WSR 18-04-096
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed February 6, 2018, 10:07 a.m., effective March 9, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Change Log Phase 4, the purpose of this rule making is to fix any outstanding housekeeping issues that are on the department of labor and industries, division of occupational safety and health's (DOSH) change log. Please see below for the amendments being adopted as proposed:
WAC 296-59-060 Vessel or confined area requirements.
Updated outdated reference from "WAC 296-62-145 through 296-62-14529, General occupational health standards for permitRequired" to "chapter 296-809 WAC, Confined spaces."
WAC 296-59-125 Ski lift aerial work platforms.
Updated the reference in the Note at the bottom of the section from "Appendix 2" to "Appendix 1" – no Appendix 2 exists in this chapter.
WAC 296-78-835 Vehicles.
Updated outdated reference in subsection (1)(b) from "WAC 296-24-230 through 296-24-23035 of the general safety and health standards" to the correct current reference of "chapter 296-863 WAC, Forklifts and other powered industrial trucks."
WAC 296-115-025 Vessel inspection and certification.
Added "or cargo" to subsection (4) for consistency so it reads "No person will operate a passenger or cargo vessel if the vessel does not have a valid certificate of inspection issued by the department."
WAC 296-304-02005 Cleaning and other cold work.
Updated reference in subsection (2)(f)(iv) from "206-304-090" to "296-304-090."
WAC 296-304-05001 Scaffolds or staging.
Removed letter (a) from subsection (7) since there are no other subdivisions to go along with it under (7). Add[ed] word "subsection" in the middle of the sentence before list of "(1), (8) and (9) of this section."
WAC 296-304-05003 Ladders.
Removed the letter (a) from subsection (3) since there are no other subdivisions to go along with it under (3) and update the roman numerals from (i), (ii) and (iii) to (a), (b) and (c) for consistency.
WAC 296-304-06013 Hazardous materials.
Removed the number (1) from the definition of "Hazardous material" at the beginning of the section for consistency across all chapters and renumber[ed] the rest of the section. Add[ed] the word "definition" before the actual definition of "Hazardous material" for clarification.
WAC 296-823-17005 Establish and maintain medical records.
Updated outdated reference in reference at the bottom of the section from "WAC 296-62-052, Access to records" to "chapter 296-802 WAC, Employee medical and exposure records."
Citation of Rules Affected by this Order: Amending WAC 296-59-060, 296-59-125, 296-78-835, 296-115-025, 296-304-02005, 296-304-05001, 296-304-05003, 296-304-06013, and 296-823-17005.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Adopted under notice filed as WSR 17-23-174 on November 21, 2017.
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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 9, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 6, 2018.
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 17-16-132, filed 8/1/17, effective 9/1/17)
WAC 296-59-060 Vessel or confined area requirements.
The requirements of ((WAC 296-62-145 through 296-62-14529, general occupational health standards for permit - Required)) chapter 296-809 WAC, Confined spaces, will be applicable within the scope of chapter 296-59 WAC.
AMENDATORY SECTION (Amending WSR 17-16-132, filed 8/1/17, effective 9/1/17)
WAC 296-59-125 Ski lift aerial work platforms.
(1) Construction and loading.
(a) All aerial work platforms must be constructed to sustain the permissible loading with a safety factor of four. The load permitted must be calculated to include:
(i) The weight of the platform and all suspension components;
(ii) The weight of each permitted occupant calculated at two hundred fifty pounds per person including limited handtools;
(iii) The weight of any additional heavy tools, equipment, or supplies for tasks commonly accomplished from the work platform.
(b) The floor of the platform must not have openings larger than two inches in the greatest dimension.
(c) The platform must be equipped with toeboards at least four inches high on all sides.
(d) Guardrails.
(i) The platform must be equipped with standard height and strength guardrails where such guardrails will pass through the configuration of all lifts on which it is intended to be used.
(ii) Where guardrails must be less than thirty-six inches high in order to clear carriages, guideage, etc., guardrails must be as high as will clear the obstructions but never less than twelve inches high.
(iii) If the work platform is equipped with an upper work level, the upper level platform must be equipped with a toeboard at least four inches high.
(iv) Each platform must be equipped with a lanyard attachment ring for each permissible occupant to attach a safety belt lanyard.
(v) Each lanyard attachment ring must be of such strength as to sustain five thousand four hundred pounds of static loading for each occupant permitted to be attached to a specific ring.
(vi) Attachment rings must be permanently located as close to the center balance point of the platform as is practical.
(vii) The rings may be movable, for instance, up and down a central suspension rod, but must not be completely removable.
(e) Platform attachment.
(i) The platform must be suspended by either a standard wire rope four part bridle or by solid metal rods, bars, or pipe.
(ii) The attachment means chosen must be of a type which will prevent accidental displacement.
(iii) The attachment means must be adjusted so that the platform rides level when empty.
(f) Maintenance.
(i) Every aerial work platform must be subjected to a complete annual inspection by qualified personnel.
(ii) The inspection must include all structural members, welding, bolted or treaded fittings, and the suspension components.
(iii) Any defect noted must be repaired before the platform is placed back in service.
(iv) A written record must be kept for each annual inspection. The record must include:
(A) The inspector identification;
(B) All defects found;
(C) The identity of repair personnel;
(D) Identity of the postrepair inspector who accepted the platform for use.
(g) The platform must be clearly identified as to the number of permissible passengers and the weight limit of additional cargo permitted.
