17-051 (Order 90-10), 296-62-40003, filed 8/13/90, effective 9/24/90.]
(a) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced.
(b) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible to laboratory employees.
(2) The following provisions shall apply to chemical substances developed in the laboratory:
(a) If the composition of the chemical substance which is produced exclusively for the laboratory's use is known, the employer shall determine if it is a hazardous chemical as defined in the definition section, Part Q of this standard. If the chemical is determined to be hazardous, the employer shall provide appropriate training as required under WAC 296-62-40011.
(b) If the chemical produced is a byproduct whose composition is not known, the employer shall assume that the substance is hazardous and shall implement WAC 296-62-40009.
(c) If the chemical substance is produced for another user
outside of the laboratory, the employer shall comply with the
chemical hazard communication standard (WAC ((296-62-054))
296-800-170) including the requirements for preparation of
material safety data sheets and labeling.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-62-40015, filed 7/20/94, effective 9/20/94; 90-17-051 (Order 90-10), 296-62-40015, filed 8/13/90, effective 9/24/90.]
(2) Personal protective equipment selection must be based on an evaluation of the performance characteristics of the PPE relative to the requirements and limitations of the site, the task-specific conditions and duration, and the hazards and potential hazards identified at the site.
(3) Positive pressure self-contained breathing apparatus, or positive pressure air-line respirators equipped with an escape air supply must be used when chemical exposure levels present will create a substantial possibility of immediate death, immediate serious illness or injury, or impair the ability to escape.
(4) Totally encapsulating chemical protective suits (protection equivalent to Level A protection as recommended in Appendix B) must be used in conditions where skin absorption of a hazardous substance may result in a substantial possibility of immediate death, immediate serious illness or injury, or impair the ability to escape.
(5) The level of protection provided by PPE selection must be increased when additional information or site conditions indicate that increased protection is necessary to reduce employee exposures below permissible exposure limits and published exposure levels for hazardous substances and health hazards. (See WAC 296-62-41082 - Appendix B for guidance on selecting PPE ensembles.)
| Note: | The level of employee protection provided may be decreased when additional information or site conditions show that decreased protection will not result in increased hazardous exposures to employees. |
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-41031, filed 3/23/99, effective 6/23/99.]
These are generic guidelines and they are not presented as a complete training curriculum for any specific employer. Site-specific training programs must be developed on the basis of a needs assessment of the emergency response operation in accordance with this chapter (chapter 296-62 WAC, Part R).
The guidance set forth here presents a highly effective program that in the areas covered would meet or exceed the regulatory requirements. In addition, other approaches could meet the regulatory requirements.
Suggested general criteria:
Definitions:
Suggested core criteria:
"Competent" means possessing the skills, knowledge, experience, and judgment to perform assigned tasks or activities satisfactorily as determined by the employer.
"Demonstration" means the showing by actual use of equipment or procedures.
"Hands-on training" means training in a simulated work environment that permits each student to have experience performing tasks, making decisions, or using equipment appropriate to the job assignment for which the training is being conducted.
"Initial training" means training required before beginning work.
"Lecture" means an interactive discourse with a class lead by an instructor.
"Proficient" means meeting a stated level of achievement.
"Site-specific" means individual training directed to the operations of a specific job site.
"Training hours" means the number of hours devoted to lecture, learning activities, small group work sessions, demonstration, evaluations, or hands-on experience.
(1) Training facility. The training facility should have available sufficient resources, equipment, and site locations to perform concise and hands-on training when appropriate. Training facilities should have sufficient organization, support staff, and services to conduct training in each of the courses offered.
(2) Training director. Each training program should be under the direction of a training director who is responsible for the program. The training director should have a minimum of two years of employee education experience.
(3) Instructors. Instructors should be deemed competent on the basis of previous documented experience in their area of instruction, successful completion of a "train-the-trainer" program specific to the topics they will teach, and an evaluation of instructional competence by the training director.
(a) Instructors should be required to maintain professional competency by participating in continuing education or professional development programs or by successfully completing an annual refresher course and having an annual review by the training director.
(b) The annual review by the training director should include observation of an instructor's delivery, a review of those observations with the trainer, and an analysis of any instructor or class evaluations completed by the students during the previous year.
(4) Course materials. The training director should approve all course materials to be used by the training provider. Course materials should be reviewed and updated at least annually. Materials and equipment should be in good working order and maintained properly.
(a) All written and audio-visual materials in training curricula should be peer reviewed by technically competent outside reviewers or by a standing advisory committee.
(b) Reviewers should possess expertise in the following disciplines were applicable: Occupational health, industrial hygiene and safety, chemical/environmental engineering, employee education, or emergency response. One or more of the peer reviewers should be an employee experienced in the work activities to which the training is directed.
(5) Students. The program for accepting students should include:
(a) Assurance that the student is or will be involved in work where chemical exposures are likely and that the student possesses the skills necessary to perform the work.
(b) A policy on the necessary medical clearance.
(6) Ratios. Student-instructor ratios should not exceed thirty students per instructor. Hands-on activity requiring the use of personal protective equipment should have the following student-instructor ratios: For Level C or Level D personal protective equipment the ratio should be ten students per instructor. For Level A or Level B personal protective equipment the ratio should be five students per instructor.
(7) Proficiency assessment. Proficiency should be evaluated and documented by the use of a written assessment and a skill demonstration selected and developed by the training director and training staff. The assessment and demonstration should evaluate the knowledge and individual skills developed in the course of training. The level of minimum achievement necessary for proficiency shall be specified in writing by the training director.
(a) If a written test is used, there should be a minimum of fifty questions. If a written test is used in combination with a skills demonstration, a minimum of twenty-five questions should be used. If a skills demonstration is used, the tasks chosen and the means to rate successful completion should be fully documented by the training director.
(b) The content of the written test or of the skill demonstration shall be relevant to the objectives of the course.
The written test and skill demonstration should be updated as necessary to reflect changes in the curriculum and any update should be approved by the training director.
(c) The proficiency assessment methods, regardless of the approach or combination of approaches used, should be justified, documented and approved by the training director.
(d) The proficiency of those taking the additional courses for supervisors should be evaluated and documented by using proficiency assessment methods acceptable to the training director. These proficiency assessment methods must reflect the additional responsibilities borne by supervisory personnel in hazardous waste operations or emergency response.
(8) Course certificate. Written documentation should be provided to each student who satisfactorily completes the training course. The documentation should include:
(a) Student's name.
(b) Course title.
(c) Course date.
(d) Statement that the student has successfully completed the course.
(e) Name and address of the training provider.
(f) An individual identification number for the certificate.
(g) List of the levels of personal protective equipment used by the student to complete the course.
(i) This documentation may include a certificate and an appropriate wallet-sized laminated card with a photograph of the student and the above information.
(ii) When such course certificate cards are used, the individual identification number for the training certificate should be shown on the card.
(9) Recordkeeping. Training providers should maintain records listing the dates courses were presented, the names of the individual course attendees, the names of those students successfully completing each course, and the number of training certificates issued to each successful student. These records should be maintained for a minimum of five years after the date an individual participated in a training program offered by the training provider. These records should be available and provided upon the student's request or as mandated by law.
(10) Program quality control. The training director should conduct or direct an annual written audit of the training program. Program modifications to address deficiencies, if any, should be documented, approved, and implemented by the training provider. The audit and the program modification documents should be maintained at the training facility.
Suggested Program Quality Control Criteria:
Factors listed here are suggested criteria for determining the quality and appropriateness of employee health and safety training for hazardous waste operations and emergency response.
(a) Training plan. Adequacy and appropriateness of the training program's curriculum development, instructor training, distribution of course materials, and direct student training should be considered, including:
(i) The duration of training, course content, and course schedules/agendas;
(ii) The different training requirements of the various target populations, as specified in the appropriate generic training curriculum;
(iii) The process for the development of curriculum, which includes appropriate technical input, outside review, evaluation, program pretesting.
(iv) The adequate and appropriate inclusion of hands-on, demonstration, and instruction methods;
(v) Adequate monitoring of student safety, progress, and performance during the training.
(b) Program management, training director, staff, and consultants. Adequacy and appropriateness of staff performance and delivering an effective training program should be considered, including:
(i) Demonstration of the training director's leadership in assuring quality of health and safety training;
(ii) Demonstration of the competency of the staff to meet the demands of delivering high quality hazardous waste employee health and safety training;
(iii) Organization charts establishing clear lines of authority;
(iv) Clearly defined staff duties including the relationship of the training staff to the overall program;
(v) Evidence that the training organizational structure suits the needs of the training program;
(vi) Appropriateness and adequacy of the training methods used by the instructors;
(vii) Sufficiency of the time committed by the training director and staff to the training program;
(viii) Adequacy of the ratio of training staff to students;
(ix) Availability and commitment of the training program of adequate human and equipment resources in the areas of:
(A) Health effects;
(B) Safety;
(C) Personal protective equipment (PPE);
(D) Operational procedures;
(E) Employee protection practices/procedures;
(x) Appropriateness of management controls;
(xi) Adequacy of the organization and appropriate resources assigned to assure appropriate training;
(xii) In the case of multiple-site training programs, adequacy of management of the satellite centers.
(c) Training facilities and resources. Adequacy and appropriateness of the facilities and resources for supporting the training program should be considered, including:
(i) Space and equipment to conduct the training;
(ii) Facilities for representative hands-on training;
(iii) In the case of multiple-site programs, equipment and facilities at the satellite centers;
(iv) Adequacy and appropriateness of the quality control and evaluations program to account for instructor performance;
(v) Adequacy and appropriateness of the quality control and evaluation program to ensure appropriate course evaluation, feedback, updating, and corrective action;
(vi) Adequacy and appropriateness of disciplines and expertise being used within the quality control and evaluation program;
(vii) Adequacy and appropriateness of the role of student evaluations to provide feedback for training program improvement.
(d) Quality control and evaluation. Adequacy and appropriateness of quality control and evaluation plans for training programs should be considered, including:
(i) A balanced advisory committee and/or competent outside reviewers to give overall policy guidance;
(ii) Clear and adequate definition of the composition and active programmatic role of the advisory committee or outside reviewers;
(iii) Adequacy of the minutes or reports of the advisory committee or outside reviewers' meetings or written communication;
(iv) Adequacy and appropriateness of the quality control and evaluations program to account for instructor performance;
(v) Adequacy and appropriateness of the quality control and evaluation program to ensure appropriate course evaluation, feedback, updating, and corrective action;
(vi) Adequacy and appropriateness of disciplines and expertise being used within the quality control and evaluation program;
(vii) Adequacy and appropriateness of the role of student evaluations to provide feedback for training program improvement.
(e) Students. Adequacy and appropriateness of the program for accepting students should be considered, including:
(i) Assurance that the student already possess the necessary skills for their job, including necessary documentation;
(ii) Appropriateness of methods the program uses to ensure that recruits are capable of satisfactorily completing training;
(iii) Review and compliance with any medical clearance policy.
(f) Institutional environment and administrative support. The adequacy and appropriateness of the institutional environment and administrative support system for the training program should be considered, including:
(i) Adequacy of the institutional commitment to the employee training program;
(ii) Adequacy and appropriateness of the administrative structure and administrative support.
(g) Summary of evaluation questions. Key questions for evaluating the quality and appropriateness of an overall training program should include the following:
(i) Are the program objectives clearly stated?
(ii) Is the program accomplishing its objectives?
(iii) Are appropriate facilities and staff available?
(iv) Is there an appropriate mix of classroom, demonstration, and hands-on training?
(v) Is the program providing quality employee health and safety training that fully meets the intent of regulatory requirements?
(vi) What are the program's main strengths?
(vii) What are the program's main weaknesses?
(viii) What is recommended to improve the program?
(ix) Are instructors instructing according to their training outlines?
(x) Is the evaluation tool current and appropriate for the program content?
(xi) Is the course material current and relevant to the target group?
Suggested Training Curriculum Guidelines:
The following training curriculum guidelines are for those operations specifically identified in this Part R as requiring training. Issues such as qualifications of instructors, training certification, and similar criteria appropriate to all categories of operations addressed in this Part R have been covered in the preceding section and are not addressed in each of the generic guidelines.
(h) Emergency response training.
(i) General considerations. Emergency response organizations are required to consider the topics listed in WAC 296-62-41020. Emergency response organizations may use some or all of the following topics to supplement those mandatory topics when developing their response training programs. Many of the topics would require an interaction between the response provider and the individuals responsible for the site where the response would be expected.
(A) Hazard recognition, including:
(I) Nature of hazardous substances present;
(II) Practical applications of hazard recognition, including presentations on biology, chemistry, and physics.
(B) Principles of toxicology, biological monitoring, and risk assessment.
(C) Safe work practices and general site safety.
(D) Engineering controls and hazardous waste operations.
(E) Site safety plans and standard operating procedures.
(F) Decontamination procedures and practices.
(G) Emergency procedures, first aid, and self-rescue.
(H) Safe use of field equipment.
(I) Storage, handling, use and transportation of hazardous substances.
(J) Use, care, and limitations of personal protective equipment.
(K) Safe sampling techniques.
(L) Rights and responsibilities of employees under WISHA and other related regulations and laws concerning right-to-know, safety and health, compensations and liability.
(M) Medical monitoring requirements.
(N) Community relations.
(ii) Suggested criteria for specific courses.
(A) First responder awareness level.
(I) Review of and demonstration of competency in performing the applicable skills of WAC 296-62-41010.
(II) Hands-on experience with the U.S. Department of
Transportation's Emergency Response Guidebook (ERG) and
familiarization with ((chapter 296-62 WAC, Part C)) WAC 296-800-170, the chemical hazard communication standard.
(III) Review of the principles and practices for analyzing an incident to determine both the hazardous substances present and the basic hazard and response information for each hazardous substance present.
(IV) Review of procedures for implementing actions consistent with the local emergency response plan, the organization's standard operating procedures, and the current edition of DOT's ERG including emergency notification procedures and follow-up communications.
(V) Review of the expected hazards including fire and explosions hazards, confined space hazards, electrical hazards, powered equipment hazards, motor vehicle hazards, and walking-working surface hazards.
(VI) Awareness and knowledge of the competencies for the First Responder at the Awareness Level covered in the National Fire Protection Association's Standard No. 472, Professional Competence of Responders to Hazardous Materials Incidents.
(B) First responder operations level.
(I) Review of and demonstration of competency in performing the applicable skills of WAC 296-62-41010.
(II) Hands-on experience with the U.S. Department of
Transportation's Emergency Response Guidebook (ERG), manufacturer
material safety data sheets, CHEMTREC/CANUTEC, shipper or
manufacturer contacts, and other relevant sources of information
addressing hazardous substance releases. Familiarization with
((chapter 296-62 WAC, Part C)) WAC 296-800-170, the chemical
hazard communication standard.
(III) Review of the principles and practices for analyzing an incident to determine the hazardous substances present, the likely behavior of the hazardous substance and its container, the types of hazardous substance transportation containers and vehicles, the types and selection of the appropriate defensive strategy for containing the release.
(IV) Review of procedures for implementing continuing response actions consistent with the local emergency response plan, the organization's standard operating procedures, and the current edition of DOT's ERG including extended emergency notification procedures and follow-up communications.
(V) Review of the principles and practice for proper selection and use of personal protective equipment.
(VI) Review of the principles and practice of personnel and equipment decontamination.
(VII) Review of the expected hazards including fire and explosions hazards, confined space hazards, electrical hazards, powered equipment hazards, motor vehicle hazards, and walking-working surface hazards.
(VIII) Awareness and knowledge of the competencies for the First Responder at the Operations Level covered in the National Fire Protection Association's Standard No. 472, Professional Competence of Responders to Hazardous Materials Incidents.
(C) Hazardous materials technician.
(I) Review of and demonstration of competency in performing the applicable skills of WAC 296-62-41010.
(II) Hands-on experience with written and electronic
information relative to response decision making including, but
not limited to, the U.S. Department of Transportation's Emergency
Response Guidebook (ERG), manufacturer material safety data
sheets, CHEMTREC/CANUTEC, shipper or manufacturer contacts,
computer data bases and response models, and other relevant
sources of information addressing hazardous substance releases.
Familiarization with ((chapter 296-62 WAC, Part C)) WAC 296-800-170, the chemical hazard communication standard.
(III) Review of the principles and practices for analyzing an incident to determine the hazardous substances present, their physical and chemical properties, the likely behavior of the hazardous substance and its container, the types of hazardous substance transportation containers and vehicles involved in the release, the appropriate strategy for approaching release sites and containing the release.
(IV) Review of procedures for implementing continuing response actions consistent with the local emergency response plan, the organization's standard operating procedures, and the current edition of DOT's ERG including extended emergency notification procedures and follow-up communications.
(V) Review of the principles and practice for proper selection and use of personal protective equipment.
(VI) Review of the principles and practices of establishing exposure zones, proper decontamination and medical surveillance stations and procedures.
(VII) Review of the expected hazards including fire and explosions hazards, confined space hazards, electrical hazards, powered equipment hazards, motor vehicle hazards, and walking-working surface hazards.
(VIII) Awareness and knowledge of the competencies for the Hazardous Materials Technician covered in the National Fire Protection Association's Standard No. 472, Professional Competence of Responders to Hazardous Materials Incidents.
(D) Hazardous materials specialist.
(I) Review of and demonstration of competency in performing the applicable skills of WAC 296-62-41010.
(II) Hands-on experience with retrieval and use of written
and electronic information relative to response decision making
including, but not limited to, the U.S. Department of
Transportation's Emergency Response Guidebook (ERG), manufacturer
material safety data sheets, CHEMTREC/CANUTEC, shipper or
manufacturer contacts, computer data bases and response models,
and other relevant sources of information addressing hazardous
substance releases. Familiarization with ((chapter 296-62 WAC,
Part C)) WAC 296-800-170, the chemical hazard communication
standard.
(III) Review of the principles and practices for analyzing an incident to determine the hazardous substances present, their physical and chemical properties, and the likely behavior of the hazardous substance and its container, vessel, or vehicle.
(IV) Review of the principles and practices for identification of the types of hazardous substance transportation containers, vessels and vehicles involved in the release; selecting and using the various types of equipment available for plugging or patching transportation containers, vessels or vehicles; organizing and directing the use of multiple teams of hazardous material technicians and selecting the appropriate strategy for approaching release sites and containing or stopping the release.
(V) Review of procedures for implementing continuing response actions consistent with the local emergency response plan, the organization's standard operating procedures, including knowledge of the available public and private response resources, establishment of an incident command post, direction of hazardous material technician teams, and extended emergency notification procedures and follow-up communications.
(VI) Review of the principles and practice for proper selection and use of personal protective equipment.
(VII) Review of the principles and practices of establishing exposure zones and proper decontamination, monitoring and medical surveillance stations and procedures.
(VIII) Review of the expected hazards including fire and explosions hazards, confined space hazards, electrical hazards, powered equipment hazards, motor vehicle hazards, and walking-working surface hazards.
(IX) Awareness and knowledge of the competencies for the Off-site Specialist Employee covered in the National Fire Protection Association's Standard No. 472, Professional Competence of Responders to Hazardous Materials Incidents.
(E) Incident commander.
The incident commander is the individual who, at any one time, is responsible for and in control of the response effort. This individual is the person responsible for the direction and coordination of the response effort. An incident commander's position should be occupied by the most senior, appropriately trained individual present at the response site. Yet, as necessary and appropriate by the level of response provided, the position may be occupied by many individuals during a particular response as the need for greater authority, responsibility, or training increases. It is possible for the first responder at the awareness level to assume the duties of incident commander until a more senior and appropriately trained individual arrives at the response site.
Therefore, any emergency responder expected to perform as an incident commander should be trained to fulfill the obligations of the position at the level of response they will be providing including the following:
(I) Ability to analyze a hazardous substance incident to determine the magnitude of the response problem.
(II) Ability to plan and implement an appropriate response plan within the capabilities of available personnel and equipment.
(III) Ability to implement a response to favorably change the outcome of the incident in a manner consistent with the local emergency response plan and the organization's standard operating procedures.
(IV) Ability to evaluate the progress of the emergency response to ensure that the response objectives are being met safely, effectively, and efficiently.
(V) Ability to adjust the response plan to the conditions of the response and to notify higher levels of response when required by the changes to the response plan.
[Statutory Authority: RCW 49.17.040. 99-07-097, 296-62-41086, filed 3/23/99, effective 6/23/99.]
The following sections of the Washington Administrative Code are repealed:
| WAC 296-62-09003 | Lighting and illumination. |
| WAC 296-62-12000 | Environmental tobacco smoke in office work environments -- Scope and application. |
| WAC 296-62-12003 | Definitions. |
| WAC 296-62-12005 | Controls for environmental tobacco smoke. |
| WAC 296-62-12009 | Appendix -- Smoking cessation program information -- Nonmandatory. |
OTS-4223.1
AMENDATORY SECTION(Amending WSR 98-02-029, filed 12/31/97,
effective 1/31/98)
WAC 296-63-009
Exemption requests.
(1) Employers who do
not have hazardous chemicals at their workplace may submit a
written request for exemption to the department. Submission of
an exemption request does not relieve an employer of his/her
obligation to pay the fee assessment until such time as the
request is approved. Employers granted exemptions will be
removed from the listing of employers to be assessed a fee
beginning with the current billing period.
(2) Exemptions shall only be considered for an employer's entire workplace consisting of all activities reported to the department under the same employer identification number.
(3) Each request for exemption must contain the following information:
(a) Firm name and employer identification number;
(b) Complete mailing address;
(c) Complete location (such as street) address;
(d) A certified statement in the form required by RCW 9A.72.085 that a hazardous chemical survey of the employer's
premises has been completed by a qualified person, the identity
and qualifications of the person completing the survey, and that
no hazardous chemicals as defined by WAC ((296-62-054 through
296-62-05427)) 296-800-170 are present at the workplace.
(4) The department may schedule an on-site inspection to determine the validity of the exemption request.
(5) The employer shall provide to the department within five working days of receiving a request from the department, any additional information identified by the department as necessary for evaluating the exemption request.
(6) Exemption requests shall be mailed to:
| Right to Know Program Department of Labor and Industries P.O. Box 44620 Olympia, Washington 98504-4620 |
[Statutory Authority: RCW 49.70.170 and 49.17.040. 98-02-029, 296-63-009, filed 12/31/97, effective 1/31/98. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-23-003 (Order 86-38), 296-63-009, filed 11/6/86.]
OTS-4300.1
AMENDATORY SECTION(Amending Order 93-06, filed 10/20/93,
effective 12/1/93)
WAC 296-67-005
Definitions.
"Atmospheric tank" means a
storage tank which has been designed to operate at pressures from
atmospheric through 0.5 p.s.i.g. (pounds per square inch gauge,
3.45 Kpa).
"Boiling point" means the boiling point of a liquid at a pressure of 14.7 pounds per square inch absolute (p.s.i.a.) (760 mm.). For the purposes of this part, where an accurate boiling point is unavailable for the material in question, or for mixtures which do not have a constant boiling point, the 10 percent point of a distillation performed in accordance with the Standard Method of Test for Distillation of Petroleum Products, ASTM D-86-62, may be used as the boiling point of the liquid.
"Catastrophic release" means a major uncontrolled emission, fire, or explosion, involving one or more highly hazardous chemicals, that presents serious danger to employees in the workplace.
"Facility" means the buildings, containers, or equipment which contain a process.
"Highly hazardous chemical" means a substance possessing toxic, reactive, flammable, or explosive properties and specified by WAC 296-67-001 (2)(a).
"Hot work" means work involving electric or gas welding, cutting, brazing, or similar flame or spark-producing operations.
"Normally unoccupied remote facility" means a facility which is operated, maintained, or serviced by employees who visit the facility only periodically to check its operation and to perform necessary operating or maintenance tasks. No employees are permanently stationed at the facility. Facilities meeting this definition are not contiguous with, and must be geographically remote from all other buildings, processes, or persons.
"Process" means any activity involving a highly hazardous chemical including any use, storage, manufacturing, handling, or the on-site movement of such chemicals, or combination of these activities. For purposes of this definition, any group of vessels which are interconnected and separate vessels which are located such that a highly hazardous chemical could be involved in a potential release shall be considered a single process.
"Replacement in kind" means a replacement which satisfies the design specification.
"Trade secret" means any confidential formula, pattern,
process, device, information, or compilation of information that
is used in an employer's business, and that gives the employer an
opportunity to obtain an advantage over competitors who do not
know or use it. Chapter 296-62 WAC, Part ((C)) B-1, sets out the
criteria to be used in evaluating trade secrets.
[Statutory Authority: Chapter 49.17 RCW. 93-21-075 (Order 93-06), 296-67-005, filed 10/20/93, effective 12/1/93; 92-17-022 (Order 92-06), 296-67-005, filed 8/10/92, effective 9/10/92.]
[Statutory Authority: Chapter 49.17 RCW. 92-17-022 (Order 92-06), 296-67-053, filed 8/10/92, effective 9/10/92.]
(2) Nothing in this section shall preclude the employer from
requiring the persons to whom the information is made available
under WAC 296-67-061 to enter into confidentiality agreements not
to disclose the information as set forth in WAC ((296-62-054))
296-62-053.
(3) Subject to the rules and procedures set forth in WAC
((296-62-05417 (1) through (14))) 296-62-053, employees and their
designated representatives shall have access to trade secret
information contained within the process hazard analysis and
other documents required to be developed by this standard.
[Statutory Authority: Chapter 49.17 RCW. 92-17-022 (Order 92-06), 296-67-061, filed 8/10/92, effective 9/10/92.]
(1) Introduction to process safety management. The major objective of process safety management of highly hazardous chemicals is to prevent unwanted releases of hazardous chemicals especially into locations which could expose employees and others to serious hazards. An effective process safety management program requires a systematic approach to evaluating the whole process. Using this approach the process design, process technology, operational and maintenance activities and procedures, nonroutine activities and procedures, emergency preparedness plans and procedures, training programs, and other elements which impact the process are all considered in the evaluation. The various lines of defense that have been incorporated into the design and operation of the process to prevent or mitigate the release of hazardous chemicals need to be evaluated and strengthened to assure their effectiveness at each level. Process safety management is the proactive identification, evaluation and mitigation or prevention of chemical releases that could occur as a result of failures in process, procedures, or equipment. The process safety management standard targets highly hazardous chemicals that have the potential to cause a catastrophic incident. This standard as a whole is to aid employers in their efforts to prevent or mitigate episodic chemical releases that could lead to a catastrophe in the workplace and possibly to the surrounding community. To control these types of hazards, employers need to develop the necessary expertise, experiences, judgment, and proactive initiative within their workforce to properly implement and maintain an effective process safety management program as envisioned in the WISHA standard. This WISHA standard is required by the Clean Air Act amendments as is the Environmental Protection Agency's Risk Management Plan. Employers, who merge the two sets of requirements into their process safety management program, will better assure full compliance with each as well as enhancing their relationship with the local community. While WISHA believes process safety management will have a positive effect on the safety of employees in workplaces and also offers other potential benefits to employers (increased productivity), smaller businesses which may have limited resources available to them at this time, might consider alternative avenues of decreasing the risks associated with highly hazardous chemicals at their workplaces. One method which might be considered is the reduction in the inventory of the highly hazardous chemical. This reduction in inventory will result in a reduction of the risk or potential for a catastrophic incident. Also, employers including small employers may be able to establish more efficient inventory control by reducing the quantities of highly hazardous chemicals on site below the established threshold quantities. This reduction can be accomplished by ordering smaller shipments and maintaining the minimum inventory necessary for efficient and safe operation. When reduced inventory is not feasible, then the employer might consider dispersing inventory to several locations on site. Dispersing storage into locations where a release in one location will not cause a release in another location is a practical method to also reduce the risk or potential for catastrophic incidents.
(2) Employee involvement in process safety management. Section 304 of the Clean Air Act amendments states that employers are to consult with their employees and their representatives regarding the employers efforts in the development and implementation of the process safety management program elements and hazard assessments. Section 304 also requires employers to train and educate their employees and to inform affected employees of the findings from incident investigations required by the process safety management program. Many employers, under their safety and health programs, have already established means and methods to keep employees and their representatives informed about relevant safety and health issues and employers may be able to adapt these practices and procedures to meet their obligations under this standard. Employers who have not implemented an occupational safety and health program may wish to form a safety and health committee of employees and management representatives to help the employer meet the obligations specified by this standard. These committees can become a significant ally in helping the employer to implement and maintain an effective process safety management program for all employees.
(3) Process safety information. Complete and accurate written information concerning process chemicals, process technology, and process equipment is essential to an effective process safety management program and to a process hazards analysis. The compiled information will be a necessary resource to a variety of users including the team that will perform the process hazards analysis as required under WAC 296-67-017; those developing the training programs and the operating procedures; contractors whose employees will be working with the process; those conducting the prestartup reviews; local emergency preparedness planners; and incurrence and enforcement officials. The information to be compiled about the chemicals, including process intermediates, needs to be comprehensive enough for an accurate assessment of the fire and explosion characteristics, reactivity hazards, the safety and health hazards to workers, and the corrosion and erosion effects on the process equipment and monitoring tools. Current material safety data sheet (MSDS) information can be used to help meet this requirement which must be supplemented with process chemistry information including runaway reaction and over pressure hazards if applicable. Process technology information will be a part of the process safety information package and it is expected that it will include diagrams of the type shown in WAC 296-67-289, Appendix B of this part as well as employer established criteria for maximum inventory levels for process chemicals; limits beyond which would be considered upset conditions; and a qualitative estimate of the consequences or results of deviation that could occur if operating beyond the established process limits. Employers are encouraged to use diagrams which will help users understand the process. A block flow diagram is used to show the major process equipment and interconnecting process flow lines and show flow rates, stream composition, temperatures, and pressures when necessary for clarity. The block flow diagram is a simplified diagram. Process flow diagrams are more complex and will show all main flow streams including valves to enhance the understanding of the process, as well as pressures and temperatures on all feed and product lines within all major vessels, in and out of headers and heat exchangers, and points of pressure and temperature control. Also, materials of construction information, pump capacities and pressure heads, compressor horsepower and vessel design pressures and temperatures are shown when necessary for clarity. In addition, major components of control loops are usually shown along with key utilities on process flow diagrams. Piping and instrument diagrams (P&IDs) may be the more appropriate type of diagrams to show some of the above details and to display the information for the piping designer and engineering staff. The P&Ids are to be used to describe the relationships between equipment and instrumentation as well as other relevant information that will enhance clarity. Computer software programs which do P&Ids or other diagrams useful to the information package, may be used to help meet this requirement. The information pertaining to process equipment design must be documented. In other words, what were the codes and standards relied on to establish good engineering practice. These codes and standards are published by such organizations as the American Society of Mechanical Engineers, American Petroleum Institute, American National Standards Institute, National Fire Protection Association, American Society for Testing and Materials, National Board of Boiler and Pressure Vessel Inspectors, National Association of Corrosion Engineers, American Society of Exchange Manufacturers Association, and model building code groups. In addition, various engineering societies issue technical reports which impact process design. For example, the American Institute of Chemical Engineers has published technical reports on topics such as two phase flow for venting devices. This type of technically recognized report would constitute good engineering practice. For existing equipment designed and constructed many years ago in accordance with the codes and standards available at that time and no longer in general use today, the employer must document which codes and standards were used and that the design and construction along with the testing, inspection and operation are still suitable for the intended use. Where the process technology requires a design which departs from the applicable codes and standards, the employer must document that the design and construction is suitable for the intended purpose.
