WSR 97-03-131
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed January 22, 1997, 11:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-06-034 on March 1, 1996; and WSR 96-06-078 on March 6, 1996.
Title of Rule: Agriculture--Clear rule writing and pesticides, chapters 296-306 and 296-306A WAC.
Purpose: Note: The majority of the amendments being proposed in this filing were previously proposed and scheduled for public hearing on December 27, 1996. Due to weather conditions, the December 27, 1996, hearing was cancelled. This proposal reschedules the hearing and includes additional housekeeping corrections to chapter 296-306A WAC not previously proposed.
Chapter 296-306 WAC, Safety standards for agriculture, state-initiated amendments to chapter 296-306 WAC are made to repeal WAC 296-306-060 Personal protective equipment, 296-306-330 Decontamination, 296-306-400 Posting requirements, 296-306-40007 Emergency medical care information, and 296-306-40009 Emergency assistance. This action is being taken to correct an error in a previous rule proposal and adoption.
Recently, the Department of Labor and Industries and the Department of Agriculture worked together to jointly adopt the federal Environmental Protection Agency worker protection standard to fulfill the requirements of SHB 2703. This adoption occurred September 30, 1996, with an effective date of November 1, 1996. In that adoption, the new pesticides sections adopted were included in the new agriculture standard, chapter 296-306A WAC. It was the department's intention to repeal the old pesticide sections in the old chapter, chapter 296-306 WAC, at the same time. However, due to a filing oversight, these sections were not repealed as intended. An emergency adoption on November 1, 1996, repealed the old pesticide sections so two sets of pesticide rules are not in effect at the same time.
Chapter 296-306A WAC, Safety standards for agriculture, state-initiated proposed amendments are made to correct inadvertent housekeeping errors in the October 31, 1996, adoption of the new agriculture standard which became effective on December 1, 1996. The sole purpose of the new agriculture standard's proposal and adoption was to produce a clearly written agriculture standard that was easy to use that did not change existing requirements. After adoption, the department discovered unintended errors in the adopted standard and is proposing these amendments to correct those errors.
WAC 296-306A-08018 What employee training requirements apply to ROPS used on agricultural tractors? Proposed amendments are made to:
Insert Exhibit A, Employee Operating Instructions, referred to in subsection (1).
WAC 296-306A-16003 How must camp shelters be constructed? Proposed amendments are made to:
Insert subsection (11) in between the two sentences of subsection (10).
Renumber subsection (12) to subsection (11).
WAC 296-306A-16013 What lighting must an employer provide in camp buildings? Proposed amendments are made to:
Insert the phrase "Where electric service is available," at the beginning of the first sentence in the section. The proposed corrected sentence reads, "Where electric service is available, each habitable room in a camp must have at least one ceiling-type fixture and at least one separate floor-type or wall-type convenience outlet."
WAC 296-306A-32001 What does this section cover? Proposed amendments are made to:
Insert the word "unexpected" before the words "start up." The proposed corrected sentence reads, "WAC 296-306A-320 covers the servicing and maintenance of machines and equipment in which the unexpected start up of the machine or equipment or release of stored energy could cause injury to employees."
Statutory Authority for Adoption: Chapter 49.17 RCW.
Statute Being Implemented: RCW 49.17.040, [49.17].050, [49.17].060.
Summary: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, 7273 Linderson Way, Tumwater, WA, (360) 902-5530; Implementation and Enforcement: Frank Leuck, 7273 Linderson Way, Tumwater, WA, (360) 902-5495.
Name of Proponent: Department of Labor and Industries, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 296-306 WAC, the department has determined a small business economic impact statement is not necessary to meet the requirements of the Regulatory Fairness Act, chapter 19.85 RCW, because the proposed amendments do not place more than minor impact on business.
Chapter 296-306A WAC, the department has determined a small business economic impact statement is not necessary to meet the requirements of the Regulatory Fairness Act, chapter 19.85 RCW, because there are no probable costs associated with the amendments proposed.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Chapter 296-306 WAC, significant rule-making criteria does not apply. The proposed rule proposes no significant modifications to the standard. Chapter 296-306A WAC, significant rule-making criteria does not apply to these rule amendments because they meet the exempt criteria outlined in RCW 34.05.328 (5)(b).
Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on February 26, 1997, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Linda Dausener by February 14, 1997, (360) 902-5516.
Submit Written Comments to: Tracy Spencer, Standards Manager, Division of Consultation and Compliance, P.O. Box 44620, Olympia, WA 98507-4620, by March 5, 1997.
In addition to written comments, the department will accept comments submitted to FAX (360) 902-5529. Comments submitted by FAX must be ten pages or less.
Date of Intended Adoption: March 31, 1997.
January 22, 1997
Gary Moore
Director
AMENDATORY SECTION (Amending WSR 96-22-048, filed 10/31/96, effective
12/1/96)
WAC 296-306A-16003 How must camp shelters be constructed? (1) You must ensure that every shelter in the camp is constructed to provide protection against the elements.
(2) Each room used for sleeping purposes must have at least 50 square feet of floor space for each occupant. The room must have at least a 7-foot ceiling.