(i) Signs must be applied on the outside of each side panel.
(ii) Signs must be maintained in clearly legible condition.
(h) Unless the side guardrail assembly is at least thirty-six inches high on all sides, signs must be placed on the inside floor or walls to clearly inform all passengers that they must use a safety belt and lanyard at all times when using the platform.
(2) Work platform use.
(a) Platforms must be attached to the haulrope with an attachment means which develops a four to one strength factor for the combined weight of the platform and all permissible loading.
(b) The haulrope attachment means must be designed to prevent accidental displacement.
(c) Trained and competent personnel must attach and inspect the platform before each use.
(d) Passengers must be provided with and must use the correct safety harness and lanyard for the intended work.
(e) Any time a passenger's position is not protected by a standard guardrail at least thirty-six inches high, the individual must be protected by a short lanyard which will not permit free-fall over the platform edge.
(f) When personnel are passengers on a work platform and their work position requires the use of a safety harness and lanyard, the lanyard must be attached to the work platform, not to the haulrope or tower.
(g) Work platform passengers must face in the direction of travel when the lift is moving.
(h) Tools, equipment and supplies must be loaded on the platform in such a fashion that the loaded platform can safely pass all towers and appurtenances.
(i) Heavy tools, equipment or supplies must be secured in place if they could fall over or roll within the platform and create a hazard for passengers.
(j) When the work crew is traveling on the work platform, the lift must be operated at a speed which is safe for that particular system and the conditions present.
Note:
See Appendix ((2)) 1 for operating procedure requirements.
AMENDATORY SECTION (Amending WSR 17-16-132, filed 8/1/17, effective 9/1/17)
WAC 296-78-835 Vehicles.
(1) Vehicles.
(a) Scope. Vehicles must include all mobile equipment normally used in sawmill, planing mill, storage, shipping, and yard operations, including log sorting yards.
(b) Lift trucks must be designed, constructed, maintained and operated in accordance with the requirements of ((WAC 296-24-230 through 296-24-23035 of the general safety and health standards)) chapter 296-863 WAC, Forklifts and other powered industrial trucks.
(c) Carriers. Drive chains on lumber carriers must be adequately guarded to prevent contact at the pinch points.
(d) Lumber carriers must be designed and constructed so that the operator's field of vision will not be unnecessarily restricted.
(e) Carriers must be provided with ladders or equivalent means of access to the operator's platform or cab.
(f) Lumber hauling trucks.
On trucks where the normal operating position is ahead of the load in the direction of travel, the cab must be protected by a barrier at least as high as the cab. The barrier must be capable of stopping the weight of the load capacity of the vehicle if the vehicle were to be stopped suddenly while traveling at its normal operating speed. The barrier must be constructed in such a manner that individual pieces of a normal load will not go through openings in the barrier.
(i) Stakes, stake pockets, racks, tighteners, and binders must provide a positive means to secure the load against any movement during transit.
(ii) Where rollers are used, at least two must be equipped with locks which shall be locked when supporting loads during transit.
(2) Warning signals and spark arrestors. All vehicles must be equipped with audible warning signals and where practicable must have spark arrestors.
(3) Flywheels, gears, sprockets and chains and other exposed parts that constitute a hazard to workers must be enclosed in standard guards.
(4) All vehicles operated after dark or in any area of reduced visibility must be equipped with head lights and backup lights which adequately illuminate the direction of travel for the normal operating speed of the vehicle. The vehicle must also be equipped with tail lights which are visible enough to give sufficient warning to surrounding traffic at the normal traffic operating speed.
(5) All vehicles operated in areas where overhead hazards exist must be equipped with an overhead guard for the protection of the operator.
(6) Where vehicles are so constructed and operated that there is a possibility of the operator being injured by backing into objects, a platform guard must be provided and so arranged as not to hinder the exit of the driver.
(7) Trucks, lift trucks and carriers must not be operated at excessive rates of speed. When operating on tramways or docks more than six feet above the ground or lower level they must be limited to a speed of not more than twelve miles per hour. When approaching blind corners they must be limited to four miles per hour.
(8) Vehicles must not be routed across principal thoroughfares while employees are going to or from work unless pedestrian lanes are provided.
(a) Railroad tracks and other hazardous crossings must be plainly posted.
(b) Restricted overhead clearance. All areas of restricted side or overhead clearance must be plainly marked.
(c) Pickup and unloading points. Pickup and unloading points and paths for lumber packages on conveyors and transfers and other areas where accurate spotting is required, must be plainly marked and wheel stops provided where necessary.
(d) Aisles, passageways, and roadways must be sufficiently wide to provide safe side clearance. One-way aisles may be used for two-way traffic if suitable turnouts are provided.
(9) Where an operator's vision is impaired by the vehicle or load it is carrying, they must move only on signal from someone so stationed as to have a clear view in the direction the vehicle is to travel.
(10) Reserved.
(11) Load limits. No vehicle must be operated with loads exceeding its safe load capacity.
(12) Vehicles with internal combustion engines must not be operated in enclosed buildings or buildings with ceilings less than sixteen feet high unless the buildings have ventilation adequate to maintain air quality as required by the general occupational health standard, chapter 296-62 WAC.
(13) Vehicles must not be refueled while motor is running. Smoking or open flames must not be allowed in the refueling area.