(4) Process hazard analysis. A process hazard analysis (PHA), sometimes called a process hazard evaluation, is one of the most important elements of the process safety management program. A PHA is an organized and systematic effort to identify and analyze the significance of potential hazards associated with the processing or handling of highly hazardous chemicals. A PHA provides information which will assist employers and employees in making decisions for improving safety and reducing the consequences of unwanted or unplanned releases of hazardous chemicals. A PHA is directed toward analyzing potential causes and consequences of fires, explosions, releases of toxic or flammable chemicals and major spills of hazardous chemicals. The PHA focuses on equipment, instrumentation, utilities, human actions (routine and nonroutine), and external factors that might impact the process. These considerations assist in determining the hazards and potential failure points or failure modes in a process. The selection of a PHA methodology or technique will be influenced by many factors including the amount of existing knowledge about the process. Is it a process that has been operated for a long period of time with little or no innovation and extensive experience has been generated with its use? Or, is it a new process or one which has been changed frequently by the inclusion of innovative features? Also, the size and complexity of the process will influence the decision as to the appropriate PHA methodology to use. All PHA methodologies are subject to certain limitations. For example, the checklist methodology works well when the process is very stable and no changes are made, but it is not as effective when the process has undergone extensive change. The checklist may miss the most recent changes and consequently the changes would not be evaluated. Another limitation to be considered concerns the assumptions made by the team or analyst. The PHA is dependent on good judgment and the assumptions made during the study need to be documented and understood by the team and reviewer and kept for a future PHA. The team conducting the PHA need to understand the methodology that is going to be used. A PHA team can vary in size from two people to a number of people with varied operational and technical backgrounds. Some team members may only be a part of the team for a limited time. The team leader needs to be fully knowledgeable in the proper implementation of the PHA methodology that is to be used and should be impartial in the evaluation. The other full or part time team members need to provide the team with expertise in areas such as process technology, process design, operating procedures and practices, including how the work is actually performed, alarms, emergency procedures, instrumentation, maintenance procedures, both routine and nonroutine tasks, including how the tasks are authorized, procurement of parts and supplies, safety and health, and any other relevant subject as the need dictates. At least one team member must be familiar with the process. The ideal team will have an intimate knowledge of the standards, codes, specifications and regulations applicable to the process being studied. The selected team members need to be compatible and the team leader needs to be able to manage the team, and the PHA study. The team needs to be able to work together while benefiting from the expertise of others on the team or outside the team, to resolve issues, and to forge a consensus on the findings of the study and recommendations. The application of a PHA to a process may involve the use of different methodologies for various parts of the process. For example, a process involving a series of unit operations of varying sizes, complexities, and ages may use different methodologies and team members for each operation. Then the conclusions can be integrated into one final study and evaluation. A more specific example is the use of a checklist PHA for a standard boiler or heat exchanger and the use of a hazard and operability PHA for the overall process. Also, for batch type processes like custom batch operations, a generic PHA of a representative batch may be used where there are only small changes of monomer or other ingredient ratios and the chemistry is documented for the full range and ratio of batch ingredients. Another process that might consider using a generic type of PHA is a gas plant. Often these plants are simply moved from site to site and therefore, a generic PHA may be used for these movable plants. Also, when an employer has several similar size gas plants and no sour gas is being processed at the site, then a generic PHA is feasible as long as the variations of the individual sites are accounted for in the PHA. Finally, when an employer has a large continuous process which has several control rooms for different portions of the process such as for a distillation tower and a blending operation, the employer may wish to do each segment separately and then integrate the final results. Additionally, small businesses which are covered by this rule, will often have processes that have less storage volume, less capacity, and less complicated than processes at a large facility. Therefore, WISHA would anticipate that the less complex methodologies would be used to meet the process hazard analysis criteria in the standard. These process hazard analyses can be done in less time and with a few people being involved. A less complex process generally means that less data, P&Ids, and process information is needed to perform a process hazard analysis. Many small businesses have processes that are not unique, such as cold storage lockers or water treatment facilities. Where employer associations have a number of members with such facilities, a generic PHA, evolved from a checklist or what-if questions, could be developed and used by each employer effectively to reflect his/her particular process; this would simplify compliance for them. When the employer has a number of processes which require a PHA, the employer must set up a priority system of which PHAs to conduct first. A preliminary or gross hazard analysis may be useful in prioritizing the processes that the employer has determined are subject to coverage by the process safety management standard. Consideration should first be given to those processes with the potential of adversely affecting the largest number of employees. This prioritizing should consider the potential severity of a chemical release, the number of potentially affected employees, the operating history of the process such as the frequency of chemical releases, the age of the process and any other relevant factors. These factors would suggest a ranking order and would suggest either using a weighing factor system or a systematic ranking method. The use of a preliminary hazard analysis would assist an employer in determining which process should be of the highest priority and thereby the employer would obtain the greatest improvement in safety at the facility. Detailed guidance on the content and application of process hazard analysis methodologies is available from the American Institute of Chemical Engineers' Center for Chemical Process Safety (see WAC 296-67-293, Appendix D).
(5) Operating procedures and practices. Operating procedures describe tasks to be performed, data to be recorded, operating conditions to be maintained, samples to be collected, and safety and health precautions to be taken. The procedures need to be technically accurate, understandable to employees, and revised periodically to ensure that they reflect current operations. The process safety information package is to be used as a resource to better assure that the operating procedures and practices are consistent with the known hazards of the chemicals in the process and that the operating parameters are accurate. Operating procedures should be reviewed by engineering staff and operating personnel to ensure that they are accurate and provide practical instructions on how to actually carry out job duties safely. Operating procedures will include specific instructions or details on what steps are to be taken or followed in carrying out the stated procedures. These operating instructions for each procedure should include the applicable safety precautions and should contain appropriate information on safety implications. For example, the operating procedures addressing operating parameters will contain operating instructions about pressure limits, temperature ranges, flow rates, what to do when an upset condition occurs, what alarms and instruments are pertinent if an upset condition occurs, and other subjects. Another example of using operating instructions to properly implement operating procedures is in starting up or shutting down the process. In these cases, different parameters will be required from those of normal operation. These operating instructions need to clearly indicate the distinctions between startup and normal operations such as the appropriate allowances for heating up a unit to reach the normal operating parameters. Also the operating instructions need to describe the proper method for increasing the temperature of the unit until the normal operating temperature parameters are achieved. Computerized process control systems add complexity to operating instructions. These operating instructions need to describe the logic of the software as well as the relationship between the equipment and the control system; otherwise, it may not be apparent to the operator. Operating procedures and instructions are important for training operating personnel. The operating procedures are often viewed as the standard operating practices (SOPs) for operations. Control room personnel and operating staff, in general, need to have a full understanding of operating procedures. If workers are not fluent in English then procedures and instructions need to be prepared in a second language understood by the workers. In addition, operating procedures need to be changed when there is a change in the process as a result of the management of change procedures. The consequences of operating procedure changes need to be fully evaluated and the information conveyed to the personnel. For example, mechanical changes to the process made by the maintenance department (like changing a valve from steel to brass or other subtle changes) need to be evaluated to determine if operating procedures and practices also need to be changed. All management of change actions must be coordinated and integrated with current operating procedures and operating personnel must be oriented to the changes in procedures before the change is made. When the process is shut down in order to make a change, then the operating procedures must be updated before startup of the process. Training in how to handle upset conditions must be accomplished as well as what operating personnel are to do in emergencies such as when a pump seal fails or a pipeline ruptures. Communication between operating personnel and workers performing work within the process area, such as nonroutine tasks, also must be maintained. The hazards of the tasks are to be conveyed to operating personnel in accordance with established procedures and to those performing the actual tasks. When the work is completed, operating personnel should be informed to provide closure on the job.
(6) Employee training. All employees, including maintenance
and contractor employees, involved with highly hazardous
chemicals need to fully understand the safety and health hazards
of the chemicals and processes they work with for the protection
of themselves, their fellow employees and the citizens of nearby
communities. Training conducted in compliance with WAC
((296-62-054)) 296-800-170, ((the)) chemical hazard communication
program standard, will help employees to be more knowledgeable
about the chemicals they work with as well as familiarize them
with reading and understanding MSDS. However, additional
training in subjects such as operating procedures and safety work
practices, emergency evacuation and response, safety procedures,
routine and nonroutine work authorization activities, and other
areas pertinent to process safety and health will need to be
covered by an employer's training program. In establishing their
training programs, employers must clearly define the employees to
be trained and what subjects are to be covered in their training.
Employers in setting up their training program will need to
clearly establish the goals and objectives they wish to achieve
with the training that they provide to their employees. The
learning goals or objectives should be written in clear
measurable terms before the training begins. These goals and
objectives need to be tailored to each of the specific training
modules or segments. Employers should describe the important
actions and conditions under which the employee will demonstrate
competence or knowledge as well as what is acceptable
performance. Hands-on-training where employees are able to use
their senses beyond listening, will enhance learning. For
example, operating personnel, who will work in a control room or
at control panels, would benefit by being trained at a simulated
control panel or panels. Upset conditions of various types could
be displayed on the simulator, and then the employee could go
through the proper operating procedures to bring the simulator
panel back to the normal operating parameters. A training
environment could be created to help the trainee feel the full
reality of the situation but, of course, under controlled
conditions. This realistic type of training can be very
effective in teaching employees correct procedures while allowing
them to also see the consequences of what might happen if they do
not follow established operating procedures. Other training
techniques using videos or on-the-job training can also be very
effective for teaching other job tasks, duties, or other
important information. An effective training program will allow
the employee to fully participate in the training process and to
practice their skill or knowledge. Employers need to
periodically evaluate their training programs to see if the
necessary skills, knowledge, and routines are being properly
understood and implemented by their trained employees. The means
or methods for evaluating the training should be developed along
with the training program goals and objectives. Training program
evaluation will help employers to determine the amount of
training their employees understood, and whether the desired
results were obtained. If, after the evaluation, it appears that
the trained employees are not at the level of knowledge and skill
that was expected, the employer will need to revise the training
program, provide retraining, or provide more frequent refresher
training sessions until the deficiency is resolved. Those who
conducted the training and those who received the training should
also be consulted as to how best to improve the training process.
If there is a language barrier, the language known to the
trainees should be used to reinforce the training messages and
information. Careful consideration must be given to assure that
employees including maintenance and contract employees receive
current and updated training. For example, if changes are made
to a process, impacted employees must be trained in the changes
and understand the effects of the changes on their job tasks
(e.g., any new operating procedures pertinent to their tasks). Additionally, as already discussed the evaluation of the
employee's absorption of training will certainly influence the
need for training.
(7) Contractors. Employers who use contractors to perform work in and around processes that involve highly hazardous chemicals, will need to establish a screening process so that they hire and use contractors who accomplish the desired job tasks without compromising the safety and health of employees at a facility. For contractors, whose safety performance on the job is not known to the hiring employer, the employer will need to obtain information on injury and illness rates and experience and should obtain contractor references. Additionally, the employer must assure that the contractor has the appropriate job skills, knowledge and certifications (such as for pressure vessel welders). Contractor work methods and experiences should be evaluated. For example, does the contractor conducting demolition work swing loads over operating processes or does the contractor avoid such hazards? Maintaining a site injury and illness log for contractors is another method employers must use to track and maintain current knowledge of work activities involving contract employees working on or adjacent to covered processes. Injury and illness logs of both the employer's employees and contract employees allow an employer to have full knowledge of process injury and illness experience. This log will also contain information which will be of use to those auditing process safety management compliance and those involved in incident investigations. Contract employees must perform their work safely. Considering that contractors often perform very specialized and potentially hazardous tasks such as confined space entry activities and nonroutine repair activities it is quite important that their activities be controlled while they are working on or near a covered process. A permit system or work authorization system for these activities would also be helpful to all affected employers. The use of a work authorization system keeps an employer informed of contract employee activities, and as a benefit the employer will have better coordination and more management control over the work being performed in the process area. A well run and well maintained process where employee safety is fully recognized will benefit all of those who work in the facility whether they be contract employees or employees of the owner.
(8) Prestartup safety. For new processes, the employer will find a PHA helpful in improving the design and construction of the process from a reliability and quality point of view. The safe operation of the new process will be enhanced by making use of the PHA recommendations before final installations are completed. P&Ids are to be completed along with having the operating procedures in place and the operating staff trained to run the process before startup. The initial startup procedures and normal operating procedures need to be fully evaluated as part of the prestartup review to assure a safe transfer into the normal operating mode for meeting the process parameters. For existing processes that have been shutdown for turnaround, or modification, etc., the employer must assure that any changes other than "replacement in kind" made to the process during shutdown go through the management of change procedures. P&Ids will need to be updated as necessary, as well as operating procedures and instructions. If the changes made to the process during shutdown are significant and impact the training program, then operating personnel as well as employees engaged in routine and nonroutine work in the process area may need some refresher or additional training in light of the changes. Any incident investigation recommendations, compliance audits or PHA recommendations need to be reviewed as well to see what impacts they may have on the process before beginning the startup.
(9) Mechanical integrity. Employers will need to review their maintenance programs and schedules to see if there are areas where "breakdown" maintenance is used rather than an ongoing mechanical integrity program. Equipment used to process, store, or handle highly hazardous chemicals needs to be designed, constructed, installed, and maintained to minimize the risk of releases of such chemicals. This requires that a mechanical integrity program be in place to assure the continued integrity of process equipment. Elements of a mechanical integrity program include the identification and categorization of equipment and instrumentation, inspections and tests, testing and inspection frequencies, development of maintenance procedures, training of maintenance personnel, the establishment of criteria for acceptable test results, documentation of test and inspection results, and documentation of manufacturer recommendations as to meantime to failure for equipment and instrumentation. The first line of defense an employer has available is to operate and maintain the process as designed, and to keep the chemicals contained. This line of defense is backed up by the next line of defense which is the controlled release of chemicals through venting to scrubbers or flares, or to surge or overflow tanks which are designed to receive such chemicals, etc. These lines of defense are the primary lines of defense or means to prevent unwanted releases. The secondary lines of defense would include fixed fire protection systems like sprinklers, water spray, or deluge systems, monitor guns, etc., dikes, designed drainage systems, and other systems which would control or mitigate hazardous chemicals once an unwanted release occurs. These primary and secondary lines of defense are what the mechanical integrity program needs to protect and strengthen these primary and secondary lines of defenses where appropriate. The first step of an effective mechanical integrity program is to compile and categorize a list of process equipment and instrumentation for inclusion in the program. This list would include pressure vessels, storage tanks, process piping, relief and vent systems, fire protection system components, emergency shutdown systems, and alarms and interlocks and pumps. For the categorization of instrumentation and the listed equipment the employer would prioritize which pieces of equipment require closer scrutiny than others. Meantime to failure of various instrumentation and equipment parts would be known from the manufacturer's data or the employer's experience with the parts, which would then influence the inspection and testing frequency and associated procedures. Also, applicable codes and standards such as the National Board Inspection Code, or those from the American Society for Testing and Material, American Petroleum Institute, National Fire Protection Association, American National Standards Institute, American Society of Mechanical Engineers, and other groups, provide information to help establish an effective testing and inspection frequency, as well as appropriate methodologies. The applicable codes and standards provide criteria for external inspections for such items as foundation and supports, anchor bolts, concrete or steel supports, guy wires, nozzles and sprinklers, pipe hangers, grounding connections, protective coatings and insulation, and external metal surfaces of piping and vessels, etc. These codes and standards also provide information on methodologies for internal inspection, and a frequency formula based on the corrosion rate of the materials of construction. Also, erosion both internal and external needs to be considered along with corrosion effects for piping and valves. Where the corrosion rate is not known, a maximum inspection frequency is recommended, and methods of developing the corrosion rate are available in the codes. Internal inspections need to cover items such as vessel shell, bottom and head; metallic linings; nonmetallic linings; thickness measurements for vessels and piping; inspection for erosion, corrosion, cracking and bulges; internal equipment like trays, baffles, sensors, and screens for erosion, corrosion or cracking and other deficiencies. Some of these inspections may be performed by state or local government inspectors under state and local statutes. However, each employer needs to develop procedures to ensure that tests and inspections are conducted properly and that consistency is maintained even where different employees may be involved. Appropriate training is to be provided to maintenance personnel to ensure that they understand the preventive maintenance program procedures, safe practices, and the proper use and application of special equipment or unique tools that may be required. This training is part of the overall training program called for in the standard. A quality assurance system is needed to help ensure that the proper materials of construction are used, that fabrication and inspection procedures are proper, and that installation procedures recognize field installation concerns. The quality assurance program is an essential part of the mechanical integrity program and will help to maintain the primary and secondary lines of defense that have been designed into the process to prevent unwanted chemical releases or those which control or mitigate a release. "As built" drawings, together with certifications of coded vessels and other equipment, and materials of construction need to be verified and retained in the quality assurance documentation. Equipment installation jobs need to be properly inspected in the field for use of proper materials and procedures and to assure that qualified craftsmen are used to do the job. The use of appropriate gaskets, packing, bolts, valves, lubricants, and welding rods need to be verified in the field. Also procedures for installation of safety devices need to be verified, such as the torque on the bolts on ruptured disc installations, uniform torque on flange bolts, proper installation of pump seals, etc. If the quality of parts is a problem, it may be appropriate to conduct audits of the equipment supplier's facilities to better assure proper purchases of required equipment which is suitable for its intended service. Any changes in equipment that may become necessary will need to go through the management of change procedures.
(10) Nonroutine work authorizations. Nonroutine work which is conducted in process areas needs to be controlled by the employer in a consistent manner. The hazards identified involving the work that is to be accomplished must be communicated to those doing the work, but also to those operating personnel whose work could affect the safety of the process. A work authorization notice or permit must have a procedure that describes the steps the maintenance supervisor, contractor representative or other person needs to follow to obtain the necessary clearance to get the job started. The work authorization procedures need to reference and coordinate, as applicable, lockout/tagout procedures, line breaking procedures, confined space entry procedures and hot work authorizations. This procedure also needs to provide clear steps to follow once the job is completed in order to provide closure for those that need to know the job is now completed and equipment can be returned to normal.
(11) Managing change. To properly manage changes to process chemicals, technology, equipment and facilities, one must define what is meant by change. In this process safety management standard, change includes all modifications to equipment, procedures, raw materials and processing conditions other than "replacement in kind." These changes need to be properly managed by identifying and reviewing them prior to implementation of the change. For example, the operating procedures contain the operating parameters (pressure limits, temperature ranges, flow rates, etc.) and the importance of operating within these limits. While the operator must have the flexibility to maintain safe operation within the established parameters, any operation outside of these parameters requires review and approval by a written management of change procedure. Management of change covers such as changes in process technology and changes to equipment and instrumentation. Changes in process technology can result from changes in production rates, raw materials, experimentation, equipment unavailability, new equipment, new product development, change in catalyst and changes in operating conditions to improve yield or quality. Equipment changes include among others change in materials of construction, equipment specifications, piping prearrangements, experimental equipment, computer program revisions and changes in alarms and interlocks. Employers need to establish means and methods to detect both technical changes and mechanical changes. Temporary changes have caused a number of catastrophes over the years, and employers need to establish ways to detect temporary changes as well as those that are permanent. It is important that a time limit for temporary changes be established and monitored since, without control, these changes may tend to become permanent. Temporary changes are subject to the management of change provisions. In addition, the management of change procedures are used to insure that the equipment and procedures are returned to their original or designed conditions at the end of the temporary change. Proper documentation and review of these changes is invaluable in assuring that the safety and health considerations are being incorporated into the operating procedures and the process. Employers may wish to develop a form or clearance sheet to facilitate the processing of changes through the management of change procedures. A typical change form may include a description and the purpose of the change, the technical basis for the change, safety and health considerations, documentation of changes for the operating procedures, maintenance procedures, inspection and testing, P&Ids, electrical classification, training and communications, prestartup inspection, duration if a temporary change, approvals and authorization. Where the impact of the change is minor and well understood, a check list reviewed by an authorized person with proper communication to others who are affected may be sufficient. However, for a more complex or significant design change, a hazard evaluation procedure with approvals by operations, maintenance, and safety departments may be appropriate. Changes in documents such as P&Ids, raw materials, operating procedures, mechanical integrity programs, electrical classifications, etc., need to be noted so that these revisions can be made permanent when the drawings and procedure manuals are updated. Copies of process changes need to be kept in an accessible location to ensure that design changes are available to operating personnel as well as to PHA team members when a PHA is being done or one is being updated.
(12) Investigation of incidents. Incident investigation is the process of identifying the underlying causes of incidents and implementing steps to prevent similar events from occurring. The intent of an incident investigation is for employers to learn from past experiences and thus avoid repeating past mistakes. The incidents for which WISHA expects employers to become aware and to investigate are the types of events which result in or could reasonably have resulted in a catastrophic release. Some of the events are sometimes referred to as "near misses," meaning that a serious consequence did not occur, but could have. Employers need to develop in-house capability to investigate incidents that occur in their facilities. A team needs to be assembled by the employer and trained in the techniques of investigation including how to conduct interviews of witnesses, needed documentation and report writing. A multidisciplinary team is better able to gather the facts of the event and to analyze them and develop plausible scenarios as to what happened, and why. Team members should be selected on the basis of their training, knowledge and ability to contribute to a team effort to fully investigate the incident. Employees in the process area where the incident occurred should be consulted, interviewed, or made a member of the team. Their knowledge of the events form a significant set of facts about the incident which occurred. The report, its findings and recommendations are to be shared with those who can benefit from the information. The cooperation of employees is essential to an effective incident investigation. The focus of the investigation should be to obtain facts, and not to place blame. The team and the investigation process should clearly deal with all involved individuals in a fair, open, and consistent manner.
(13) Emergency preparedness. Each employer must address what actions employees are to take when there is an unwanted release of highly hazardous chemicals. Emergency preparedness or the employer's tertiary (third) lines of defense are those that will be relied on along with the secondary lines of defense when the primary lines of defense which are used to prevent an unwanted release fail to stop the release. Employers will need to decide if they want employees to handle and stop small or minor incidental releases. Whether they wish to mobilize the available resources at the plant and have them brought to bear on a more significant release. Or whether employers want their employees to evacuate the danger area and promptly escape to a preplanned safe zone area, and allow the local community emergency response organizations to handle the release. Or whether the employer wants to use some combination of these actions. Employers will need to select how many different emergency preparedness or tertiary lines of defense they plan to have and then develop the necessary plans and procedures, and appropriately train employees in their emergency duties and responsibilities and then implement these lines of defense. Employers at a minimum must have an emergency action plan which will facilitate the prompt evacuation of employees due to an unwanted release of a highly hazardous chemical. This means that the employer will have a plan that will be activated by an alarm system to alert employees when to evacuate and, that employees who are physically impaired, will have the necessary support and assistance to get them to the safe zone as well. The intent of these requirements is to alert and move employees to a safe zone quickly. Delaying alarms or confusing alarms are to be avoided. The use of process control centers or similar process buildings in the process area as safe areas is discouraged. Recent catastrophes have shown that a large life loss has occurred in these structures because of where they have been sited and because they are not necessarily designed to withstand over-pressures from shockwaves resulting from explosions in the process area. Unwanted incidental releases of highly hazardous chemicals in the process area must be addressed by the employer as to what actions employees are to take. If the employer wants employees to evacuate the area, then the emergency action plan will be activated. For outdoor processes where wind direction is important for selecting the safe route to a refuge area, the employer should place a wind direction indicator such as a wind sock or pennant at the highest point that can be seen throughout the process area. Employees can move in the direction of cross wind to upwind to gain safe access to the refuge area by knowing the wind direction. If the employer wants specific employees in the release area to control or stop the minor emergency or incidental release, these actions must be planned for in advance and procedures developed and implemented. Preplanning for handling incidental releases for minor emergencies in the process area needs to be done, appropriate equipment for the hazards must be provided, and training conducted for those employees who will perform the emergency work before they respond to handle an actual release. The employer's training program, including the hazard communication standard training is to address the training needs for employees who are expected to handle incidental or minor releases. Preplanning for releases that are more serious than incidental releases is another important line of defense to be used by the employer. When a serious release of a highly hazardous chemical occurs, the employer through preplanning will have determined in advance what actions employees are to take. The evacuation of the immediate release area and other areas as necessary would be accomplished under the emergency action plan. If the employer wishes to use plant personnel such as a fire brigade, spill control team, a hazardous materials team, or use employees to render aid to those in the immediate release area and control or mitigate the incident, these actions are covered by WAC 296-62-300, the hazardous waste operations and emergency response (HAZWOPER) standard. If outside assistance is necessary, such as through mutual aid agreements between employers or local government emergency response organizations, these emergency responders are also covered by HAZWOPER. The safety and health protections required for emergency responders are the responsibility of their employers and of the on-scene incident commander. Responders may be working under very hazardous conditions and therefore the objective is to have them competently led by an on-scene incident commander and the commander's staff, properly equipped to do their assigned work safely, and fully trained to carry out their duties safely before they respond to an emergency. Drills, training exercises, or simulations with the local community emergency response planners and responder organizations is one means to obtain better preparedness. This close cooperation and coordination between plant and local community emergency preparedness managers will also aid the employer in complying with the Environmental Protection Agency's risk management plan criteria. One effective way for medium to large facilities to enhance coordination and communication during emergencies for on plant operations and with local community organizations is for employers to establish and equip an emergency control center. The emergency control center would be sited in a safe zone area so that it could be occupied throughout the duration of an emergency. The center would serve as the major communication link between the on-scene incident commander and plant or corporate management as well as with the local community officials. The communication equipment in the emergency control center should include a network to receive and transmit information by telephone, radio, or other means. It is important to have a backup communication network in case of power failure or one communication means fails. The center should also be equipped with the plant layout and community maps, utility drawings including fire water, emergency lighting, appropriate reference materials such as a government agency notification list, company personnel phone list, SARA Title III reports and material safety data sheets, emergency plans and procedures manual, a listing with the location of emergency response equipment, mutual aid information, and access to meteorological or weather condition data and any dispersion modeling data.
(14) Compliance audits. Employers need to select a trained individual or assemble a trained team of people to audit the process safety management system and program. A small process or plant may need only one knowledgeable person to conduct an audit. The audit is to include an evaluation of the design and effectiveness of the process safety management system and a field inspection of the safety and health conditions and practices to verify that the employer's systems are effectively implemented. The audit should be conducted or led by a person knowledgeable in audit techniques and who is impartial towards the facility or area being audited. The essential elements of an audit program include planning, staffing, conducting the audit, evaluation and corrective action, follow-up and documentation. Planning in advance is essential to the success of the auditing process. Each employer needs to establish the format, staffing, scheduling, and verification methods prior to conducting the audit. The format should be designed to provide the lead auditor with a procedure or checklist which details the requirements of each section of the standard. The names of the audit team members should be listed as part of the format as well. The checklist, if properly designed, could serve as the verification sheet which provides the auditor with the necessary information to expedite the review and assure that no requirements of the standard are omitted. This verification sheet format could also identify those elements that will require evaluation or a response to correct deficiencies. This sheet could also be used for developing the follow-up and documentation requirements. The selection of effective audit team members is critical to the success of the program. Team members should be chosen for their experience, knowledge, and training and should be familiar with the processes and with auditing techniques, practices, and procedures. The size of the team will vary depending on the size and complexity of the process under consideration. For a large, complex, highly instrumented plant, it may be desirable to have team members with expertise in process engineering and design, process chemistry, instrumentation and computer controls, electrical hazards and classifications, safety and health disciplines, maintenance, emergency preparedness, warehousing or shipping, and process safety auditing. The team may use part-time members to provide for the depth of expertise required as well as for what is actually done or followed, compared to what is written. An effective audit includes a review of the relevant documentation and process safety information, inspection of the physical facilities, and interviews with all levels of plant personnel. Utilizing the audit procedure and checklist developed in the preplanning stage, the audit team can systematically analyze compliance with the provisions of the standard and any other corporate policies that are relevant. For example, the audit team will review all aspects of the training program as part of the overall audit. The team will review the written training program for adequacy of content, frequency of training, effectiveness of training in terms of its goals and objectives as well as to how it fits into meeting the standard's requirements, documentation, etc. Through interviews, the team can determine the employee's knowledge and awareness of the safety procedures, duties, rules, emergency response assignments, etc. During the inspection, the team can observe actual practices such as safety and health policies, procedures, and work authorization practices. This approach enables the team to identify deficiencies and determine where corrective actions or improvements are necessary. An audit is a technique used to gather sufficient facts and information, including statistical information, to verify compliance with standards. Auditors should select as part of their preplanning a sample size sufficient to give a degree of confidence that the audit reflects the level of compliance with the standard. The audit team, through this systematic analysis, should document areas which require corrective action as well as those areas where the process safety management system is effective and working in an effective manner. This provides a record of the audit procedures and findings, and serves as a baseline of operation data for future audits. It will assist future auditors in determining changes or trends from previous audits. Corrective action is one of the most important parts of the audit. It includes not only addressing the identified deficiencies, but also planning, followup, and documentation. The corrective action process normally begins with a management review of the audit findings. The purpose of this review is to determine what actions are appropriate, and to establish priorities, timetables, resource allocations, and requirements and responsibilities. In some cases, corrective action may involve a simple change in procedure or minor maintenance effort to remedy the concern. Management of change procedures need to be used, as appropriate, even for what may seem to be a minor change. Many of the deficiencies can be acted on promptly, while some may require engineering studies or indepth review of actual procedures and practices. There may be instances where no action is necessary and this is a valid response to an audit finding. All actions taken, including an explanation where no action is taken on a finding, needs to be documented as to what was done and why. It is important to assure that each deficiency identified is addressed, the corrective action to be taken noted, and the audit person or team responsible be properly documented by the employer. To control the corrective action process, the employer should consider the use of a tracking system. This tracking system might include periodic status reports shared with affected levels of management, specific reports such as completion of an engineering study, and a final implementation report to provide closure for audit findings that have been through management of change, if appropriate, and then shared with affected employees and management. This type of tracking system provides the employer with the status of the corrective action. It also provides the documentation required to verify that appropriate corrective actions were taken on deficiencies identified in the audit.
[Statutory Authority: Chapter 49.17 RCW. 93-21-075 (Order 93-06), 296-67-291, filed 10/20/93, effective 12/1/93; 92-17-022 (Order 92-06), 296-67-291, filed 8/10/92, effective 9/10/92.]
OTS-4137.2
AMENDATORY SECTION(Amending Order 81-21, filed 8/27/81)
WAC 296-78-500
Foreword.
(1) General requirements. The
chapter 296-78 WAC shall apply to and include safety requirements
for all installations where the primary manufacturing of wood
building products takes place. The installations may be a
permanent fixed establishment or a portable operation. These
operations shall include but are not limited to log and lumber
handling, sawing, trimming and planing, plywood or veneer
manufacturing, canting operations, waste or residual handling,
operation of dry kilns, finishing, shipping, storage, yard and
yard equipment, and for power tools and affiliated equipment used
in connection with such operation. WAC 296-78-450 shall apply to
shake and shingle manufacturing. The provisions of WAC 296-78-500 through 296-78-84011 are also applicable in shake and
shingle manufacturing except in instances of conflict with the
requirements of WAC 296-78-705. (Rev. 1-28-76.)
(2) This standard shall augment the Washington state general safety and health standards, general occupational health standards, electrical workers safety rules, and any other standards which are applicable to all industries governed by chapter 80, Laws of 1973, Washington Industrial Safety and Health Act. In the event of any conflict between any portion of this chapter and any portion of any of the general application standards, the provisions of this chapter 296-78 WAC, shall apply.
(3) In exceptional cases where compliance with specific
provisions of this chapter can only be accomplished to the
serious detriment and disadvantage of an operation, variance from
the requirement may be permitted by the director of the
department of labor and industries after receipt of application
for variance which meets the requirements of ((WAC 296-24-010,
general safety and health standards)) chapter 296-350 WAC.
(4) No safety program will run itself. To be successful, the wholehearted interest of the employees' group (labor unions) and management must not only be behind the program, but the fact must also be readily apparent to all.
[Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-500, filed 8/27/81.]
(a) A safe and healthful working environment.
(b) An accident prevention program as required by these standards.
(c) Training programs to improve the skill and competency of all employees in the field of occupational safety and health. Such training shall include the on-the-job instructions on the safe use of powered materials handling equipment, machine tool operations, use of toxic materials and operation of utility systems prior to assignments to jobs involving such exposures.
(2) The employer shall develop and maintain a chemical
hazard communication program as required by ((chapter 296-62 WAC,
Part C)) WAC 296-800-170, which will provide information to all
employees relative to hazardous chemicals or substances to which
they are exposed, or may become exposed, in the course of their
employment.
(3) Management shall not assign mechanics, millwrights, or other persons to work on equipment by themselves when there is a probability that the person could fall from elevated work locations or equipment or that a person could be pinned down by heavy parts or equipment so that they could not call for or obtain assistance if the need arises.
| Note: | This subsection does not apply to operators of motor vehicles, watchperson or certain other jobs which, by their nature, are singular employee assignments. However, a definite procedure for checking the welfare of all employees during their working hours shall be instituted and all employees so advised. |
(5) Reporting of fatality or multiple hospitalization incidents.
(a) Within eight hours after the fatality or probable fatality of any employee from a work-related incident or the inpatient hospitalization of two or more employees as a result of a work-related incident, the employer of any employees so affected shall report the fatality/multiple hospitalization by telephone or in person, to the nearest office of the department or by using the OSHA toll-free central telephone number, 1-800-321-6742.
(i) This requirement applies to each such fatality or hospitalization of two or more employees which occurs within thirty days of the incident.
(ii) Exception: If any employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under this subsection, the employer shall make a report within eight hours of the time the incident is reported to any agent or employee of the employer.
(iii) Each report required by this subsection shall relate the following information: Establishment name, location of the incident, time of the incident, number of fatalities or hospitalized employees, contact person, phone number, and a brief description of the incident.
(b) Equipment involved in an incident resulting in an immediate or probable fatality or in the in-patient hospitalization of two or more employees, shall not be moved, until a representative of the department investigates the incident and releases such equipment, except where removal is essential to prevent further incident. Where necessary to remove the victim, such equipment may be moved only to the extent of making possible such removal.
(c) Upon arrival of a department investigator, employer shall assign to assist the investigator, the immediate supervisor and all employees who were witnesses to the incident, or whoever the investigator deems necessary to complete the investigation.
(6) A system for maintaining records of occupational injuries and illnesses as prescribed by chapter 296-27 WAC.
| Note: | Recordable cases include: |
| (a) Every occupational death. | |
| (b) Every industrial illness. | |
| (c) Every occupational injury that involves one of the following: | |
| (i) Unconsciousness. | |
| (ii) Inability to perform all phases of regular job. | |
| (iii) Inability to work full time on regular job. | |
| (iv) Temporary assignment to another job. | |
| (v) Medical treatment beyond first aid. |
[Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-78-515, filed 9/30/94, effective 11/20/94; 91-24-017 (Order 91-07), 296-78-515, filed 11/22/91, effective 12/24/91; 89-11-035 (Order 89-03), 296-78-515, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-515, filed 8/27/81.]
