WSR 21-09-067
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed April 20, 2021, 8:23 a.m., effective June 1, 2021]
Effective Date of Rule: June 1, 2021.
Purpose: The division of occupational safety and health (DOSH) updated the requirements in chapter 296-155 WAC, Safety standards for construction work, Part S, Demolition. This rule making removed confusing and unnecessary language, added clarification where necessary throughout the rule to improve the safety of employees working in the demolition industry, as well as improve public safety. Other updates and housekeeping changes were made throughout this chapter where needed.
Following an investigation of demolition violations related to the Highway 410 overpass collapse and a subsequent review of the citation history for the demolition requirements under chapter 296-155 WAC, Part S, the department of labor and industries (L&I) determined that rule changes were needed to ensure that demolition plans were developed and implemented.
The current rule requires an engineering survey to be conducted prior to starting demolition to determine structural integrity and the possibility of unplanned collapse of any portion of the structure. However, the current rule does not require that a demolition plan be developed based upon engineering survey.
The department determined that rule changes were needed to ensure demolition plans were developed based upon the engineering survey and the demolition plan must incorporate conditions of the framing, floors, and walls, and potential of unplanned collapse and any portion of the structure(s).
Hazards, such as unplanned collapses and flying or dropping debris, can injure both workers and the public. These hazards can be mitigated with an engineering survey and a demolition plan.
The adopted language requires that prior to permitting employees to start demolition operations, a competent person must make an engineering survey of the structure to determine the structural integrity and the possibility of unplanned collapse of any portion of the structure; and must similarly check adjacent structures where employees may be exposed.
The adopted language requires employers to develop and implement a written demolition plan tailored to the operation and to the types of hazards involved, which must be kept on the job site.
In addition, on June 2, 2020, L&I adopted new fall protection standards. L&I updated its fall protection rules after receiving notification from the Federal Occupational Safety and Health Administration (OSHA) advising L&I to update the requirements in chapter 296-155 WAC, Safety standards for construction work, Part C-1 fall protection requirements for construction, in order for them to be at-least-as-effective-as those administered by OSHA. As such, the adopted changes in chapter 296-155 WAC, Safety standards for construction work, Part S, Demolition, were made to align with the fall protection standards in chapter 296-880 WAC, Unified safety standards for fall protection.
New Section:
WAC 296-155-774 Definitions and applicability. Specifically, the adopted rule:
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| • | Included a scope of the rule. |
| • | Added the following new definitions to this subpart: Competent person and demolition. Definition of "competent person" duplicated from chapter 296-155 WAC, Safety standards for construction work, Part A, so employers/workers can more easily locate. |
| • | Added the following references related to the use of equipment: Ladder use requirements found in chapter 296-876 WAC; Scaffolds use found in chapter 296-874 WAC; Crane and derricks use found in chapter 296-155 WAC, Part L; Elevated work platforms found in chapter 296-869 WAC; and use of hoists found in chapter 296-155 WAC, Part R. |
Amended Sections: WAC 296-155-775 Preparatory operations.
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| • | Renumbered subsection (1) to become subsection (1)(a) and added clarifying language. Adopted language clarifies that the determination of structural integrity includes the condition and structural integrity of framing, floors, and walls under subsection (1)(a). This language is also consistent with OSHA's requirement under 29 C.F.R. 1926.850(a). |
| • | Renumbered subsection (2) to become subsection (1)(b) and added clarifying language that a copy of engineering survey is to be kept on the job site for the duration of the demolition operation. |
| • | Renumbered subsection (3) to become subsection (2)(a) and requires the development and implementation of a written demolition plan to incorporate conditions identified in the engineering survey. |
| • | Renumbered subsection (3)(b) to become subsection (2)(b) and requires that the written demolition plan be available on site for inspection. Deleted some content in previous subsection (3), and renumbered the following items. |
| • | Renumbered subsection (4) to become subsection (3) and changes made for clarity. |
| • | Renumbered subsection (5) to become subsection (4) and clarified the language. |
| • | Renumbered subsection (6) to become subsection (5). |
| • | Renumbered subsection (7) to become subsection (6). |
| • | Renumbered subsection (8) to become subsection (7). |
| • | Renumbered subjection [subsection] (9) to become subsection (8). In addition, subsection (8) divided into three new subsections (a), (b), and (c) to provide clarification. |
| • | Subsection (8)(a) added reference to adjacent structures. The adopted language in WAC 296-155-775 (8)(a) clarifies rule language by adding language that adjacent structures that could be affected by the demolition operations must be checked and are included in the scope of the demolition activities. This is not an increase in requirement but clarifies the requirements under the current rules with what is required in an engineering survey and considered part of the "demolition worksite." |