(14) No employee other than trained operators or mechanics must start the motor of, or operate any log or lumber handling vehicle.
(15) All vehicles must be equipped with brakes capable of holding and controlling the vehicle and capacity load upon any grade or incline over which they may operate.
(16) Unloading equipment and facilities.
(a) Machines used for hoisting, unloading, or lowering logs must be equipped with brakes capable of controlling or holding the maximum load in midair.
(b) The lifting cylinders of all hydraulically operated log handling machines, or where the load is lifted by wire rope, must be equipped with a positive device for preventing the uncontrolled lowering of the load or forks in case of a failure in the hydraulic system.
(c) A limit switch must be installed on powered log handling machines to prevent the lift arms from traveling too far in the event the control switch is not released in time.
(d) When forklift-type machines are used to load trailers, a means of securing the loading attachment to the fork must be installed and used.
(e) A-frames and similar log unloading devices must have adequate height to provide safe clearance for swinging loads and to provide for adequate crotch lines and spreader bar devices.
(f) Log handling machines used to stack logs or lift loads above operator's head must be equipped with overhead protection.
(g) Unloading devices must be equipped with a horn or other plainly audible signaling device.
(h) Movement of unloading equipment must be coordinated by audible or hand signals when operator's vision is impaired or operating in the vicinity of other employees.
Lift trucks regularly used for transporting peeler blocks or cores must have tusks or a similar type hold down device to prevent the blocks or cores from rolling off the forks.
(17) Where spinners are used on steering wheels, they must be of the automatic retracting type or must be built into the wheel in such a manner as not to extend above the plane surface of the wheel. Vehicles equipped with positive antikickback steering are exempted from this requirement.
(18) Mechanical stackers and unstackers must have all gears, sprockets and chains exposed to the contact of workers, fully enclosed by guards as required by WAC 296-78-710 of this chapter.
(19) Manually operated control switches must be properly identified and so located as to be readily accessible to the operator. Main control switches must be designed so they can be locked in the open position.
(20) Employees must not stand or walk under loads being lifted or moved. Means must be provided to positively block the hoisting platform when employees must go beneath the stacker or unstacker hoist.
(21) No person must ride any lift truck or lumber carrier unless a suitable seat is provided, except for training purposes.
(22) Unstacking machines must be provided with a stopping device which must be accessible at all times to at least one employee working on the machine.
(23) Floor of the unstacker must be kept free of broken stickers and other debris. A bin or frame must be provided to allow for an orderly storage of stickers.
(24) Drags or other approved devices must be provided to prevent lumber from running down on graders.
(25) Liquified petroleum gas storage and handling. Storage and handling of liquified petroleum gas must be in accordance with the requirements of WAC 296-24-475 through 296-24-47517 of the general safety and health standards.
(26) Flammable liquids must be stored and handled in accordance with WAC 296-24-330 through 296-24-33019 of the general safety and health standards.
(27) Guarding side openings. The hoistway side openings at the top level of the stacker and unstacker must be protected by enclosures of standard railings.
(28) Guarding hoistway openings. When the hoist platform or top of the load is below the working platform, the hoistway openings must be guarded.
(29) Guarding lower landing area. The lower landing area of stackers and unstackers must be guarded by enclosures that prevent entrance to the area or pit below the hoist platform. Entrances should be protected by electrically interlocked gates which, when open, will disconnect the power and set the hoist brakes. When the interlock is not installed, other positive means of protecting the entrance must be provided.
(30) Lumber lifting devices on all stackers must be designed and arranged so as to minimize the possibility of lumber falling from such devices.
(31) Inspection. At the start of each work shift, equipment operators must inspect the equipment they will use for evidence of failure or incipient failure. Equipment found to have defects which might affect the operating safety must not be used until the defects are corrected.
(32) Cleaning pits. Safe means of entrance and exit must be provided to permit cleaning of pits.
(33) Preventing entry to hazardous area. Where the return of trucks from unstacker to stacker is by mechanical power or gravity, adequate signs, warning devices, or barriers must be erected to prevent entry into the hazardous area.
AMENDATORY SECTION (Amending WSR 17-16-132, filed 8/1/17, effective 9/1/17)
WAC 296-115-025 Vessel inspection and certification.
(1) The department must inspect all vessels subject to this chapter to ensure they are safe and seaworthy at least once each year.
(2) The department may also inspect a vessel:
(a) If requested to do so by the owner, operator, or master of the vessel;
(b) After an explosion, fire, or any other accident involving the vessel;
(c) Upon receipt of a complaint from any person;
(d) At the discretion of the department.
(3) The department will charge the owner of a vessel a fee for each certification or recertification inspection. See WAC 296-115-120 for fee schedule.
(4) No person will operate a passenger or cargo vessel if the vessel does not have a valid certificate of inspection issued by the department.
(5) After inspecting a vessel and determining it is safe and seaworthy, the department will issue a certificate of inspection for that vessel. The certificate will be valid for one year after the date of inspection and contain:
(a) The certificate must set forth the date of the inspection;
(b) The names of the vessel and the owner;
(c) The number of lifeboats, if required;
(d) The number of life preservers required;
(e) The number of passengers allowed; and
(f) Any other information the department requires by rule.
(6) Any time a vessel is found to be not safe or seaworthy, or not in compliance with the provisions of this chapter:
(a) The department may refuse to issue a certificate of inspection until the deficiencies have been corrected and may cancel any certificate of inspection currently issued.