(1) Each person in charge of employees has first-aid
training; or another person with first-aid training is present or
available to the employees. Such training must be successfully
completed every two years as required in ((chapter 296-24 WAC,
Part A-1)) WAC 296-800-150;
(2) Documentation of first-aid training is kept as required
in ((chapter 296-24 WAC, Part A-1)) WAC 296-800-150;
(3) Emergency telephone numbers are adequately posted;
(4) First-aid training includes the core elements contained
in ((chapter 296-24 WAC, Part A-1)) WAC 296-800-150.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 00-01-038, 296-78-540, filed 12/7/99, effective 2/1/00. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-540, filed 8/27/81.]
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 00-01-038, 296-78-545, filed 12/7/99, effective 2/1/00. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-545, filed 8/27/81.]
(2) A log dump shall be constructed at each log pond or decking ground. Log trucks shall not be unloaded by use of peavies or by hand.
(a) The roadbed shall be of hard packed gravel, heavy planking or equivalent material and shall be maintained at all times. Roadbeds at log dumps shall be of width and evenness to insure safe operation of equipment.
(b) A mechanical unloading device shall be provided and used for unloading logs. Log unloading areas shall be arranged and maintained to provide a safe working area.
(c) Signs prohibiting unauthorized foot or vehicle traffic in log unloading and storage areas shall be posted.
(d) At no time shall one person be permitted to work alone on a log dump, a booming or rafting grounds, or a log pond.
(3) Water log dumps. Ungrounded electrically powered hoists using handheld remote control in grounded locations, such as log dumps or mill log lifts, shall be actuated by circuits operating at less than 50 volts to ground.
(4)(a) A brow log, skid timbers or the equivalent shall be installed on all log dumps.
(b) Where logs are unloaded onto skids, sufficient space shall be provided between the top of the skids and the ground to accommodate the body of a person.
(c) All truck dumps shall be built with not more than six inches variation of level from side to side.
(5)(a) All truck log dumps shall be equipped with a positive safeguard to prevent logs from leaving the load on the side opposite the brow log. Jill pokes shall not be used on truck log dumps.
(b) Unloading lines shall be attached and tightened or other positive safeguard in place before binder chains are released at any log dump.
(c) Stakes and chocks which trip shall be constructed in such manner that the tripping mechanism that releases the stake or chocks is activated at the opposite side of the load being tripped.
(d) Binders shall be released only from the side on which the unloader operates, except when released by remote control devices or except when person making release is protected by racks or stanchions or other equivalent means.
(e) Loads on which a binder is fouled by the unloading machine shall have an extra binder or metal band of equal strength placed around the load, or the load shall be otherwise secured so that the fouled binder can be safely removed.
(f) Unloading lines, crotch lines, or equally effective means shall be arranged and used in a manner to minimize the possibility of any log swinging or rolling back.
(6)(a) In unloading operations, the operator of unloading machine shall have an unobstructed view of the vehicle and the logs being unloaded.
(b) Unloading lines shall be arranged so that it is not necessary for the employees to attach them from the pond or dump site of the load except when entire loads are lifted from the log-transporting vehicle.
(7) All log dumps shall be kept reasonably free of bark and other debris.
(8) Employees shall remain in the clear until all moving equipment has come to a complete stop.
(9) Artificial log ponds subject to unhealthy stagnation shall be drained, cleansed, and water changed at least once every six months.
(10) All employees whose regular work requires walking on logs shall wear spiked or calked shoes, except when working in snow.
(11) Employees working on, over or along water, where the danger of drowning exists, shall be provided with and shall wear approved personal flotation devices.
(a) Employees are not considered exposed to the danger of drowning:
(i) When working behind standard height and strength guardrails;
(ii) When working inside operating cabs or stations which eliminate the possibility of accidentally falling into the water;
(iii) When wearing approved safety belts with lifeline attached so as to preclude the possibility of falling into the water;
(iv) When water depth is known to be chest-deep or less.
(b) Prior to and after each use, personal floating devices shall be inspected for defects which would reduce their designed effectiveness. Defective personal flotation devices shall not be used.
(c) To meet the approved criteria required by this subsection (11), a personal flotation device shall be approved by the United States Coast Guard as a Type I PFD, Type II PFD, Type III PFD, or Type V PFD, or their equivalent, pursuant to 46 CFR 160 (Coast Guard lifesaving equipment specifications) and 33 CFR 175.23 (Coast Guard table of devices equivalent to personal flotation devices). Ski belt or inflatable type personal flotation devices are specifically prohibited.
(12)(a) Wooden pike poles shall be of continuous, straight grained No. 1 material. Defective poles, blunt or dull pikes shall not be used.
(b) Aluminum or other metal poles shall not be used where hazard of coming in contact with live electric wires exists.
(13)(a) Walkways and floats shall be provided and security anchored to provide safe passage for workers.
(b) Permanent cable swifters shall be so arranged that it will not be necessary to roll boom sticks in order to attach or detach them.
(c) Inspection of cable or dogging lines shall be made as necessary to determine when repair or removal from service is necessary.
(14)(a) Decks of floats or other walkways shall be kept above the waterline at all times and shall be capable of supporting four times the load to be imposed.
(b) Floating donkeys or other power-driven machinery used on booms shall be placed on a raft or float with enough buoyancy to keep the deck above water.
(15)(a) All regular boom sticks and foot logs shall be reasonably straight, have all protruding knots and bark removed, and shall be capable of supporting above the waterline at either end, any necessary weight of workers and equipment.
(b) Stiff booms shall be two float logs wide secured by boom chains or other connecting devices, and of a width adequate for the working needs. Walking surfaces shall be free of loose material and maintained in good repair.
(c) Boom sticks shall be fastened together with crossties or couplings.
[Statutory Authority: Chapter 49.17 RCW. 89-11-035 (Order 89-03), 296-78-56501, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-56501, filed 8/27/81.]
(2) Glue spreaders shall be enclosed on the in-running side, leaving only sufficient space to insert the stock.
(3) All glue spreaders shall be equipped with a panic bar or equivalent type device that can be reached from either the infeed or outfeed side of the spreader to shut-off the power in an emergency situation. Such device shall be installed on existing glue spreaders no later than April 1, 1982, and be standard equipment on any glue spreader purchased after January 1, 1982.
(4) All glue mixing and handling rooms where located above work areas shall have water tight floors.
(5) All glue rooms shall be provided with ventilation in accordance with WAC 296-62-110 through 296-62-11013, of the general occupational health standard.
[Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-78-670, filed 9/30/94, effective 11/20/94. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-670, filed 8/27/81.]
(2) All buildings, docks, tramways, walkways, log dumps and other structures shall be so designed, constructed, and maintained as to provide a safety factor of four. This means that all members shall be capable of supporting four times the maximum load to be imposed. This provision refers to buildings, docks and so forth designed and constructed subsequent to the effective date of these standards and also refers in all cases where either complete or major changes or repairs are made to such buildings, docks, tramways, walkways, log dumps and other structures.
(3) Basements on ground floors under mills shall be evenly
surfaced, free from unnecessary obstructions and debris, and
provided with lighting facilities in compliance with the
requirements of the ((general occupational health standards))
safety and health core rules, WAC ((296-62-09003)) 296-800-210.
(4) All engines, motors, transmission machinery or operating equipment installed in mill basements or ground floors shall be equipped with standard safeguards for the protection of workers.
(5) Hazard marking. Physical hazard marking shall be as specified in WAC 296-24-135 through 296-24-13503 of the general safety and health standards.
(6) Flooring of buildings, ramps and walkways not subject to supporting motive equipment shall be of not less than two-inch wood planking or material of equivalent structural strength.
(7) Flooring of buildings, ramps, docks, trestles and other structure required to support motive equipment shall be of not less than full two and one-half inch wood planing or material of equivalent structural strength. However, where flooring is covered by steel floor plates, two inch wood planking or material or equivalent structural strength may be used.
(8) Walkways, docks, and platforms.
(a) Walkways, docks and platforms shall be constructed and
maintained in accordance with the requirements of ((the general
safety and health standards,)) WAC 296-24-735 through
296-24-75011 and WAC 296-800-270.
(b) Maintenance. Walkways shall be evenly floored and kept in good repair.
(c) Where elevated platforms are used they shall be equipped
with stairways or ladders in accordance with ((the general safety
and health standards,)) WAC 296-24-765 through 296-24-81013, and
WAC 296-800-250 and 296-800-290.
[Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-71001, filed 8/27/81.]
(2) The area under floor openings shall, where practical, be fenced off. When this is not practical, the areas shall be plainly marked with yellow lines and telltails shall be installed to hang within five and one-half feet of the ground or floor level.
(3) Where floor openings are used to drop materials from one level to another, audible warning systems shall be installed and used to indicate to employees on the lower level that material is to be dropped.
[Statutory Authority: Chapter 49.17 RCW. 96-17-056, 296-78-71003, filed 8/20/96, effective 10/15/96. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-71003, filed 8/27/81.]
(2) Doors shall not open directly on a flight of stairs.
(3) Permanent ladders shall be fastened securely at both top and bottom.
(4) Portable ladders shall not be used upon footing other than suitable type.
(5) Hooks or other means of securing portable ladders when in use, shall be provided.
(6) Portable ladders shall not be used for oiling machinery which is in motion.
[Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-71009, filed 8/27/81.]
(2) All swinging doors shall be provided with windows, the bottom of which shall be not more than forty-eight inches above the floor. One window shall be provided for each section of double swinging doors. All such windows shall be of shatter proof or safety glass unless otherwise protected against breakage.
(3) Outside exits shall open outward. Where sliding doors are used as exits, an inner door not less than two feet six inches by six feet shall be cut inside each of the main doors and arranged to open outward.
(4) At least two fire escapes or substantial outside stairways, shall be provided for mill buildings where the floor level is more than eight feet above the ground.
(a) Buildings over one hundred fifty feet in length shall have at least one additional fire escape or substantial outside stairway for each additional one hundred fifty feet of length or fraction thereof.
(b) Passageways to fire escapes or outside stairways shall be marked and kept free of obstructions at all times.
(c) Fire protection. The requirements of WAC 296-24-585 through 296-24-62003 of the general safety and health standard, and WAC 296-800-300 of the safety and health core rules, shall be complied with in providing the necessary fire protection for sawmills.
(d) Fire drills shall be held at least quarterly and shall be documented.
(5) Where a doorway opens upon a roadway, railroad track, or upon a tramway or dock over which vehicles travel, a barricade or other safeguard and a warning sign shall be placed to prevent workers from stepping directly into moving traffic.
(6) Tramways and trestles shall be substantially supported by piling or framed bent construction which shall be frequently inspected and maintained in good repair at all times. Tramways or trestles used both for vehicular and pedestrian traffic shall have a walkway with standard hand rail at the outer edge and shear timber on the inner edge, and shall provide three feet clearance to vehicles. When walkways cross over other thoroughfares, they shall be solidly fenced at the outer edge to a height of 42 inches over such thoroughfares.
(7) Where tramways and trestles are built over railroads they shall have a vertical clearance of twenty-two feet above the top of the rails. When constructed over carrier docks or roads, they shall have a vertical clearance of not less than six feet above the drivers foot rest on the carrier, and in no event shall this clearance be less than twelve feet from the surface of the lower roadway or dock.
(8) Walkways (either temporary or permanent) shall be not less than twenty-four inches wide and two inches thick, nominal size, securely fastened at each end. When such walkways are used on an incline the angle shall not be greater than twenty degrees from horizontal.
(9) Walkways from the shore or dock to floats or barges shall be securely fastened at the shore end only and clear space provided for the other end to adjust itself to the height of the water.
(10) Cleats of one by four inch material shall be fastened securely across walkways at uniform intervals of eighteen inches whenever the grade is sufficient to create a slipping hazard.
[Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-71011, filed 8/27/81.]
(2) Foundations of elevated tanks shall be accessible for inspections. When the tank platform is more than five feet above the ground a stairway or ladder shall be permanently attached.
(3) Every open tank over five feet in height shall be equipped with fixed standard ladders both inside and out, extending from the bottom to the rim of the tank arranged to be accessible to each other, so far as local conditions permit.
(4) The use of chemicals for treating of lumber for prevention of sap stain or mold or as preservatives, shall conform to the requirements of WAC 296-62-11021, open surface tanks.
(a) Storage, handling, and use of chemicals. Threshold limits. Employees shall not be exposed to airborne concentration of toxic dusts, vapors, mists or gases that exceed the threshold limit values set forth in chapter 296-24 WAC, Part A-2, general safety and health standards, and chapter 296-62 WAC, Part E, general occupational health standards.
(b) Protective equipment. The use of chemicals shall be controlled so as to protect employees from harmful exposure to toxic materials. Where necessary, employees shall be provided with and required to wear such protective equipment as will afford adequate protection against harmful exposure as required by chapter 296-24 WAC, Part A-2, general safety and health standards, and chapter 296-62 WAC, Part E, general occupational health standards.
(5)(a) Means shall be provided and used to collect any excess of chemicals used in treating lumber so as to protect workers from accidental contact with harmful concentrations of toxic chemicals or fumes.
(b) Dip tanks containing flammable or combustible liquids shall be constructed, maintained and used in accordance with WAC 296-24-405 of the general safety and health standards.
(c) An evacuation plan shall be developed and implemented for all employees working in the vicinity of dip tanks using flammable and/or combustible liquids. A copy of the plan shall be available at the establishment for inspection at all times. Every employee shall be made aware of the evacuation plan and know what to do in the event of an emergency and be evacuated in accordance with the plan. The plan shall be reviewed with employees at least quarterly and documented.
(d) When automatic foam, automatic carbon dioxide or automatic dry chemical extinguishing systems are used, an alarm device shall be activated to alert employees in the dip tank area before and during the activation of the system. The following combinations of extinguishment systems when used in conjunction with the evacuation plan as stated above will be acceptable in lieu of bottom drains:
(i) A dip tank cover with an automatic foam extinguishing system under the cover, or an automatic carbon dioxide system, or an automatic dry chemical extinguishing system, or an automatic water spray extinguishing system;
(ii) An automatic dry chemical extinguishing system with an automatic carbon dioxide system or a second automatic dry chemical extinguishing system or an automatic foam extinguishing system;
(iii) An automatic carbon dioxide system with a second automatic carbon dioxide system or an automatic foam extinguishing system.
(e) The automatic water spray extinguishing systems, automatic foam extinguishing systems, and dip tank covers shall conform with the requirements of WAC 296-24-405. The automatic carbon dioxide systems and dry chemical extinguishing system shall conform with the requirements of WAC 296-24-615 and 296-24-620.
(6) Where workers are engaged in the treating of lumber with chemicals or are required to handle lumber or other materials so treated, the workers shall be provided with, at no cost to the worker, and required to use such protective equipment as will provide complete protection against contact with toxic chemicals or fumes therefrom.
(7) Sanitation requirements. The requirements of WAC
((296-24-120 through 296-24-13013 of the general safety and
health standards)) 296-800-220 and 296-800-230 (safety and health
core rules), shall govern sanitation practices.
(8) The sides of steam vats and soaking pits unless otherwise guarded shall extend forty-two inches above the floor level. The floor adjacent thereto shall be of nonslip construction.
(9) Large steam vats or soaking pits, divided into sections, shall be provided with substantial walkways between each section, each walkway to be provided with standard railings which may be removable if necessary.
(10) Covers shall be removed only from that portion of the steaming vats on which workers are working and a portable railing shall be placed at this point to protect the operators.
(11) Workers shall not ride or step on logs in steam vats.
[Statutory Authority: Chapter 49.17 RCW. 96-17-056, 296-78-71015, filed 8/20/96, effective 10/15/96; 94-20-057 (Order 94-16), 296-78-71015, filed 9/30/94, effective 11/20/94. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-71015, filed 8/27/81.]
(2) Ladders. A fixed ladder, in accordance with the
requirements of WAC 296-24-810 through 296-24-81013 of the
general safety and health standards and WAC 296-800-290 of the
safety and health core rules, or other means shall be provided to
permit access to the roof. Where controls and machinery are
mounted on the roof, a permanent stairway with standard handrail
shall be installed in accordance with the requirements of WAC
((296-24-765 through 296-24-76523 of the general safety and
health standards)) 296-800-290.
(3) A heated room shall be provided for the use of the kiln operator in inclement weather. He should remain in such room for at least ten minutes after leaving a hot kiln before going to cold outside air.
(4) Where operating pits are used, they shall be well ventilated, drained and lighted. Substantial gratings shall be installed at the kiln floor line. Steam lines shall be provided with insulation wherever exposed to contact by employees. Fans shall be enclosed by standard safeguards.
(5) Mechanical equipment. All belts, pulleys, blowers, and other exposed moving equipment used in or about kilns shall be guarded in accordance with the requirements of WAC 296-24-205 through 296-24-20533 of the general safety and health standards.
[Statutory Authority: Chapter 49.17 RCW. 96-17-056, 296-78-71017, filed 8/20/96, effective 10/15/96. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-71017, filed 8/27/81.]
(2) Where the natural ventilation is not sufficient to remove dust, fumes or vapors that create or constitute a hazard, additional means of removal shall be provided.
(3) All mills containing one or more machines whose operations create dust, shavings, chips or slivers during a period of time equal to or greater than one-fourth of the working day or shift, shall be equipped with a collecting system either continuous or automatic in action and of sufficient strength and capacity to thoroughly remove such refuse from the points of operation of the machines and the work areas.
(4) Each woodworking machine that creates dust, shavings, chips, or slivers shall be equipped with an exhaust or conveyor system located and adjusted to remove the maximum amount of refuse from the point of operation and immediate vicinity.
(5) Blower, collecting and exhaust systems shall be designed, constructed and maintained in accordance with American National Standards Z33.1 - 1961 (for the installation of blower and exhaust systems for dust, stock and vapor removal or conveying) and Z12.2 - 1962 (R1969) (code for the prevention of dust explosions in woodworking and wood flour manufacturing plants).
(6) Fans used for ventilating shall be of ample capacity, as evidenced by the performance schedules of the manufacturers, and shall be guarded when exposed to contact. Hoods, dust conveyors, dust collectors and other accessary equipment shall be large enough to insure free intake and discharge.
(7) The outlet or discharge of all ventilating equipment shall be so arranged that at no time will the dust, vapors, gases or other air borne impurities discharged, create or constitute a hazard.
(8) Where a hood is used to form a part or all of the guard required on a given machine, it shall be constructed of not less than ten U.S. gauge sheet metal, or if of cast iron it shall be not less than three-sixteenths inches in thickness.
(9) All exhaust pipes shall be of such construction and internal dimensions as to minimize the possibility of clogging. They shall be readily accessible for cleaning.
(10) All exhaust pipes shall empty into settling or dust chambers which shall effectively prevent the dust or refuse from entering any work area. Such settling or dust chambers shall be so designed and operated as to reduce to a minimum the danger of fire or dust explosions.
(11) In lieu of a general ventilating system, exhaust or blower units may be installed on the dust or fume producing machine, provided the required protection is secured thereby.
(12) When proper ventilation is not provided, and temporary
hazardous conditions are therefore encountered, the employer
shall furnish approved respiratory and visual equipment:
Provided, however, That the exposure to such hazard shall not be
for more than two hours duration. Protective measures and
equipment shall meet the requirements of the general occupational
health standard, chapter 296-62 WAC, Part E ((and the
requirements of the general safety and health standard, WAC 296-24-081 through 296-24-08113)).
(13) Provisions for the daily removal of refuse shall be made in all operations not required to have an exhaust system, or having refuse too heavy, or bulky, or otherwise unsuitable to be handled by an exhaust system.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-78-71019, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-71019, filed 8/27/81.]
[Statutory Authority: RCW 49.17.040 and 49.17.050. 82-13-045 (Order 82-22), 296-78-71023, filed 6/11/82. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-71023, filed 8/27/81.]
(2) Repairs. Electrical repairs shall be made only by authorized and qualified personnel.
(3) Identification. Marks of identification on electrical equipment shall be clearly visible.
(4) Protective equipment. Rubber protective equipment shall be provided as required by WAC 296-24-092(1) of the general safety and health standard.
(5) Open switches. Before working on electrical equipment, switches shall be open and shall be locked out.
(6) Concealed conductors. Where electrical conductors are known to be concealed, no work shall be performed until such conductors are located.
(7) Overload relays. Overload relays shall be reset by authorized qualified personnel only.
(8) Passageways to panels. Passageways to switch centers or panels shall at all times be kept free from obstruction. Not less than three feet of clear space shall be maintained in front of switch centers or panels at all times.
(9) Bridging fuses. Fuses shall not be doubled or bridged.
[Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-78-730, filed 11/22/91, effective 12/24/91. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-730, filed 8/27/81.]
[Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-735, filed 8/27/81.]
(2) The operator's cage shall be located at a place from which signals can be clearly distinguishable, and shall be securely fastened in a place and well braced to minimize vibration. It shall be large enough to allow ample room for the control equipment and the operator. The operator shall not be required to step over an open space of more than eighteen inches when entering the cage.
(3) Cab operated cranes shall be equipped with a portable
fire extinguisher which meets the requirements of ((the general
safety and health standard,)) WAC 296-24-590 through 296-24-59007
and WAC 296-800-300.
(4) In establishments where continuous loud noises prevail such as caused by the operation of pneumatic tools, steam exhausts from boilers, etc., adequate signals shall be installed on cranes or one or more employees shall be placed on the floor for each crane operated to give warning to other employees of the approach of a crane with a load. Where there are more than two cranes on the same runway or within the same building structure, signaling devices are required to give warning to other employees of the approach of a crane with a load.
(5) Cages of cranes subjected to heat from below shall be of noncombustible construction and shall have a steel plate shield not less than one-eighth inch thick, placed not less than six inches below the bottom of the floor of the cage.
(6) Outside crane cages shall be enclosed. There shall be windows on three sides of the cage. The windows in the front and the side opposite the door shall be the full width of the cage.
(7) The floor of the cage on out-door cranes shall be extended to form an entrance landing which shall be equipped with a handrail and toeboard constructed to the specifications of WAC 296-78-790 of this chapter.
(8) A copy of the rules for operators shall be permanently posted in the cages of all cage-operated cranes.
[Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-795, filed 8/27/81.]
(2) Doors.
(a) Main kiln doors. Main kiln doors shall be provided with a method of holding them open while kiln is being loaded.
(b) Counterweights on vertical lift doors shall be boxed or otherwise guarded.
(c) Means shall be provided to firmly secure main doors, when they are disengaged from carriers and hangers, to prevent toppling.
(3) Kilns whose operation requires inside inspection shall
be maintained with not less than eighteen inches clearance
between loaded cars and the walls of the kiln. The requirements
for personal protective equipment specified in ((chapter 296-24 WAC, Part A-2, general safety and health standards)) WAC 296-800-160, safety and health core rules, and chapter 296-62 WAC, Part E, general occupational health standards, shall be
complied with.
(4) Kiln loads shall be equipped or arranged for easy attachment and detachment of transfer cables. Means for stopping kiln cars shall be available at all times.
(5) Cars shall not be moved until tracks are clear and workers are out of the bight of transfer lines.
(6) When kiln or dolly loads of lumber are permitted to coast through or adjacent to any work area, audible warning shall be given.
(7) Stickers shall not be allowed to protrude more than two inches from the sides of kiln stacks.
(8) Yards and storage areas shall be kept reasonably free of debris and unnecessary obstruction. Warning signs shall be conspicuously posted wherever there is danger from moving vehicles or equipment.
[Statutory Authority: Chapter 49.17 RCW. 96-17-056, 296-78-84005, filed 8/20/96, effective 10/15/96; 94-20-057 (Order 94-16), 296-78-84005, filed 9/30/94, effective 11/20/94. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), 296-78-84005, filed 8/27/81.]
OTS-4138.2
AMENDATORY SECTION(Amending WSR 99-16-083, filed 8/3/99,
effective 11/3/99)
WAC 296-79-010
Scope and application.
(1) This chapter
applies to establishments, firms, persons and corporations that
manufacture, process, store, finish, or convert pulp, paper or
paperboard and includes all buildings, machinery, and equipment.
(2) This chapter shall augment the Washington state general
safety and health standards (chapter 296-24 WAC) ((and)), general
occupational health standards (chapter 296-62 WAC), and safety
and health core rules (chapter 296-800 WAC). In the event of any
conflict between any portion of this chapter and any portion of
any of the general application standards, the provisions of this
chapter 296-79 WAC, shall prevail.
(3) The rules contained in this chapter are minimum requirements and the use of additional guards, or other means, methods or procedures may be needed to make the work or place of work safe.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-16-083, 296-79-010, filed 8/3/99, effective 11/3/99; Order 74-24, 296-79-010, filed 5/6/74; Order 70-6, 296-79-010, filed 7/10/70, effective 8/10/70.]
(a) Floors must be kept reasonably clear of spilled or leaking oil, grease, water, broke, etc., that may cause slipping, tripping or falling. Nonskid type surfacing must be installed in vehicular or pedestrian traffic areas where slipping hazards otherwise would exist.
In areas where it is not possible to keep the floor free of materials which cause a slipping hazard, mats, cleats, or other suitable materials which will effectively minimize or eliminate the hazard must be installed.
(b) Hoses, cords, slings or similar items or equipment must be stored in such a manner that they will not create a hazard.
(2) Storage and transportation of materials. Materials, objects or equipment must be stored or transported by methods which will prevent them from falling, tipping or rolling.
(3) Warning of open manholes or excavations. Open manholes or excavations must be:
Roped off, barricaded, or adequately safeguarded when located in or adjacent to walkways, aisleways, or roadways.
Provided with warning lights or lanterns during periods of darkness or reduced visibility.
(4) Training. Employees must receive proper instruction and be familiar with safe operating procedures:
(a) Before they supervise the operation, or make adjustments to any machine or equipment.
(b) To be able to cope with emergencies arising from breaks, ruptures, or spills which would create a hazardous condition.
(c) For lifting and moving objects. Mechanical devices should be used or employees should ask for assistance in lifting or moving heavy objects.
(d) On prompt reporting of any faulty equipment or hazardous condition to the person in charge.
(5) Working alone. When an employee is assigned to work alone in a remote or isolated area, procedures must be developed to ensure:
That the employee reports by use of radio or telephone to someone periodically; or
At reasonable intervals a designated person must check on the employee; and
All persons involved in working alone are advised of the procedures to be followed.
(6) Exits from hazardous areas. Where physically and reasonably possible, there must be at least two unobstructed exits from any hazardous area. Such exits should be on opposite walls.
(7) Safe work area. Sufficient clearance must be maintained between machines to allow employees a safe work area.
(8) Protection from overhead hazard. Warning signs/devices must be:
Placed in conspicuous locations below areas where overhead work is being done and
Removed promptly when work is completed and the overhead hazard no longer exists.
(9) Welding areas protected.
(a) Areas in which welding is being done must be screened or barricaded to protect persons from flash burns, when practical.
(b) If the welding process cannot be isolated, all persons who may be exposed to the hazard of arc flash must be properly protected.
(10) Testing safety devices. Brakes, back stops, anti-runaway devices, overload releases, emergency stops, and other safety devices must be inspected and tested frequently to ensure that all are operative and maintained in good repair.
(11) Starting and stopping devices.
Electrically or manually operated power starting or stopping devices must be provided within easy reach of the operator from the normal operating position.
If necessary for safety of the operation, the machine must be so equipped that retarding or braking action can be applied at the time of or after the source of power is deactivated.
(12) Interlocks:
Interlocks that affect the safety of employees must not be bypassed except where the employer demonstrates that alternate procedures or devices provide a level of safety for employees equivalent to that provided by the safety interlock. Interlocks are considered to be bypassed anytime the designed control strategy is bypassed by means including, but not limited to, a temporary wiring change, physical interference or a temporary software change of "force."
Prior to bypassing a safety interlock the employer must:
Develop a written procedure detailing how the bypass will be accomplished and the alternate means of protecting employees.
Inform affected employees of all pertinent information including at a minimum the reason for the change, the date of the change, who is responsible for the change, and approximately how long the change will be in effect.
Post appropriate warning of the change on the equipment or area.
(13) Designing control systems. Employers must ensure that all control systems are designed to:
Ensure that the system does not create an unsafe state that endangers personnel.
Ensure that when control systems fail, the equipment being controlled fails to a safe state.
Have an independent method to safely stop the process or equipment, such as a hardwired emergency stop button or other controls that deenergize the system, or independent methods to force the system to a safe state.
(14) Compressed air.
(a) Compressed air must not be used for cleaning clothing that is being worn, or if it will endanger persons in the area.
(b) Sections of high pressure air hoses must be properly coupled and have safety chains or equivalent safety device attached between the sections (30 psi or more is high pressure air).
(15) Punch bars. Open pipes must not be used as punch bars if the use would create a hazard.
(16) Saw table limit stop or extension. Employees must be protected from contact with the front edge of a circular saw by:
A limit stop which will prevent the forward swing of the cutting edge from extending beyond the edge of the table or
Installation of a table extension.
(17) Powder-actuated tools.
Powder-actuated tool design, construction, operation and use shall comply with all requirements specified in "safety requirements for powder actuated fastening systems," (see chapter 296-24 WAC, Part H-1).
A careful check must be made to ensure that no cartridges or charges are left where they could enter equipment or be accidentally discharged in any area where they could create a fire or explosion hazard.
(18) Ladders required on waterfront docks. Employers must ensure that either permanent ladders or portable ladders:
Are readily available for emergency use on all waterfront docks.
Extend from the face of the dock to the water line at its lowest elevation.
Are installed at intervals not to exceed 400 feet.
Are noticeable by painting the dock area immediately adjacent to the ladder with a bright color which contrasts with the surrounding area.
Have been secured with a suitable method.
| Note: | When working on or around water also see (( |
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-16-083, 296-79-020, filed 8/3/99, effective 11/3/99. Statutory Authority: RCW 49.17.040 and 49.17.050. 82-13-045 (Order 82-22), 296-79-020, filed 6/11/82; Order 77-12, 296-79-020, filed 7/11/77; Order 74-24, 296-79-020, filed 5/6/74; Order 70-6, 296-79-020, filed 7/10/70, effective 8/10/70.]
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-16-083, 296-79-040, filed 8/3/99, effective 11/3/99; Order 74-24, 296-79-040, filed 5/6/74; Order 70-6, 296-79-040, filed 7/10/70, effective 8/10/70.]
(1) Rings or other jewelry that could create a hazard should not be worn by employees while in the performance of their work.
(2) Protective footwear.
Employees who work in areas where there is a possibility of foot injury due to falling or rolling objects must wear safety type footwear.
Employers will supply shoe guards and toe protectors.
Employers must also make safety shoes available for purchase by employees at not more than actual cost to the employer.
(3) Calks or other suitable footwear that will afford reasonable protection from slipping must be:
Worn while working on logs.
Made available at not more than actual cost to the employer.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-16-083, 296-79-050, filed 8/3/99, effective 11/3/99. Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), 296-79-050, filed 9/30/94, effective 11/20/94; 89-11-035 (Order 89-03), 296-79-050, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), 296-79-050, filed 11/30/83; 82-13-045 (Order 82-22), 296-79-050, filed 6/11/82; Order 74-24, 296-79-050, filed 5/6/74; Order 70-6, 296-79-050, filed 7/10/70, effective 8/10/70.]
(1) Operator controlled devices. Push buttons, selector switches, remote control switches, automatic circuit activating devices, and other control circuit type devices must be marked to indicate their function and the equipment they control.
(2) Posting equipment automatically activated or remotely controlled. If it will create a hazard to personnel, equipment which is automatically activated or remotely controlled must be posted, warning persons that machine may start automatically.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-16-083, 296-79-090, filed 8/3/99, effective 11/3/99. Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-79-090, filed 11/22/91, effective 12/24/91; Order 74-24, 296-79-090, filed 5/6/74; Order 70-6, 296-79-090, filed 7/10/70, effective 8/10/70.]
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-16-083, 296-79-100, filed 8/3/99, effective 11/3/99; Order 74-24, 296-79-100, filed 5/6/74; Order 70-6, 296-79-100, filed 7/10/70, effective 8/10/70.]
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-16-083, 296-79-120, filed 8/3/99, effective 11/3/99; Order 74-24, 296-79-120, filed 5/6/74; Order 70-6, 296-79-120, filed 7/10/70, effective 8/10/70.]
(2) Steps and footwalks along the fourdrinier/forming and press section must have nonslip surfacing and be complete with standard handrails, when practical.
(3) If a machine must be lubricated while in operation an automatic lubricating device must be provided or oil cups and grease fittings must be provided which can be serviced safely without exposing the worker to any hazards.
(4) All levers carrying weights must be so constructed that weights will not slip or fall off.
(5) Guarding inrunning nip points.
(a) The drums on pulp and paper machine winders.
(i) These drums must be provided with suitable guards to prevent a person from being caught between the roll and the front drum on the winder when the pinch point is on the operator's side.
(ii) Such guards must be interlocked with the drive mechanism to prevent the winder from running while the guard is not in place. Except that the winder may be wired to allow it to run at thread or jog speed only for adjustment and start-up purposes while the guard is not in position.
(iii) A zero speed switch or locking device must be installed to prevent the guard from being removed while the roll is turning above thread or jog speed.
(b) Rewinders.
When rewinding large rolls and the nip point is adjacent to the normal work area.
The nip point must be protected by a barrier guard and
Such guard must be interlocked with the drive mechanism to prevent operating the machine above thread or jog speed without the guard in place and
A zero speed switch must be installed to prevent the guard from being raised while the roll is turning.
(c) Inrunning nips where paper is not being fed into a calender must be guarded.
