WSR 00-23-099

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed November 21, 2000, 12:37 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR [99-24-086].

Title of Rule: Chapter 296-800 WAC, Safety and health core rules. See Purpose below.

Purpose: 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 01-01 issue of the Register.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, [49.17].050.

Statute Being Implemented: Chapter 49.17 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose 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 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. A number of criteria and exemptions were established for the SBEIS analysis. One key criteria that allows rule changes to be exempt from preparation of an SBEIS is presented in RCW 34.05.310 (4)(d); "rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect" are not subject to the SBEIS requirements. Because the proposed rule changes make clarifying and organizational changes for ease of understanding and use, but do not in any way alter the content of intent of the original rules, there should not be an economic impact on Washington state business.

     The analysis of the rule reveals that in addition to not imposing new costs on businesses, the changes wrought by the innovations project will actually make WISHA rules easier for employers and employees to understand and use, and thus actually save them time. In conclusion, an SBEIS is not required for these rule changes.

RCW 34.05.328 applies to this rule adoption. Significant rule-making criteria does apply to these rule amendments because they do not meet the exempt criteria outlined in RCW 34.05.328(5).

Hearing Location: Red Lion Hotel at the Quay, 100 Columbia Street, Vancouver, WA 98660, (360) 694-8341, on January 24, 2001, at 1:00 p.m.; at the WestCoast Grand Hotel at the Park, 303 West North River Drive, Spokane, WA 99201, on January 25, 2001, at 1:00 p.m.; at the WestCoast Yakima Center Hotel, 607 East Yakima Avenue, Yakima, WA 98901, on January 26, 2001, at 8:30 a.m.; at the Seattle Marriott - SeaTac, 3201 South 176th Street, Seattle, WA 98188, on January 29, 2001, at 2:00 p.m.; and at the Department of Labor and Industries Building Auditorium, 7273 Linderson Way, Tumwater, WA 98504, on January 30, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Christine Swanson by January 10 at (360) 902-5484.

Submit Written Comments to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on February 9, 2001. 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: May 9, 2001.

November 21, 2000

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 01-01 issue of the Register.

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