(b) The department must give the owner a written statement why the vessel was found to be unsafe, unseaworthy, or not in compliance with the provisions of this chapter, including a specific reference to the statute or rule.
(7) Department inspectors may, upon presenting their credentials to the owner, master, operator, or agent in charge of a vessel, board the vessel without delay to make an inspection.
(a) Inspectors must inform the owner, master, operator, or agent in charge that their intent is to inspect the vessel.
(b) During the inspection, inspectors must have access to all areas of the vessel. Inspectors may question privately the owner, master, operator, or agent in charge of the vessel, or any crew member of or passenger on the vessel.
(c) If any person refuses to allow inspectors to board a vessel for an inspection, or refuses to allow access to any areas of the vessel, the department may request a warrant from the superior court for the county in which the vessel is located. The court will grant the warrant if:
(i) There is evidence that the vessel has sustained a fire, explosion, unintentional grounding, or has been involved in any other accident;
(ii) There is evidence that the vessel is not safe or seaworthy; or
(iii) The department shows that the inspection furthers a general administrative plan for enforcing the safety requirements of chapter 88.04 RCW, the Charter Boat Safety Act.
(8) The owner or master of a vessel must post the certificate of inspection behind glass or other suitable transparent material in a conspicuous area of the vessel.
AMENDATORY SECTION (Amending WSR 17-18-075, filed 9/5/17, effective 10/6/17)
WAC 296-304-02005 Cleaning and other cold work.
(1) Locations covered by this section. You must ensure that manual cleaning and other cold work are not performed in the following spaces unless the conditions of subsection (2) of this section have been met:
(a) Spaces containing or having last contained bulk quantities of combustible or flammable liquids or gases; and
(b) Spaces containing or having last contained bulk quantities of liquids, gases or solids that are toxic, corrosive or irritating.
(2) Requirements for performing cleaning or cold work.
(a) Liquid residues of hazardous materials must be removed from work spaces as thoroughly as practicable before employees start cleaning operations or cold work in a space. Special care must be taken to prevent the spilling or the draining of these materials into the water surrounding the vessel, or for shore-side operations, onto the surrounding work area.
(b) Testing must be conducted by a competent person to determine the concentration of flammable, combustible, toxic, corrosive, or irritant vapors within the space prior to the beginning of cleaning or cold work.
(c) Continuous ventilation must be provided at volumes and flow rates sufficient to ensure that the concentration(s) of:
(i) Flammable vapor is maintained below 10 percent of the lower explosive limit; and
Note to (2)(c)(i):
Spaces containing highly volatile residues may require additional ventilation to keep the concentration of flammable vapors below 10 percent of the lower explosive limit and within the permissible exposure limit.
(ii) Toxic, corrosive, or irritant vapors are maintained within the permissible exposure limits and below IDLH levels.
(d) Testing must be conducted by the competent person as often as necessary during cleaning or cold work to assure that air concentrations are below 10 percent of the lower explosive limit and within the PELs and below IDLH levels. Factors such as, but not limited to, temperature, volatility of the residues and other existing conditions in and about the spaces are to be considered in determining the frequency of testing necessary to assure a safe atmosphere.
Note to (2)(d):
See WAC 296-304-02013—Appendix B, for additional information on frequency of testing.
(e) Spills or other releases of flammable, combustible, toxic, corrosive, and irritant materials must be cleaned up as work progresses.
(f) An employee may not enter a confined or enclosed space or other dangerous atmosphere if the concentration of flammable or combustible vapors in work spaces exceeds 10 percent of the lower explosive limit.
Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment provided:
(i) No ignition sources are present;
(ii) The atmosphere in the space is monitored continuously;
(iii) The atmosphere in the space is maintained above the upper explosive limit; and
(iv) Respiratory protection, personal protective equipment, and clothing are provided in accordance with WAC ((206-304-090)) 296-304-090 through 296-304-09007.
Note to (2)(f):
Other provisions for work in IDLH and other dangerous atmospheres are located in WAC 296-304-090 through 296-304-09007.
(g) A competent person must test ventilation discharge areas and other areas where discharged vapors may collect to determine if vapors discharged from the spaces being ventilated are accumulating in concentrations hazardous to employees.
(h) If the tests required in (g) of this subsection indicate that concentrations of exhaust vapors that are hazardous to employees are accumulating, all work in the contaminated area must be stopped until the vapors have dissipated or been removed.
(i) Only explosion-proof, self-contained portable lamps, or other electric equipment approved by a National Recognized Testing Laboratory (NRTL) for the hazardous location must be used in spaces described in subsection (1) of this section, until such spaces have been certified as "safe for workers."
Note to (2)(i):
Battery-fed, portable lamps or other electric equipment bearing the approval of a NRTL for the class, and division of the location in which they are used are deemed to meet the requirements of (i) of this subsection.
(j) You must prominently post signs that prohibit sources of ignition within or near a space that has contained flammable or combustible liquids or gases in bulk quantities:
(i) At the entrance to those spaces;
(ii) In adjacent spaces; and
(iii) In the open area adjacent to those spaces.
(k) All air moving equipment and its component parts, including duct work, capable of generating a static electric discharge of sufficient energy to create a source of ignition, must be bonded electrically to the structure of a vessel or vessel section or, in the case of land-side spaces, grounded to prevent an electric discharge in the space.
(l) Fans must have nonsparking blades, and portable air ducts shall be of nonsparking materials.
