On May 20, 2004, the Governor received three petitions
requesting a repeal of an emergency rule adopted on May 5,
2004 by the Department of Labor and Industries, relating to
operating dump trucks in reverse.
The petitioners are: Randy Zutter, Paras General Contractors;
Tom Landwehr, Max J. Kuney Construction; and Jay Meyers, Garco
Construction.
DATE: May 24, 2004
Jennifer Joly
General Counsel to the GovernorMay 24, 2004
Randy Zutter
Paras General Contractors
1315 North Monroe
Spokane, WA 99201
Dear Mr. Zutter:
Pursuant to RCW 34.05.350(3), I have reviewed your May 19,
2004 petition requesting the repeal of WAC 296-155-610,
concerning operating dump trucks in reverse. I find that the
Department of Labor and Industries (L&I) had a proper basis
for its decision to adopt this rule on an emergency basis;
therefore, I have denied your request for repeal.
RCW 34.05.350 (1)(a) provides that an agency may dispense with
rulemaking requirements and adopt a rule on an emergency basis
if the "immediate adoption, amendment, or repeal of a rule is
necessary for the preservation of the public health, safety,
or general welfare, and that observing the time requirements
of notice and opportunity to comment upon adoption of a
permanent rule would be contrary to the public interest..." I
believe these conditions were met.
As noted in your petition, L&I has been working with
stakeholders from the construction industry for the last two
years to develop comprehensive rules that address dangers to
workers in construction traffic zones. Protection from
operating dump trucks driving in reverse was included as part
of the overall proposal.
In mid January 2004 specific data was available for the first
time that showed seventeen fatalities in highway construction
work zones between 1998 and 2003. While there were a variety
of causes for these fatalities, it was clear that there was a
very specific and immediate danger to workers from dump
trucks. Six fatalities were the direct result of employees
being backed over by dump trucks. In each case these trucks
were equipped with a functioning automatic backup alarm and in
compliance with existing rules. Two of the six dump truck
fatalities occurred in the 2003 highway construction season.
With the rapid approach of the 2004 construction season, the
reasonable likelihood of new fatalities, and the knowledge
that the full rulemaking on construction traffic zone safety
will not be completed until early 2005, L&I's immediate
adoption of WAC 296-155-610 is necessary for the preservation
of the public health, safety, and general welfare.
With respect to notice of this emergency rule, L&I held a
stakeholder meeting on April 16th to discuss the necessity for
the emergency rulemaking. Several representatives of the
construction industry were in attendance. Additionally, after
the meeting, L&I circulated the draft rule, including
consensus revisions that emerged from the April 16th meeting,
to an even broader group of stakeholders. No comments in
opposition were received. Nonetheless, I understand that
formal notice to stakeholders concerning the official adoption
of this emergency rule was delayed. Accordingly, the
department has agreed to suspend enforcement until June 1,
2004 to give employers more time to comply with this rule.
I encourage you to continue working with L&I on the remaining
portions of the construction traffic zone safety rules. Thank
you for your commitment to safe workplaces.
Sincerely,
Gary Locke
Governor
| cc: | Dennis Cooper, Code Reviser |
| Rich Nafziger, Chief Clerk, House of Representatives | |
| Milt Doumit, Secretary of the Senate | |
| Paul Trause, Director, Department of Labor & Industries |
Tom Landwehr, Safety Director
Max J. Kuney Construction
120 North Ralph Street
Spokane, WA 99202
Dear Mr. Landwehr:
Pursuant to RCW 34.05.350(3), I have reviewed your May 19,
2004 petition requesting the repeal of WAC 296-155-610,
concerning operating dump trucks in reverse. I find that the
Department of Labor and Industries (L&I) had a proper basis
for its decision to adopt this rule on an emergency basis;
therefore, I have denied your request for repeal.
RCW 34.05.350 (1)(a) provides that an agency may dispense with
rulemaking requirements and adopt a rule on an emergency basis
if the "immediate adoption, amendment, or repeal of a rule is
necessary for the preservation of the public health, safety,
or general welfare, and that observing the time requirements
of notice and opportunity to comment upon adoption of a
permanent rule would be contrary to the public interest..." I
believe these conditions were met.
As noted in your petition, L&I has been working with
stakeholders from the construction industry for the last two
years to develop comprehensive rules that address dangers to
workers in construction traffic zones. Protection from
operating dump trucks driving in reverse was included as part
of the overall proposal.
In mid January 2004 specific data was available for the first
time that showed seventeen fatalities in highway construction
work zones between 1998 and 2003. While there were a variety
of causes for these fatalities, it was clear that there was a
very specific and immediate danger to workers from dump
trucks. Six fatalities were the direct result of employees
being backed over by dump trucks. In each case these trucks
were equipped with a functioning automatic backup alarm and in
compliance with existing rules. Two of the six dump truck
fatalities occurred in the 2003 highway construction season.
With the rapid approach of the 2004 construction season, the
reasonable likelihood of new fatalities, and the knowledge
that the full rulemaking on construction traffic zone safety
will not be completed until early 2005, L&I's immediate
adoption of WAC 296-155-610 is necessary for the preservation
of the public health, safety, and general welfare.