| • | Subsection (8)(b) clarified testing must be performed and hazards eliminated before demolition is started. |
| • | Subsection (8)(c) added reference to other federal, state, or local regulations, laws, or rules. |
| • | Updated title of subsection (9) to address removal of material that may cause dust to be formed. |
| • | Added subsection (9)(a) to address the removal of material exposing employees to airborne hazards by following requirements in chapter 296-841 WAC, Airborne contaminants. |
| • | Added subsection (9)(b) to address the removal of material exposing employees to respirable crystalline silica by following requirements in chapter 296-840 WAC, Respirable crystalline silica. |
| • | Added language to subsection (10) to state hazards must be removed prior to starting demolition activities. |
| • | Updated language in subsection (11) whereby workers will be protected by the use of a guardrail system, safety net system, personal fall arrest system, or personal fall restraint system. Added language to clarify that a wall opening can include those with chutes attached. Added language to clarify when a hazard exists from wall openings. The adopted language in WAC 296-155-775(11) adds language to clarify when a hazard exists from wall openings by aligning with existing requirements when wall openings must be guarded. Changes are to align with and be as-effective-as OSHA requirements. The adopted language will align with the guarding requirements for openings in the unified fall protection standard under WAC 296-880-20005(4), previously under chapter 296-155 WAC, Safety standards for construction work, Part C-1, Fall protection requirements for construction, in WAC 296-155-24609. The adopted language adds additional options for fall protection other than guardrails. These are additional options that an employer can choose to use as an alternative to the requirement for guardrails. As these are options available to the employer, there is no cost for compliance. It is expected that employers will choose to use [it] when it is a more feasible option. |
| • | Added title in subsection (13) "Cover requirement-holes." |
| • | Updated language in subsection (13)(a) regarding load weight for hole covers. The adopted language in WAC 296-155-775 (13)(a) adds language to clarify the strength requirements for hole covers to be consistent with the requirements under OSHA's construction fall protection rule under 29 C.F.R. 1926.502 (i)(2), and OSHA's 29 C.F.R. 1910.29 (e)(1) General Industry Standard; and under DOSH's unified safety standards for fall protection. The requirement to cover holes is addressed in WAC 296-880-20005(3). Cover specifications (strength) are addressed in WAC 296-880-40015. |
| • | Added subsection (13)(b) to address signage to increase hazard warnings: "You must mark each cover with the word "hole" or "cover" to provide warning of the hazard." The current demolition rule does not include requirements for the marking of hole covers which is inconsistent with OSHA 29 C.F.R. 1926.502 (i)(2) and DOSH's unified fall protection rule under WAC 296-880-40015(3). The adopted language aligns with OSHA and DOSH fall protection standards. |
| • | Updated language in subsection (13)(c) regarding covers to read: "You must secure all covers to prevent accidental displacement by wind, equipment, or employees." The adopted language in WAC 296-155-775 (13)(c) clarifies to the requirements to secure hole covers to prevent accidental displacement by wind, equipment, or employees. The adopted language aligns with the securing of hole covers under OSHA fall protection rule under 29 C.F.R. 1926.502 (i)(3) and DOSH's unified fall protection rule under WAC 296-880-40015(2). |
| • | Deleted the term "completely" from subsection (16). The word "completely" is not defined in the standard, and is not necessary for implementation of the subsection. Completely is implied in the need to protect employees. |
| • | Updated language in subsection (17) for clarity to read: "You must withdraw, drive in, or bend over nails protruding from boards, planks or timber as soon as the same is removed from the structure being demolished." Adopted changes clarify the rule language using plain talk standards to make the rule more understandable. |
| • | Deleted subsection (18) as addressed under new language under WAC 296-155-775(9). |
WAC 296-155-780 Stairs, passageways, and ladders.
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| • | Replaced the word "covered" with "cover" for clarity. |
WAC 296-155-785 Chutes.
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| • | Added language to update subsection (1) to be in accordance with WAC 296-155-775(12). |
| • | Deleted the word "substantial" from subsection (3), as it is not defined in chapter 296-155 WAC, Safety standards for construction work. Adopted changes clarify the rule language using plain talk standards to make the rule more understandable. |
| • | Updated language in subsection (5) to delete the word "substantial" and replace with the word "standard." The adopted language in WAC 296-155-785 Chutes, is updated to align with OSHA in order to be as-effective-as OSHA requirements. Currently, WAC 296-155-785 requires a "substantial guardrail between 36 and 42 inches above the floor or other surface" is less effective than OSHA. While OSHA's demolition rule requires guarding to a height of 42 inches, OSHA's fall protection rule under 29 C.F.R. 1926.502 (b)(1) requires a top guard rail of 42 inches plus or minus 3 inches above the walking/working level (a minimum of 39 inches and a maximum of 45 inches). As such, requiring the height to be at least 39 inches is as-effective-as OSHA. This change also aligns with the guardrail height requirements under DOSH's unified fall protection rule in WAC 296-880-40005(1). |
WAC 296-155-790 Removal of materials through floor openings.