Note to (2):
See WAC 296-304-02003(3) and applicable requirements of chapter 296-62 WAC, general occupational health standards, for other provisions affecting cleaning and cold work.
AMENDATORY SECTION (Amending WSR 17-18-075, filed 9/5/17, effective 10/6/17)
WAC 296-304-05001 Scaffolds or staging.
(1) General requirements.
(a) All scaffolds and their supports whether of lumber, steel or other material, must be capable of supporting the load they are designed to carry with a safety factor of not less than four.
(b) All lumber used in the construction of scaffolds must be spruce, fir, long leaf yellow pine, Oregon pine or wood of equal strength. The use of hemlock, short leaf yellow pine, or short fiber lumber is prohibited.
(c) Lumber dimensions as given are nominal except where given in fractions of an inch.
(d) All lumber used in the construction of scaffolds must be sound, straight-grained, free from cross grain, shakes and large, loose or dead knots. It must also be free from dry rot, large checks, worm holes or other defects which impair its strength or durability.
(e) Scaffolds must be maintained in a safe and secure condition. Any component of the scaffold which is broken, burned or otherwise defective must be replaced.
(f) Barrels, boxes, cans, loose bricks, or other unstable objects must not be used as working platforms or for the support of planking intended as scaffolds or working platforms.
(g) No scaffold must be erected, moved, dismantled or altered except under the supervision of competent persons.
(h) No welding, burning, riveting or open flame work must be performed on any staging suspended by means of fiber rope.
(i) Lifting bridles on working platforms suspended from cranes must consist of four legs so attached that the stability of the platform is assured.
(j) Unless the crane hook has a safety latch or is moused, the lifting bridles on working platforms suspended from cranes must be attached by shackles to the lower lifting block or other positive means must be taken to prevent them from becoming accidentally disengaged from the crane hook.
(2) Independent pole wood scaffolds.
(a) All pole uprights must be set plumb. Poles must rest on a foundation of sufficient size and strength to distribute the load and to prevent displacement.
(b) In light-duty scaffolds not more than 24 feet in height, poles may be spliced by overlapping the ends not less than 4 feet and securely nailing them together. A substantial cleat must be nailed to the lower section to form a support for the upper section except when bolted connections are used.
(c) All other poles to be spliced must be squared at the ends of each splice, abutted, and rigidly fastened together by not less than two cleats securely nailed or bolted thereto. Each cleat must overlap each pole end by at least 24 inches and must have a width equal to the face of the pole to which it is attached. The combined cross sectional area of the cleats must be not less than the cross sectional area of the pole.
(d) Ledgers must extend over two consecutive pole spaces and must overlap the poles at each end by not less than 4 inches. They must be left in position to brace the poles as the platform is raised with the progress of the work. Ledgers must be level and must be securely nailed or bolted to each pole and must be placed against the inside face of each pole.
(e) All bearers must be set with their greater dimension vertical and must extend beyond the ledgers upon which they rest.
(f) Diagonal bracing must be provided between the parallel poles, and cross bracing must be provided between the inner and outer poles or from the outer poles to the ground.
(g) Minimum dimensions and spacing of members must be in accordance with Table E-1 in WAC 296-304-07011.
(h) Platform planking must be in accordance with the requirements of (8) of this section.
(i) Backrails and toeboards must be in accordance with the requirements of (9) of this section.
(3) Independent pole metal scaffolds.
(a) Metal scaffold members must be maintained in good repair and free of corrosion.
(b) All vertical and horizontal members must be fastened together with a coupler or locking device which will form a positive connection. The locking device must be of a type which has no loose parts.
(c) Posts must be kept plumb during erection and the scaffold must be subsequently kept plumb and rigid by means of adequate bracing.
(d) Posts must be fitted with bases supported on a firm foundation to distribute the load. When wooden sills are used, the bases must be fastened thereto.
(e) Bearers must be located at each set of posts, at each level, and at each intermediate level where working platforms are installed.
(f) Tubular bracing must be applied both lengthwise and crosswise as required.
(g) Platform planking must be in accordance with the requirements of (8) of this section.
(h) Backrails and toeboards must be in accordance with the requirements of (9) of this section.
(4) Wood trestle and extension trestle ladders.
(a) The use of trestle ladders, or extension sections or base sections of extension trestle ladders longer than 20 feet is prohibited. The total height of base and extension may, however, be more than 20 feet.
(b) The minimum dimensions of the side rails of the trestle ladder, or the base sections of the extension trestle ladder, must be as follows:
(i) Ladders up to and including those 16 feet long must have side rails of not less than 1 5/16 x 2 3/4 inch lumber.
(ii) Ladders over 16 feet long and up to and including those 20 feet long must have side rails of not less than 1 5/16 x 3 inch lumber.
(c) The side rails of the extension section of the extension trestle ladder must be parallel and must have minimum dimensions as follows:
(i) Ladders up to and including 12 feet long must have side rails of not less than 1 5/16 x 2 1/4 inch lumber.
(ii) Ladders over 12 feet long and up to and including those 16 feet long must have side rails of not less than 1 5/16 x 2 1/2 inch lumber.
(iii) Ladders over 16 feet long and up to and including those 20 feet long must have side rails of not less than 1 5/16 x 3 inch lumber. (Rev. 2-17-76)
(d) Trestle ladders and base sections of extension trestle ladders must be so spread that when in an open position the spread of the trestle at the bottom, inside to inside, must not be less than 5 1/2 inches per foot of the length of the ladder.