With respect to notice of this emergency rule, L&I held a
stakeholder meeting on April 16th to discuss the necessity for
the emergency rulemaking. Several representatives of the
construction industry were in attendance. Additionally, after
the meeting, L&I circulated the draft rule, including
consensus revisions that emerged from the April 16th meeting,
to an even broader group of stakeholders. No comments in
opposition were received. Nonetheless, I understand that
formal notice to stakeholders concerning the official adoption
of this emergency rule was delayed. Accordingly, the
department has agreed to suspend enforcement until June 1,
2004 to give employers more time to comply with this rule.
I encourage you to continue working with L&I on the remaining
portions of the construction traffic zone safety rules. Thank
you for your commitment to safe workplaces.
Sincerely,
Gary Locke
Governor
| cc: | Dennis Cooper, Code Reviser |
| Rich Nafziger, Chief Clerk, House of Representatives | |
| Milt Doumit, Secretary of the Senate | |
| Paul Trause, Director, Department of Labor & Industries |
Jay D. Meyers, Safety Director
Garco Construction
East 4114 Broadway
Spokane, WA 99202
Dear Mr. Meyers:
Pursuant to RCW 34.05.350(3), I have reviewed your May 19,
2004 petition requesting the repeal of WAC 296-155-610,
concerning operating dump trucks in reverse. I find that the
Department of Labor and Industries (L&I) had a proper basis
for its decision to adopt this rule on an emergency basis;
therefore, I have denied your request for repeal.
RCW 34.05.350 (1)(a) provides that an agency may dispense with
rulemaking requirements and adopt a rule on an emergency basis
if the "immediate adoption, amendment, or repeal of a rule is
necessary for the preservation of the public health, safety,
or general welfare, and that observing the time requirements
of notice and opportunity to comment upon adoption of a
permanent rule would be contrary to the public interest..." I
believe these conditions were met.
As noted in your petition, L&I has been working with
stakeholders from the construction industry for the last two
years to develop comprehensive rules that address dangers to
workers in construction traffic zones. Protection from
operating dump trucks driving in reverse was included as part
of the overall proposal.
In mid January 2004 specific data was available for the first
time that showed seventeen fatalities in highway construction
work zones between 1998 and 2003. While there were a variety
of causes for these fatalities, it was clear that there was a
very specific and immediate danger to workers from dump
trucks. Six fatalities were the direct result of employees
being backed over by dump trucks. In each case these trucks
were equipped with a functioning automatic backup alarm and in
compliance with existing rules. Two of the six dump truck
fatalities occurred in the 2003 highway construction season.
With the rapid approach of the 2004 construction season, the
reasonable likelihood of new fatalities, and the knowledge
that the full rulemaking on construction traffic zone safety
will not be completed until early 2005, L&I's immediate
adoption of WAC 296-155-610 is necessary for the preservation
of the public health, safety, and general welfare.
With respect to notice of this emergency rule, L&I held a
stakeholder meeting on April 16th to discuss the necessity for
the emergency rulemaking. Several representatives of the
construction industry were in attendance. Additionally, after
the meeting, L&I circulated the draft rule, including
consensus revisions that emerged from the April 16th meeting,
to an even broader group of stakeholders. No comments in
opposition were received. Nonetheless, I understand that
formal notice to stakeholders concerning the official adoption
of this emergency rule was delayed. Accordingly, the
department has agreed to suspend enforcement until June 1,
2004 to give employers more time to comply with this rule.
I encourage you to continue working with L&I on the remaining
portions of the construction traffic zone safety rules. Thank
you for your commitment to safe workplaces.
Sincerely,
Gary Locke
Governor
| cc: | Dennis Cooper, Code Reviser |
| Rich Nafziger, Chief Clerk, House of Representatives | |
| Milt Doumit, Secretary of the Senate | |
| Paul Trause, Director, Department of Labor & Industries |
Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:
On May 24, 2004, the Governor received two petitions
requesting a repeal of an emergency rule adopted on May 5,
2004 by the Department of Labor and Industries, relating to
operating dump trucks in reverse.
The petitioners are: Wayne Brokaw, Inland Northwest AGC; and
Roberto Seghetti, Acme Concrete Paving, Inc.
DATE: May 24, 2004
Jennifer Joly
General Counsel to the GovernorMay 24, 2004
Wayne Brokaw, Executive Director
Inland Northwest AGC
Post Office Box 3266
Spokane, WA 99220-3266
Dear Mr. Brokaw:
Pursuant to RCW 34.05.350(3), I have reviewed your May 18,
2004 petition requesting the repeal of WAC 296-155-610,
concerning operating dump trucks in reverse. I find that the
Department of Labor and Industries (L&I) had a proper basis
for its decision to adopt this rule on an emergency basis;
therefore, I have denied your request for repeal.