(6) An audible alarm must be sounded prior to starting up any section of a pulp or paper machine. Sufficient time must be allowed between activation of the alarm system and start-up of the equipment to allow any persons to clear the hazardous area.
(7) When starting up a dryer section, steam to heat the drums must be introduced slowly and while the drums are revolving.
(8) A safe method must be used when starting paper into the nip of drum type reels or calender stacks. This may be accomplished by the use of feeder belts, carrier ropes, air carriage or other device or instrument.
A rope carrying system should be used wherever possible at points of transfer, or
Sheaves should be spaced so that they do not create a nip point with each other and the sheave and its support should be capable of withstanding the speed and breaking strength of the rope for which they are intended.
(9) Employees must not feed a stack with any hand held device which is capable of going through the nip.
(10) Employees must not attempt to remove a broken carrier rope from a dryer while the section is running at operating speed.
(11) Employees must stop the dryer to remove a wrap except in cases where it can be safely removed by using air or other safe means.
(12) To remove deposits from rolls, a specially designed scraper or tool shall be used. Scraping of rolls must be performed on the outgoing nip side.
(13) Doctor blades.
(a) Cleaning. Employees must not place their hands between the sharp edge of an unloaded doctor blade and the roll while cleaning the doctor blade.
(b) Doctor blades must have the sharp edges properly guarded during transportation and storage.
(c) Special protective gloves must be provided and must be worn by employees when filing or handling sharp edged doctor blades.
(14) Handling reels.
(a) Reels must stop rotating before being lifted away from reel frame.
Crane hooks must not be used to stop a turning reel.
(b) Exposed rotating reel shafts with square block ends must be guarded.
(c) The crane operator must ascertain that reels are properly seated at winder stand or at reel arms before they disengage the hooks.
(d) On stored reels, a clearance of at least 8 inches between the reels of paper must be maintained.
(15) All winder shafts must be equipped with a winder collar guide. The winder must have a guide rail to align the shaft for easy entrance into the opened rewind shaft bearing housing. If winder shafts are too heavy for manual handling, mechanical equipment must be used.
(16) Shaftless winders must be provided with a barrier guard of sufficient strength and size to confine the rolls in the event they become dislodged while running.
(17) All calender stacks and spreader bars must be grounded according to chapter 296-24 WAC, Part L, and WAC 296-800-280 as protection against shock induced by static electricity.
(18) Nonskid type surface required.
(a) All exposed sole plates between dryers, calenders, reels, and rewinders must have a nonskid type surface.
(b) A nonskid type surface must be provided in the work areas around the winders or rewinders.
(19) If a powered roll ejector is used it should be interlocked to prevent accidental actuation until the receiving platform or roll lowering table is in position to receive the roll.
(20) Employees must keep clear of hazardous areas around the lowerator, especially all lowerator openings in a floor and where roll is being discharged.
(21) Provision must be made to hold the rider roll when in a raised position unless counterbalancing eliminates the hazard.
(22) Drain openings in pits. Flush floor drain openings larger than 3 inches in diameter in the bottom of pits must be guarded to prevent workers from stepping through, while working in this area.
(23) Employees must not enter into or climb on any paper machine roll that is subject to free turning unless a positive locking device has been installed to prevent the roll from turning.
(24) The employer must ensure sufficient inspection and nondestructive examination of reel spool and calender roll journals. The type and frequency of testing must be adequate to detect indications of failure. Any reel spool or calender roll journal found to have an indication of failure must be removed from service. Nondestructive examination personnel must be qualified in accordance with SNT-TC 1A.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-16-083, 296-79-300, filed 8/3/99, effective 11/3/99. Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), 296-79-300, filed 11/22/91, effective 12/24/91. Statutory Authority: RCW 49.17.040, 49.17.240, and chapters 43.22 and 42.30 RCW. 81-03-007 (Order 80-31), 296-79-300, filed 1/8/81; Order 76-7, 296-79-300, filed 3/1/76; Order 74-24, 296-79-300, filed 5/6/74; Order 70-6, 296-79-300, filed 7/10/70, effective 8/10/70.]
OTS-4139.1
AMENDATORY SECTION(Amending WSR 97-22-065, filed 11/3/97,
effective 1/1/98)
WAC 296-99-010
What safety hazards does this chapter
require the employer to control?
This chapter directs the
employer to control dust fires, explosions and other safety
hazards in grain handling facilities including the waterfront
dock areas at marine terminals (chapter 296-56 WAC will not
apply).
All provisions from chapters 296-24 ((and)), 296-62, and
296-800 WAC also apply. If rules in either of these chapters
conflict with rules in chapter 296-99 WAC, chapter 296-99 WAC
will prevail.
[Statutory Authority: Chapter 49.17 RCW. 97-22-065, 296-99-010, filed 11/3/97, effective 1/1/98; 88-23-054 (Order 88-25), 296-99-010, filed 11/14/88.]
(1) The employer must ensure that the practice of walking down grain is prohibited. "Walking down grain" means an employee walks on grain to make it flow within or out from a grain storage structure, or an employee is on moving grain.
(2) The employer must ensure that during the entry and occupation of a storage structure the employee uses:
| A body harness with a lifeline; or | |
| A boatswain's chair that meets the requirements of Part
(( |
(b) The employee is exposed to an engulfment hazard such as when entering at the level of the stored grain, or while walking or standing on the grain. The lifeline must be rigged so that its position and length will prevent the employee from sinking below waist level.
(3) The employer must ensure that during the occupation of storage structures, including walking or standing on grain, employees are protected from hazards related to:
| Mechanical; | |
| Electrical; | |
| Hydraulic; and | |
| Pneumatic equipment. |
(4) The employer must ensure that employees are prohibited from entering any storage structure where a build-up of grain overhead (bridging) or on the sides could fall and bury them.
(5) The employer must ensure, as minimum precautions, that employee entry and occupation of all grain storage structures including flat storage structures is done according to all applicable requirements of WAC 296-62-145, confined space, when the storage structure:
| Has limited or restricted means of entry and exit; and | |
| Is not designed for continuous employee occupancy. |
[Statutory Authority: Chapter 49.17 RCW. 97-22-065, 296-99-040, filed 11/3/97, effective 1/1/98; 88-23-054 (Order 88-25), 296-99-040, filed 11/14/88.]
OTS-4482.1
AMENDATORY SECTION(Amending WSR 00-01-038, filed 12/7/99,
effective 2/1/00)
WAC 296-155-120
First-aid training and certification.
This
section is designed to assure that all employees in this state
are afforded quick and effective first-aid attention in the event
of an on the job injury. To achieve this purpose the presence of
personnel trained in first-aid procedures at or near those places
where employees are working is required. Compliance with the
provisions of this section may require the presence of more than
one first-aid trained person.
(1) The first-aid training requirements of the ((general))
safety and health ((standards)) core rules, chapter ((296-24))
296-800 WAC, ((Part A-1)) apply within the scope of chapter 296-155 WAC.
(2) Each employer must have available at all worksites, where a crew is present, a person or persons holding a valid first-aid certificate.
(3) All crew leaders, supervisors or persons in direct charge of one or more employees must have a valid first-aid certificate.
(4) For the purposes of this section, a crew means a group of two or more employees working at any worksite.
| Note: | The requirement that all crew leaders, supervisors or person in direct charge of one or more employees (subsection (3) of this section) applies even if other first-aid trained person(s) are available. In emergencies, crew leaders will be permitted to work up to thirty days without having the required certificate, providing an employee in the crew or another crew leaders in the immediate work area has the necessary certificate. |
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 00-01-038, 296-155-120, filed 12/7/99, effective 2/1/00. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-120, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-120, filed 1/21/86; Order 74-26, 296-155-120, filed 5/7/74, effective 6/6/74.]
(2) All vehicles used to transport work crews must be equipped with first-aid supplies.
(3) When practical, a poster must be fastened and maintained either on or in the cover of each first-aid kit and at or near all phones plainly stating the worksite address or location, and the phone numbers of emergency medical responders for the worksite.
(4) Requirements of WAC 296-62-130, Emergency washing facilities, apply within the scope of chapter 296-155 WAC.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 00-01-038, 296-155-125, filed 12/7/99, effective 2/1/00. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-125, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-125, filed 1/21/86; Order 74-26, 296-155-125, filed 5/7/74, effective 6/6/74.]
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 00-01-038, 296-155-130, filed 12/7/99, effective 2/1/00. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-130, filed 1/21/86; Order 74-26, 296-155-130, filed 5/7/74, effective 6/6/74.]
(a) The employer shall provide decontamination areas for employees required to work in regulated areas or required by WAC 296-155-17319 to wear protective clothing. Exception: In lieu of the decontamination area requirement specified in this subsection, the employer may permit employees engaged in small scale, short duration operations, to clean their protective clothing or dispose of the protective clothing before such employees leave the area where the work was performed.
(b) Change areas. The employer shall ensure that change areas are equipped with separate storage facilities for protective clothing and street clothing, in accordance with WAC 296-24-12011.
(c) Equipment area. The equipment area shall be supplied with impermeable, labeled bags and containers for the containment and disposal of contaminated protective clothing and equipment.
(2) Shower area.
(a) Where feasible, shower facilities shall be provided
which comply with WAC ((296-24-12009(3))) 296-24-12010 wherever
the possibility of employee exposure to airborne levels of MDA in
excess of the permissible exposure limit exists.
(b) Where dermal exposure to MDA occurs, the employer shall ensure that materials spilled or deposited on the skin are removed as soon as possible by methods which do not facilitate the dermal absorption of MDA.
(3) Lunch areas.
(a) Whenever food or beverages are consumed at the worksite and employees are exposed to MDA the employer shall provide clean lunch areas were MDA levels are below the action level and where no dermal exposure to MDA can occur.
(b) The employer shall ensure that employees wash their hands and faces with soap and water prior to eating, drinking, smoking, or applying cosmetics.
(c) The employer shall ensure that employees do not enter lunch facilities with contaminated protective work clothing or equipment.
[Statutory Authority: Chapter 49.17 RCW. 93-04-111 (Order 92-15), 296-155-17321, filed 2/3/93, effective 3/15/93.]
(a) The employer shall communicate information concerning
lead hazards according to the requirements of WISHA's Hazard
Communication Standard for the construction industry, ((part C
of)) chapter ((296-62)) 296-800 WAC, including but not limited to
the requirements concerning warning signs and labels, material
safety data sheets (MSDS), and employee information and training.
In addition, employers shall comply with the following
requirements:
(b) For all employees who are subject to exposure to lead at or above the action level on any day or who are subject to exposure to lead compounds which may cause skin or eye irritation (e.g., lead arsenate, lead azide), the employer shall provide a training program in accordance with subsection (2) of this section and assure employee participation.
(c) The employer shall provide the training program as initial training prior to the time of job assignment or prior to the start up date for this requirement, whichever comes last.
(d) The employer shall also provide the training program at least annually for each employee who is subject to lead exposure at or above the action level on any day.
(2) Training program. The employer shall assure that each employee is trained in the following:
(a) The content of this standard and its appendices;
(b) The specific nature of the operations which could result in exposure to lead above the action level;
(c) The training requirements for respiratory protection as required by chapter 296-62 WAC, Part E (see WAC 296-62-07117, 296-62-07172, and WAC 296-62-07186 through 296-62-07190);
(d) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females and hazards to the fetus and additional precautions for employees who are pregnant);
(e) The engineering controls and work practices associated with the employee's job assignment including training of employees to follow relevant good work practices described in Appendix B, WAC 296-155-17652;
(f) The contents of any compliance plan in effect;
(g) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician; and
(h) The employee's right of access to records under Part B, chapter 296-62 WAC and chapter 296-800 WAC.
(3) Access to information and training materials.
(a) The employer shall make readily available to all affected employees a copy of this standard and its appendices.
(b) The employer shall provide, upon request, all materials relating to the employee information and training program to affected employees and their designated representatives, and the director.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-155-17625, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 93-22-054 (Order 93-07), 296-155-17625, filed 10/29/93, effective 12/10/93.]
(2) Specified protective clothing. Protective means which may be employed are as follows:
(a) Except when engaged in light work, all welders should wear flameproof gauntlet gloves.
(b) Flameproof aprons made of leather, or other suitable material may also be desirable as protection against radiated heat and sparks.
(c) Woolen clothing preferable to cotton because it is not so readily ignited and helps protect the welder from changes in temperature. Cotton clothing, if used, should be chemically treated to reduce its combustibility. All outer clothing such as jumpers or overalls should be reasonably free from oil or grease.
(d) Sparks may lodge in rolled-up sleeves or pockets of clothing, or cuffs of overalls or trousers. It is therefore recommended that sleeves and collars be kept buttoned and pockets be eliminated from the front of overalls and aprons. Trousers or overalls should not be turned up on the outside.
| Note: | For heavy work, fire-resistant leggings, high boots, or other equivalent means should be used. |
(f) Capes or shoulder covers made of leather or other suitable materials should be worn during overhead welding or cutting operations. Leather skull caps may be worn under helmets to prevent head burns.
(g) Where there is exposure to sharp or heavy falling objects, or a hazard of bumping in confined spaces, hard hats or head protectors shall be used.
[Statutory Authority: Chapter 49.17 RCW. 95-04-007, 296-155-407, filed 1/18/95, effective 3/1/95. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-407, filed 1/21/86.]
OTS-4167.2
AMENDATORY SECTION(Amending Order 86-14, filed 1/21/86)
WAC 296-155-005
Purpose and scope.
(1) The standards
included in this chapter apply throughout the state of
Washington, to any and all work places subject to the Washington
Industrial Safety and Health Act (chapter 49.17 RCW), where
construction, alteration, demolition, related inspection, and/or
maintenance and repair work, including painting and decorating,
is performed. These standards are minimum safety requirements
with which all industries must comply when engaged in the above
listed types of work.
(2) If a provision of this chapter conflicts with a
provision of the general safety and health standard (chapter 296-24 WAC) ((or)), the general occupational health standard
(chapter 296-62 WAC), or the safety and health core rules
(chapter 296-800 WAC), the provision of this chapter shall
prevail. When a provision of this chapter conflicts with a
provision of another vertical safety standard applying to the
place of work, the provisions of the vertical standard of
specific application shall prevail.
[Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-005, filed 1/21/86. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), 296-155-005, filed 11/13/80; Order 76-29, 296-155-005, filed 9/30/76; Order 74-26, 296-155-005, filed 5/7/74, effective 6/6/74.]
(a) The maintenance and repair work, including painting and decorating, is being performed on the employer's premises, or facility.
(b) The length of the project does not exceed one week.
(c) The employer is in compliance with the requirements of
WAC ((296-24-040)) 296-800-140 Accident prevention program((s)),
and WAC ((296-24-045)) 296-800-130, Safety ((and health))
committees ((plan)) and safety meetings.
(2) Each employer shall develop a formal accident-prevention program, tailored to the needs of the particular plant or operation and to the type of hazard involved. The department may be contacted for assistance in developing appropriate programs.
(3) The following are the minimal program elements for all employers:
A safety orientation program describing the employer's safety program and including:
(a) How, where, and when to report injuries, including instruction as to the location of first-aid facilities.
(b) How to report unsafe conditions and practices.
(c) The use and care of required personal protective equipment.
(d) The proper actions to take in event of emergencies including the routes of exiting from areas during emergencies.
(e) Identification of the hazardous gases, chemicals, or materials involved along with the instructions on the safe use and emergency action following accidental exposure.
(f) A description of the employer's total safety program.
(g) An on-the-job review of the practices necessary to perform the initial job assignments in a safe manner.
(4) Each accident-prevention program shall be outlined in written format.
(5) Every employer shall conduct crew leader-crew safety meetings as follows:
(a) Crew leader-crew safety meetings shall be held at the beginning of each job, and at least weekly thereafter.
(b) Crew leader-crew meetings shall be tailored to the particular operation.
(6) Crew leader-crew safety meetings shall address the following:
(a) A review of any walk-around safety inspection conducted since the last safety meeting.
(b) A review of any citation to assist in correction of hazards.
(c) An evaluation of any accident investigations conducted since the last meeting to determine if the cause of the unsafe acts or unsafe conditions involved were properly identified and corrected.
(d) Attendance shall be documented.
(e) Subjects discussed shall be documented.
| Note: | Subcontractors and their employees may, with the permission of the general contractor, elect to fulfill the requirements of subsection (5)(a) and (b) of this section by attending the prime contractors crew leader-crew safety meeting. Any of the requirements of subsections (6)(a), (b), (c), and (7) of this section not satisfied by the prime contractors safety meetings shall be the responsibility of the individual employers. |
(8) Minutes of crew leader-crew safety meetings shall be retained by the employer for at least one year and shall be made available for review by personnel of the department, upon request.
(9) Every employer shall conduct walk-around safety inspections as follows:
(a) At the beginning of each job, and at least weekly thereafter, a walk-around safety inspection shall be conducted jointly by one member of management and one employee, elected by the employees, as their authorized representative.
(b) The employer shall document walk-around safety inspections and such documentation shall be available for inspection by personnel of the department.
(c) Records of walk-around inspections shall be maintained by the employer until the completion of the job.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 00-08-078, 296-155-110, filed 4/4/00, effective 7/1/00. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-110, filed 7/20/94, effective 9/20/94; 92-09-148 (Order 92-01), 296-155-110, filed 4/22/92, effective 5/25/92. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-110, filed 1/21/86; Order 74-26, 296-155-110, filed 5/7/74, effective 6/6/74.]
(a) An adequate supply of potable water shall be provided in all places of employment.
(b) Portable containers used to dispense drinking water shall be capable of being tightly closed and equipped with a tap. Water shall not be dipped from containers.
(c) Any container used to distribute drinking water shall be clearly marked as to the nature of its contents and not used for any other purpose.
(d) The common drinking cup is prohibited.
(e) Where single service cups (to be used but once) are supplied, both a sanitary container for the unused cups and a receptacle for disposing of the used cups shall be provided.
(f) All water containers used to furnish drinking water shall be thoroughly cleaned at least once each week or more often as conditions require.
(g) The requirements of this subsection do not apply to mobile crews or to normally unattended work locations as long as employees working at these locations have transportation immediately available, within the normal course of their duties, to nearby facilities otherwise meeting the requirements of this section.
(h) The following definitions apply:
(i) Mobile crew: A work crew that routinely moves to a different work location periodically. Normally a mobile crew is not at the same location all day.
(ii) Normally unattended work location: An unattended site that is visited occasionally by one or more employees.
(iii) Nearby facility: A sanitary facility that is within three minutes travel by the transportation provided.
(iv) "Potable water" means water which meets the quality standards for drinking purposes of state or local authority having jurisdiction or water that meets the quality standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.
(2) Wash water.
(a) Clean, tepid wash water, between 70 and 100 degrees Fahrenheit, shall be provided at all construction sites.
(b) Individual hand towels shall be provided. Both a sanitary container for the unused towels and a receptacle for disposal of used towels shall be provided.
(c) Hand soap, industrial hand cleaner or similar cleansing agents shall be provided. Cleansing agents shall be adequate to remove any paints, coatings, herbicides, insecticides or other contaminants.
(d) The requirements of this subsection do not apply to mobile crews or to normally unattended work locations as long as employees working at these locations have transportation immediately available, within the normal course of their duties, to nearby facilities otherwise meeting the requirements of this section.
(e) Gasoline or solvents shall not be used for personal cleaning.
(f) Wash water areas will be maintained in a dry condition. Slipping or other hazards shall be eliminated from the wash water area before it is acceptable for use.
(3) Nonpotable water.
(a) Outlets for nonpotable water, such as water for industrial or fire fighting purposes only, shall be identified by signs meeting the requirements of Part E of this chapter, to indicate clearly that the water is unsafe and is not to be used for drinking, washing or cooking purposes.
(b) There shall be no cross-connection, open or potential, between a system furnishing potable water, a system furnishing nonpotable water or a system furnishing wash water.
(4) Toilets.
(a) The provisions of this section apply to both portable
chemical toilets and to flush toilets, except where flush toilets
are used the requirements of WAC ((296-24-12007 (1)(a)))
296-800-230 shall apply instead of (b) of this subsection.
(b) Accessible toilets shall be provided for employees according to the following table:
| TABLE B-1 | ||||
| Number of Employees |
Toilets Required | |||
| 1 - 10 | 1 | |||
| 11 - 25 | 2 | |||
| 26 - 40 | 3 | |||
| 41 - 60 | 4 | |||
| 61 - 80 | 5 | |||
| Over 80 | one additional toilet for each additional twenty employees or any fraction thereof. | |||
(d) Toilets shall be maintained in clean, sanitary and functional condition. Internal latches shall be provided to secure the units from inadvertent entry. Where there are twenty or more employees consisting of both sexes, facilities shall be provided for each sex.
(i) Each unit shall be properly cleaned on a routine basis.
(ii) Chemicals, toilet tissue and sanitary seat covers shall be maintained in a supply sufficient for use during the entire shift.
(iii) Any defective or inadequate unit shall be immediately removed from service.
(e) Specifications. The following specifications apply:
(i) A noncaustic chemical toilet (portable chemical toilet is) a self-contained unit equipped with a waste receiving chemical holding container.
(ii) Portable chemical toilets consisting of only a holding tank, commonly referred to as "elevator units" or "elevator toilets" are not acceptable. "Elevator units" may be used if they are individually located in a lockable room which affords privacy. When this type unit is used in a private individual lockable room the entire room will be considered a toilet facility, as such the room will meet all requirements of toilet facilities and be inspected in accordance with subsection (5)(b)(iii) of this section.
(iii) Rooms, buildings or shelters housing toilets shall be of sound construction, easy to clean, provide shelter and provide privacy. The toilet rooms shall be ventilated to the outside and adequately lighted. All openings into the toilet room shall be covered with 16-mesh screen.
(iv) Toilets shall be serviced on a regular schedule. Servicing shall include the use of a disinfectant for cleaning urinals and seats, removing waste from containers, recharging containers with an odor controlling chemical and installing an adequate supply of toilet tissue and seat covers.
(v) Service shall be performed in accordance with local codes by approved servicing organizations. Waste shall be disposed of or discharged in accordance with requirements of local health department regulations.
(vi) Waste containers shall be fabricated from impervious materials, e.g. plastic, steel, fiberglass or their equivalent. Containers shall be water tight and capable of containing the chemical waste in a sanitary manner. The container shall be fitted to the building in a manner so as to prevent insects from entering from the exterior of the building. Containers shall be adequate in size to be used by the number of persons, according to the schedule for minimum requirements, without filling the container to more than half of its volume before regularly scheduled servicing.
(vii) Removal of waste shall be handled in a clean and sanitary manner by means of a vacuum hose and received by a leak-proof tank truck. All valves on the tank shall be leak-proof.
(viii) Provisions shall be made so service trucks have a clear approach and convenient access to the toilets to be serviced.
(ix) Disposal of waste from tank trucks shall be in accordance with local health department requirements. In the absence of provisions by local health departments, waste must be disposed of through municipal or district sanitary sewage systems. Municipal or area sanitary sewage districts shall provide sewage disposal locations and facilities which are adequate and convenient for duly authorized toilet service organizations.
(f) The requirements of this subsection do not apply to mobile crews or to normally unattended work locations as long as employees working at these locations have transportation immediately available, within the normal course of their duties, to nearby facilities otherwise meeting the requirements of this section.
(5)(a) On multi-employer worksites, the prime contractor shall ensure that the requirements of this section are met. Each employer is responsible for seeing that facilities for their own employees are provided.
(b) Each employer shall ensure, at the beginning of each shift, that the sanitation facilities required by this section are inspected. If any facility or unit fails to meet the following requirements, immediate corrective action shall be taken. Such action shall be documented and maintained at the site for at least 72 hours. Inspection shall establish:
(i) Potable water: Sufficient supply of water, sufficient supply of cups, container integrity, cleanliness of unit and area, capacity of trash receptacle (empty).
(ii) Wash water: Sufficient supply of clean water, proper temperature, sufficient supply of towels, sufficient supply of cleansing agents, container integrity, cleanliness of unit and area without the presence of physical hazards, capacity of trash receptacle (empty).
(iii) Toilets: Sufficient supply of toilet tissue and sanitary seat covers, capacity and condition of chemical agent, capacity and condition of holding tank, cleanliness of unit and area without the presence of physical hazards, physical and structural condition of unit, condition of lock, condition of toilet seat and tissue holder, absence of all foreign debris.
(c) The location of the facilities required by subsections (1), (2) and (4) of this section shall be as close as practical to the highest concentration of employees.
(i) On multistory structures they shall be furnished on every third floor.
(ii) At all sites they shall be located within 200 feet horizontally of all employees.
(iii) The requirements of subsection (5)(c)(i) and (ii) do not apply to mobile crews or to normally unattended work locations as long as employees working at these locations have transportation immediately available, within the normal course of their duties, to nearby facilities otherwise meeting the requirements of this section.
(6) Food handling. All employees' food service facilities and operations shall meet the applicable laws, ordinances and regulations of the jurisdictions in which they are located.
(7) Temporary sleeping quarters. When temporary sleeping quarters are provided, they shall be heated, ventilated and lighted.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-140, filed 7/20/94, effective 9/20/94; 89-11-035 (Order 89-03), 296-155-140, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-140, filed 1/21/86; Order 74-26, 296-155-140, filed 5/7/74, effective 6/6/74.]
(a) The employer shall post and maintain legible signs
demarcating regulated areas and entrances or accessways to
regulated areas that bear the following legend:
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING
MAY BE REQUIRED TO BE WORN IN THIS AREA
(i) For pure MDA
WHICH MAY CAUSE CANCER LIVER TOXIN
(3) Information and training.
(a) The employer shall provide employees with information
and training on MDA, in accordance with WAC ((296-62-054 through
296-62-05415)) 296-800-170, at the time of initial assignment and
at least annually thereafter.
(b) In addition to the information required under WAC
((296-62-054)) 296-800-170, the employer shall:
(i) Provide an explanation of the contents of this section, including Appendices A and B of this section, and indicate to employees where a copy of the standard is available;
(ii) Describe the medical surveillance program required under WAC 296-155-17327, and explain the information contained in Appendix C of this standard; and
(iii) Describe the medical removal provision required under WAC 296-155-17327.
(4) Access to training materials.
(a) The employer shall make readily available to all affected employees, without cost, all written materials relating to the employee training program, including a copy of this regulation.
(b) The employer shall provide to the director, upon request, all information and training materials relating to the employee information and training program.
[Statutory Authority: Chapter 49.17 RCW. 93-04-111 (Order 92-15), 296-155-17323, filed 2/3/93, effective 3/15/93.]
(a) Wrecking, demolition, or salvage of structures where cadmium or materials containing cadmium are present;
(b) Use of cadmium containing-paints and cutting, brazing, burning, grinding, or welding on surfaces that were painted with cadmium-containing paints;
(c) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain cadmium, or materials containing cadmium;
(d) Cadmium welding; cutting and welding cadmium-plated steel; brazing or welding with cadmium alloys;
(e) Installation of products containing cadmium;
(f) Electrical grounding with cadmium-welding, or electrical work using cadmium-coated conduit;
(g) Maintaining or retrofitting cadmium-coated equipment;
(h) Cadmium contamination/emergency cleanup; and
(i) Transportation, disposal, storage, or containment of cadmium or materials containing cadmium on the site or location at which construction activities are performed.
(2) Definitions.
(a) Action level (AL) is defined as an airborne concentration of cadmium of 2.5 micrograms per cubic meter of air (2.5 g/m3), calculated as an 8-hour time-weighted average (TWA).
(b) Authorized person means any person authorized by the employer and required by work duties to be present in regulated areas or any person authorized by WISHA or regulations issued under it to be in regulated areas.
(c) Competent person, in accordance with WAC 296-155-012(4), means a person designated by the employer to act on the employer's behalf who is capable of identifying existing and potential cadmium hazards in the workplace and the proper methods to control them in order to protect workers, and has the authority necessary to take prompt corrective measures to eliminate or control such hazards. The duties of a competent person include at least the following: Determining prior to the performance of work whether cadmium is present in the workplace; establishing, where necessary, regulated areas and assuring that access to and from those areas is limited to authorized employees; assuring the adequacy of any employee exposure monitoring required by this standard; assuring that all employees exposed to air cadmium levels above the PEL wear appropriate personal protective equipment and are trained in the use of appropriate methods of exposure control; assuring that proper hygiene facilities are provided and that workers are trained to use those facilities; and assuring that the engineering controls required by this standard are implemented, maintained in proper operating condition, and functioning properly.
(d) Director means the director of the department of labor and industries or authorized representative.
(e) Employee exposure and similar language referring to the air cadmium level to which an employee is exposed means the exposure to airborne cadmium that would occur if the employee were not using respiratory protective equipment.
(f) Final medical determination is the written medical opinion of the employee's health status by the examining physician under subsection (12)(c) through (l) of this section or, if multiple physician review under subsection (12)(m) of this section or the alternative physician determination under subsection (12)(n) of this section is invoked, it is the final, written medical finding, recommendation or determination that emerges from that process.
(g) High-efficiency particulate air (HEPA) filter means a filter capable of trapping and retaining at least 99.97 percent of mono-dispersed particles of 0.3 micrometers in diameter.
(h) Regulated area means an area demarcated by the employer where an employee's exposure to airborne concentrations of cadmium exceeds, or can reasonably be expected to exceed the permissible exposure limit (PEL).
(i) This section means this cadmium standard.
(3) Permissible exposure limit (PEL). The employer shall assure that no employee is exposed to an airborne concentration of cadmium in excess of five micrograms per cubic meter of air (5 g/m3), calculated as an 8-hour time-weighted average exposure (TWA).
(4) Exposure monitoring
(a) General.
(i) Prior to the performance of any construction work where employees may be potentially exposed to cadmium, the employer shall establish the applicability of this standard by determining whether cadmium is present in the workplace and whether there is the possibility that employee exposures will be at or above the action level. The employer shall designate a competent person who shall make this determination. Investigation and material testing techniques shall be used, as appropriate, in the determination. Investigation shall include a review of relevant plans, past reports, material safety data sheets, and other available records, and consultations with the property owner and discussions with appropriate individuals and agencies.
(ii) Where cadmium has been determined to be present in the workplace, and it has been determined that there is a possibility the employee's exposure will be at or above the action level, the competent person shall identify employees potentially exposed to cadmium at or above the action level.
(iii) Determinations of employee exposure shall be made from breathing-zone air samples that reflect the monitored employee's regular, daily 8-hour TWA exposure to cadmium.
(iv) Eight-hour TWA exposures shall be determined for each employee on the basis of one or more personal breathing-zone air samples reflecting full shift exposure on each shift, for each job classification, in each work area. Where several employees perform the same job tasks, in the same job classification, on the same shift, in the same work area, and the length, duration, and level of cadmium exposures are similar, an employer may sample a representative fraction of the employees instead of all employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s) expected to have the highest cadmium exposures.
(b) Specific.
(i) Initial monitoring. Except as provided for in (b)(iii) of this subsection, where a determination conducted under (a)(i) of this subsection shows the possibility of employee exposure to cadmium at or above the action level, the employer shall conduct exposure monitoring as soon as practicable that is representative of the exposure for each employee in the workplace who is or may be exposed to cadmium at or above the action level.
(ii) In addition, if the employee periodically performs tasks that may expose the employee to a higher concentration of airborne cadmium, the employee shall be monitored while performing those tasks.
(iii) Where the employer has objective data, as defined in subsection (14)(b) of this section, demonstrating that employee exposure to cadmium will not exceed airborne concentrations at or above the action level under the expected conditions of processing, use, or handling, the employer may rely upon such data instead of implementing initial monitoring.
(iv) Where a determination conducted under (a) or (b) of this subsection is made that a potentially exposed employee is not exposed to airborne concentrations of cadmium at or above the action level, the employer shall make a written record of such determination. The record shall include at least the monitoring data developed under (b)(i) through (iii) of this subsection, where applicable, and shall also include the date of determination, and the name and Social Security number of each employee.
(c) Monitoring frequency (periodic monitoring).
(i) If the initial monitoring or periodic monitoring reveals employee exposures to be at or above the action level, the employer shall monitor at a frequency and pattern needed to assure that the monitoring results reflect with reasonable accuracy the employee's typical exposure levels, given the variability in the tasks performed, work practices, and environmental conditions on the job site, and to assure the adequacy of respiratory selection and the effectiveness of engineering and work practice controls.
(ii) If the initial monitoring or the periodic monitoring indicates that employee exposures are below the action level and that result is confirmed by the results of another monitoring taken at least seven days later, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.
(d) Additional monitoring. The employer also shall institute the exposure monitoring required under (b)(i) and (c) of this subsection whenever there has been a change in the raw materials, equipment, personnel, work practices, or finished products that may result in additional employees being exposed to cadmium at or above the action level or in employees already exposed to cadmium at or above the action level being exposed above the PEL, or whenever the employer or competent person has any reason to suspect that any other change might result in such further exposure.
(e) Employee notification of monitoring results.
(i) No later than five working days after the receipt of the results of any monitoring performed under this section, the employer shall notify each affected employee individually in writing of the results. In addition, within the same time period, the employer shall post the results of the exposure monitoring in an appropriate location that is accessible to all affected employees.
(ii) Wherever monitoring results indicate that employee exposure exceeds the PEL, the employer shall include in the written notice a statement that the PEL has been exceeded and a description of the corrective action being taken by the employer to reduce employee exposure to or below the PEL.