(e) The width between the side rails at the bottom of the trestle ladder or of the base section of the extension trestle ladder must not be less than 21 inches for all ladders and sections 6 feet or less in length. For longer lengths of ladder the width must be increased at least 1 inch for each additional foot of length. The width between the side rails of the extension section of the trestle ladder must be not less than 12 inches.
(f) In order to limit spreading, the top ends of the side rails of both the trestle ladder and of the base section of the extension trestle ladder must be beveled, or of equivalent construction, and must be provided with a metal hinge.
(g) A metal spreader or locking device to hold the front and back sections in an open position, and to hold the extension section securely in the elevated position, must be a component of each trestle ladder or extension trestle ladder.
(h) Rungs must be parallel and level. On the trestle ladder, or on the base section of the extension trestle ladder, rungs must be spaced not less than 8 inches nor more than 18 inches apart; on the extension section of the extension trestle ladder, rungs must be spaced not less than 6 inches nor more than 12 inches apart.
(i) Platform planking must be in accordance with the requirements of (8) of this section, except that the width of the platform planking must not exceed the distance between the side rails.
(j) Backrails and toeboards must be in accordance with the requirements of (9) of this section.
(5) Painters' suspended scaffolds.
(a) The supporting hooks of swinging scaffolds must be constructed to be equivalent in strength to mild steel or wrought iron, must be forged with care, must not be less than 7/8 inch in diameter, and must be secured to a safe anchorage at all times.
(b) The ropes supporting a swinging scaffold must be equivalent in strength to first-grade 3/4 inch diameter manila rope properly rigged into a set of standard 6 inch blocks consisting of at least one double and one single block.
(c) Manila and wire ropes must be carefully examined before each operation and thereafter as frequently as may be necessary to ensure their safe condition.
(d) Each end of the scaffold platform must be supported by a wrought iron or mild steel stirrup or hanger, which in turn is supported by the suspension ropes.
(e) Stirrups must be constructed so as to be equivalent in strength to wrought iron 3/4 inch in diameter.
(f) The stirrups must be formed with a horizontal bottom member to support the platform, must be provided with means to support the guardrail and midrail and must have a loop or eye at the top for securing the supporting hook on the block.
(g) Two or more swinging scaffolds must not at any time be combined into one by bridging the distance between them with planks or any other form of platform.
(h) No more than two persons must be permitted to work at one time on a swinging scaffold built to the minimum specifications contained in this section. Where heavier construction is used, the number of persons permitted to work on the scaffold must be determined by the size and the safe working load of the scaffold.
(i) Backrails and toeboards must be in accordance with the requirements of (9) of this section.
(j) The swinging scaffold platform must be one of the three types described in (k), (l), and (m) of this section.
(k) The ladder-type platform consists of boards upon a horizontal ladder-like structure, referred to herein as the ladder, the side rails of which are parallel. If this type of platform is used the following requirements must be met:
(i) The width between the side rails must be no more than 20 inches.
(ii) The side rails of ladders in ladder-type platforms must be equivalent in strength to a beam of clear straight-grained spruce of the dimensions contained in Table E-2 in WAC 296-304-07011.
(iii) The side rails must be tied together with tie rods. The tie rods must not be less than 5/16 inch in diameter, located no more than 5 feet apart, pass through the rails, and be riveted up tight against washers at both ends.
(iv) The rungs must be of straight-grained oak, ash, or hickory, not less than 1 1/8 inches diameter, with 7/8 inch tenons mortised into the side rails not less than 7/8 inch and must be spaced no more than 18 inches on centers.
(v) Flooring strips must be spaced no more than 5/8 inch apart except at the side rails, where 1 inch spacing is permissible.
(vi) Flooring strips must be cleated on their undersides.
(l) The plank-type platform consists of planks supported on the stirrups or hangers. If this type of platform is used, the following requirements must be met:
(i) The planks of plank-type platforms must not be less than 2 x 10 inch lumber.
(ii) The platform must not be more than 24 inches in width.
(iii) The planks must be tied together by cleats of not less than 1 x 6 inch lumber, nailed on their undersides at intervals of not more than 4 feet.
(iv) The planks must extend not less than 6 inches nor more than 18 inches beyond the supporting stirrups.
(v) A cleat must be nailed across the platform on the underside at each end outside the stirrup to prevent the platform from slipping off the stirrup.
(vi) Stirrup supports must not be more than 10 feet apart.
(m) The beam-type platform consists of longitudinal side stringers with cross beams set on edge and spaced not more than 4 feet apart on which longitudinal platform planks are laid. If this type platform is used the following requirements must be met:
(i) The side stringers must be of sound, straight-grained lumber, free from knots, and of not less than 2 x 6 inch lumber, set on edge.
(ii) The stringers must be supported on the stirrups with a clear span between stirrups of not more than 16 feet.
(iii) The stringers must be bolted to the stirrups by U-bolts passing around the stirrups and bolted through the stringers with nuts drawn up tight on the inside face.
(iv) The ends of the stringers must extend beyond the stirrups not less than 6 inches nor more than 12 inches at each end of the platform.
(v) The platform must be supported on cross beams of 2 x 6 inch lumber between the side stringers securely nailed thereto and spaced not more than 4 feet on centers.
