WSR 98-02-029

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed December 31, 1997, 11:14 a.m.]

Date of Adoption: December 31, 1997.

Purpose: Chapter 296-63 WAC, Right to know fee assessments, the legislature established the right to know program in 1984 to disclose information about hazardous substances in the workplace and community, and to provide residents of Washington state access to hazardous substance information (chapter 49.70 RCW). RCW 49.70.170 requires the department to adopt the rules necessary to collect fees from certain employers to support the right to know program.

Employers granted exemptions from paying right to know fees are no longer required to pay the fee for the billing period in which the exemption is granted, resulting in more equitable treatment of employers. Redundant language relating to retroactive exemptions has been eliminated, although this does not affect the prohibition against granting retroactive exemptions. There are no additional compliance requirements.

Amended section WAC 296-63-009 Exemption requests, state-initiated amendments are made to:

WAC 296-63-009(1): Wording changes in this subsection allow the exemption to take effect immediately upon approval by the agency.

WAC 296-63-009(2): Delete this subsection to eliminate redundant language.

Citation of Existing Rules Affected by this Order: Amending 1 [WAC 296-63-009].

Statutory Authority for Adoption: RCW 49.70.170 and 49.17.040.

Adopted under notice filed as WSR 97-21-042 on October 10, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 1, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 31, 1997

Gary Moore

Director

AMENDATORY SECTION (Amending Order 86-38, filed 11/6/86)

WAC 296-63-009 Exemption requests. (1) Employers who do not have hazardous chemicals at their workplace may submit a written request for exemption to the department. Submission of an exemption request does not relieve an employer of his/her obligation to pay the fee assessment until such time as the request is approved. Employers granted exemptions will be removed from the listing of employers to be assessed a fee beginning with the ((first)) current billing ((following the date the exemption request is approved)) period.

(2) ((Retroactive exemption requests shall not be granted.

(3))) Exemptions shall only be considered for an employer's entire workplace consisting of all activities reported to the department under the same employer identification number.

(((4))) (3) Each request for exemption must contain the following information:

(a) Firm name and employer identification number;

(b) Complete mailing address;

(c) Complete location (such as street) address;

(d) A certified statement in the form required by RCW 9A.72.085 that a hazardous chemical survey of the employer's premises has been completed by a qualified person, the identity and qualifications of the person completing the survey, and that no hazardous chemicals as defined by WAC 296-62-054 through 296-62-05427 are present at the workplace.

(((5))) (4) The department may schedule an on-site inspection to determine the validity of the exemption request.

(((6))) (5) The employer shall provide to the department within five working days of receiving a request from the department, any additional information identified by the department as necessary for evaluating the exemption request.

(((7))) (6) Exemption requests shall be mailed to:

Right to Know Program

Department of Labor and Industries((, HC-489

805 Plum Street S.E.))

P.O. Box 44620

Olympia, Washington 98504-4620