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.