WSR 98-23-085

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed November 17, 1998, 4:16 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-08-104.

Title of Rule: Respiratory protection and methylene chloride.

Purpose: Proposed changes improve worker protection and make the rules as effective as OSHA by adding new OSHA requirements, improving clarity and consistency, eliminating redundancy, and correcting errors.

Statutory Authority for Adoption: RCW 49.17.040.

Statute Being Implemented: RCW 49.17.010, 49.17.050, and 49.17.060.

Summary: Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for the appearance in this issue of the Register. It will appear in the 98-24 issue of the Register.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is necessary because of federal law, the following table shows the federal rules revised by OSHA, corresponding state rules included in this proposal, and the subject of the revised rules.



29 CFRs amended by OSHA Corresponding state rules included in the proposal - WAC Subject
1910.94 296-62-11019, 296-62-11021, 296-24-67507, 296-24-65515, 296-24-67517 Ventilation/abrasive blasting
1910.111 296-24-51005, 296-24-51009 Anhydrous ammonia
1910.134 296-62-071 through 296-62-07295, 296-24-58516 Respiratory protection
1910.156 296-24-58513, 296-24-58515, 296-24-58517 Fire brigades
1910.252 296-24-71507, 296-24-71513, 296-24-71517, 296-24-71519 General requirements/ ventilation in confined spaces/lead/cadmium/mercury
1910.1001 296-62-07715, 296-62-07722, 296-62-07733, 296-62-07739 Asbestos
1910.1003 296-62-07306, 296-62-07308 13 Specific Carcinogens
1910.1017 296-62-07329 Vinyl chloride
1910.1018 296-62-07347 Inorganic arsenic
1910.1025 296-62-07521 Lead
1910.1027 296-62-07413, 296-62-07425, 296-62-07441, 296-62-07445 Cadmium
1910.1028 296-62-07523, 296-62-07533 Benzene
1910.1029 296-62-20011, 296-62-20019, 296-62-20027 Coke oven emissions
1910.1043 296-62-14533 Cotton dust
1910.1044 296-62-07342, 296-62-07343 1,2-Dibromo3-chloropropane
1910.1045 296-62-07336, 296-62-07337 Acrylonitrile
1910.1047 296-62-07367, 296-62-07369, 296-62-07383 Ethylene oxide
1910.1048 296-62-07540, 296-62-07550 Formaldehyde
1910.1050 296-62-07615, 296-62-07662, 296-62-07664, 296-62-07666, 296-62-07668, 296-62-07670, 296-62-07672 Methylenedianiline
1910.1051 296-62-07460 1,2-butadiene
1910.1052 296-62-07470 Methylene chloride
1926.57 296-24-67507, 296-24-67515, 296-24-67517, 296-62-11019, 296-62-11021 Ventilation/abrasive blasting
1926.60 296-155-17317, 296-155-17341, 296-155-17349 through 296-155-17359 Methylenedianiline (MDA)
1926.62 296-155-17613, 296-155-17652, 296-155-17656 Lead
1926.103 296-155-220 Respiratory protection in construction
1926.800 296-155-730 Underground construction
1926.1101 296-62-07715, 296-62-07722, 296-62-07733, 296-62-07739 Asbestos
1926.1127 296-155-174 Cadmium

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department conducted several surveys and found that a small business economic impact statement is not required because no more than a minor economic impact exists for the affected businesses.

RCW 34.05.328 applies to this rule adoption.

The OSHA new requirements included in this proposal are exempted from the significant rule-making criteria in RCW 34.05.328 (5)(b)(iii) and (iv) for most industries because WISHA will be adopting federal regulations without material change. WISHA must adopt new OSHA requirements to be as effective as the federal rules.

RCW 34.05.328 does not apply to the current requirements, which WISHA is maintaining in this proposal. Many are reworded for clarity.

Updating the current assigned protection factors to the more recent 1992 ANSI Z88.2 standard is exempted from the significant rule-making criteria in RCW 34.05.328 (5)(b)(iii) and (iv) because WISHA is incorporating a national consensus code that generally establishes industry standards.

The significant rule-making criteria applies to new OSHA requirements that exceed existing WISHA requirements for work activities related to agriculture and tuberculosis, which are not covered by OSHA's new rules.



Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way S.W., Tumwater, WA, on January 5, 1999, at 9:30 a.m.; at Cavanaugh's Fourth Avenue Glacier Room, 110 East 4th, Spokane, WA, on January 6, 1999, at 9:30 a.m.; and at Cavanaugh's, 607 East Yakima Avenue, Yakima, WA, on January 7, 1999, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Christy Wood by December 22, 1998, at (360) 902-5524.

Submit Written Comments to: By mail to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620.

By fax: (360) 902-5529 (comments submitted by fax must be ten pages or less).

By electronic mail to: Christy Wood, WISHA Standards Project Manager, woch235@lni.wa.gov.

Comments must be received no later than January 14, 1999.

Date of Intended Adoption: May 4, 1999.

November 16, 1998

Gary Moore

Director



Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-24 issue of the Register.

Legislature Code Reviser 

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Washington State Code Reviser's Office