(vi) The platform must not be more than 24 inches wide.
(vii) The platform must be formed of boards 7/8 inch in thickness by not less than 6 inches in width, nailed tightly together, and extending to the outside face of the stringers.
(viii) The ends of all platform boards must rest on the top of the cross beams, must be securely nailed, and at no intermediate points in the length of the platform must there by any cantilever ends.
(6) Horse scaffolds.
(a) The minimum dimensions of lumber used in the construction of horses must be in accordance with Table E-3 in WAC 296-304-07011.
(b) Horses constructed of materials other than lumber must provide the strength, rigidity and security required of horses constructed of lumber.
(c) The lateral spread of the legs must be equal to not less than one-third of the height of the horse.
(d) All horses must be kept in good repair, and must be properly secured when used in staging or in locations where they may be insecure.
(e) Platform planking must be in accordance with the requirements of (8) of this section.
(f) Backrails and toeboards must be in accordance with (9) of this section.
(7) Other types of scaffolds. (((a))) Scaffolds of a type for which specifications are not contained in this section must meet the general requirements of subsection (1), (8) and (9) of this section, must be in accordance with recognized principles of design and must be constructed in accordance with accepted standards covering such equipment.
(8) Scaffold or platform planking.
(a) Except as otherwise provided in (5)(k) and (m), platform planking must not be less than 2 x 10 inch lumber. Platform planking must be straight-grained and free from large or loose knots and may be either rough or dressed.
(b) Platforms of staging must not be less than two 10 inch planks in width except in such cases as the structure of the vessel or the width of the trestle ladders make it impossible to provide such a width.
(c) Platform planking must project beyond the supporting members at either end by at least 6 inches but in no case must it project more than 12 inches unless the planks are fastened to the supporting members.
(d) Table E-4 in WAC 296-304-07011 must be used as a guide in determining safe loads for scaffold planks.
(9) Backrails and toeboards.
(a) Scaffolding, staging, runways, or working platforms which are supported or suspended more than 5 feet above a solid surface, or at any distance above the water, must be provided with a railing which has a top rail whose upper surface is from 42 to 45 inches above the upper surface of the staging, platform, or runway and a midrail located halfway between the upper rail and the staging, platform, or runway.
(b) Rails must be of 2 x 4 inch lumber, flat bar or pipe. When used with rigid supports, taut wire or fiber rope of adequate strength may be used. If the distance between supports is more than 8 feet, rails must be equivalent in strength to 2 x 4 inch lumber. Rails must be firmly secured. Where exposed to hot work or chemicals, fiber rope rails must not be used.
(c) Rails may be omitted where the structure of the vessel prevents their use. When rails are omitted employees working more than 5 feet above solid surfaces must be protected by safety belts and life lines meeting the requirements of WAC 296-304-09021(2), and employees working over water must be protected by personal flotation devices meeting the requirements of WAC 296-304-09017(1).
(d) Employees working from swinging scaffolds which are triced out of a vertical line below their supports or from scaffolds on paint floats subject to surging, must be protected against falling toward the vessel by a railing or a safety belt and line attached to the backrail.
(e) When necessary, to prevent tools and materials from falling on men below, toeboards of not less than 1 x 4 inch lumber must be provided.
(10) Access to staging.
(a) Access from below to staging more than 5 feet above a floor, deck or the ground must consist of well secured stairways, cleated ramps, fixed or portable ladders meeting the applicable requirements of WAC 296-304-05003 or rigid type noncollapsible trestles with parallel and level rungs.
(b) Ramps and stairways must be provided with 36-inch handrails with midrails.
(c) Ladders must be so located or other means must be taken so that it is not necessary for employees to step more than one foot from the ladder to any intermediate landing or platform.
(d) Ladders forming integral parts of prefabricated staging are deemed to meet the requirements of these regulations.
(e) Access from above to staging more than 3 feet below the point of access must consist of a straight, portable ladder meeting the applicable requirements of WAC 296-304-05003 or a Jacob's ladder properly secured, meeting the requirements of WAC 296-304-05007(4).
AMENDATORY SECTION (Amending WSR 17-18-075, filed 9/5/17, effective 10/6/17)
WAC 296-304-05003 Ladders.
(1) General requirements.
(a) The use of ladders with broken or missing rungs or steps, broken or split side rails, or other faulty or defective construction is prohibited. When ladders with such defects are discovered, they must immediately be withdrawn from service. Inspection of metal ladders must include checking for corrosion of interiors of open end, hollow rungs.
(b) When sections of ladders are spliced, the ends must be abutted, and not fewer than 2 cleats must be securely nailed or bolted to each rail. The combined cross sectional area of the cleats must not be less than the cross sectional area of the side rail. The dimensions of side rails for their total length must be those specified in (2) or (3) of this section.
(c) Portable ladders must be lashed, blocked or otherwise secured to prevent their being displaced. The side rails of ladders used for access to any level must extend not less than 36 inches above that level. When this is not practical, grab rails which will provide a secure grip for an employee moving to or from the point of access must be installed.
(d) Portable metal ladders must be of strength equivalent to that of wood ladders. Manufactured portable metal ladders provided by you must be in accordance with the provisions of the United States of America Standard Safety Code for Portable Metal Ladders, A14.2-1972.
(e) Portable metal ladders must not be used near electrical conductors nor for electric arc welding operations.