(3) You must provide beds, cots, or bunks, and suitable storage facilities such as wall lockers for clothing and personal articles in every sleeping room.
(a) Beds must be at least 36 inches apart, both laterally and end to end, and the frame must keep mattresses at least 12 inches off the floor.
(b) Double-deck bunks must be spaced at least 48 inches apart, both laterally and end to end.
(c) The minimum clear space between lower and upper bunks must be at least 27 inches.
(d) Triple-deck bunks are prohibited.
(4) The floors of each shelter must be constructed of wood, asphalt, or concrete. Wooden floors must be smooth and tight. The floors must be kept in good repair.
(5) All wooden floors must be elevated at least 1 foot above ground level at all points to prevent dampness and to permit free air circulation.
(6) You may "bank" around outside walls with earth or other suitable material to guard against extreme low temperatures.
(7) All living quarters must have windows covering a total area equal to at least one-tenth of the floor area. You must ensure that at least one-half of each window can be opened for ventilation.
(8) All exterior openings must be screened with 16-mesh material. All screen doors must have self-closing devices.
(9) You must ensure that each dwelling unit has at least 70 square feet of floor space for the first occupant and at least 50 square feet of floor space for each additional occupant. In a family unit, the husband and wife must have a separate sleeping area whenever living with one or more children over six years old.
(10) In camps with common cooking facilities, you must provide stoves in an enclosed and screened shelter. You must provide sanitary facilities for storing and preparing food. You must provide one stove for every 10 people or one stove for every two families.
(11) ((You must provide sanitary facilities for storing and
preparing food.
(12))) If a camp is used during cold weather, you must provide
adequate heating equipment.
Note: All heating, cooking, and water heating equipment must be installed according to state and local ordinances, codes, and regulations governing such installations.
[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-16003, filed 10/31/96, effective 12/1/96.]
AMENDATORY SECTION (Amending WSR 96-22-048, filed 10/31/96, effective
12/1/96)
WAC 296-306A-16013 What lighting must an employer provide in camp
buildings? Where electric service is available, each habitable room in
a camp must have at least one ceiling-type light fixture and at least one
separate floor-type or wall-type convenience outlet. Laundry and toilet
rooms and rooms where people congregate must have at least one ceiling-type or wall-type fixture. Light levels in toilet and storage rooms must
be at least 20 foot-candles 30 inches from the floor. Other rooms,
including kitchens and living quarters, must be at least 30 foot-candles
30 inches from the floor.
[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-16013, filed 10/31/96, effective 12/1/96.]
AMENDATORY SECTION (Amending WSR 96-22-048, filed 10/31/96, effective
12/1/96)
WAC 296-306A-08018 What employee training requirements apply to
ROPS used on agricultural tractors? (1) You must ensure that every
employee who operates an agricultural tractor is informed of the
operating practices listed below and of any other practices dictated by
the work environment. You must provide the information at the time of
initial assignment and at least annually thereafter.
exhibit a
employee operating instructions
1. Securely fasten your seat belt if the tractor has a ROPS.
2. Where possible, avoid operating the tractor near ditches, embankments and holes.
3. Reduce speed when turning, crossing slopes and on rough, slick or muddy surfaces.
4. Stay off slopes too steep for safe operation.
5. Watch where you are going, especially at row ends, on roads and around trees.
6. Passengers, other than persons required for instruction or machine operation, shall not be permitted to ride on equipment unless a passenger seat or other protective device is provided.
7. Operate the tractor smoothly--no jerky turns, starts, or stops.
8. Hitch only to the drawbar and hitch points recommended by tractor manufacturers.
9. When tractor is stopped, set brakes securely and use park lock if
available.
(2) You must ensure that every employee who operates an agriculture tractor is trained specifically in the operation of the tractor to be used. The training must include an orientation of the operator to the topographical features of the land where the tractor will be operated. Training must emphasize safe operating practices to avoid rollover.
(3) The tractor training program must be described in the written
accident prevention program required by WAC 296-306A-030.
[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-08018, filed 10/31/96, effective 12/1/96.]
AMENDATORY SECTION (Amending WSR 96-22-048, filed 10/31/96, effective
12/1/96)
WAC 296-306A-32001 What does this section cover? (1) WAC 296-306A-320 covers the servicing and maintenance of machines and equipment in which the unexpected start up of the machine or equipment or release of stored energy could cause injury to employees. This standard establishes minimum performance requirements for the control of such hazardous energy.
(2) Normal production operations are not covered by this standard. Servicing and/or maintenance that takes place during normal production operations is covered by this standard only if:
(a) An employee is required to remove or bypass a guard or other safety device; or
(b) An employee is required to place a body part into a point of
operation or where an associated danger zone exists during a machine
operating cycle.
Exception: Minor servicing activities, that take place during normal production operations, are not covered by this standard if they are routine, repetitive, and integral to the use of the
equipment for production, provided that the work is performed using alternative measures that provide effective protection.
[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-32001, filed 10/31/96, effective 12/1/96.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 296-306-060 Personal protective equipment.
WAC 296-306-330 Decontamination.
WAC 296-306-400 Posting requirements.
WAC 296-306-40007 Emergency medical care information.
WAC 296-306-40009 Emergency assistance.