(f) Accuracy of measurement. The employer shall use a method of monitoring and analysis that has an accuracy of not less than plus or minus 25 percent ( 25%), with a confidence level of 95 percent, for airborne concentrations of cadmium at or above the action level and the permissible exposure limit.
(5) Regulated areas.
(a) Establishment. The employer shall establish a regulated area wherever an employee's exposure to airborne concentrations of cadmium is, or can reasonably be expected to be in excess of the permissible exposure limit (PEL).
(b) Demarcation. Regulated areas shall be demarcated from the rest of the workplace in any manner that adequately establishes and alerts employees of the boundaries of the regulated area, including employees who are or may be incidentally in the regulated areas, and that protects persons outside the area from exposure to airborne concentrations of cadmium in excess of the PEL.
(c) Access. Access to regulated areas shall be limited to authorized persons.
(d) Provision of respirators. Each person entering a regulated area shall be supplied with and required to use a respirator, selected in accordance with subsection (7)(b) of this section.
(e) Prohibited activities. The employer shall assure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas, or carry the products associated with any of these activities into regulated areas or store such products in those areas.
(6) Methods of compliance.
(a) Compliance hierarchy.
(i) Except as specified in (a)(ii) of this subsection, the employer shall implement engineering and work practice controls to reduce and maintain employee exposure to cadmium at or below the PEL, except to the extent that the employer can demonstrate that such controls are not feasible.
(ii) The requirement to implement engineering controls to achieve the PEL does not apply where the employer demonstrates the following:
(A) The employee is only intermittently exposed; and
(B) The employee is not exposed above the PEL on 30 or more days per year (12 consecutive months).
(iii) Wherever engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer nonetheless shall implement such controls to reduce exposures to the lowest levels achievable. The employer shall supplement such controls with respiratory protection that complies with the requirements of subsection (7) of this section and the PEL.
(iv) The employer shall not use employee rotation as a method of compliance.
(b) Specific operations.
(i) Abrasive blasting. Abrasive blasting on cadmium or cadmium-containing materials shall be conducted in a manner that will provide adequate protection.
(ii) Heating cadmium and cadmium-containing materials. Welding, cutting, and other forms of heating of cadmium or cadmium-containing materials shall be conducted in accordance with the requirements of WAC 296-155-415 and 296-155-420, where applicable.
(c) Prohibitions.
(i) High speed abrasive disc saws and similar abrasive power equipment shall not be used for work on cadmium or cadmium-containing materials unless they are equipped with appropriate engineering controls to minimize emissions, if the exposure levels are above the PEL.
(ii) Materials containing cadmium shall not be applied by spray methods, if exposures are above the PEL, unless employees are protected with supplied-air respirators with full facepiece, hood, helmet, suit, operated in positive pressure mode and measures are instituted to limit overspray and prevent contamination of adjacent areas.
(d) Mechanical ventilation.
(i) When ventilation is used to control exposure, measurements that demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made as necessary to maintain its effectiveness.
(ii) Measurements of the system's effectiveness in controlling exposure shall be made as necessary within five working days of any change in production, process, or control that might result in a significant increase in employee exposure to cadmium.
(iii) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the system shall have a high efficiency filter and be monitored to assure effectiveness.
(iv) Procedures shall be developed and implemented to minimize employee exposure to cadmium when maintenance of ventilation systems and changing of filters is being conducted.
(e) Compliance program.
(i) Where employee exposure to cadmium exceeds the PEL and the employer is required under (a) of this subsection to implement controls to comply with the PEL, prior to the commencement of the job the employer shall establish and implement a written compliance program to reduce employee exposure to or below the PEL. To the extent that engineering and work practice controls cannot reduce exposures to or below the PEL, the employer shall include in the written compliance program the use of appropriate respiratory protection to achieve compliance with the PEL.
(ii) Written compliance programs shall be reviewed and updated as often and as promptly as necessary to reflect significant changes in the employer's compliance status or significant changes in the lowest air cadmium level that is technologically feasible.
(iii) A competent person shall review the comprehensive compliance program initially and after each change.
(iv) Written compliance programs shall be provided upon request for examination and copying to the director, or authorized representatives, affected employees, and designated employee representatives.
(7) Respirator protection.
(a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this section. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls when employee exposures exceed the PEL.
(ii) Maintenance and repair activities, and brief or intermittent operations, for which employee exposures exceed the PEL and engineering and work-practice controls are not feasible or are not required.
(iii) Work operations in regulated areas specified in subsection (5) of this section.
(iv) Work operations for which the employer has implemented all feasible engineering and work-practice controls, and such controls are not sufficient to reduce exposures to or below the PEL.
(v) Emergencies.
(vi) Work operations for which an employee, who is exposed to cadmium at or above the action level, requests a respirator.
(vii) Work operations for which engineering controls are not required under (a)(ii) of this subsection to reduce employee exposures that exceed the PEL.
(b) Respirator program.
(i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and WAC 296-62-07150 through WAC 296-62-07156).
(ii) If an employee has breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination as required by subsection (12)(f)(ii) of this section to determine if the employee can use a respirator while performing the required duties.
(iii) No employees must use a respirator when, based on their recent medical examination, the examining physician determines that the employee will be unable to continue to function normally while using a respirator. If the physician determines the employee must be limited in, or removed from, their current job because of the employee's inability to use a respirator, the job limitation or removal must be conducted as required by (k) and (l) of this subsection.
(c) Respirator selection.
(i) The employer must select the appropriate respirator from Table 1 of this section.
| Airborne concentration
or condition of use a |
Required respirator typeb |
| 10 x or less | A half-mask, air-purifying respirator equipped with a HEPAc filter.d |
| 25 x or less | A powered air-purifying respirator ("PAPR") with a loose-fitting hood or helmet equipped with a HEPA filter, or a supplied-air respirator with a loose-fitting hood or helmet facepiece operated in the continuous flow mode. |
| 50 x or less | A full facepiece air-purifying respirator equipped with a HEPA filter, or a powered air-purifying respirator with a tight-fitting half-mask equipped with a HEPA filter, or a supplied air respirator with a tight-fitting half-mask operated in the continuous flow mode. |
| 250 x or less | A powered air-purifying respirator with a tight-fitting full facepiece equipped with a HEPA filter, or a supplied-air respirator with a tight-fitting full facepiece operated in the continuous flow mode. |
| 1000 x or less | A supplied-air respirator with half-mask or full facepiece operated in the pressure demand or other positive pressure mode. |
| >1000 x or unknown concentrations |
A self-contained breathing apparatus with a full facepiece operated in the pressure demand or other positive pressure mode, or a supplied-air respirator with a full facepiece operated in the pressure demand or other positive pressure mode and equipped with an auxiliary escape type self-contained breathing apparatus operated in the pressure demand mode. |
| Fire fighting | A self-contained breathing apparatus with full facepiece operated in the pressure demand or other positive pressure mode. |
| Note: | aConcentrations expressed as multiple of the PEL. |
| b | Respirators assigned for higher environmental concentrations may be used at lower exposure levels. Quantitative fit testing is required for all tight-fitting air purifying respirators where airborne concentration of cadmium exceeds 10 times the TWA PEL (10 x 5 g/m3= 50 g/m3). A full facepiece respirator is required when eye irritation is experienced. |
| c | HEPA means High Efficiency Particulate Air. |
| d | Fit testing, qualitative or quantitative, is required. |
| Source: Respiratory Decision Logic, NIOSH, 1987. |
(8) Emergency situations. The employer shall develop and implement a written plan for dealing with emergency situations involving substantial releases of airborne cadmium. The plan shall include provisions for the use of appropriate respirators and personal protective equipment. In addition, employees not essential to correcting the emergency situation shall be restricted from the area and normal operations halted in that area until the emergency is abated.
(9) Protective work clothing and equipment
(a) Provision and use. If an employee is exposed to airborne cadmium above the PEL or where skin or eye irritation is associated with cadmium exposure at any level, the employer shall provide at no cost to the employee, and assure that the employee uses, appropriate protective work clothing and equipment that prevents contamination of the employee and the employee's garments. Protective work clothing and equipment includes, but is not limited to:
(i) Coveralls or similar full-body work clothing;
(ii) Gloves, head coverings, and boots or foot coverings; and
(iii) Face shields, vented goggles, or other appropriate protective equipment that complies with WAC 296-155-215.
(b) Removal and storage.
(i) The employer shall assure that employees remove all protective clothing and equipment contaminated with cadmium at the completion of the work shift and do so only in change rooms provided in accordance with subsection (10)(a) of this section.
(ii) The employer shall assure that no employee takes cadmium-contaminated protective clothing or equipment from the workplace, except for employees authorized to do so for purposes of laundering, cleaning, maintaining, or disposing of cadmium-contaminated protective clothing and equipment at an appropriate location or facility away from the workplace.
(iii) The employer shall assure that contaminated protective clothing and equipment, when removed for laundering, cleaning, maintenance, or disposal, is placed and stored in sealed, impermeable bags or other closed, impermeable containers that are designed to prevent dispersion of cadmium dust.
(iv) The employer shall assure that containers of contaminated protective clothing and equipment that are to be taken out of the change rooms or the workplace for laundering, cleaning, maintenance or disposal shall bear labels in accordance with subsection (13)(c) of this section.
(c) Cleaning, replacement, and disposal.
(i) The employer shall provide the protective clothing and equipment required by (a) of this subsection in a clean and dry condition as often as necessary to maintain its effectiveness, but in any event at least weekly. The employer is responsible for cleaning and laundering the protective clothing and equipment required by this subsection to maintain its effectiveness and is also responsible for disposing of such clothing and equipment.
(ii) The employer also is responsible for repairing or replacing required protective clothing and equipment as needed to maintain its effectiveness. When rips or tears are detected while an employee is working they shall be immediately mended, or the worksuit shall be immediately replaced.
(iii) The employer shall prohibit the removal of cadmium from protective clothing and equipment by blowing, shaking, or any other means that disperses cadmium into the air.
(iv) The employer shall assure that any laundering of contaminated clothing or cleaning of contaminated equipment in the workplace is done in a manner that prevents the release of airborne cadmium in excess of the permissible exposure limit prescribed in subsection (3) of this section.
(v) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with cadmium of the potentially harmful effects of exposure to cadmium, and that the clothing and equipment should be laundered or cleaned in a manner to effectively prevent the release of airborne cadmium in excess of the PEL.
(10) Hygiene areas and practices.
(a) General. For employees whose airborne exposure to cadmium is above the PEL, the employer shall provide clean change rooms, handwashing facilities, showers, and lunchroom facilities that comply with WAC 296-155-140.
(b) Change rooms. The employer shall assure that change rooms are equipped with separate storage facilities for street clothes and for protective clothing and equipment, which are designed to prevent dispersion of cadmium and contamination of the employee's street clothes.
(c) Showers and handwashing facilities.
(i) The employer shall assure that employees whose airborne exposure to cadmium is above the PEL shower during the end of the work shift.
(ii) The employer shall assure that employees who are exposed to cadmium above the PEL wash their hands and faces prior to eating, drinking, smoking, chewing tobacco or gum, or applying cosmetics.
(d) Lunchroom facilities.
(i) The employer shall assure that the lunchroom facilities are readily accessible to employees, that tables for eating are maintained free of cadmium, and that no employee in a lunchroom facility is exposed at any time to cadmium at or above a concentration of 2.5 g/m3.
(ii) The employer shall assure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface cadmium has been removed from the clothing and equipment by HEPA vacuuming or some other method that removes cadmium dust without dispersing it.
(11) Housekeeping.
(a) All surfaces shall be maintained as free as practicable of accumulations of cadmium.
(b) All spills and sudden releases of material containing cadmium shall be cleaned up as soon as possible.
(c) Surfaces contaminated with cadmium shall, wherever possible, be cleaned by vacuuming or other methods that minimize the likelihood of cadmium becoming airborne.
(d) HEPA-filtered vacuuming equipment or equally effective filtration methods shall be used for vacuuming. The equipment shall be used and emptied in a manner that minimizes the reentry of cadmium into the workplace.
(e) Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other methods that minimize the likelihood of cadmium becoming airborne have been tried and found not to be effective.
(f) Compressed air shall not be used to remove cadmium from any surface unless the compressed air is used in conjunction with a ventilation system designed to capture the dust cloud created by the compressed air.
(g) Waste, scrap, debris, bags, containers, personal protective equipment, and clothing contaminated with cadmium and consigned for disposal shall be collected and disposed of in sealed impermeable bags or other closed, impermeable containers. These bags and containers shall be labeled in accordance with subsection (13)(b) of this section.
(12) Medical surveillance.
(a) General.
(i) Scope.
(A) Currently exposed -- The employer shall institute a medical surveillance program for all employees who are or may be exposed at or above the action level and all employees who perform the following tasks, operations, or jobs: Electrical grounding with cadmium-welding; cutting, brazing, burning, grinding, or welding on surfaces that were painted with cadmium-containing paints; electrical work using cadmium-coated conduit; use of cadmium containing paints; cutting and welding cadmium-plated steel; brazing or welding with cadmium alloys; fusing of reinforced steel by cadmium welding; maintaining or retrofitting cadmium-coated equipment; and, wrecking and demolition where cadmium is present. A medical surveillance program will not be required if the employer demonstrates that the employee:
(I) Is not currently exposed by the employer to airborne concentrations of cadmium at or above the action level on 30 or more days per year (twelve consecutive months); and
(II) Is not currently exposed by the employer in those tasks on 30 or more days per year (twelve consecutive months).
(B) Previously exposed -- The employer shall also institute a medical surveillance program for all employees who might previously have been exposed to cadmium by the employer prior to the effective date of this section in tasks specified under (a)(i)(A) of this subsection, unless the employer demonstrates that the employee did not in the years prior to the effective date of this section work in those tasks for the employer with exposure to cadmium for an aggregated total of more than 12 months.
(ii) To determine an employee's fitness for using a respirator, the employer shall provide the limited medical examination specified in (f) of this subsection.
(iii) The employer shall assure that all medical examinations and procedures required by this section are performed by or under the supervision of a licensed physician, who has read and is familiar with the health effects WAC 296-62-07441, Appendix A, the regulatory text of this section, the protocol for sample handling and lab selection in WAC 296-62-07451, Appendix F, and the questionnaire of WAC 296-62-07447, Appendix D.
(iv) The employer shall provide the medical surveillance required by this section, including multiple physician review under (m) of this subsection without cost to employees, and at a time and place that is reasonable and convenient to employees.
(v) The employer shall assure that the collecting and handling of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (B2-M) taken from employees under this section is done in a manner that assures their reliability and that analysis of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (B2-M) taken from employees under this section is performed in laboratories with demonstrated proficiency to perform the particular analysis. (See WAC 296-62-07451, Appendix F.)
(b) Initial examination.
(i) For employees covered by medical surveillance under (a)(i) of this subsection, the employer shall provide an initial medical examination. The examination shall be provided to those employees within 30 days after initial assignment to a job with exposure to cadmium or no later than 90 days after the effective date of this section, whichever date is later.
(ii) The initial medical examination shall include:
(A) A detailed medical and work history, with emphasis on: Past, present, and anticipated future exposure to cadmium; any history of renal, cardiovascular, respiratory, hematopoietic, reproductive, and/or musculo-skeletal system dysfunction; current usage of medication with potential nephrotoxic side-effects; and smoking history and current status; and
(B) Biological monitoring that includes the following tests:
(I) Cadmium in urine (CdU), standardized to grams of creatinine (g/Cr);
(II) Beta-2 microglobulin in urine (B2-M), standardized to grams of creatinine (g/Cr), with pH specified, as described in WAC 296-62-07451, Appendix F; and
(III) Cadmium in blood (CdB), standardized to liters of whole blood (lwb).
(iii) Recent examination: An initial examination is not required to be provided if adequate records show that the employee has been examined in accordance with the requirements of (b)(ii) of this subsection within the past 12 months. In that case, such records shall be maintained as part of the employee's medical record and the prior exam shall be treated as if it were an initial examination for the purposes of (c) and (d) of this subsection.
(c) Actions triggered by initial biological monitoring.
(i) If the results of the biological monitoring tests in the initial examination show the employee's CdU level to be at or below 3 g/g Cr, B2-M level to be at or below 300 g/g Cr and CdB level to be at or below 5 g/lwb, then:
(A) For employees who are subject to medical surveillance under (a)(i)(A) of this subsection because of current or anticipated exposure to cadmium, the employer shall provide the minimum level of periodic medical surveillance in accordance with the requirements in (d)(i) of this subsection; and
(B) For employees who are subject to medical surveillance under (a)(i)(B) of this subsection because of prior but not current exposure, the employer shall provide biological monitoring for CdU, B2-M, and CdB one year after the initial biological monitoring and then the employer shall comply with the requirements of (d)(vi) of this subsection.
(ii) For all employees who are subject to medical surveillance under (a)(i) of this subsection, if the results of the initial biological monitoring tests show the level of CdU to exceed 3 g/g Cr, the level of B2-M to be in excess of 300 g/g Cr, or the level of CdB to be in excess of 5 g/lwb, the employer shall:
(A) Within two weeks after receipt of biological monitoring results, reassess the employee's occupational exposure to cadmium as follows:
(I) Reassess the employee's work practices and personal hygiene;
(II) Reevaluate the employee's respirator use, if any, and the respirator program;
(III) Review the hygiene facilities;
(IV) Reevaluate the maintenance and effectiveness of the relevant engineering controls;
(V) Assess the employee's smoking history and status;
(B) Within 30 days after the exposure reassessment, specified in (c)(ii)(A) of this subsection, take reasonable steps to correct any deficiencies found in the reassessment that may be responsible for the employee's excess exposure to cadmium; and
(C) Within 90 days after receipt of biological monitoring results, provide a full medical examination to the employee in accordance with the requirements of (d)(ii) of this subsection. After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. If the physician determines that medical removal is not necessary, then until the employee's CdU level falls to or below 3 g/g Cr, B2-M level falls to or below 300 g/g Cr and CdB level falls to or below 5 g/lwb, the employer shall:
(I) Provide biological monitoring in accordance with (b)(ii)(B) of this subsection on a semiannual basis; and
(II) Provide annual medical examinations in accordance with (d)(ii) of this subsection.
(iii) For all employees who are subject to medical surveillance under (a)(i) of this subsection, if the results of the initial biological monitoring tests show the level of CdU to be in excess of 15 g/g Cr, or the level of CdB to be in excess of 15 g/lwb, or the level of B2-M to be in excess of 1,500 g/g Cr, the employer shall comply with the requirements of (c)(ii)(A) and (B) of this subsection. Within 90 days after receipt of biological monitoring results, the employer shall provide a full medical examination to the employee in accordance with the requirements of (d)(ii) of this subsection. After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. However, if the initial biological monitoring results and the biological monitoring results obtained during the medical examination both show that: CdU exceeds 15 g/g Cr; or CdB exceeds 15 g/lwb; or B2-M exceeds 1500 /g Cr, and in addition CdU exceeds 3 g/g Cr or CdB exceeds 5 g/liter of whole blood, then the physician shall medically remove the employee from exposure to cadmium at or above the action level. If the second set of biological monitoring results obtained during the medical examination does not show that a mandatory removal trigger level has been exceeded, then the employee is not required to be removed by the mandatory provisions of this section. If the employee is not required to be removed by the mandatory provisions of this section or by the physician's determination, then until the employee's CdU level falls to or below 3 g/g Cr, B2-M level falls to or below 300 g/g Cr and CdB level falls to or below 5 g/lwb, the employer shall:
(A) Periodically reassess the employee's occupational exposure to cadmium;
(B) Provide biological monitoring in accordance with (b)(ii)(B) of this subsection on a quarterly basis; and
(C) Provide semiannual medical examinations in accordance with (d)(ii) of this subsection.
(iv) For all employees to whom medical surveillance is provided, beginning on January 1, 1999, and in lieu of (c)(iii) of this subsection, whenever the results of initial biological monitoring tests show the employee's CdU level to be in excess of 7 g/g Cr, or B2-M level to be in excess of 750 g/g Cr, or CdB level to be in excess of 10 g/lwb, the employer shall comply with the requirements of (c)(ii)(A) and (B) of this subsection. Within 90 days after receipt of biological monitoring results, the employer shall provide a full medical examination to the employee in accordance with the requirements of (d)(ii) of this subsection. After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. However, if the initial biological monitoring results and the biological monitoring results obtained during the medical examination both show that: CdU exceeds 7 g/g Cr; or CdB exceeds 10 g/lwb; or B2-M exceeds 750 g/g Cr, and in addition CdU exceeds 3 g/g Cr or CdB exceeds 5 g/liter of whole blood, then the physician shall medically remove the employee from exposure to cadmium at or above the action level. If the second set of biological monitoring results obtained during the medical examination does not show that a mandatory removal trigger level has been exceeded, then the employee is not required to be removed by the mandatory provisions of this section. If the employee is not required to be removed by the mandatory provisions of this section or by the physician's determination, then until the employee's CdU level falls to or below 3 g/g Cr, B2-M level falls to or below 300 g/g Cr and CdB level falls to or below 5 g/lwb, the employer shall:
(A) Periodically reassess the employee's occupational exposure to cadmium;
(B) Provide biological monitoring in accordance with (b)(ii)(B) of this subsection on a quarterly basis; and
(C) Provide semiannual medical examinations in accordance with (d)(ii) of this subsection.
(d) Periodic medical surveillance.
(i) For each employee who is covered by medical surveillance under (a)(i)(A) of this subsection because of current or anticipated exposure to cadmium, the employer shall provide at least the minimum level of periodic medical surveillance, which consists of periodic medical examinations and periodic biological monitoring. A periodic medical examination shall be provided within one year after the initial examination required by (b) of this subsection and thereafter at least biennially. Biological sampling shall be provided at least annually either as part of a periodic medical examination or separately as periodic biological monitoring.
(ii) The periodic medical examination shall include:
(A) A detailed medical and work history, or update thereof, with emphasis on: Past, present, and anticipated future exposure to cadmium; smoking history and current status; reproductive history; current use of medications with potential nephrotoxic side-effects; any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal system dysfunction; and as part of the medical and work history, for employees who wear respirators, questions 3 through 11 and 25 through 32 in WAC 296-62-07447, Appendix D;
(B) A complete physical examination with emphasis on: Blood pressure, the respiratory system, and the urinary system;
(C) A 14 inch by 17 inch, or a reasonably standard sized posterior-anterior chest x-ray (after the initial x-ray, the frequency of chest x-rays is to be determined by the examining physician);
(D) Pulmonary function tests, including forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV1);
(E) Biological monitoring, as required in (b)(ii)(B) of this subsection;
(F) Blood analysis, in addition to the analysis required under (b)(ii)(B) of this subsection, including blood urea nitrogen, complete blood count, and serum creatinine;
(G) Urinalysis, in addition to the analysis required under (b)(ii)(B) of this subsection, including the determination of albumin, glucose, and total and low molecular weight proteins;
(H) For males over 40 years old, prostate palpation, or other at least as effective diagnostic test(s); and
(I) Any additional tests or procedures deemed appropriate by the examining physician.
(iii) Periodic biological monitoring shall be provided in accordance with (b)(ii)(B) of this subsection.
(iv) If the results of periodic biological monitoring or the results of biological monitoring performed as part of the periodic medical examination show the level of the employee's CdU, B2-M, or CdB to be in excess of the levels specified in (c)(ii) and (iii) of this subsection; or, beginning on January 1, 1999, in excess of the levels specified in (c)(ii) or (iv) of this subsection, the employer shall take the appropriate actions specified in (c)(ii) through (iv) of this subsection, respectively.
(v) For previously exposed employees under (a)(i)(B) of this subsection:
(A) If the employee's levels of CdU did not exceed 3 g/g Cr, CdB did not exceed 5 g/lwb, and B2-M did not exceed 300 g/g Cr in the initial biological monitoring tests, and if the results of the follow-up biological monitoring required by (c)(i)(B) of this subsection one year after the initial examination confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.
(B) If the initial biological monitoring results for CdU, CdB, or B2-M were in excess of the levels specified in (c)(i) of this subsection, but subsequent biological monitoring results required by (c)(ii) through (iv) of this subsection show that the employee's CdU levels no longer exceed 3 g/g Cr, CdB levels no longer exceed 5 g/lwb, and B2-M levels no longer exceed 300 g/g Cr, the employer shall provide biological monitoring for CdU, CdB, and B2-M one year after these most recent biological monitoring results. If the results of the follow-up biological monitoring specified in this section, confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.
(C) However, if the results of the follow-up tests specified in (d)(v)(A) or (B) of this subsection indicate that the level of the employee's CdU, B2-M, or CdB exceeds these same levels, the employer is required to provide annual medical examinations in accordance with the provisions of (d)(ii) of this subsection until the results of biological monitoring are consistently below these levels or the examining physician determines in a written medical opinion that further medical surveillance is not required to protect the employee's health.
(vi) A routine, biennial medical examination is not required to be provided in accordance with (c)(i) and (d) of this subsection if adequate medical records show that the employee has been examined in accordance with the requirements of (d)(ii) of this subsection within the past 12 months. In that case, such records shall be maintained by the employer as part of the employee's medical record, and the next routine, periodic medical examination shall be made available to the employee within two years of the previous examination.
(e) Actions triggered by medical examinations. If the results of a medical examination carried out in accordance with this section indicate any laboratory or clinical finding consistent with cadmium toxicity that does not require employer action under (b), (c), or (d) of this subsection, the employer shall take the following steps and continue to take them until the physician determines that they are no longer necessary.
(i) Periodically reassess: The employee's work practices and personal hygiene; the employee's respirator use, if any; the employee's smoking history and status; the respiratory protection program; the hygiene facilities; the maintenance and effectiveness of the relevant engineering controls; and take all reasonable steps to correct the deficiencies found in the reassessment that may be responsible for the employee's excess exposure to cadmium.
(ii) Provide semiannual medical reexaminations to evaluate the abnormal clinical sign(s) of cadmium toxicity until the results are normal or the employee is medically removed; and
(iii) Where the results of tests for total proteins in urine are abnormal, provide a more detailed medical evaluation of the toxic effects of cadmium on the employee's renal system.
(f) Examination for respirator use.
(i) To determine an employee's fitness for respirator use, the employer shall provide a medical examination that includes the elements specified in (f)(i)(A) through (D) of this subsection. This examination shall be provided prior to the employee's being assigned to a job that requires the use of a respirator or no later than 90 days after this section goes into effect, whichever date is later, to any employee without a medical examination within the preceding 12 months that satisfies the requirements of this section.
(A) A detailed medical and work history, or update thereof, with emphasis on: Past exposure to cadmium; smoking history and current status; any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal system dysfunction; a description of the job for which the respirator is required; and questions 3 through 11 and 25 through 32 in WAC 296-62-07447, Appendix D;
(B) A blood pressure test;
(C) Biological monitoring of the employee's levels of CdU, CdB and B2-M in accordance with the requirements of (b)(ii)(B) of this subsection, unless such results already have been obtained within the twelve months; and
(D) Any other test or procedure that the examining physician deems appropriate.
(ii) After reviewing all the information obtained from the medical examination required in (f)(i) of this subsection, the physician shall determine whether the employee is fit to wear a respirator.
(iii) Whenever an employee has exhibited difficulty in breathing during a respirator fit test or during use of a respirator, the employer, as soon as possible, shall provide the employee with a periodic medical examination in accordance with (d)(ii) of this subsection to determine the employee's fitness to wear a respirator.
(iv) Where the results of the examination required under (f)(i), (ii), or (iii) of this subsection are abnormal, medical limitation or prohibition of respirator use shall be considered. If the employee is allowed to wear a respirator, the employee's ability to continue to do so shall be periodically evaluated by a physician.
(g) Emergency examinations.
(i) In addition to the medical surveillance required in (b) through (f) of this subsection, the employer shall provide a medical examination as soon as possible to any employee who may have been acutely exposed to cadmium because of an emergency.
(ii) The examination shall include the requirements of (d)(ii), of this subsection, with emphasis on the respiratory system, other organ systems considered appropriate by the examining physician, and symptoms of acute overexposure, as identified in Appendix A, WAC 296-62-07441 (2)(b)(i) and (ii) and (4).
(h) Termination of employment examination.
(i) At termination of employment, the employer shall provide a medical examination in accordance with (d)(ii) of this subsection, including a chest x-ray where necessary, to any employee to whom at any prior time the employer was required to provide medical surveillance under (a)(i) or (g) of this subsection. However, if the last examination satisfied the requirements of (d)(ii) of this subsection and was less than six months prior to the date of termination, no further examination is required unless otherwise specified in (c) or (e) of this subsection;
(ii) In addition, if the employer has discontinued all periodic medical surveillance under (d)(v) of this subsection, no termination of employment medical examination is required.
(i) Information provided to the physician. The employer shall provide the following information to the examining physician:
(i) A copy of this standard and appendices;
(ii) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to cadmium;
(iii) The employee's former, current, and anticipated future levels of occupational exposure to cadmium;
(iv) A description of any personal protective equipment, including respirators, used or to be used by the employee, including when and for how long the employee has used that equipment; and
(v) Relevant results of previous biological monitoring and medical examinations.
(j) Physician's written medical opinion.
(i) The employer shall promptly obtain a written, signed, medical opinion from the examining physician for each medical examination performed on each employee. This written opinion shall contain:
(A) The physician's diagnosis for the employee;
(B) The physician's opinion as to whether the employee has any detected medical condition(s) that would place the employee at increased risk of material impairment to health from further exposure to cadmium, including any indications of potential cadmium toxicity;
(C) The results of any biological or other testing or related evaluations that directly assess the employee's absorption of cadmium;
(D) Any recommended removal from, or limitation on the activities or duties of the employee or on the employee's use of personal protective equipment, such as respirators;
(E) A statement that the physician has clearly and carefully explained to the employee the results of the medical examination, including all biological monitoring results and any medical conditions related to cadmium exposure that require further evaluation or treatment, and any limitation on the employee's diet or use of medications.
(ii) The employer shall promptly obtain a copy of the results of any biological monitoring provided by an employer to an employee independently of a medical examination under (b) and (d) of this subsection, and, in lieu of a written medical opinion, an explanation sheet explaining those results.
(iii) The employer shall instruct the physician not to reveal orally or in the written medical opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to cadmium.
(k) Medical removal protection (MRP).
(i) General.
(A) The employer shall temporarily remove an employee from work where there is excess exposure to cadmium on each occasion that medical removal is required under (c), (d), or (f) of this subsection and on each occasion that a physician determines in a written medical opinion that the employee should be removed from such exposure. The physician's determination may be based on biological monitoring results, inability to wear a respirator, evidence of illness, other signs or symptoms of cadmium-related dysfunction or disease, or any other reason deemed medically sufficient by the physician.
(B) The employer shall medically remove an employee in accordance with (k) of this subsection regardless of whether at the time of removal a job is available into which the removed employee may be transferred.
(C) Whenever an employee is medically removed under (k) of this subsection, the employer shall transfer the removed employee to a job where the exposure to cadmium is within the permissible levels specified in subsection (12) of this section as soon as one becomes available.
(D) For any employee who is medically removed under the provisions of (k)(i) of this subsection, the employer shall provide follow-up medical examinations semiannually until, in a written medical opinion, the examining physician determines that either the employee may be returned to his/her former job status or the employee must be permanently removed from excess cadmium exposure.
(E) The employer may not return an employee who has been medically removed for any reason to his/her former job status until a physician determines in a written medical opinion that continued medical removal is no longer necessary to protect the employee's health.
(ii) Where an employee is found unfit to wear a respirator under (f)(ii) of this subsection, the employer shall remove the employee from work where exposure to cadmium is above the PEL.
(iii) Where removal is based upon any reason other than the employee's inability to wear a respirator, the employer shall remove the employee from work where exposure to cadmium is at or above the action level.
(iv) Except as specified in (k)(v) of this subsection, no employee who was removed because his/her level of CdU, CdB and/or B2-M exceeded the trigger levels in (c) or (d) of this subsection may be returned to work with exposure to cadmium at or above the action level until the employee's levels of CdU fall to or below 3 g/g Cr, CdB fall to or below 5 g/lwb, and B2-M fall to or below 300 g/g Cr.
(v) However, when in the examining physician's opinion continued exposure to cadmium will not pose an increased risk to the employee's health and there are special circumstances that make continued medical removal an inappropriate remedy, the physician shall fully discuss these matters with the employee, and then in a written determination may return a worker to his/her former job status despite what would otherwise be unacceptably high biological monitoring results. Thereafter and until such time as the employee's biological monitoring results have decreased to levels where he/she could have been returned to his/her former job status, the returned employee shall continue medical surveillance as if he/she were still on medical removal. Until such time, the employee is no longer subject to mandatory medical removal. Subsequent questions regarding the employee's medical removal shall be decided solely by a final medical determination.
(vi) Where an employer, although not required by this section to do so, removes an employee from exposure to cadmium or otherwise places limitations on an employee due to the effects of cadmium exposure on the employee's medical condition, the employer shall provide the same medical removal protection benefits to that employee under (l) of this subsection as would have been provided had the removal been required under (k) of this subsection.
(l) Medical removal protection benefits.
(i) The employer shall provide medical removal protection benefits to an employee for up to a maximum of 18 months each time, and while the employee is temporarily medically removed under (k) of this subsection.