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| • | Deleted the word "safely," as it is not defined in chapter 296-155 WAC, Safety standards for construction work. Adopted change is to clarify rule language using plain talk standards to make the rule more understandable. The term "safely" is implied. |
WAC 296-155-795 Removal of walls, masonry sections, and chimneys.
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| • | Updated subsection (9) for clarity and deleted the word "safely," as it is not defined in chapter 296-155 WAC, Safety standards for construction work. Adopted change is to clarify rule language using plain talk standards to make the rule more understandable. The term "safely" is implied. |
WAC 296-155-810 Catch platforms.
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| • | Updated language in subsection (4) to state "Catch platforms must meet the strength requirements of supported scaffolds in chapter 296-874 WAC." The adopted language in WAC 296-155-810 Catch platforms, to "meet the strength and stability requirements of supported scaffolds in chapter 296-874 WAC" is based upon OSHA "not at-least-as-effective-as" determination letter to DOSH regarding catch platforms. OSHA considers catch platforms to be scaffolds and as such have to meet the strength and stability requirements of scaffolds. |
Citation of Rules Affected by this Order: New WAC 296-155-774; and amending WAC 296-155-775, 296-155-780, 296-155-785, 296-155-790, 296-155-795, and 296-155-810.
Other Authority: Chapter
49.17 RCW.
Adopted under notice filed as WSR 21-04-133 on February 2, 2021.
A final cost-benefit analysis is available by contacting Cathy Coates, P.O. Box 44620, Olympia, WA 98504-4620, phone 360-902-5432, fax 360-902-5619, email Cathy.Coates@Lni.wa.gov, website https://lni.wa.gov/safety-health/safety-rules/rulemaking-stakeholder-information/sh-rules-stakeholder-demolition.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 5, 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 1, Amended 6, 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: April 20, 2021.
Joel Sacks
Director
OTS-2035.6
NEW SECTION
WAC 296-155-774Definitions and applicability.
This part sets forth requirements to protect employees from hazards associated with demolition operations.
Competent person. One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective action to eliminate them.
Demolition. Dismantling, razing, destroying, or wrecking any building or structure or any part thereof, including any related handling operations.
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 will prevail.
Reference:
Requirements for the use of ladders found in chapter 296-876 WAC.
Requirements for the use of scaffolds found in chapter 296-874 WAC.
Requirements for the use of cranes and derricks found in chapter 296-155 WAC, Part L.
Requirements for the use of elevated work platforms found in chapter 296-869 WAC.
Requirements for the use of hoists found in chapter 296-155 WAC, Part R.
AMENDATORY SECTION(Amending WSR 16-09-085, filed 4/19/16, effective 5/20/16)
WAC 296-155-775Preparatory operations.
(1)(a) Prior to permitting employees to start demolition operations, ((you must make an engineering survey, by a competent person,))a competent person must perform an engineering survey of the structure(s) to determine the condition and structural integrity of the framing, floors, walls, and the possibility of unplanned collapse of any portion of the structure(s). Any adjacent structure(s) where employees may be exposed must also be similarly checked. ((You must similarly check adjacent structures where employees may be exposed. You must have in writing, evidence that such a survey has been performed.
(2) You must maintain a copy of the survey report and of the plans and/or methods of operations at the job site for the duration of the demolition operation))(b) You must maintain a copy of the engineering survey at the job site for the duration of the demolition operation.
(2)(a) You must develop and implement a written demolition plan tailored to the operation and to the types of hazards involved. The demolition plan must incorporate conditions of the framing, floors, and walls, and potential of unplanned collapse of any portion of the structure(s) identified in the engineering survey.
(b) The demolition plan must be available on the job site for inspection by the department.
(3) ((Any device or equipment such as scaffolds, ladders, derricks, hoists, etc., used in connection with demolition work must be constructed, installed, inspected, maintained and operated in accordance with the regulations governing the construction, installation, inspection, maintenance and operation of such device or equipment as specified in other parts of this chapter.
(4))) You must observe federal and state codes, safety standards, rules, regulations, and ordinances governing any and all phases of demolition work at all times.