RCW 34.05.350 (1)(a) provides that an agency may dispense with
rulemaking requirements and adopt a rule on an emergency basis
if the "immediate adoption, amendment, or repeal of a rule is
necessary for the preservation of the public health, safety,
or general welfare, and that observing the time requirements
of notice and opportunity to comment upon adoption of a
permanent rule would be contrary to the public interest..." I
believe these conditions were met.
As noted in your petition, L&I has been working with
stakeholders from the construction industry for the last two
years to develop comprehensive rules that address dangers to
workers in construction traffic zones. Protection from
operating dump trucks driving in reverse was included as part
of the overall proposal.
In mid January 2004 specific data was available for the first
time that showed seventeen fatalities in highway construction
work zones between 1998 and 2003. While there were a variety
of causes for these fatalities, it was clear that there was a
very specific and immediate danger to workers from dump
trucks. Six fatalities were the direct result of employees
being backed over by dump trucks. In each case these trucks
were equipped with a functioning automatic backup alarm and in
compliance with existing rules. Two of the six dump truck
fatalities occurred in the 2003 highway construction season.
With the rapid approach of the 2004 construction season, the
reasonable likelihood of new fatalities, and the knowledge
that the full rulemaking on construction traffic zone safety
will not be completed until early 2005, L&I's immediate
adoption of WAC 296-155-610 is necessary for the preservation
of the public health, safety, and general welfare.
With respect to notice of this emergency rule, L&I held a
stakeholder meeting on April 16th to discuss the necessity for
the emergency rulemaking. Several representatives of the
construction industry were in attendance. Additionally, after
the meeting, L&I circulated the draft rule, including
consensus revisions that emerged from the April 16th meeting,
to an even broader group of stakeholders. No comments in
opposition were received. Nonetheless, I understand that
formal notice to stakeholders concerning the official adoption
of this emergency rule was delayed. Accordingly, the
department has agreed to suspend enforcement until June 1,
2004 to give employers more time to comply with this rule.
I encourage you to continue working with L&I on the remaining
portions of the construction traffic zone safety rules. Thank
you for your commitment to safe workplaces.
Sincerely,
Gary Locke
Governor
| cc: | Dennis Cooper, Code Reviser |
| Rich Nafziger, Chief Clerk, House of Representatives | |
| Milt Doumit, Secretary of the Senate | |
| Paul Trause, Director, Department of Labor & Industries |
Roberto M. Seghetti
Acme Concrete Paving, Inc.
4124 East Broadway
Spokane, WA 99202
Dear Mr. Seghetti:
Pursuant to RCW 34.05.350(3), I have reviewed your May 18,
2004 petition requesting the repeal of WAC 296-155-610,
concerning operating dump trucks in reverse. I find that the
Department of Labor and Industries (L&I) had a proper basis
for its decision to adopt this rule on an emergency basis;
therefore, I have denied your request for repeal.
RCW 34.05.350 (1)(a) provides that an agency may dispense with
rulemaking requirements and adopt a rule on an emergency basis
if the "immediate adoption, amendment, or repeal of a rule is
necessary for the preservation of the public health, safety,
or general welfare, and that observing the time requirements
of notice and opportunity to comment upon adoption of a
permanent rule would be contrary to the public interest..." I
believe these conditions were met.
As noted in your petition, L&I has been working with
stakeholders from the construction industry for the last two
years to develop comprehensive rules that address dangers to
workers in construction traffic zones. Protection from
operating dump trucks driving in reverse was included as part
of the overall proposal.
In mid January 2004 specific data was available for the first
time that showed seventeen fatalities in highway construction
work zones between 1998 and 2003. While there were a variety
of causes for these fatalities, it was clear that there was a
very specific and immediate danger to workers from dump
trucks. Six fatalities were the direct result of employees
being backed over by dump trucks. In each case these trucks
were equipped with a functioning automatic backup alarm and in
compliance with existing rules. Two of the six dump truck
fatalities occurred in the 2003 highway construction season.
With the rapid approach of the 2004 construction season, the
reasonable likelihood of new fatalities, and the knowledge
that the full rulemaking on construction traffic zone safety
will not be completed until early 2005, L&I's immediate
adoption of WAC 296-155-610 is necessary for the preservation
of the public health, safety, and general welfare.
With respect to notice of this emergency rule, L&I held a
stakeholder meeting on April 16th to discuss the necessity for
the emergency rulemaking. Several representatives of the
construction industry were in attendance. Additionally, after
the meeting, L&I circulated the draft rule, including
consensus revisions that emerged from the April 16th meeting,
to an even broader group of stakeholders. No comments in
opposition were received. Nonetheless, I understand that
formal notice to stakeholders concerning the official adoption
of this emergency rule was delayed. Accordingly, the
department has agreed to suspend enforcement until June 1,
2004 to give employers more time to comply with this rule.
I encourage you to continue working with L&I on the remaining
portions of the construction traffic zone safety rules. Thank
you for your commitment to safe workplaces.
Sincerely,
Gary Locke
Governor
| cc: | Dennis Cooper, Code Reviser |
| Rich Nafziger, Chief Clerk, House of Representatives | |
| Milt Doumit, Secretary of the Senate | |
| Paul Trause, Director, Department of Labor & Industries |