WSR 05-10-074

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 3, 2005, 12:13 p.m. ]

     Subject of Possible Rule Making: Chapter 296-900 WAC, WISHA administrative rules; chapter 296-307 WAC, Safety standards for agriculture; chapter 296-350 WAC, WISHA administrative rules; and chapter 296-800 WAC, Safety and health core rules.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Occupational Safety and Health Administration (OSHA) found our Washington Industrial Safety and Health Act (WISHA) administrative rules to be less effective than the federal requirements. The proposed changes will make our rule at-least-as-effective-as the federal equivalent. Housekeeping changes will be made, in addition to rewriting for clarity and usability. Existing rules contained in chapter 296-350 WAC, WISHA administrative rules, and WAC 296-800-350 WISHA appeals, penalties, and other procedural rules, are being combined into a single book titled WISHA administrative rules.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies, other than the OSHA are known that regulate this subject. The WISHA rules are required to be at-least-as-effective-as OSHA's rules.

     Process for Developing New Rule: Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jim Hughes, Project Manager, Department of Labor and Industries, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-4504, fax (360) 902-5529.

May 3, 2005

Judy Schurke

Acting Director

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