(((5)))(4) You must conduct demolition of all buildings and structures under ((competent))the supervision((, and you must afford safe working conditions to the employees))of a competent person.
(((6)))(5) When employees are required to work within a structure to be demolished which has been damaged by fire, flood, explosion, or other cause, you must shore or brace the walls or floors.
(((7)))(6) You must shut off, cap, or otherwise control all electric, gas, water, steam, sewer, and other service lines outside the building line before demolition work is started. In each case, you must notify any utility company which is involved in advance.
(((8)))(7) If it is necessary to maintain any power, water or other utilities during demolition, such lines must be temporarily relocated, as necessary, and protected.
(((9)))(8)(a) You must determine ((whether))if asbestos, hazardous materials, hazardous chemicals, gases, explosives, flammable materials, or similarly dangerous substances are present at the ((work site))worksite and adjacent structures that could be affected by the demolition operation.
(b) When the presence of any such substance is apparent or suspected, ((you must perform)) testing and removal ((or purging and eliminate))must be performed and the hazard eliminated before demolition is started.
(c) Testing and removal of such substances must be in accordance with the requirements of chapters 296-62 and 296-65 WAC, and any other applicable federal, state, or local regulations, laws, or rules.
(9) When the removal of material may cause dust to be formed:
(a) When the removal of material may expose employees to airborne hazards the requirements in chapter 296-841 WAC must be followed.
(b) When the removal of material may expose employees to respirable crystalline silica, the requirements in chapter 296-840 WAC must be followed.
(10) Where a hazard exists from fragmentation of glass, you must remove such hazards prior to starting demolition activities.
(11) ((Where a hazard exists to employees falling through wall openings, you must protect the opening to a height of between 36 and 42 inches.))You must ensure that each employee working on, at, above, or near wall openings (including those with chutes attached) where the outside bottom edge of the wall opening is 4 feet or more above a lower level and the inside bottom edge of the wall opening is less than 39 inches above the working surface, are protected from falling by the use of a guardrail system, safety net system, personal fall arrest system, or personal fall restraint system in accordance with chapter 296-880 WAC, Unified safety standards for fall protection.
(12) When debris is dropped without the use of chutes, the area onto which the material is dropped must be completely enclosed with barricades not less than 42 inches high and not less than 20 feet back from the projected edge of the opening above. You must post signs, warning of the hazard of falling materials, at each level. You must not permit removal in this lower area until debris handling ceases above.
(13) ((All floor openings, not used as material drops, must be covered over with material substantial enough to support the weight of any load which may be imposed))Cover requirement - Holes.
(a) Hole covers must be capable of supporting, without failure, at least twice the weight of employees, equipment, and materials that may be imposed on the cover at any one time.
(b) You must mark each cover with the word "hole" or "cover" to provide warning of the hazard.
(c) You must ((properly)) secure ((such material))all covers to prevent ((its)) accidental ((movement))displacement by wind, equipment, or employees.
(14) Except for the cutting of holes in floors for chutes, holes through which to drop materials, preparation of storage space, and similar necessary preparatory work, you must begin the demolition of exterior walls and floor construction at the top of the structure and proceed downward. You must remove and drop each story of exterior wall and floor construction into the storage space before commencing the removal of exterior walls and floors in the story next below.
(15) You must not permit workers to carry on a demolition operation which will expose persons working on a lower level to danger.
(16) You must ((completely)) protect employee entrances to multistory structures being demolished by sidewalk sheds or canopies, or both, providing protection from the face of the building for a minimum of 8 feet. All such canopies must be at least two feet wider than the building entrances or openings (one foot wider on each side thereof), and must be capable of sustaining a load of 150 pounds per square foot.
(17) You must withdraw, drive in, or bend over nails protruding ((nails in))from boards, planks ((and))or timber((, driven in or bent over)) as soon as the same is removed from the structure being demolished.
(((18) You must sprinkle any material to be removed which will cause dust to be formed, with water to lay the dust incidental to its removal.))
AMENDATORY SECTION(Amending WSR 16-09-085, filed 4/19/16, effective 5/20/16)
WAC 296-155-780Stairs, passageways, and ladders.
(1) You must only use those stairways, passageways, and ladders, designated as means of access to the structure of building. Other access ways must be entirely closed off at all times.
(2) You must periodically inspect all stairs, passageways, ladders and incidental equipment thereto, which are covered by this section and maintain them in a clean safe condition.
(3) You must secure all ladders in position.