(ii) For purposes of this section, the requirement that the employer provide medical removal protection benefits means that the employer shall maintain the total normal earnings, seniority, and all other employee rights and benefits of the removed employee, including the employee's right to his/her former job status, as if the employee had not been removed from the employee's job or otherwise medically limited.
(iii) Where, after 18 months on medical removal because of elevated biological monitoring results, the employee's monitoring results have not declined to a low enough level to permit the employee to be returned to his/her former job status:
(A) The employer shall make available to the employee a medical examination pursuant to this section in order to obtain a final medical determination as to whether the employee may be returned to his/her former job status or must be permanently removed from excess cadmium exposure; and
(B) The employer shall assure that the final medical determination indicates whether the employee may be returned to his/her former job status and what steps, if any, should be taken to protect the employee's health.
(iv) The employer may condition the provision of medical removal protection benefits upon the employee's participation in medical surveillance provided in accordance with this section.
(m) Multiple physician review.
(i) If the employer selects the initial physician to conduct any medical examination or consultation provided to an employee under this section, the employee may designate a second physician to:
(A) Review any findings, determinations, or recommendations of the initial physician; and
(B) Conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.
(ii) The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician provided by the employer conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, multiple physician review upon the employee doing the following within fifteen (15) days after receipt of this notice, or receipt of the initial physician's written opinion, whichever is later:
(A) Informing the employer that he or she intends to seek a medical opinion; and
(B) Initiating steps to make an appointment with a second physician.
(iii) If the findings, determinations, or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve any disagreement.
(iv) If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee, through their respective physicians, shall designate a third physician to:
(A) Review any findings, determinations, or recommendations of the other two physicians; and
(B) Conduct such examinations, consultations, laboratory tests, and discussions with the other two physicians as the third physician deems necessary to resolve the disagreement among them.
(v) The employer shall act consistently with the findings, determinations, and recommendations of the third physician, unless the employer and the employee reach an agreement that is consistent with the recommendations of at least one of the other two physicians.
(n) Alternate physician determination. The employer and an employee or designated employee representative may agree upon the use of any alternate form of physician determination in lieu of the multiple physician review provided by (m) of this subsection, so long as the alternative is expeditious and at least as protective of the employee.
(o) Information the employer must provide the employee.
(i) The employer shall provide a copy of the physician's written medical opinion to the examined employee within five working days after receipt thereof.
(ii) The employer shall provide the employee with a copy of the employee's biological monitoring results and an explanation sheet explaining the results within five working days after receipt thereof.
(iii) Within 30 days after a request by an employee, the employer shall provide the employee with the information the employer is required to provide the examining physician under (i) of this subsection.
(p) Reporting. In addition to other medical events that are required to be reported on the OSHA Form No. 200, the employer shall report any abnormal condition or disorder caused by occupational exposure to cadmium associated with employment as specified in Chapter (V)(E) of the Bureau of Labor Statistics Recordkeeping Guidelines for Occupational Injuries and Illnesses.
(13) Communication of cadmium hazards to employees
(a) General. In communications concerning cadmium hazards, employers shall comply with the requirements of WISHA's Hazard Communication Standard, chapter 296-62 WAC, Part C, including but not limited to the requirements concerning warning signs and labels, material safety data sheets (MSDS), and employee information and training. In addition, employers shall comply with the following requirements:
(b) Warning signs.
(i) Warning signs shall be provided and displayed in regulated areas. In addition, warning signs shall be posted at all approaches to regulated areas so that an employee may read the signs and take necessary protective steps before entering the area.
(ii) Warning signs required by (b)(i) of this subsection
shall bear the following information:
(c) Warning labels.
(i) Shipping and storage containers containing cadmium, cadmium compounds, or cadmium contaminated clothing, equipment, waste, scrap, or debris shall bear appropriate warning labels, as specified in (c)(ii) of this subsection.
(ii) The warning labels shall include at least the following
information:
(d) Employee information and training.
(i) The employer shall institute a training program for all employees who are potentially exposed to cadmium, assure employee participation in the program, and maintain a record of the contents of such program.
(ii) Training shall be provided prior to or at the time of initial assignment to a job involving potential exposure to cadmium and at least annually thereafter.
(iii) The employer shall make the training program understandable to the employee and shall assure that each employee is informed of the following:
(A) The health hazards associated with cadmium exposure, with special attention to the information incorporated in WAC 296-62-07441, Appendix A;
(B) The quantity, location, manner of use, release, and storage of cadmium in the workplace and the specific nature of operations that could result in exposure to cadmium, especially exposures above the PEL;
(C) The engineering controls and work practices associated with the employee's job assignment;
(D) The measures employees can take to protect themselves from exposure to cadmium, including modification of such habits as smoking and personal hygiene, and specific procedures the employer has implemented to protect employees from exposure to cadmium such as appropriate work practices, emergency procedures, and the provision of personal protective equipment;
(E) The purpose, proper selection, fitting, proper use, and limitations of respirators and protective clothing;
(F) The purpose and a description of the medical surveillance program required by subsection (12) of this section;
(G) The contents of this section and its appendices; and
(H) The employee's rights of access to records under chapter 296-62 WAC, Part B.
(iv) Additional access to information and training program and materials.
(A) The employer shall make a copy of this section and its appendices readily available to all affected employees and shall provide a copy without cost if requested.
(B) Upon request, the employer shall provide to the director or authorized representative, all materials relating to the employee information and the training program.
(e) Multi-employer workplace. In a multi-employer
workplace, an employer who produces, uses, or stores cadmium in a
manner that may expose employees of other employers to cadmium
shall notify those employers of the potential hazard in
accordance with WAC ((296-62-05409)) 296-800-170 of the chemical
hazard communication program standard.
(14) Recordkeeping.
(a) Exposure monitoring.
(i) The employer shall establish and keep an accurate record of all air monitoring for cadmium in the workplace.
(ii) This record shall include at least the following information:
(A) The monitoring date, shift, duration, air volume, and results in terms of an 8-hour TWA of each sample taken, and if cadmium is not detected, the detection level;
(B) The name, Social Security number, and job classification of all employees monitored and of all other employees whose exposures the monitoring result is intended to represent, including, where applicable, a description of how it was determined that the employee's monitoring result could be taken to represent other employee's exposures;
(C) A description of the sampling and analytical methods used and evidence of their accuracy;
(D) The type of respiratory protective device, if any, worn by the monitored employee and by any other employee whose exposure the monitoring result is intended to represent;
(E) A notation of any other conditions that might have affected the monitoring results;
(F) Any exposure monitoring or objective data that were used and the levels.
(iii) The employer shall maintain this record for at least thirty (30) years, in accordance with WAC 296-62-05207.
(iv) The employer shall also provide a copy of the results of an employee's air monitoring prescribed in subsection (4) of this section to an industry trade association and to the employee's union, if any, or, if either of such associations or unions do not exist, to another comparable organization that is competent to maintain such records and is reasonably accessible to employers and employees in the industry.
(b) Objective data for exemption from requirement for initial monitoring.
(i) For purposes of this section, objective data are information demonstrating that a particular product or material containing cadmium or a specific process, operation, or activity involving cadmium cannot release dust or fumes in concentrations at or above the action level even under the worst-case release conditions. Objective data can be obtained from an industry-wide study or from laboratory product test results from manufacturers of cadmium-containing products or materials. The data the employer uses from an industry-wide survey must be obtained under workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
(ii) The employer shall maintain the record for at least 30 years of the objective data relied upon.
(c) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee covered by medical surveillance under (a)(i) of this subsection.
(ii) The record shall include at least the following information about the employee:
(A) Name, Social Security number, and description of duties;
(B) A copy of the physician's written opinions and of the explanation sheets for biological monitoring results;
(C) A copy of the medical history, and the results of any physical examination and all test results that are required to be provided by this section, including biological tests, x-rays, pulmonary function tests, etc., or that have been obtained to further evaluate any condition that might be related to cadmium exposure;
(D) The employee's medical symptoms that might be related to exposure to cadmium; and
(E) A copy of the information provided to the physician as required by subsection (12)(i) of this section.
(iii) The employer shall assure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with WAC 296-62-05207.
(iv) At the employee's request, the employer shall promptly provide a copy of the employee's medical record, or update as appropriate, to a medical doctor or a union specified by the employee.
(d) Training. The employer shall certify that employees have been trained by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training, and the date the training was completed. The certification records shall be prepared at the completion of training and shall be maintained on file for one (1) year beyond the date of training of that employee.
(e) Availability.
(i) Except as otherwise provided for in this section, access to all records required to be maintained by (a) through (d) of this subsection shall be in accordance with the provisions of WAC 296-62-052.
(ii) Within 15 days after a request, the employer shall make an employee's medical records required to be kept by (c) of this subsection available for examination and copying to the subject employee, to designated representatives, to anyone having the specific written consent of the subject employee, and after the employee's death or incapacitation, to the employee's family members.
(f) Transfer of records. Whenever an employer ceases to do business and there is no successor employer or designated organization to receive and retain records for the prescribed period, the employer shall comply with the requirements concerning transfer of records set forth in WAC 296-62-05215.
(15) Observation of monitoring.
(a) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to cadmium.
(b) Observation procedures. When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with that clothing and equipment and shall assure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.
(16) Appendices.
(a) Compliance with the fit testing requirements in WAC 296-62-07201 through 296-62-07248, Appendices A-1, A-2 and A-3 of chapter 296-62 WAC, Part E, are mandatory.
(b) Except where portions of WAC 296-62-07441, 296-62-07443, 296-62-07447, 296-62-07449, and 296-62-07451, Appendices A, B, D, E, and F, respectively, to this section are expressly incorporated in requirements of this section, these appendices are purely informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-155-174, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-174, filed 7/20/94, effective 9/20/94; 93-21-075 (Order 93-06), 296-155-174, filed 10/20/93, effective 12/1/93; 93-07-044 (Order 93-01), 296-155-174, filed 3/13/93, effective 4/27/93.]
(a) Each employer who has a workplace or operation covered by this standard shall initially determine if any employee may be exposed to lead at or above the action level.
(b) For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.
(c) With the exception of monitoring under subsection (3) of this section, where monitoring is required by this standard, the employer shall collect personal samples representative of a full shift including at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level.
(d) Full shift personal samples shall be representative of the monitored employee's regular, daily exposure to lead.
(2) Protection of employees during assessment of exposure.
(a) With respect to the lead related tasks listed in this subdivision, where lead is present, until the employer performs an employee exposure assessment as required in this section and documents that the employee performing any of the listed tasks is not exposed above the PEL, the employer shall treat the employee as if the employee were exposed above the PEL, and not in excess of ten (10) times the PEL, and shall implement employee protective measures prescribed in subdivision (e) of this subsection. The tasks covered by this requirement are:
(i) Where lead containing coatings or paint are present: Manual demolition of structures (e.g, dry wall), manual scraping, manual sanding, heat gun applications, and power tool cleaning with dust collection systems;
(ii) Spray painting with lead paint.
(b) In addition, with regard to tasks not listed in subdivision (a), where the employer has any reason to believe that an employee performing the task may be exposed to lead in excess of the PEL, until the employer performs an employee exposure assessment as required by this section and documents that the employee's lead exposure is not above the PEL the employer shall treat the employee as if the employee were exposed above the PEL and shall implement employee protective measures as prescribed in subdivision (e) of this subsection.
(c) With respect to the tasks listed in this subdivision, where lead is present, until the employer performs an employee exposure assessment as required in this section, and documents that the employee performing any of the listed tasks is not exposed in excess of 500 g/m3, the employer shall treat the employee as if the employee were exposed to lead in excess of 500 g/m3 and shall implement employee protective measures as prescribed in subdivision (e) of this subsection. Where the employer does establish that the employee is exposed to levels of lead below 500 g/m3, the employer may provide the exposed employee with the appropriate respirator prescribed for such use at such lower exposures, in accordance with Table 1 of WAC 296-155-17613. The tasks covered by this requirement are:
(i) Using lead containing mortar; lead burning;
(ii) Where lead containing coatings or paint are present: Rivet busting; power tool cleaning without dust collection systems; cleanup activities where dry expendable abrasives are used; and abrasive blasting enclosure movement and removal.
(d) With respect to the tasks listed in this subdivision, where lead is present, until the employer performs an employee exposure assessment as required in this section and documents that the employee performing any of the listed tasks is not exposed to lead in excess of 2,500 g/m3 (50xPEL), the employer shall treat the employee as if the employee were exposed to lead in excess of 2,500 g/m3 and shall implement employee protective measures as prescribed in (e) of this subsection. Where the employer does establish that the employee is exposed to levels of lead below 2,500 g/m3, the employer may provide the exposed employee with the appropriate respirator prescribed for use at such lower exposures, in accordance with Table I of this WAC 296-155-17613. Protection described in this section is required where lead containing coatings or paint are present on structures when performing:
(i) Abrasive blasting;
(ii) Welding;
(iii) Cutting; and
(iv) Torch burning.
(e) Until the employer performs an employee exposure assessment as required by this section and determines actual employee exposure, the employer shall provide to employees performing the tasks described in (a) through (d) of this subsection with interim protection as follows:
(i) Appropriate respiratory protection in accordance with WAC 296-155-17613.
(ii) Appropriate personal protective clothing and equipment in accordance with WAC 296-155-17615.
(iii) Change areas in accordance with WAC 296-155-17619(2).
(iv) Hand washing facilities in accordance with WAC 296-155-17619(5).
(v) Biological monitoring in accordance with WAC 296-155-17621 (1)(a), to consist of blood sampling and analysis for lead and zinc protoporphyrin levels, and
(vi) Training as required by WAC 296-155-17625 (1)(a)
regarding ((Part C of chapter 296-62 WAC,)) WAC 296-800-170,
Chemical hazard communication; training as required by WAC 296-155-17625 (2)(c), regarding use of respirators; and training
in accordance with WAC 296-155-100.
(3) Basis of initial determination.
(a) Except as provided by (c) and (d) of this subsection the employer shall monitor employee exposures and shall base initial determinations on the employee exposure monitoring results and any of the following, relevant considerations:
(i) Any information, observations, or calculations which would indicate employee exposure to lead;
(ii) Any previous measurements of airborne lead; and
(iii) Any employee complaints of symptoms which may be attributable to exposure to lead.
(b) Monitoring for the initial determination where performed may be limited to a representative sample of the exposed employees who the employer reasonably believes are exposed to the greatest airborne concentrations of lead in the workplace.
(c) Where the employer has previously monitored for lead exposures, and the data were obtained within the past 12 months during work operations conducted under workplace conditions closely resembling the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the employer may rely on such earlier monitoring results to satisfy the requirements of subdivision (a) of this subsection and subsection (5) of this section if the sampling and analytical methods meet the accuracy and confidence levels of subsection (9) of this section.
(d) Where the employer has objective data, demonstrating that a particular product or material containing lead or a specific process, operation or activity involving lead cannot result in employee exposure to lead at or above the action level during processing, use, or handling, the employer may rely upon such data instead of implementing initial monitoring.
(i) The employer shall establish and maintain an accurate record documenting the nature and relevancy of objective data as specified in WAC 296-155-17629(4), where used in assessing employee exposure in lieu of exposure monitoring.
(ii) Objective data, as described in subdivision (d) of this subsection, is not permitted to be used for exposure assessment in connection with subsection (2) of this section.
(4) Positive initial determination and initial monitoring.
(a) Where a determination conducted under subsections (1), (2) and (3) of this section shows the possibility of any employee exposure at or above the action level the employer shall conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.
(b) Where the employer has previously monitored for lead exposure, and the data were obtained within the past 12 months during work operations conducted under workplace conditions closely resembling the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the employer may rely on such earlier monitoring results to satisfy the requirements of (a) of this subsection if the sampling and analytical methods meet the accuracy and confidence levels of subsection (9) of this section.
(5) Negative initial determination. Where a determination, conducted under subsections (1), (2), and (3) of this section is made that no employee is exposed to airborne concentrations of lead at or above the action level the employer shall make a written record of such determination. The record shall include at least the information specified in subsection (3)(a) of this section and shall also include the date of determination, location within the worksite, and the name and social security number of each employee monitored.
(6) Frequency.
(a) If the initial determination reveals employee exposure to be below the action level further exposure determination need not be repeated except as otherwise provided in subsection (7) of this section.
(b) If the initial determination or subsequent determination reveals employee exposure to be at or above the action level but at or below the PEL the employer shall perform monitoring in accordance with this section at least every 6 months. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subsection (7) of this section.
(c) If the initial determination reveals that employee exposure is above the PEL the employer shall perform monitoring quarterly. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are at or below the PEL but at or above the action level at which time the employer shall repeat monitoring for that employee at the frequency specified in subdivision (b) of this subsection, except as otherwise provided in subsection (7) of this section. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subsection (7) of this section.
(7) Additional exposure assessments. Whenever there has been a change of equipment, process, control, personnel or a new task has been initiated that may result in additional employees being exposed to lead at or above the action level or may result in employees already exposed at or above the action level being exposed above the PEL, the employer shall conduct additional monitoring in accordance with this section.
(8) Employee notification.
(a) Within 5 working days after completion of the exposure assessment the employer shall notify each employee in writing of the results which represent that employee's exposure.
(b) Whenever the results indicate that the representative employee exposure, without regard to respirators, is at or above the PEL the employer shall include in the written notice a statement that the employees exposure was at or above that level and a description of the corrective action taken or to be taken to reduce exposure to below that level.
(9) Accuracy of measurement. The employer shall use a method of monitoring and analysis which has an accuracy (to a confidence level of 95%) of not less than plus or minus 25 percent for airborne concentrations of lead equal to or greater than 30 g/m3.
[Statutory Authority: Chapter 49.17 RCW. 93-22-054 (Order 93-07), 296-155-17609, filed 10/29/93, effective 12/10/93.]
(a) Coveralls or similar full-body work clothing;
(b) Gloves, hats, and shoes or disposable shoe coverlets; and
(c) Face shields, vented goggles, or other appropriate
protective equipment which complies with WAC ((296-24-078))
296-800-160.
(2) Cleaning and replacement.
(a) The employer shall provide the protective clothing required in subsection (1) of this section in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to a respirator are over 200 g/m3 of lead as an 8-hour TWA.
(b) The employer shall provide for the cleaning, laundering, and disposal of protective clothing and equipment required by subsection (1) of this section.
(c) The employer shall repair or replace required protective clothing and equipment as needed to maintain their effectiveness.
(d) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change areas provided for that purpose as prescribed in WAC 296-155-17619(2).
(e) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change area which prevents dispersion of lead outside the container.
(f) The employer shall inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.
(g) The employer shall assure that the containers of contaminated protective clothing and equipment required by subdivision (e) of this subsection are labeled as follows:
| Caution: | Clothing contaminated with lead. Do not remove dust by blowing or shaking. Dispose of lead contaminated wash
water in accordance with applicable local, state, or federal regulations. |
[Statutory Authority: Chapter 49.17 RCW. 93-22-054 (Order 93-07), 296-155-17615, filed 10/29/93, effective 12/10/93.]
The employer shall develop and maintain a chemical hazard
communication program as required by ((chapter 296-62 WAC, Part
C)) WAC 296-800-170, which will provide information to all
employees relative to hazardous chemicals or substances to which
they are exposed, or may become exposed, in the course of their
employment.
[Statutory Authority: Chapter 49.17 RCW. 94-16-145, 296-155-180, filed 8/3/94, effective 9/12/94; 89-11-035 (Order 89-03), 296-155-180, filed 5/15/89, effective 6/30/89.]
(a) Protective equipment, including personal protective equipment for eyes, face, head, hearing, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.
(b) Employee owned equipment. Where employees provide their own protective equipment, the employer shall be responsible to assure its adequacy, including proper maintenance and sanitation of such equipment.
(c) Design. All personal protective equipment shall be of safe design and construction for the work to be performed.
(2) Construction personnel shall comply with plant or job safety practices and procedures, peculiar to particular industries and plants, relating to protective equipment and procedures when engaged in construction work in such plants or job sites.
(3) The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates a need for using such equipment to reduce the hazards to the employees.
(4) Where there is a danger of contact with moving parts of machinery, or the work process is such that a hazard exists:
(a) The clothing of employees shall fit closely about the body.
(b) Dangling neck wear, bracelets, wristwatches, rings, or similar articles shall not be worn by employees.
(5) Employees, whose duties are performed in areas and under circumstances where they are exposed to the danger of moving vehicles, shall wear work vests of highly visible materials, or equivalent distinguishing apparel.
(6) Employers shall ensure that employees wear no less than a short sleeved shirt, long pants, and shoes. Employees shall wear no less than a short sleeved shirt, long pants, and shoes. Shoes shall meet the requirements of WAC 296-155-212.
| Note: | For additional personal protective and life saving equipment requirements, refer to (( |
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-200, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-200, filed 1/21/86; Order 76-29, 296-155-200, filed 9/30/76; Order 74-26, 296-155-200, filed 5/7/74, effective 6/6/74.]
(1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and
(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and
(3) Is not designed for continuous employee occupancy.
"Corrosives" means substances which in contact with living tissue cause destruction of the tissue by chemical action.
"Hazardous atmosphere" means an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (that is, escape unaided from a permit space), injury, or acute illness from one or more of the following causes:
(1) Flammable gas, vapor, or mist in excess of ten percent of its lower flammable limit (LFL);
(2) Airborne combustible dust at a concentration that meets or exceeds its LFL;
| Note: | This concentration may be approximated as a condition in which the dust obscures vision at a distance of five feet (1.52m) or less. |
(4) Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in chapter 296-62 WAC, general occupational health standards, and which could result in employee exposure in excess of its dose or permissible exposure limit;
| Note: | An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due to its health effects is not covered by this provision. |
| Note: | For air contaminants for which WISHA has not determined a dose or permissible exposure limit, other sources of information, such
as material safety data sheets that comply with the Chemical Hazard Communication Standard, (( |
"Oxygen deficient atmospheres" means atmospheres at sea level having less than 19.5% oxygen by volume or having a partial pressure of 148 millimeters of mercury or less. This may deviate when working at higher altitudes and should be determined for an individual location. Factors such as acclimatization, physical condition of persons involved, etc., must be considered for such circumstances and conditions. (See chapter 296-62 WAC, Part M, permit-required confined spaces.)
"Toxicants" means substances which have the inherent capacity to produce personal injury or illness to persons by absorption through any body surface.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 95-17-036, 296-155-20301, filed 8/9/95, effective 9/25/95. Statutory Authority: Chapter 49.17 RCW. 95-04-007, 296-155-20301, filed 1/18/95, effective 3/1/95; 91-24-017 (Order 91-07), 296-155-20301, filed 11/22/91, effective 12/24/91. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-20301, filed 1/21/86.]
(a) The employer shall be responsible for development of a fire protection program to be followed throughout all phases of construction and demolition work, and the employer shall provide for fire fighting equipment as specified in this part. As fire hazards occur, there shall be no delay in providing necessary equipment.
(b) Access to all available fire fighting equipment shall be maintained at all times.
(c) All fire fighting equipment, provided by the employer, shall be conspicuously located.
(d) All fire fighting equipment shall be periodically inspected by a competent person, and maintained in operating condition. Defective equipment shall be immediately replaced.
(e) As warranted by the project, the employer shall provide a trained and equipped fire fighting organization (fire brigade) to assure adequate protection to life.
(2) Water supply.
(a) A temporary or permanent water supply, of sufficient volume, duration, and pressure, required to properly operate fire fighting equipment shall be made available as soon as combustible materials accumulate.
(b) Where underground water mains are to be provided, they shall be installed, completed, and made available for use as soon as practicable.
(3) Portable fire fighting equipment.
(a) A fire extinguisher, rated not less than 2A, shall be provided for each 3,000 square feet of a combustible building area, or major fraction thereof. Travel distance from any point of the protected area to the nearest fire extinguisher shall not exceed a horizontal distance of 100 feet.
Note:
One 55-gallon open drum of water with two fire pails may be substituted for a fire extinguisher having a 2A rating.
(b) A 1/2-inch diameter garden-type hose line, not to exceed
100 feet in length and equipped with a nozzle, may be substituted
for a 2A-rated fire extinguisher, provided it is capable of
discharging a minimum of 5 gallons per minute with a minimum hose
stream range of 30 feet horizontally. The garden-type hose lines
shall be mounted on conventional racks or reels. The number and
location of hose racks or reels shall be such that at least one
hose stream can be applied to all points in the area.
(c) One or more fire extinguishers, rated not less than 2A, shall be provided on each floor. In multistory buildings, where combustibles are present, at least one fire extinguisher shall be located adjacent to a stairway.
(d) Extinguishers and water drums, subject to freezing, shall be protected from freezing.
(e) A fire extinguisher, rated not less than 10B, shall be provided within 50 feet of wherever more than 5 gallons of flammable or combustible liquids or 5 pounds of flammable gas are being used on the jobsite. This requirement does not apply to the integral fuel tanks of motor vehicles.
(f) Carbon tetrachloride and other toxic vaporizing liquid fire extinguishers are prohibited.
(g) Portable fire extinguishers shall be inspected
periodically and maintained in accordance with Maintenance and
Use of Portable Fire Extinguishers, NFPA No. 10A-1981 and ((the
general safety and health standards, chapter 296-24 WAC, Part
G-3)) WAC 296-800-300.
(h) Fire extinguishers which have been listed or approved by a nationally recognized testing laboratory, shall be used to meet the requirements of this part. (See Table D-1)
| WAC 296-155-260, Illus 1.)] Height=293 valign="center">Place illustration here. |
| Note: | One hundred feet, or less, of 1-1/2 inch hose, with a nozzle capable of discharging water at 25 gallons or more per minute, may be substituted for a fire extinguisher rated not more than 2A in the designated area provided that the hose line can reach all points in the area. |
(j) During demolition involving combustible materials, charged hose lines, supplied by hydrants, water tank trucks with pumps, or equivalent, shall be made available.
(4) Fixed fire fighting equipment.
(a) Sprinkler protection.
(i) If the facility being constructed includes the installation of automatic sprinkler protection, the installation shall closely follow the construction and be placed in service as soon as applicable laws permit following completion of each story.
(ii) During demolition or alterations, existing automatic sprinkler installations shall be retained in service as long as reasonable. The operation of sprinkler control valves shall be permitted only by properly authorized persons.
| Note: | Modification of sprinkler systems to permit alterations or additional demolition should be expedited so that the automatic protection may be returned to service as quickly as possible. Sprinkler control valves shall be checked daily at close of work to ascertain that the protection is in service. |
(5) Fire alarm devices.
(a) An alarm system, e.g., telephone system, siren, etc., shall be established by the employer whereby employees on the site and the local fire department can be alerted for an emergency.
(b) The alarm code and reporting instructions shall be conspicuously posted at phones and at employee entrances.
(6) Fire cutoffs.
(a) Fire walls and exit stairways, required for the completed buildings, shall be given construction priority. Fire doors, with automatic closing devices, shall be hung on openings as soon as practical.
(b) Fire cutoffs shall be retained in buildings undergoing alterations or demolition until operations necessitate their removal.
[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), 296-155-260, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-260, filed 1/21/86; Order 76-6, 296-155-260, filed 3/1/76; Order 74-26, 296-155-260, filed 5/7/74, effective 6/6/74.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 95-04-007, filed 1/18/95,
effective 3/1/95)
WAC 296-155-407
Protective clothing.
(1) General
requirements. Employees exposed to the hazards created by
welding, cutting, or brazing operations shall be protected by
personal protective equipment in accordance with the requirements
of chapter 296-24 WAC, ((Part A-2 and)) Part I and WAC 296-800-160. Appropriate protective clothing required for any
welding operation will vary with the size, nature and location of
the work to be performed.
(2) Specified protective clothing. Protective means which may be employed are as follows:
(a) Except when engaged in light work, all welders should wear flameproof gauntlet gloves.
(b) Flameproof aprons made of leather, or other suitable material may also be desirable as protection against radiated heat and sparks.
(c) Woolen clothing preferable to cotton because it is not so readily ignited and helps protect the welder from changes in temperature. Cotton clothing, if used, should be chemically treated to reduce its combustibility. All outer clothing such as jumpers or overalls should be reasonably free from oil or grease.
(d) Sparks may lodge in rolled-up sleeves or pockets of clothing, or cuffs of overalls or trousers. It is therefore recommended that sleeves and collars be kept buttoned and pockets be eliminated from the front of overalls and aprons. Trousers or overalls should not be turned up on the outside.
| Note: | For heavy work, fire-resistant leggings, high boots, or other equivalent means should be used. |
(f) Capes or shoulder covers made of leather or other suitable materials should be worn during overhead welding or cutting operations. Leather skull caps may be worn under helmets to prevent head burns.
(g) Where there is exposure to sharp or heavy falling objects, or a hazard of bumping in confined spaces, hard hats or head protectors shall be used.
[Statutory Authority: Chapter 49.17 RCW. 95-04-007, 296-155-407, filed 1/18/95, effective 3/1/95. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), 296-155-407, filed 1/21/86.]
OTS-4140.2
AMENDATORY SECTION(Amending Order 74-19, filed 5/6/74)
WAC 296-301-010
Textiles -- Application requirements.
(1)
Application. The requirements of this chapter for textile safety
apply to the design, installation, processes, operation, and
maintenance of textile machinery, equipment, and other plant
facilities in all plants engaged in the manufacture and
processing of textiles, except those processes used exclusively
in the manufacture of synthetic fibers.
(2) These standards shall be augmented by the Washington state general safety and health standards, and any other regulations of general application which are or will be made applicable to all industries.
(3) The provisions of this chapter shall prevail in the
event of conflict with or duplication of, provisions contained in
chapter 296-24 WAC, the general safety and health standards
((and)), chapter 296-62 WAC, the general occupational health
standards, and chapter 296-800 WAC, the safety and health core
rule book.
(4) WAC ((296-24-006 through)) 296-24-012 ((of the general
safety and health standards,)) and 296-800-360 shall apply where
applicable to this industry.
[Order 74-19, 296-301-010, filed 5/6/74.]
(2) Handles. Stopping and starting handles shall be designed to the proper length to prevent the worker's hand or fingers from striking against any revolving part, gear guard, or any other part of the machine.
(3) Machine guarding. An employer must ensure that power transmission parts are guarded according to the requirements of WAC 296-24-205 through 296-24-20527.
(4) Housekeeping. Aisles and working spaces shall be kept in good order in accordance with requirements of WAC 296-24-735 through 296-24-73505 and WAC 296-800-220.
(5) Inspection and maintenance. All guards and other safety devices, including starting and stopping devices, shall be properly maintained.
(6) Lighting and illumination. Lighting and illumination
shall conform to ((the general occupational health standards,
chapter 296-62)) the safety and health core rule book, WAC
296-800-210.
(7) Identification of piping systems. Identification of piping systems shall conform to American National Standard A13.1-1956.
(8) Identification of physical hazards. Identification of physical hazards shall be in accordance with the requirements of WAC 296-24-135 through 296-24-13503, of the general safety and health standards.
(9) Steam pipes. All pipes carrying steam or hot water for process or servicing machinery, when exposed to contact and located within seven feet of the floor or working platform shall be covered with a heat-insulating material, or guarded with equivalent protection.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-094 and 99-22-093, 296-301-020, filed 8/17/99 and 11/2/99, effective 1/1/00; 98-10-073, 98-24-120 and 99-12-091, 296-301-020, filed 5/4/98, 12/2/98 and 6/1/99, effective 1/1/00; Order 74-19, 296-301-020, filed 5/6/74.]
(2) Respiratory protection. Employers must provide respiratory protection as required in chapter 296-62 WAC, Part E.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-094, 296-301-220, filed 8/17/99, effective 12/1/99; Order 74-19, 296-301-220, filed 5/6/74.]
OTS-4168.2
AMENDATORY SECTION(Amending WSR 00-01-038, filed 12/7/99,
effective 2/1/00)
WAC 296-301-215
First aid.
The first-aid provisions of
((chapter 296-24 WAC, Part A-1 of the general safety and health
standards,)) the safety and health core rule book, WAC 296-800-150 apply within the scope of chapter 296-301 WAC.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 00-01-038, 296-301-215, filed 12/7/99, effective 2/1/00; Order 74-19, 296-301-215, filed 5/6/74.]
OTS-4141.2
AMENDATORY SECTION(Amending Order 74-17, filed 5/6/74)
WAC 296-302-010
Bakery equipment -- General requirements.
(1) Application. The requirements of this chapter shall apply to
the design, installation, operation and maintenance of machinery
and equipment used within a bakery.
(2) These standards shall be augmented by the Washington state general safety and health standards, and any other regulations of general application which are or will be made applicable to all industries.
(3) The provisions of this chapter shall prevail in the
event of a conflict with, or duplication of, provisions contained
in chapters 296-24 ((and)), 296-62, and 296-800 WAC.
(4) WAC ((296-24-006 through)) 296-24-012 ((of the general
safety and health standards, chapter 296-24 WAC)) and
296-800-360, shall apply where applicable to this industry.
[Order 74-17, 296-302-010, filed 5/6/74.]
(a) Each apparatus shall be safeguarded by a disconnecting means for the motor circuits as required by National Electrical Code - 1971 edition.
(b) Wherever a flour-handling system is of such size that the beginning of its operation is far remote from its final delivery end, all electric motors operating each apparatus comprising this system shall be controlled at each of two points, one located at each remote end, either of which will stop all motors.
(c) Motor control switches shall be capable of being locked in the open position.
(d) Control circuits for magnetic controllers shall be so arranged that the opening of any one of several limit switches, which may be on an individual unit, will serve to de-energize all of the motors of that unit.
