Subject of Possible Rule Making: Excavating and trenching; chapter 296-45 WAC, Safety standards for electrical workers; chapter 296-843 WAC, Hazardous waste operations; chapter 296-155 WAC, Safety standards for construction work; and chapter 296-821 WAC, Excavating and trenching.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, 49.17.040, 19.17.050 [49.17.050], and 49.17.060.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is proposing to rewrite and clarify requirements relating to excavation, trenching, and shoring that are currently contained in Part N, chapter 296-155 WAC, Safety standards for construction work. Current requirements will be repealed and published in a separate chapter 296-821 WAC.

     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 OSHA, are known to regulate these subjects.

     Process for Developing New Rule: The department must adopt rules identical to or at-least-as-effective-as OSHA rules as required by the OSHA/WISHA state plan agreement. Parties interested in the formulation of these rules may contact the person 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) 902-5619, e-mail HUGW235@LNI.WA.GOV.

March 21, 2006

Gary Weeks

Director

© Washington State Code Reviser's Office