(4) In a multistory building, when a stairwell is being used, you must properly illuminate by either natural or artificial means, and completely and substantially ((covered))cover over at a point not less than two floors below the floor on which work is being performed. Access to the floor where the work is in progress must be through a properly lighted, protected, and separate passageway.
AMENDATORY SECTION(Amending WSR 16-09-085, filed 4/19/16, effective 5/20/16)
WAC 296-155-785Chutes.
(1) You must not drop any material to any point lying outside the exterior walls of the structure unless the area is ((effectively)) protected in accordance with WAC 296-155-775(12).
(2) All materials chutes, or sections thereof, at an angle of more than 45° from the horizontal, must be entirely enclosed, except for openings equipped with closures at or about floor level for the insertion of materials. The openings must not exceed 48 inches in height measured along the wall of the chute. At all stories below the top floor, you must keep such openings closed when not in use.
(3) You must install a ((substantial)) gate in each chute at or near the discharge end. A competent employee must be assigned to control the operation of the gate, and the backing and loading of trucks.
(4) When operations are not in progress, you must securely close off the area surrounding the discharge end of a chute.
(5) You must protect any chute opening, into which workers dump debris, by a ((substantial))standard guardrail between ((36))39 and ((42))45 inches above the floor or other surface on which the employees stand to dump the material. You must solidly cover over any space between the chute and the edge of openings in the floors through which it passes.
(6) Where the material is dumped from mechanical equipment or wheelbarrows, you must provide a securely attached toeboard or bumper, not less than 4 inches thick and 6 inches high, at each chute opening.
(7) Chutes must be designed and constructed of such strength as to eliminate failure due to impact of materials or debris loaded therein.
AMENDATORY SECTION(Amending WSR 16-09-085, filed 4/19/16, effective 5/20/16)
WAC 296-155-790Removal of materials through floor openings.
Any openings cut in a floor for the disposal of materials must be no larger in size than 25% of the aggregate of the total floor area, unless the lateral supports of the removed flooring remain in place. Floors weakened or otherwise made unsafe by demolition operations must be shored to carry ((safely)) the intended imposed load from demolition operations.
AMENDATORY SECTION(Amending WSR 16-09-085, filed 4/19/16, effective 5/20/16)
WAC 296-155-795Removal of walls, masonry sections, and chimneys.
(1) You must not permit masonry walls, or other sections of masonry, to fall upon the floors of the building in such masses as to exceed the safe carrying capacities of the floors.
(2) You must not permit any wall section, which is more than one story in height, to stand alone without lateral bracing, unless such wall was originally designed and constructed to stand without such lateral support, and is in a condition safe enough to be self-supporting. You must leave all walls in a stable condition at the end of each shift.
(3) You must not permit employees to work on the top of a wall when weather conditions constitute a hazard.
(4) You must not cut or remove structural or load-supporting members on any floor until all stories above such a floor have been demolished and removed. This provision must not prohibit the cutting of floor beams for the disposal of materials or for the installation of equipment, provided that the requirements of WAC 296-155-790 and 296-155-800 are met.
(5) You must plank solid floor openings within 10 feet of any wall being demolished, except when employees are kept out of the area below.
(6) In buildings of "skeleton-steel" construction, the steel framing may be left in place during the demolition of masonry. Where this is done, you must clear all steel beams, girders, and similar structural supports of all loose material as the masonry demolition progresses downward.
(7) You must provide walkways or ladders to enable employees to safely reach or leave any scaffold or wall.
(8) You must not demolish walls, which serve as retaining walls to support earth or adjoining structures, until such earth has been properly braced or adjoining structures have been properly underpinned.
(9) You must not use walls((, which are to serve)) as retaining walls against which debris will be piled, unless such walls are capable of ((safely)) supporting the imposed load.
AMENDATORY SECTION(Amending WSR 16-09-085, filed 4/19/16, effective 5/20/16)
WAC 296-155-810Catch platforms.
(1) During the demolition of the exterior walls of a structure originally more than 70 feet high, you must erect catch platforms along the exterior faces of such walls where necessary to prevent injury to persons working below.
(2) You must construct and maintain such catch platforms not more than 3 stories below the story from which the exterior walls are being removed, until the demolition has progressed to within 3 stories of the ground level.
(3) Catch platforms must not be less than 5 feet in width measured in a horizontal distance from the face of the structure and constructed of outriggers and planks. You must lay planks tight together and without openings between the planks and the wall.
Note: | Catch platforms may be constructed of other approved materials of equal strength and security against falling material. |
(4) Catch platforms must ((be capable of sustaining a uniform live load of not less than 125 pounds per square foot))meet the strength and stability requirements of supported scaffolds in chapter 296-874 WAC.