(2) Removable covers on all flour-handling equipment shall be so designed that the lifting effort shall not be more than 50 pounds.
(3) Wherever flour-handling systems are of large
construction, suitable walkways or platforms or both shall be
constructed around and over bins and apparatus, in accordance
with the applicable requirements of the general safety and health
standard((s)), chapter 296-24 WAC and safety and health core
rules, chapter 296-800 WAC.
(a) All walkway surfaces shall be maintained in nonslip condition.
(b) Elevated walkways shall have railings and toeboards in
compliance with applicable requirements of the general safety and
health standard((s)), chapter 296-24 WAC and safety and health
core rules, chapter 296-800 WAC.
(c) All ladders leading to upper walkways shall be in
accordance with the applicable requirements of the general safety
and health standard((s)), chapter 296-24 WAC and safety and
health core rules, chapter 296-800 WAC.
(d) Wherever walkways are near the ceiling construction of the building, where obstruction to head room is lower than normal standing height, methods shall be provided to warn any occupant of the walkway. This should be done by means of "tell tales" or other suitable means located ahead of the obstruction. Suitable signs shall also be placed on walkways warning occupants of possible danger.
(4) All oscillating and vibrating sifters shall be protected
with guard rails in compliance with applicable requirements of
the general safety and health standard((s)), chapter 296-24 WAC
and safety and health core rules, chapter 296-800 WAC.
(5) All mechanical transmission shafting, gearing, and sprocket drives shall be completely guarded, preferably with dust-tight housing. Lubrication fittings shall extend to the outside of the guard.
(6) All guards shall be readily removable.
(7) All flour-handling equipment, each individual unit or the entire system collectively, shall be so constructed that all interior or exterior protruding corners are of a rounded nature.
(8) When Class II hazardous conditions prevail, electric motors, motor controllers, and switches shall be of the type approved for such locations in accordance with the requirements of the National Electrical Code - 1971 edition.
[Order 74-17, 296-302-02501, filed 5/6/74.]
(2) Fermentation room. Fermentation room doors shall have nonshatterable wire glass or plastic panels for vision through doors.
(3) Troughs. Troughs shall be mounted on antifriction bearing casters thus making it possible for the operator to move and direct the motion of the trough with a minimum of effort.
(4) Hand trucks.
(a) Casters shall be set back from corners to be out of the way of toes and heels, but not far enough back to cause the truck to be unstable.
(b) A lock or other device shall be provided to hold the handle in vertical position when the truck is not in use.
(5) Lift trucks. A lock or other device shall be provided to hold the handle in vertical position when the truck is not in use.
(6) Racks.
(a) Sharp splintered or rough corners and edges shall be eliminated.
(b) Racks shall be equipped with handles so located with reference to the frame of the rack that no part of the operator's hands extends beyond the outer edge of the frame when holding onto the handles.
(c) Antifriction bearing casters shall be used to give the operator better control of the rack.
(d) End guards shall be used at shelf levels on proofing racks.
(7) Conveyors.
(a) Wherever a conveyor passes over a main aisleway, regularly occupied work area, or passageway, the underside of the conveyor shall be completely enclosed to prevent broken chains or other material from falling in the passageway or work area.
(b) Stop bumpers shall be installed on all delivery ends of conveyors, wherever manual removal of the product carried is practiced.
(c) All conveyors shall have stop buttons at all operating stations. In addition, emergency stop bars or switches shall be installed at any machine infeed location fed by the conveyor where pinch points exist.
(8) Overhead rail systems.
(a) Handles for operating devices for trolley switches which hang less then 6 feet 8 inches from the floor shall be of pliable material.
(b) Floor scales. Nonshatterable transparent material shall be used to cover dials.
(9) Dough chutes. The entrance to the chute shall be guarded so as to protect the employee from falling into chute, stepping into chute, or tripping over too low an edge of the chute.
(10) Skids.
(a) All sharp corners or edges shall be eliminated on all metal skids.
(b) All edges and corners shall be protected on skids to prevent exposed splinters.
(11) Ingredient premixers, ((emulisifers)) emulsifiers, etc.
(a) All top openings shall be provided with covers attached to the machines. These covers should be so arranged and interlocked that power will be shutoff whenever the cover is opened to a point where the operator's fingers might come in contact with the beaters.
(b) Portable electrical agitators for ingredient premixers shall have the attachment cord so wired that the agitator will be grounded whenever it is connected to a source of power.
(12) Chain tackle.
(a) All chain tackle shall be marked prominently, permanently, and legibly with maximum load capacity.
(b) All chain tackle shall be marked permanently, and legibly with minimum support specification.
(c) Safety hooks shall be used.
(13) Trough hoists, etc.
(a) All hoists shall be marked prominently, permanently, and legibly with maximum load capacity.
(b) All hoists shall be marked permanently and legibly with minimum support specifications.
(c) Safety catches shall be provided for the chain so that the chain will hold the load in any position.
(d) Safety hooks shall be used.
(14) Air-conditioning units.
(a) All sharp corners and edges shall be eliminated.
(b) On large units with doors to chambers large enough to be entered, all door locks shall be operable from both inside and outside.
(15) Pan washing tanks.
(a) Counter-balanced hinged covers, or sliding covers, shall be provided.
(b) The surface of the floor of the working platform shall be maintained in nonslip condition.
(c) Working platforms shall be kept at least 32 inches below the top of the tank or guardrail.
(d) All electrical sockets in pan washing rooms shall be nonmetallic and keyless and other electrical equipment shall be moisture proof.
(e) Power ventilated exhaust hoods shall be provided over the tanks.
(16) Pan washing machines. Sharp corners and edges shall be eliminated.
(17) Cake depositors. All pinch points shall be eliminated, guarded, or shielded so that hands and arms cannot reach these pinch points while the machine is in operation.
(18) Icing machines. All pinch points shall be eliminated, or provided with guards or shields so hands and arms cannot reach these pinch points while the machine is in operation.
(19) Bread coolers, conveyor type.
(a) All pinch points shall be eliminated or guarded.
(b) Stop bumpers on all delivery ends of conveyors shall be installed wherever manual removal of the product carried is practiced.
(20) Bread coolers, rack type.
(a) Guardrails shall be installed to the center rack as it enters and leaves the cooler.
(b) All door locks shall be operable from both within and outside the cooler.
(21) Bread and cake boxes, trays, etc.
(a) Sharp corners and edges shall be eliminated on metal parts.
(b) All wooden corners and edges shall be protected to prevent splinters.
(22) Doughnut machines. Separate flues shall be provided, (a) for venting vapors from the frying section, and (b) for venting products of combustion from the combustion chamber used to heat the fat.
(23) Open fat kettles.
(a) The floor around kettles shall be maintained in nonslip condition.
(b) Fire extinguishing devices suitable for Class-B fires
shall be provided. See ((general safety and health standards,))
WAC ((296-24-590)) 296-800-300, fire extinguishers.
(c) Goggles or face shields shall be provided to prevent injuries from hot fat splashes.
(d) The top of the kettle shall be not less than 36 inches above floor or working level.
(24) Steam kettles.
(a) Positive locking devices shall be provided to hold kettles in the desired position.
(b) Kettles with steam jackets shall be provided with safety valves in accordance with the ASME Pressure Vessel Code, section VIII, Unfired Pressure Vessels, 1968.
[Order 74-17, 296-302-050, filed 5/6/74.]
(a) If the hopper is removable it shall be provided with an electric interlock so that the machine cannot be put in operation when the hopper is removed.
(b) Where grid guards cannot be used, feed conveyors to hoppers, or baffle-type hoppers, shall be provided. Hoppers in such cases shall be enclosed and provided with hinged covers, and equipped with electric interlock to prevent operation of the machine with the cover open.
(2) Sugar and spice pulverizers.
(a) All drive belts used in connection with sugar and spice pulverizers shall be grounded by means of metal combs or other effective means of removing static electricity. All pulverizing of sugar or spice grinding shall be done in accordance with NFPA 62-1967 (Standard for Dust Hazards of Sugar and Cocoa), NFPA 656-1959 (Standard for Dust Hazards in Spice Grinding Plants).
(b) Magnetic separators shall be provided to reduce fire and explosion hazards.
(3) Cheese, fruit, and food cutters. These machines shall be protected in accordance with the requirements of (1) of this section.
(4) Jam, icing, and marshmallow beaters of horizontal tub type. All top openings shall be provided with covers attached to the machines.
(5) Reversible dough brakes. Reversible brakes shall be provided with a guard or tripping mechanism on each side of the rolls. These guards shall be so arranged as to stop the machine or reverse the direction of the rolls so that they are outrunning if the guard is moved by contact of the operator.
(6) Cross-roll brakes. Cross-roll brakes shall be provided with guards that are similar in number and equal in effectiveness to guards on hand-fed brakes.
(7) Box- and roll-type dough sheeters.
(a) Sheeting rolls shall be guarded at the point where the dough enters the rolls so that the operator's fingers cannot get into the nip point.
(b) Hoppers for sheeters shall have an automatic stop bar or automatic stopping device along the back edge of the hopper. If construction does not permit location at the back edge, the automatic stop bar or automatic stopping device shall be located where it will be most effective to accomplish the desired protection.
(8) Cutting and panning, embossing, peeling, bar, and frutana machines.
(a) Roll stands, other than hand fed, shall be guarded at the point where the dough enters the rolls so that the operator's fingers cannot get into the nip points.
(b) Guards shall be provided at each side of the cutter to prevent hands from getting under the cutter.
(c) Reciprocating panner heads shall be guarded to protect the operator from being caught between moving and stationary parts.
(d) Motor control buttons shall be located within view of the cutting head.
(9) Rotary, die machines, pretzel rolling, and pretzel-stick extruding machines. Dough hoppers shall have the entire opening protected with grid-type guards to prevent the employee from getting his hands caught in moving parts, or the hopper shall be extended high enough so that the operator's hands cannot get into moving parts.
(10) Band ovens. Band ovens shall be so arranged, or guarded, that the operator cannot get caught at the nip point between the band and the drive pulley or the takeup pulley, or between the oven conveyor and the oven frame.
(11) Wafer-cutting machines. These machines shall be so guarded that it will be impossible for employee's fingers or hands to come in contact with the saws or knives while feeding the machine.
(12) Pan cooling towers.
(a) Where pan cooling towers extend to two or more floors, a lockout switch shall be provided on each floor in order that mechanics working on the tower may positively lock the mechanism against starting. Only one start switch shall be used in the motor control circuit.
(b) All unused sides of pan cooling tower conveyors shall be enclosed or effectively guarded to a height of 7 feet above each floor.
(c) Wherever a pan cooling tower conveyor passes through a
floor, the opening shall be protected by a standard railing and
toeboard as defined by the general safety and health
standard((s)), chapter 296-24 WAC and safety and health core
rules, chapter 296-800 WAC, or by other equivalent protection.
(d) Wherever a pan conveyor passes over a main aisleway, regularly occupied work area, or passageway, the underside of the conveyor shall be completely enclosed to prevent pans, broken chains, or other material from falling in the aisleway, work area or passageway.
(e) Sprocket wheels of pan conveyors shall be enclosed so that accidental contact cannot be made at the point where the chain comes in contact with the sprocket.
(f) Wherever conveyor bars, flights, and attachments pass in opposite directions within 6 inches of each other, a sheet metal partition or screen with openings no larger than one-half inch shall be placed between the conveyor chains which run in opposite directions.
(13) Chocolate melting, refining, and mixing kettles. Each kettle shall be provided with a cover to enclose the top of the kettle. The bottom outlet of each kettle shall be of such size and shape that the operator cannot reach in to touch the revolving paddle or come in contact with the shear point between the paddle and the side of the kettle.
(14) Caddie, cover, and box stitchers (wire stitchers). A guard shall be mounted on the stitching head to prevent operators from getting fingers caught between the stitching head and the clincher block.
(15) Carton-wrapping and bundling machines. The end seal drums on carton and bundling machines shall be provided with guards.
(16) Carton and lining feeding machines. Cutting knives shall be provided with a hinged hood to cover the knives. These guards shall be electrically interlocked to stop the machine if they are removed.
(17) Peanut cooling trucks. Mechanically operated peanut cooling trucks shall have a grid-type cover over the entire top.
[Order 74-17, 296-302-060, filed 5/6/74.]
(2) Oil burners shall be of a type approved by Underwriters'
Laboratories, Inc. (See WAC ((296-24-006, of the general safety
and health standards)) 296-800-360, using standards from outside
organizations.)
(a) Each oil burner shall be equipped with an electric ignition or gas pilot.
(b) Oil burners shall be protected against flame failure and overflowing of oil by a quick-acting combustion safeguard operated by the main burner flame. The time interval between flame failure and fuel shutoff shall be short enough to prevent a dangerous accumulation of an explosive mixture or the entry of a dangerous amount of fuel oil into the heating system; with the exception that on ovens requiring 150,000 b.t.u. per hour or less any combustion safeguard listed by the Underwriters Laboratories, Inc., may be used. (See WAC 296-24-006, of the general safety and health standards.)
(c) The shutting off of the fuel supply shall be accomplished by stopping the individual burner pump equipped with a pressure cutoff valve, or by closing a suitable valve.
(d) Oil-fired ovens shall have dampers so arranged that a small amount of air is passed through the furnace at all times.
(e) Oil burners capable of being withdrawn from the furnace (for adjustment, etc.) shall be provided with an interlock which will prevent the burner from starting when in the withdrawn position.
(f) Preheating of oil, where necessary, shall be done by steam, hot water, or electric heater, and shall be thermostatically controlled. Heaters shall be substantially constructed with all joints made oil tight. Thermometers shall be installed at accessible locations to indicate the temperature of the heated oil. Heaters shall be bypassed or provided with means to prevent abnormal pressure.
(g) Oil burners equipped with mechanical means for supplying air shall have an interlock between the air pressure and the oil supply so that the burner cannot operate unless air for proper combustion is available.
(3) High-pressure atomizing oil burners shall be provided with a pressure cutoff valve between the pump and the nozzle.
(4) Air atomizing burners equipped with maximum-minimum or modulating controls, and which are arranged to have the ignition turned off after initial lighting has been accomplished, shall be equipped with a quick-acting flame safeguard directly actuated by the main flame of the burner.
(5) Mechanical atomizing burners of the rotary type shall be operated on the on-off principle and shall be equipped with safeguards actuated by the main flame.
(6) Evaporator-type burners shall be installed in such a way that provision is made to open the draft damper before oil can be admitted to the burners.
(7) Burners supplied by "vapofiers" shall be equipped with a protected gas or electric pilot. In combination vapofier-gas heating systems, the burner shall be protected in accordance with the requirements of WAC 296-302-06509.
[Order 74-17, 296-302-06513, filed 5/6/74.]
OTS-4142.2
AMENDATORY SECTION(Amending Order 74-18, filed 5/6/74)
WAC 296-303-01001
General industrial safety standards.
(1)
General. These standards shall be augmented by the Washington
state general safety and health standards, and any other
regulations of general application which are or will be made
applicable to all industries.
(2) Additional requirements. The employer shall comply with
the provisions of the standards referenced in this section. In
the event of any conflict between this section and WAC 296-303-015 through 296-303-040, the requirements of WAC 296-303-015 through 296-303-040 shall apply. The provisions of
this chapter shall prevail in the event of conflict with, or
duplication of, provisions contained in chapters 296-24 ((and)),
296-62, and 296-800 WAC.
(a) Industrial lighting. American National Standard Practice for Industrial Lighting, ANSI A11.1-1965 (R-1970).
(b) Floor and wall openings, railings, and toeboards. American National Standard Safety Requirements for Floor and Wall Openings, Railings, and Toeboards, ANSI A13.1-1956.
(c) Identification of piping systems. American National Standard Safety Standard for Mechanical Power Transmission Apparatus, ANSI A13.1-1956.
(d) Mechanical power transmission apparatus. American National Standard Safety Standard for Mechanical Power Transmission Apparatus, ANSI B15.1-1971.
(e) Pressure piping -- Power piping. American National Standard Code for Pressure Piping -- Power Piping, ANSI B31.1.0-1967. Addenda to the American National Standard Code for Pressure Piping -- Power Piping, ANSI B31.1.0a-1969.
(f) Sanitation. American National Standard Requirements for Sanitation in Places of Employment, ANSI Z4.1-1968.
(g) Local exhaust systems. American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1960.
(h) Gas appliances and gas piping. American National Standard for the Installation of Gas Appliances and Gas Piping, ANSI Z21.30-1964.
(3) WAC ((296-24-006 through)) 296-24-012 ((of the general
safety and health standards, chapter 296-24 WAC,)) and
296-800-360 shall apply where applicable to this industry.
[Order 74-18, 296-303-01001, filed 5/6/74.]
OTS-4143.1
AMENDATORY SECTION(Amending WSR 98-02-006, filed 12/26/97,
effective 3/1/98)
WAC 296-304-010
Scope and application.
(1) The provisions
and standards of the general safety and health standards,
chapters 296-24 ((and)), 296-62 and 296-800 WAC, and such other
codes and standards as are promulgated by the department of labor
and industries which are applicable to all industries, shall be
applicable in the ship repairing, shipbuilding, or shipbreaking
industries whenever the employees are covered under the
Washington State Industrial Safety and Health Act, chapter 49.17 RCW. The rules of this chapter and the rules of the
aforementioned chapters 296-24 ((and)), 296-62, and 296-800 WAC
are applicable to all ship repairing, shipbuilding, and
shipbreaking industries and operations, provided that such rules
shall not be applicable to those operations under the exclusive
safety jurisdiction of the federal government.
(2) The responsibility for compliance with these regulations is placed upon "employers" as defined in WAC 296-304-01001.
(3) It is not the intent of these regulations to place additional responsibilities or duties on owners, operators, agents or masters of vessels unless such persons are acting as employers, nor is it the intent of these regulations to relieve such owners, operators, agents or masters of vessels from responsibilities or duties now placed upon them by law, regulation or custom.
(4) The responsibilities placed upon the competent person herein shall be deemed to be the responsibilities of the employer.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, 296-304-010, filed 12/26/97, effective 3/1/98. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 95-22-015, 296-304-010, filed 10/20/95, effective 1/16/96. Statutory Authority: Chapter 49.17 RCW. 95-04-006, 296-304-010, filed 1/18/95, effective 3/10/95; 89-11-035 (Order 89-03), 296-304-010, filed 5/15/89, effective 6/30/89; Order 75-6, 296-304-010, filed 3/10/75; Order 74-25, 296-304-010, filed 5/7/74.]
Has a flash point below 140F, closed cup, or is subject to spontaneous heating;
Has a threshold limit value below 500 p.p.m. in the case of a gas or vapor, below 500 mg./m.3 for fumes, and below 25 m.p.p.c.f. in case of a dust;
Has a single dose oral LD50 below 500 mg./kg.;
Is subject to polymerization with the release of large amounts of energy;
Is a strong oxidizing or reducing agent;
Causes first degree burns to skin in short time exposure, or is systematically toxic by skin contact; or
In the course of normal operations, may produce dusts, gases, fumes, vapors, mists, or smokes that have one or more of the above characteristics.
(1) No chemical product, such as a solvent or preservative; no structural material, such as cadmium or zinc coated steel, or plastic material; and no process material, such as welding filler metal; which is a hazardous material may be used until the employer has ascertained the potential fire, toxic, or reactivity hazards which are likely to be encountered in the handling, application, or utilization of such a material.
(2) In order to ascertain the hazards, as required by subsection (1) of this section, the employer shall obtain the following items of information which are applicable to a specific product or material to be used:
(a) The name, address, and telephone number of the source of the information specified in this section preferably those of the manufacturer of the product or material.
(b) The trade name and synonyms for a mixture of chemicals, a basic structural material, or for a process material; and the chemical name and synonyms, chemical family, and formula for a single chemical.
(c) Chemical names of hazardous ingredients, including, but not limited to, those in mixtures, such as those in: (i) Paints, preservatives, and solvents; (ii) alloys, metallic coatings, filler metals and their coatings or core fluxes; and (iii) other liquids, solids, or gases (e.g., abrasive materials).
(d) An indication of the percentage, by weight or volume, which each ingredient of a mixture bears to the whole mixture, and of the threshold limit value of each ingredient, in appropriate units.
(e) Physical data about a single chemical or a mixture of chemicals, including boiling point, in degrees Fahrenheit; vapor pressure, in millimeters of mercury; vapor density of gas or vapor (air=1); solubility in water, in percent by weight; specific gravity of material (water=1); percentage volatile, by volume, at 70F.; evaporation rate for liquids (either butyl acetate or ether may be taken as 1); and appearance and odor.
(f) Fire and explosion hazard data about a single chemical or a mixture of chemicals, including flashpoint, in degrees Fahrenheit; flammable limits, in percent by volume in air; suitable extinguishing media or agents; special fire fighting procedures; and unusual fire and explosion hazard information.
(g) Health hazard data, including threshold limit value, in appropriate units, for a single hazardous chemical or for the individual hazardous ingredients of a mixture as appropriate, effects of overexposure; and emergency and first aid procedures.
(h) Reactivity data, including stability, incompatibility, hazardous decomposition products, and hazardous polymerization.
(i) Procedures to be followed and precautions to be taken in cleaning up and disposing of materials leaked or spilled.
(j) Special protection information, including use of personal protective equipment, such as respirators, eye protection, and protective clothing, and of ventilation, such as local exhaust, general, special, or other types.
(k) Special precautionary information about handling and storing.
(l) Any other general precautionary information.
(3) The pertinent information required by subsection (2) of this section shall be recorded either on United States Department of Labor Form LSB 00S-4, Material Safety Data Sheet, or on an essentially similar form which has been approved by the department of labor and industries. Copies of Form LSB 00S-4 may be obtained at any of the following regional offices of the occupational safety and health administration:
(a) Pacific region. (Arizona, California, Hawaii, and Nevada.)
10353 Federal Building, 450 Golden Gate Avenue, Box 36017, San Francisco, Calif. 94102.
(b) Region X, OSHA, (Alaska, Washington, Idaho, and Oregon), Federal Office Building, 909 First Avenue, Seattle, Washington 98174.
A completed MSDS form shall be preserved and available for inspection for each hazardous chemical on the worksite.
(4) The employer shall instruct employees who will be exposed to the hazardous materials as to the nature of the hazards and the means of avoiding them.
(5) The employer shall provide all necessary controls, and the employees shall be protected by suitable personal protective equipment against the hazards identified under subsection (1) of this section and those hazards for which specific precautions are required in WAC 296-304-020 through 296-304-04013.
(6) The employer shall provide adequate washing facilities for employees engaged in the application of paints or coatings or in other operations where contaminants can, by ingestion or absorption, be detrimental to the health of the employees. The employer shall encourage good personal hygiene practices by informing the employees of the need for removing surface contaminants by thorough washing of hands and face prior to eating or smoking.
(7) The employer shall not permit eating or smoking in areas undergoing surface preparation or preservation or where shiprepairing, shipbuilding, or shipbreaking operations produce atmospheric contamination.
(8) The employer shall not permit employees to work in the immediate vicinity of uncovered garbage and shall ensure that employees working beneath or on the outboard side of a vessel are not subject to contamination by drainage or waste from overboard discharges.
(9) Requirements of ((chapter 296-62 WAC, Part C)) WAC 296-800-170, Chemical hazard communication program, will apply to
shiprepairing, shipbuilding, and shipbreaking when potential
hazards of chemicals and communicating information concerning
hazards and appropriate protective equipment is applicable to an
operation.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, 296-304-06013, filed 12/26/97, effective 3/1/98. Statutory Authority: Chapter 49.17 RCW. 95-04-006, 296-304-06013, filed 1/18/95, effective 3/10/95; 88-14-108 (Order 88-11), 296-304-06013, filed 7/6/88; Order 76-7, 296-304-06013, filed 3/1/76; Order 74-25, 296-304-06013, filed 5/7/74.]
OTS-4144.2
AMENDATORY SECTION(Amending WSR 99-05-080, filed 2/17/99,
effective 6/1/99)
WAC 296-305-01003
Scope and application.
(1) The rules of
this chapter shall apply with respect to any and all activities,
operations and equipment of employers and employees involved in
providing fire protection services which are subject to the
provisions of the Washington Industrial Safety and Health Act of
1973 (chapter 49.17 RCW).
(2) The provisions of this chapter apply to all fire fighters and their work places, including the fire combat scene. Although enforcement of applicable standards will result from provable violations of these standards at the fire combat scene, agents of the department will not act in any manner that will reduce or interfere with the effectiveness of the emergency response of a fire fighting unit. Activities directly related to the combating of a fire will not be subjected to the immediate restraint provisions of RCW 49.17.130.
(3) In the development of this document many consensus standards of the industry were considered and evaluated as to adaptability to the Washington state fire service industry. Where adaptable and meaningful, the fire fighter safety elements of these standards were incorporated into this WAC. Chapter 296-305 WAC, shall be considered as the fire fighter safety standards for the state of Washington.
(4) The provisions of this chapter cover existing requirements that apply to all fire departments. All fire departments shall have in place their own policy statement and operating instructions that meet or exceed these requirements. This chapter contains state and/or federal performance criteria that fire departments shall meet.
(5) Unless specifically stated otherwise by rule, if a duplication of regulations, or a conflict exists between the rules regulating wildland fire fighting and other rules in the chapter, only the rules regulating wildland fire fighting shall apply to wildland fire fighting activities and equipment.
(6) The provisions of this chapter shall be supplemented by
the provisions of the general safety and health standards of the
department of labor and industries, chapters 296-24 (including
Part G-2, Fire protection) ((and)), 296-62 and 296-800 WAC. In
the event of conflict between any provision(s) of this chapter
and any provision(s) of the general safety and health standards,
the provision(s) of this chapter shall apply.
(7) The provisions of this standard do not apply to industrial fire brigades, as defined in this chapter. Industrial fire brigades are covered under the provisions of chapter 296-24 WAC, Part G-2, Fire protection.
[Statutory Authority: RCW 49.17.040. 99-05-080, 296-305-01003, filed 2/17/99, effective 6/1/99. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-01003, filed 5/10/96, effective 1/1/97.]
Accident: An unexpected event that interrupts or interferes with the orderly progress of the fire department operations and may or may not include personal injury or property damage.
Accountability system: A system of fire fighter accountability that provides for the tracking and inventory of all members.
ACGIH: American Conference of Governmental Industrial Hygienists.
Aerial ladder: A ladder mounted on top of an apparatus, hydraulic or pneumatic controlled.
Aerial tower: Telescopic elevating platform or water tower assembly usually with a ladder on top of the section.
Aerial platform: A device consisting of two or more booms or sections with a passenger carrying platform assembly.
ANSI: American National Standards Institute.
Apparatus: A mobile piece of fire equipment such as a pumper, aerial, tender, automobile, etc.
Approved:
(1) A method, equipment, procedure, practice, tool, etc., which is sanctioned, consented to, confirmed or accepted as good or satisfactory for a particular purpose or use by a person, or organization authorized to make such a judgment.
(2) Means approved by the director of the department of
labor and industries or his/her authorized representative:
Provided, however, That should a provision of this chapter state
that approval by an agency or organization other than the
department of labor and industries is required, such as
Underwriters' Laboratories or the Bureau of Mines, the provisions
of chapter ((296-24)) 296-800 WAC((, Part A-1,)) shall apply.
Audiogram: A chart, graph, or table resulting from an audiometric test showing an individual's hearing threshold levels as a function of frequency.
Authorized person: A person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the job site.
Beacon: A flashing or rotating light.
Bloodborne pathogens: Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).
Blowup (wildfire): Sudden increase in fire intensity or rate of spread sufficient to preclude direct control or to upset existing control plans. Often accompanied by violent convection and may have other characteristics of a fire storm.
Chemical-protective clothing: Items made from chemical-resistive materials, such as clothing, hood, boots, and gloves, that are designed and configured to protect the wearer's torso, head, arms, legs, hands, and feet from hazardous materials. Chemical-protective clothing (garments) can be constructed as a single, or multi-piece, garment. The garment may completely enclose the wearer either by itself or in combination with the wearer's respiratory protection, attached or detachable hood, gloves, and boots.
Chief: The employer representative highest in rank who is responsible for the fire department's operation.
Combat scene: The site where the suppression of a fire or emergency exists.
Confinement: Those procedures taken to keep a material in a defined or local area.
Confined space: Means a space that:
(1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and
(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); and
(3) Is not designed for continuous employee occupancy.
Containment: The actions taken to keep a material in its container (e.g. stop the release of the material or reduce the amount being released.)
Contaminated: The presence or the reasonably anticipated presence of nuisance materials foreign to the normal atmospheres, blood, hazardous waste, or other potentially infectious materials on an item or surface.
Contaminated laundry: Laundry which has been soiled with blood or other potentially infectious materials or may contain contaminated sharps.
Contamination: The process of transferring a hazardous material from its source to people, animals, the environment, or equipment, which may act as a carrier.
dBA: A measure of noise level expressed as decibels measured on the "A" scale.
Deck pipe: A permanently mounted device which delivers a large stream of water.
Decontamination:
(1) The physical or chemical process of reducing and preventing the spread of contamination from persons or equipment used at a hazardous materials incident.
(2) The use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.
Department: Department of labor and industries.
Director of fire department: The chief or principle administrator of the fire department.
Director: The director of the department of labor and industries, or his/her designated representative.
Disinfection: A procedure which inactivates virtually all recognized pathogenic microorganisms, but not necessarily all microbial forms (example: bacterial endospores) on inanimate objects.
Drill tower: A structure which may or may not be attached to the station and which is principally used for training fire fighters in fire service techniques.
Driver: A person having satisfactorily completed the fire department's "requirements of driver" of a specific piece of fire apparatus.
Emergency: A sudden and unexpected event calling for immediate action.
Emergency incident: A specific emergency operation.
Emergency medical care: The provision of treatment to, and/or transportation of, patients which may include first-aid, cardiopulmonary resuscitation, basic life support, advanced life support, and other medical procedures that occur prior to arrival at a hospital or other health care facility.
Emergency operations: Activities of the fire department relating to rescue, fire suppression, emergency medical care, and special operations, including response to the scene of an incident and all functions performed at the scene.
Employee: An employee of an employer who is employed in the business of his/her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is their personal labor for an employer under this chapter whether by way of manual labor or otherwise. Also see "Member."
Employer: Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations.
Employer representative: A fire department officer authorized by the chief or director of the fire department to act in his/her behalf.
Engine (pumper): A piece of apparatus equipped with hose and a pump for the purpose of supplying water under pressure through hose lines.
Engineering control: Any procedure other than an administrative control that reduces exposures by modifying the source or reducing the exposure to an individual. Examples of engineering controls include the use of isolation, containment, encapsulation, sound absorbing materials for noise control, and ventilation.
Explosion proof equipment: Equipment enclosed in a case that is capable of withstanding an explosion or a specified gas or vapor which may occur within it and of preventing the ignition of a specified gas or vapor surrounding the enclosure by sparks, flashes, or explosion of the gas or vapor within, and which operates at such an external temperature that it will not ignite a surrounding flammable atmosphere.
Fastest means available: The (nearest-closest) telephone, portable radio, mobile radio, telephone/radio dispatcher or any other mode of mechanical communication.
Fire apparatus: A fire department emergency vehicle used for rescue, fire suppression, or other specialized functions.
Fire boat: A fire department watercraft having a permanent, affixed fire fighting capability.
Fire combat training: Training received by fire fighters on the drill ground, drill tower, or industrial site to maintain the fire fighter's proficiency.
Fire department: An organization providing any or all of the following: Rescue, fire suppression, and other related activities. For the purposes of this standard the term "Fire Department" shall include any public, private, or military organization engaging in this type of activity.
Fire department facility: Any building or area owned, operated, occupied, or used by a fire department on a routine basis. This does not include locations where a fire department may be summoned to perform emergency operations or other duties, unless such premises are normally under the control of the fire department.
Fire department safety officer: The member of the fire department assigned and authorized as the principal safety officer to perform the duties and responsibilities specified in this standard.
Fire fighter: A member of a fire department whose duties require the performance of essential fire fighting functions or substantially similar functions.
Fire retardant: Any material used to reduce, stop or prevent the flame spread.
Fly: Extendible sections of ground or aerial ladders.
Foot stand, ladder: Devices attached to inside of beams of ladders that when folded down, provide foot space.
Ground jack: Heavy jacks attached to frame of chassis of aerial-equipped apparatus to provide stability when the aerial portion of the apparatus is used.
Ground mobile attack: The activities of wildland fire fighting with hose lines being used by personnel working around a moving engine. See mobile attack.
Guideline: An organizational directive that establishes a standard course of action.
Halyard: Rope used on extension ladders for the purpose of raising or lowering fly section(s). A wire cable may be referred to as a halyard when used on the uppermost fly section(s) of three or four section extension ladders.
Hazard communication program: A procedure to address
comprehensively the issue of evaluating the potential hazards of
chemicals and communicating information concerning hazards and
appropriate protective measures to employees. See ((chapter 296-62 WAC, Part C)) WAC 296-800-170, Chemical Hazard
Communication((s)) Program.
Hazardous area: The immediate area where members might be exposed to a hazard.
Hazardous atmosphere: Any atmosphere, either immediately or not immediately dangerous to life or health, which is oxygen deficient or which contains a toxic or disease-producing contaminant.