(f) Manufactured portable wood ladders provided by the employer must be in accordance with the provisions of the United States of America Standard Safety Code for Portable Wood Ladders, A-14.1-1968.
(2) Construction of portable wood cleated ladders up to 30 feet in length.
(a) Wood side rails must be made from west coast hemlock, eastern spruce, Sitka spruce, or wood of equivalent strength. Material must be seasoned, straight-grained wood, and free from shakes, checks, decay or other defects which will impair its strength. The use of low density woods is prohibited.
(b) Side rails must be dressed on all sides, and kept free of splinters.
(c) All knots must be sound and hard. The use of material containing loose knots is prohibited. Knots must not appear on the narrow face of the rail and, when in the side face, must be not more than 1/2 inch in diameter or within 1/2 inch of the edge of the rail or nearer than 3 inches to a tread or rung.
(d) Pitch pockets not exceeding 1/8 inch in width, 2 inches in length and 1/2 inch in depth are permissible in wood side rails, provided that not more than one such pocket appears in each 4 feet of length.
(e) The width between side rails at the base must not be less than 11 1/2 inches for ladders 10 feet or less in length. For longer ladders, this width must be increased at least 1/4 inch for each additional 2 feet in length.
(f) Side rails must be at least 1 5/8 x 3 5/8 inches in cross section.
(g) Cleats (meaning rungs rectangular in cross section with the wide dimension parallel to the rails) must be of the material used for side rails, straight-grained and free from knots. Cleats must be mortised into the edges of the side rails 1/2 inch, or filler blocks must be used on the rails between the cleats. The cleats must be secured to each rail with three 10d common wire nails or fastened with through bolts or other fasteners of equivalent strength. Cleats must be uniformly spaced not more than 12 inches apart.
(h) Cleats 20 inches or less in length must be at least 25/32 x 3 inches in cross section. Cleats over 20 inches but not more than 30 inches in length must be at least 25/32 x 3 3/4 inches in cross section.
(3) Construction of portable wood cleated ladders from 30 to 60 feet in length. (((a))) Ladders from 30 to 60 feet in length must be in accordance with the specifications of (2) of this section with the following exceptions:
(((i))) (a) Rails must not be less than 2 x 6 inch lumber.
(((ii))) (b) Cleats must not be less than 1 x 4 inch lumber.
(((iii))) (c) Cleats must be nailed to each rail with five 10d common wire nails or fastened with through bolts or other fastenings of equivalent strength.
AMENDATORY SECTION (Amending WSR 17-18-075, filed 9/5/17, effective 10/6/17)
WAC 296-304-06013 Hazardous materials.
(((1))) Definition.
Hazardous material. A material with one or more of the following characteristics:
(a) Has a flash point below 140°F, closed cup, or is subject to spontaneous heating;
(b) 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;
(c) Has a single dose oral LD50 below 500 mg./kg.;
(d) Is subject to polymerization with the release of large amounts of energy;
(e) Is a strong oxidizing or reducing agent;
(f) Causes first degree burns to skin in short time exposure, or is systematically toxic by skin contact; or
(g) In the course of normal operations, may produce dusts, gases, fumes, vapors, mists, or smokes that have one or more of the above characteristics.
(((2))) (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 you have ascertained the potential fire, toxic, or reactivity hazards which are likely to be encountered in the handling, application, or utilization of such a material.
(((3))) (2) In order to ascertain the hazards, as required by subsection (1) of this section, you must 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 70°F.; 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 firefighting 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.
(((4))) (3) The pertinent information required by subsection (2) of this section must 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), 300 Fifth Avenue, Suite 1280, Seattle, Washington 98104-2397.
A completed SDS form must be preserved and available for inspection for each hazardous chemical on the worksite.
(((5))) (4) You must instruct employees who will be exposed to the hazardous materials as to the nature of the hazards and the means of avoiding them.
(((6))) (5) You must provide all necessary controls, and the employees must 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.
(((7))) (6) You must 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. You must 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.
(((8))) (7) You must not permit eating or smoking in areas undergoing surface preparation or preservation or where shiprepairing, shipbuilding, or shipbreaking operations produce atmospheric contamination.
(((9))) (8) You must not permit employees to work in the immediate vicinity of uncovered garbage and must 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.
(((10))) (9) Requirements of WAC 296-901-140, Hazard communication, 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.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-823-17005 Establish and maintain medical records.
(1) You must establish and maintain an accurate medical record for each employee with occupational exposure.
(2) You must make sure this record includes ALL of the following that apply:
(a) Name and Social Security number of the employee;
(b) A copy of the employee's hepatitis B vaccination status, including the dates of all the hepatitis B vaccinations;
(c) Any medical records related to the employee's ability to receive vaccinations;
(d) The HBV declination statement;
(e) A copy of all results of examinations, medical testing, and follow-up procedures related to post-exposure evaluations;
(f) Your copy of the health care professional's written opinion;
(g) A copy of the information provided to the health care professional as required.
(3) You must make sure that employee medical records are:
(a) Kept confidential;
(b) Not disclosed or reported to any person, without the employee's written consent, except as required by this section or as may be required by law.
Note:
1. In some industries, a medical record is also known as the employee health file.
 
2. You may contract with the medical professional responsible for hepatitis B vaccination and post-exposure evaluation to maintain employee records.
Reference:
You need to follow additional requirements for medical records found in ((WAC 296-62-052, Access to records)) chapter 296-802 WAC, Employee medical and exposure records.