Hazardous condition: The physical condition or act which is causally related to accident occurrence. The hazardous condition is related directly to both the accident type and the agency of the accident.
Hazardous material: A substance (solid, liquid, or gas) that when released is capable of creating harm to people, the environment, and property.
Hazardous substances: Substances that present an unusual risk to persons due to properties of toxicity, chemical activity, corrosivity, etiological hazards of similar properties.
HEPA filtration: High efficiency particulate air filtration found in vacuum system capable of filtering 0.3 micron particles with 99.97% efficiency.
Hose bed: Portion of fire apparatus where hose is stored.
Hose tower: A vertical enclosure where hose is hung to dry.
Hot zone: Area immediately surrounding a hazardous materials incident, which extends far enough to prevent adverse effects from hazardous materials releases to personnel outside the zone. This zone is also referred to as the exclusion zone or the restricted zone in other documents.
Identify: To select or indicate verbally or in writing using recognized standard terms. To establish the identity of; the fact of being the same as the one described.
IDLH: Immediately dangerous to life and health.
Imminent hazard (danger): An act or condition that is judged to present a danger to persons or property and is so immediate and severe that it requires immediate corrective or preventative action.
Incident commander: The person in overall command of an emergency incident. This person is responsible for the direction and coordination of the response effort.
Incident command system (ICS): A system that includes: Roles, responsibilities, operating requirements, guidelines and procedures for organizing and operating an on-scene management structure.
Incipient (phase) fire: The beginning of a fire; where the oxygen content in the air has not been significantly reduced and the fire is producing minute amounts of water vapor, carbon dioxide, carbon monoxide and other gases; the room has a normal temperature and can be controlled or extinguished with a portable fire extinguisher or small hose, e.g., a kitchen stove fire.
Industrial fire brigade: An organized group of employees whose primary employment is other than fire fighting who are knowledgeable, trained and skilled in specialized operations based on site-specific hazards present at a single commercial facility or facilities under the same management.
Initial stage (initial action): Shall encompass the control efforts taken by resources which are first to arrive at an incident.
Injury: Physical damage suffered by a person that requires treatment by a practitioner of medicine (a physician, nurse, paramedic or EMT) within one year of the incident regardless of whether treatment was actually received.
Interior structural fire fighting: The physical activity of fire suppression, rescue or both, inside of buildings or enclosed structures which are involved in a fire situation beyond the incipient stage. See structural fire fighting.
Life safety or rescue rope: Rope dedicated solely for the purpose of constructing lines for supporting people during rescue, fire fighting, or other emergency operations, or during training evolutions.
Line: Rope when in use.
Live fire training: Any fire set within a structure, tank, pipe, pan, etc., under controlled conditions to facilitate the training of fire fighters under actual fire conditions.
Locking in: The act of securing oneself to a ladder by hooking a leg over a rung and placing top of foot against the other leg or against the ladder.
Manned station: See staffed station.
May: A permissive use or an alternative method to a specified requirement.
Member: A person involved in performing the duties and responsibilities of a fire department under the auspices of the organization. A fire department member may be a full-time or part-time employee or a paid or unpaid volunteer, may occupy any position or rank within the fire department, and engages in emergency operations. Also see Employee.
Mobile attack: The act of fighting wildland fires from a moving engine.
Monitor: A portable appliance that delivers a large stream of water.
Mop up: The act of making a wildfire/wildland fire safe after it is controlled, such as extinguishing or removing burning materials along or near the control line, felling snags, trenching logs to prevent rolling.
NFPA: National Fire Protection Association.
NIIMS: National Interagency Incident Management System.
NIOSH: National Institute of Occupational Safety and Health.
Nondestructive testing: A test to determine the characteristics or properties of a material or substance that does not involve its destruction or deterioration.
Nonskid: The surface treatment that lessens the tendency of a foreign substance to reduce the coefficient of friction between opposing surfaces.
Occupational exposure: Means reasonably anticipated skin, eye, mucous membrane or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties.
Officer: (1) Person in charge of a particular task or assignment.
(2) A supervisor.
OSHA: Occupational Safety and Health Administration.
Other potentially infectious materials (OPIM): (1) The following body fluids: Semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids;
(2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and
(3) HIV-containing cell or tissue cultures, organ cultures, and HIV-or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.
Outrigger: Manually or hydraulically operated metal enclosures and jacks which are extended and placed in contact with the ground to give the apparatus a wide, solid base to support different loads.
Overhauling: That portion of fire extinguishment involving discovery of hidden fires or smoldering material.
PASS: Personal alert safety system.
PEL: Permissible exposure limit.
Personal protective equipment (PPE): (1) The equipment provided to shield or isolate a person from the chemical, physical, and thermal hazards that may be encountered at a hazardous materials incident. Personal protective equipment includes both personal protective clothing and respiratory protection. Adequate personal protective equipment should protect the respiratory system, skin, eyes, face, hands, feet, head, body, and hearing.
(2) Specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (e.g., uniforms, pants, shirts, or blouses) not intended to function as protection against a hazard are not considered to be personal protective equipment.
Place of employment: Any premises, room or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control. For the purposes of this code, fireground and emergency scenes are also considered places of employment.
Platform: The portion of a telescoping or articulating boom used as a working surface.
Positive communication: Visual, audible, physical, safety guide rope, or electronic means which allows for two way message generation and reception.
PPE: Personal protective equipment.
Prefire training: The training of fire fighters in recognizing sources and locations of potential fires and the method of fire combat to be used.
Probable fatality: (1) An occupational injury or illness, which, by the doctor's prognosis, could lead to death.
(2) An occupational injury or illness, which by its very nature, is considered life threatening.
Protective clothing: Equipment designed to protect the wearer from heat and/or hazardous materials contacting the skin or eyes. Protective clothing is divided into five types:
(1) Structural fire fighting protective clothing;
(2) Liquid splash-protective clothing;
(3) Vapor-protective clothing;
(4) High temperature-protective proximity clothing; and
(5) Wildland fire fighting clothing.
| Note: | See Protective ensemble. |
Proximity protective clothing: Radiant reflective protective garments configured as a coat and trousers, or as a coverall, and interface components that are designed to provide protection for the fire fighter's body from conductive, convective, and radiant heat.
Pumper: See engine.
Qualified: One who by possession of a recognized degree, certificate or professional standing, or who by knowledge, training or experience has successfully demonstrated his/her ability to solve or resolve problems related to the subject matter, the work or the project.
Rapid intervention team (RIT): On-scene team of at least two members designated, dedicated and equipped to effect an immediate rescue operation if the need arises.
RCW: Revised Code of Washington.
Rescue: Those activities directed at locating endangered persons at an emergency incident and removing those persons from danger.
Rescue craft: Any fire department watercraft used for rescue operations.
Respirator: A device designed to protect the wearer from breathing harmful atmospheres. See respiratory protection.
Respiratory equipment: Self-contained breathing apparatus designed to provide the wearer with a supply of respirable atmosphere carried in or generated by the breathing apparatus. When in use, this breathing apparatus requires no intake of air or oxygen from the outside atmosphere.
(1) Respirators (closed circuit): Those types of respirators which retain exhaled air in the system and recondition such air for breathing again.
(2) Respirators (open circuit): Those types of respirators which exhaust exhaled air to the outside of the mask into the ambient air.
(3) Respirators (demand): Those types of respirators whose input air to the mask is started when a negative pressure is generated by inhalation.
(4) Respirators (pressure demand): Those types of respirators which constantly and automatically maintain a positive pressure in the mask by the introduction of air when the positive pressure is lowered (usually from.018 psi to.064 psi) through the process of inhalation or leakage from the mask.
Respiratory protection: Equipment designed to protect the wearer from the inhalation of contaminants. Respiratory protection is divided into three types:
(1) Positive pressure self-contained breathing apparatus (SCBA);
(2) Positive pressure airline respirators;
(3) Negative pressure air purifying respirators.
Responding: The usual reference to the act of responding or traveling to an alarm or request for assistance.
Risk assessment: To set or determine the possibility of suffering harm or loss, and to what extent.
Safe and healthful working environment: The work surroundings of an employee with minimum exposure to unsafe acts and/or unsafe conditions.
Safety officer: Either the fire department safety officer or an assistant safety officer (see fire department safety officer).
Safety net: A rope or nylon strap net not to exceed 6-inch mesh, stretched and suspended above ground level at the base of drill tower, and at such a height that a falling body would be arrested prior to striking the ground.
Scabbard: A guard which will prevent accidental injury and covers the blade and pick of an axe or other sharp instrument when worn by the fire fighter.
SCBA: Self contained breathing apparatus.
Service testing: The regular, periodic inspection and testing of apparatus and equipment according to an established schedule and procedure, to insure that it is in safe and functional operating condition.
Shall: Mandatory.
Should: Recommended.
Signalman: A person so positioned that he/she can direct the driver when the drivers vision is obstructed or obscured.
SOP: Standard operating procedure or guidelines.
Staffed station: A fire station continuously occupied by fire fighters on scheduled work shifts. The staffed station may also serve as headquarters for volunteers.
Standard operating procedure or guidelines: An organizational directive that establishes a standard course of action. See SOP.
Station (fire station): Structure in which fire service apparatus and/or personnel are housed.
Structural fire fighting: The activities of rescuing, fire suppression, and property conservation involving buildings, enclosed structures, vehicles, vessels, or similar properties that are involved in a fire or emergency situation. See interior structural fire fighting.
Structural fire fighting protective clothing: This category of clothing, often called turnout or bunker gear, means the protective clothing normally worn by fire fighters during structural fire fighting operations. It includes a helmet, coat, pants, boots, gloves, and a hood. Structural fire fighters' protective clothing provides limited protection from heat but may not provide adequate protection from the harmful gases, vapors, liquids, or dusts that are encountered during hazardous materials incidents.
Support function: A hazardous chemical operation involving controlled chemical uses or exposures in nonflammable atmospheres with minimum threats in loss of life, personnel injury, or damage to property or to the environment. Functions include decontamination, remedial cleanup of identified chemicals, and training.
Support function protective garment: A chemical-protective suit that meets the requirements of NFPA Standard on Support Function Garments, 1993.
Tail/running board: Standing space on the side or rear of an engine or pumper apparatus.
Team: Two or more individuals who are working together in positive communication with each other through visual, audible, physical, safety guide rope, electronic, or other means to coordinate their activities and who are in close proximity to each other to provide assistance in case of emergency.
Tillerman: Rear driver of tractor-trailer aerial ladder.
Trench: A narrow excavation made below the surface of the ground. The depth is generally greater than the width, but the width of a trench is not greater than 15 feet.
Turnout clothing: See structural fire fighting protective clothing.
Turntable: The rotating surface located at the base of an aerial ladder, or boom, on aerial apparatus.
Universal precaution: An approach to infection control. According to the concept of universal precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other bloodborne pathogens.
Vapor barrier: Material used to prevent or substantially inhibit the transfer of water, corrosive liquids and steam or other hot vapors from the outside of a garment to the wearer's body.
Variance: An allowed or authorized deviation from specific standard(s) when an employer substitutes measures which afford an equal degree of safety. Variances are issued as temporary or permanent with interim measures issued, when requested, until a determination or decision is made.
Vessel: Means every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, including special-purpose floating structures not primarily designed for or used as a means of transportation on water.
WAC: Washington Administrative Code.
Wheel blocks (chocks): A block or wedge placed under a wheel to prevent motion.
Wildfire: An unplanned and unwanted fire requiring suppression action; an uncontrolled fire, usually spreading through vegetative fuels and often threatening structures.
Wildland fire: A fire burning in natural vegetation that requires an individual or crew(s) to expend more than one hour of labor to confine, control and extinguish. Agencies may substitute crews to avoid the one hour bench mark or increase crew size to complete the job in less than one hour. One hour was chosen as the maximum time that individuals should work in high temperatures in structural protective clothing.
Wildland fire fighting enclosure: A fire apparatus enclosure with a minimum of three sides and a bottom.
WISHA: Washington Industrial Safety Health Act.
Work environment: The surrounding conditions, influences or forces to which an employee is exposed while working.
Workplace: See place of employment.
WRD: WISHA regional directive.
[Statutory Authority: RCW 49.17.040. 99-05-080, 296-305-01005, filed 2/17/99, effective 6/1/99. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-01005, filed 5/10/96, effective 1/1/97.]
The notice of appeal should contain:
(1) The name and address of the appealing party and his/her representative if any;
(2) The place where the alleged safety violation occurred;
(3) A statement identifying the order, decision or citation appealed from, by report number and date of issuance;
(4) The grounds upon which the appealing party considers such order, decision, or citation to be unjust or unlawful;
(5) A statement of facts in support of each grounds stated;
(6) The relief sought, including the specific nature and extent;
(7) A statement that the person signing the notice of appeal has read it and to the best of his/her knowledge, information and belief there is good ground to support it. A notice of appeal may be signed by the party or by his/her authorized representative.
References:
((WAC 296-350-030, Notice of appeal--Filing and service.
WAC 296-350-040, Notice of appeal)) WAC 296-800-350, Inspections, citations and appeals--Contents RCW 49.17.140(3).
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-01009, filed 5/10/96, effective 1/1/97.]
(a) A safe and healthful working environment, as it applies to noncombat conditions or to combat conditions at a fire scene after the fire has been extinguished, as determined by the officer in charge.
(b) An accident prevention program as required by this chapter.
(c) Programs for training employees in the fundamentals of accident prevention.
(d) Procedures to be used by the fire department safety officer and incident commander to ensure that emergency medical care is provided for members on duty.
(e) An accident investigation program as required by this chapter.
(2) The fire department shall be responsible for providing suitable expertise to comply with all testing requirements in this chapter. Such expertise may be secured from within the fire department, from equipment and apparatus manufacturers, or other suitable sources.
(3) Members who are under the influence of alcohol or drugs shall not participate in any fire department operations or other functions. This rule does not apply to persons taking prescription drugs as directed by a physician or dentist providing such use does not endanger the worker or others.
(4) Alcoholic beverages shall not be allowed in station houses, except at those times when station houses are used as community centers, with the approval of management.
(5) A bulletin board or posting area exclusively for safety and health and large enough to display the required safety and health posters. The WISHA poster (WISHA form F416-081-000) and other safety education material shall be provided. A bulletin board of "white background" and "green trim" is recommended.
(6) The fire department shall develop and maintain a hazard
communication program as required by ((chapter 296-62 WAC, Part
C)) WAC 296-800-170, which will provide information to all
employees relative to hazardous chemicals or substances to which
they are exposed, or may routinely be exposed to, in the course
of their employment.
(7) Personnel.
(a) The employer shall assure that employees who are expected to do interior structural fire fighting are physically capable of performing duties that may be assigned to them during emergencies.
(b) The employer shall not permit employees with known physical limitations reasonably identifiable to the employer, for example, heart disease or seizure disorder, to participate in structural fire fighting emergency activities unless the employee has been released by a physician to participate in such activities.
[Statutory Authority: RCW 49.17.040. 99-05-080, 296-305-01509, filed 2/17/99, effective 6/1/99. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-01509, filed 5/10/96, effective 1/1/97.]
(2) New fire fighters shall have such first-aid training within 90 days of the date of their employment or enroll for training in the next available class for which they are eligible.
(3) First-aid training and certification for other employees
and directors of fire departments shall conform to the
requirements of ((chapter 296-24 WAC, Part A-1)) WAC 296-800-150.
(4) Fire service duties include exposure to bloodborne pathogens. The requirements of this section and chapter 296-62 WAC, Part J, Biological Agents, shall apply.
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-01515, filed 5/10/96, effective 1/1/97.]
1 (one) utility scissors, EMT-type
1 CPR barrier
3 (three) rolls 1 inch adhesive tape
6 (six) 4" x 4" sterile, individually wrapped gauze pads
4 (four) combination pads, sterile, individually wrapped
4 (four) soft roller bandages, assorted size, sterile, individually wrapped cling type
2 (two) burn sheets, sterile, individually wrapped
2 (two) triangular bandages
1 (one) multi-trauma dressing, sterile
2 (two) supply disposable gloves
2 (two) wire splints or equivalent
(2) All fire stations shall maintain a first-aid kit. The kit shall contain at least the following items:
6 (six) 4" x 4" sterile, individually wrapped gauze pads
4 (four) combination pads, sterile, individually wrapped
2 (two) rolls 1 inch adhesive tape
4 (four) soft roller bandages, assorted size, sterile, individually wrapped cling type
2 (two) triangular bandages
1 (one) utility scissors, EMT-type
1 (one) pair tweezers
1 (one) package assorted adhesive bandages
(3) All fire apparatus shall contain a first-aid kit as
described in ((chapter 296-24 WAC, Part A-1)) WAC 296-800-150.
(4) All fire departments providing emergency medical services to the public shall conform to the requirements of chapter 18.73 RCW Emergency Care and Transportation Services (and if applicable, chapter 248-17 WAC, Ambulance Rules and Regulations) which require additional first-aid equipment.
Additional references: Chapter ((294-24)) 296-800 WAC((,
Part A-1)).
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-01517, filed 5/10/96, effective 1/1/97.]
(a) The platform shall have a minimum floor area of fourteen square feet.
(b) The platform shall be provided with a guard railing. The guard railing shall be 42 to 45 inches high on all sides.
(c) The railing shall be constructed so that there is no opening below it greater than 19 inches.
(d) There shall be two gates below the top railing, each of which shall be provided with suitable safety latches.
(e) A kick plate not less than four inches high shall be provided around the floor of the platform.
(f) Drain openings shall be provided to prevent water accumulation on the platform.
(g) A heat-protective shield shall be provided on the platform for the protection of the operator.
(h) Hydraulic or pneumatic systems shall have a minimum bursting strength of at least four times the operating pressure for which the system is designed.
(i) The basic structural elements of the hydraulic or articulating boom shall have a safety factor of three.
(j) Each hydraulic or pneumatic system for the boom shall be equipped with a pilot operated check valve or other appropriate device to prevent free fall in the event of hydraulic failure.
(2) Requirements related to the controlling of elevated platforms:
(a) A control or device shall be provided at both the lower control station and the platform control station to allow either operator to completely deactivate the platform controls.
(b) During the deactivation of the platform controls, the lower controls shall remain operable.
(c) A plate shall be located at the platform control unit or units listing the following information:
(i) Model and serial number of the manufacturer;
(ii) Rated capacity of the platform;
(iii) Operating pressure of the hydraulic or pneumatic systems or both;
(iv) Caution or restriction of operation or both; and
(v) Control instructions.
(vi) This plate shall be clearly visible to the operator at the lower control position.
(d) There shall be an operator at the lower controls at all times while the fire fighter is in the bucket.
(e) The operator at the lower controls shall make certain the fire fighter on the platform is secured by his life belt, or equivalent, before raising the platform.
(3) Testing of elevated platforms and related apparatus shall be conducted annually.
(a) Testing of elevated platforms and related apparatus shall be in accordance with NFPA, Standard for Testing Fire Department Aerial Ladders 1914, 1991 edition.
(b) It is recommended that the boom section as well as the support section of the apparatus which supports the turntable should be nondestructively tested by a certified testing agency every five years.
(c) After any accident that causes structural damage, testing shall be performed and all defects detected shall be corrected before the apparatus is returned to service.
(d) Elevated platform testing shall follow recommendations of the current National Fire Code.
(e) Fire apparatus elevated platforms shall be positioned for the greatest stability feasible at the fire scene.
(4) A two-way voice communication system shall be installed between the platform and the lower control station.
(5) Automotive apparatus used in conjunction with elevated platforms shall be used in accordance with the following:
(a) Hand or air brakes shall be set before the platform is operated.
(b) Jacks or outriggers shall be used if the platform is to be elevated.
(c) Wheel blocks shall also be used when the platform is in operation unless the type of apparatus is one that has wheels that lift off the ground when the jacks or outriggers are engaged.
(d) Ground plates shall be used under the outriggers or jacks.
(e) Sand shall be put under jacks and outriggers when operating on ice or snow.
(f) When working on or near energized electrical lines, the fire department shall develop operational procedures for observing the following minimum working clearances:
(i) For lines rated 50 kv or below, the minimum clearance shall be ten feet.
(ii) For lines rated over 50 kv, the minimum clearance shall be ten feet plus 0.4 inch for each 1 kv.
(iii) For low voltage lines (operating at 750 volts or less), the work shall be performed in a manner to prevent the fire fighters contacting the energized conductor.
(6) Appliances mounted on elevated platforms. Platform mounted monitors shall be operated in accordance with the manufacturer's instructions.
Additional References: WAC ((296-24-885)) 296-24-880.
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-04511, filed 5/10/96, effective 1/1/97.]
(2) Training on medical procedures shall conform to WAC 296-305-02501.
(3) Training on respiratory equipment shall conform to chapter 296-62 WAC, Part E, Respiratory protection, and WAC 296-305-04001.
(4) Training on employee right-to-know procedures shall
conform to ((chapter 296-62 WAC, Part C)) WAC 296-800-170,
chemical hazard communication program.
(5) Training on overhaul procedures and operations shall conform to WAC 296-305-05001.
(6) Training on wildland fires shall conform to WAC 296-305-07001 through 296-305-07019.
(7) Training on confined space entry and/or rescue shall conform to chapter 296-62 WAC, Part M, Permit-required confined spaces and WAC 296-305-05003.
(8) Live fire training in structures shall conform to NFPA 1403 and this section.
(9) The employer shall provide training and education for all members commensurate with those duties and functions that members are expected to perform. Such training and education shall be provided to members before they perform emergency activities. Fire service leaders and training instructors shall be provided with training and education which is more comprehensive than that provided to the general membership of the fire department.
(10) The employer shall assure that training and education is conducted frequently enough to assure that each member is able to perform the member's assigned duties and functions satisfactorily and in a safe manner so as not to endanger members or other employees. All members shall be provided with training at least annually. In addition, members who are expected to perform interior structural fire fighting shall be provided with an education session or training at least quarterly.
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-05503, filed 5/10/96, effective 1/1/97.]
(1) Ladder locks or pawls on extension ladders shall be so fastened or secured to the beams that vibration and use will not cause loosening of bolts and nuts.
(a) Pawls or ladder locks shall be so constructed that the hook portion of the pawl that engages the rung shall have sufficient bearing surface or area to prevent the hook from cutting into rungs when engaged.
(b) Such hooks shall be properly finished to eliminate sharp edges and points.
(2) Staypoles or tormenters shall be furnished on all extension ladders extending over forty feet. Staypole or tormenters spikes shall not project beyond the butt of the ladder when nested.
(3) All ladders shall be stored in a manner to provide ease of access for inspection, and to prevent danger of accident when withdrawing them for use.
(4) Fire fighters shall climb and descend ground ladders with the fly in, for safety purposes, when not in conflict with the manufacturer's recommendations. Even when ladders are routinely used in the fly out configuration, in adverse conditions fire fighters shall be permitted to climb and descend ground ladders with the fly in to assure secure footing.
(5) All ladders regardless of type shall be inspected thoroughly after each use. Records shall be kept of the inspections and repairs.
(6) The following metal ladder components shall be checked:
(a) Rungs for welds, damage or weakness caused by overloading or bumping against other objects, looseness and cracks, etc.
(b) Beams for welds, rivets and bolts, signs of strain or metal fatigue, and deformation from heat or overloading.
(c) Bolts and rivets for tightness.
(d) Butt spurs for excessive wear or other defects.
(e) Halyards for the same defects listed for wood ladder halyards and cable halyards, for fraying or breaking.
(f) Heat sensor label, when provided, for change indicating heat exposure.
(7) The following wood ladder components shall be checked:
(a) Bolts for snugness and tightness without crushing the wood.
(b) Beams for dark streaks; when a wood ground ladder develops dark streaks in the beams, the ladder shall be removed from service and service tested as specified in this chapter, prior to further use.
(c) Protective varnish finish for damage or wear, at least once a month and redone annually or at such frequency as specified by the manufacturer. If the protective finish becomes charred or blistered, the ladder shall be removed from service and service tested as specified in this chapter, prior to further use.
(8) Methods of fastening ladder halyards, either of wire or fibrous material, shall be in a manner that the connection is stronger than the halyard.
(9) Any defect noted in above visual inspection shall be corrected prior to testing.
(10) Every portable ladder shall be tested following the correction of defects disclosed by the visual inspections.
(11) New ground ladders purchased after the effective date of this chapter shall be constructed and certified in accordance with the requirements of NFPA Standard 1931, 1994 edition.
(12) All fireground ladders shall be inspected and maintained in accordance with the requirements of the 1994 edition of NFPA 1932. When metal ground ladders are tested, they shall be tested in accordance with the strength service testing procedures of the 1984 edition of NFPA 1932.
(a) Extension ladders that were constructed prior to the adoption of the 1984 edition of NFPA 1931, may, when tested in accordance with this chapter, be tested with a minimum test load of 400 pounds and a preload of 300 pounds. Ladders tested under this exception shall be used with a maximum load limit of 500 pound distributed or 400 pound concentrated. Ladders shall be tested in the configuration they are used.
(b) Additional requirements for wooden ground ladders; whenever any wood ground ladder has been exposed or is suspected of having been exposed to direct flame contact the ladder shall be service tested as specified in section 5-2 of NFPA Standard 1932, 1984 edition.
Note 1:
Hardness testing and eddy current NDE testing is not required in the fire department annual maintenance inspection
unless the individual ladder has been subjected to a high heat exposure which could have annealed the metal and
diminished the structural integrity. The ladder manufacturer's recommendations should be followed with respect to
hardness and eddy current testing.
Note 2:
Testing should follow the recommended procedures taught by Washington State Fire Protection Bureau.
Additional references: Chapter 296-24 WAC, Part J-1 and WAC 296-800-290.
[Statutory Authority: RCW 49.17.040. 99-05-080, 296-305-06005, filed 2/17/99, effective 6/1/99. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-06005, filed 5/10/96, effective 1/1/97. Statutory Authority: Chapter 49.17 RCW. 88-14-108 (Order 88-11), 296-305-06005, filed 7/6/88. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), 296-305-06005, filed 11/30/83; Order 77-20, 296-305-06005, filed 10/18/77 and Emergency Order 77-24, filed 11/17/77, effective 12/17/77.]
(a) All lighting equipment shall be provided with heavy duty flexible cords with SO or SJ jackets or equivalent. All lighting equipment shall be used with heavy duty flexible extension cords with 12-3 conductors with SO or SJ jackets or equivalent.
(b) Electrical cords shall have weather tight bodies and caps, 20 amp rated at 120 VAC with appropriately sized plugs and sockets.
(c) Temporary lights that are used in moist, damp, and/or other hazardous locations shall be approved for the purpose.
(d) Temporary lights shall be constructed so that water cannot enter or accumulate in wireways, lampholders or other electrical parts.
(e) Temporary lights that are used in moist and/or other hazardous locations shall have 120 VAC single-phase 15 and/or 20 amp in-line resettable ground fault circuit interrupters.
(f) Temporary lights shall be equipped with a handle and be insulated from heat and possible electrical shock.
(g) Temporary lights shall not be suspended by their electrical cords unless cords and lights are designed and labeled for this means of suspension.
(h) Temporary lights shall be protected by guards of a nonconductive or insulated material to prevent accidental contact with the bulb.
(2) 120 VAC cord reels shall be approved for use in damp or hazardous locations.
(a) Bodies and caps shall be weather tight, 20 amp rated at 120 VAC.
(b) Cords on cord reels that do not exceed 150 feet in length shall be SO or SJ type jackets or equivalent.
(c) Cords that exceed 150 feet in length on reels, shall have 10-3 conductors.
(d) Cord reels that are not permanently mounted on a vehicle shall be insulated from the ground when in use.
(3) Twelve volt portable type hand lanterns shall be constructed of molded composition or other type approved for the purpose.
(a) Portable hand lanterns used in moist and/or other hazardous locations shall be operated at a maximum of 12 volts.
(b) Hand lamps shall be equipped with a handle and a substantial guard over the bulb and attached to the lampholder.
(4) Portable and vehicle-mounted generators.
(a) Portable generators. Under the following conditions, the frame of a portable generator shall not be required to be grounded and shall be permitted to serve as the grounding electrode for a system supplied by the generator:
(i) The generator supplies only equipment mounted on the generator or cord-connected and plug-connected equipment through receptacles mounted on the generator, or both, and
(ii) The noncurrent-carrying metal part of equipment and the equipment grounding conductor terminals of the receptacles are bonded to the generator frame.
(b) Vehicle-mounted generators. Under the following conditions, the frame of a vehicle may serve as the grounding electrode for a system supplied by a generator located on the vehicle:
(i) The frame of the generator is bonded to the vehicle frame; and
(ii) The generator supplies only equipment located on the vehicle and/or cord-connected and plug-connected equipment through receptacles mounted on the vehicle or on the generator; and
(iii) The noncurrent-carrying metal parts of equipment and the equipment grounding conductor terminals of the receptacles are bonded to the generator frame.
Additional references: Article 250 National Electrical Code. Chapter 296-24 WAC, Part L and WAC 296-800-280.
[Statutory Authority: RCW 49.17.040. 99-05-080, 296-305-06007, filed 2/17/99, effective 6/1/99. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-06007, filed 5/10/96, effective 1/1/97. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), 296-305-06007, filed 11/30/83; Order 77-20, 296-305-06007, filed 10/18/77 and Emergency Order 77-24, filed 11/17/77, effective 12/17/77.]
(2) Every new fire station built after the effective date of this chapter, whether manned or unmanned, shall be equipped with an approved emergency lighting system that will light dormitories, hallways, and apparatus bay areas in case of electrical power failure.
(3) No new fire station or new addition to an existing fire station, shall incorporate sliding poles or slides in their design or construction.
(4) The requirements of chapter 296-24 WAC, Part B-2, Window washing, shall be followed when employees are engaged in window washing operations.
(5) All new fire stations and other new fire department facilities which contain sleeping quarters shall be fully protected with automatic sprinkler systems.
(6) All existing fire stations and existing fire department facilities with sleeping quarters, that undergo a major renovation that consists of more than sixty percent of the assessed evaluation of the existing structure shall be fully protected with automatic sprinkler systems.
(7) Eye protection shall be worn when charging, changing or adding fluid to storage batteries. Personnel that will be charging storage batteries shall be qualified to perform this function by the employer. See WAC 296-24-23015.
(8) Stairway tread shall be of a nonskid design. Examples of nonskid: Grip strut grating, serrated edge grating, metal grating, aluminum safety tread, abrasive metal stair tread, or pressure sensitive nonskid type.
(9) In existing facilities where sliding poles or slides are used, the pole or slide hole shall be guarded in such a manner as to prevent anyone from walking directly into the pole or slide hole opening.
(10) To absorb the shock to sliding employees, the bottom of all slide poles or slides shall have a three-foot diameter cushioned rubber mat, or its equivalent.
(11) Nothing shall be stored or placed at the bottom of a pole or slide hole for a radius of three feet from the pole. Doors shall not protrude within three feet of the pole or slide.
(12) Stair and landing protection: Stairways, guardrails, landings, and handrails shall be constructed to the requirements of chapter 19.27 RCW the State Building Code Act, and chapter 296-24 WAC, Part J-1.
(13) A standard guard railing for a landing platform shall include a toeboard, which is a vertical barrier, at floor level erected along exposed edges of a floor opening, wall opening, platform, runway or ramp to prevent falls of material.
(14) Any new facility, or addition, alteration, or repair to an existing facility shall be in compliance with chapter 19.27 RCW, the State Building Code Act.
(15) New stations containing a kitchen, and station kitchens remodeled after the date of this chapter, shall have an alarm activated service disconnect of fixed cooking appliances.
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-06503, filed 5/10/96, effective 1/1/97. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), 296-305-06503, filed 11/30/83; Order 77-20, 296-305-06503, filed 10/18/77 and Emergency Order 77-24, filed 11/17/77, effective 12/17/77.]
| Note: | For extended work shifts all eight-hour PEL's shall be time-weighted to adjust for additional worker exposure during extended work shifts. |
(2) All fixed internal combustion equipment such as, but not limited to emergency generators, shall be effectively exhausted to the exterior of the fire stations.
(3) All facilities dedicated to the maintenance and repair of internal combustion equipment shall have means for effective ventilation to the exterior of the building.
(4) All fire stations built after January 1, 1997, shall be designed and constructed to conform to ACGIH ventilation recommended criteria for exhaust of internal combustion engines.
Additional reference: Industrial Ventilation Manual of Recommended Practices ISBN No.: 0-936712-65-1.
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-06511, filed 5/10/96, effective 1/1/97; Order 77-20, 296-305-06511, filed 10/18/77 and Emergency Order 77-24, filed 11/17/77, effective 12/17/77.]
(2) The requirements for offset ladder platforms and ladder cage guards, when ladders extend beyond twenty feet, shall apply to hose drying towers.
(3) Ropes and attachments used to hoist hose in the hose towers shall have a breaking strength of 1500 pounds for a safe load strength of 300 pounds (five-to-one safety factor).
(4) Approved head protection shall be worn by all persons in the hose tower whenever hose handling/hanging operations are taking place.
(5) Ropes utilizing a pulley block shall be appropriately sized for the sheave to prevent possible jamming or damage to the rope.
Additional reference: Chapter 296-24 WAC, Part J-1 and chapter 296-800 WAC.
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, 296-305-06515, filed 5/10/96, effective 1/1/97; Order 77-20, 296-305-06515, filed 10/18/77 and Emergency Order 77-24, filed 11/17/77, effective 12/17/77.]