WSR 02-03-007

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 3, 2002, 4:54 p.m. ]

     In accordance with RCW 34.05.230(12), following is a list of Policy and Interpretive Statements issued by the department for December 2001.

     If you have questions or need additional information, please call Christine Swanson at (360) 902-4216.


POLICY AND INTERPRETIVE STATEMENTS


WISHA Services Division


     WISHA Regional Directive (WRD) #5.30 "Delayed Enforcement of New Recordkeeping Requirements," is a new policy that provides guidance to WISHA enforcement and consultation staff whenever they must consider the application of the WISHA record-keeping requirements. This policy was issued on December 19, 2001.

     Contact Marcia Benn, mailstop 4648, phone (360) 902-5503.

     Michael Silverstein

     Assistant Director

     WISHA Interim Interpretative Memo (WIIM) #96-4-A "Repeated and Failure to Abate (FTA) Accident Prevention Plan (APP) Violations," has been repealed. This policy addressed issues of how an employer with diverse operations that are covered by more than one standard should be cited for violation of the APP requirement(s) and whether subsequent APP violations from a different standard should be cited as "FTA" violations. This policy is no longer necessary. This policy was repealed on December 31, 2001.

     Contact Marcia Benn, mailstop 4648, phone (360) 902-5503.

     Michael Silverstein

     Assistant Director

     WISHA Interim Interpretative Memorandum (WIIM) #96-9-C, "Personal Protective Equipment Assessment, Training & Payment," has been repealed. This policy provided guidance to WISHA staff regarding Personal Protective Equipment. The guidance contained in this policy has been incorporated in chapter 296-800 WAC, Safety and health core rules. This policy was repealed on December 31, 2001.

     Contact Marcia Benn, mailstop 4648, phone (360) 902-5503.

     Michael Silverstein

     Assistant Director

     WISHA Interim Interpretative Memorandum (WIIM) #96-9-G, "Incidental use in relation to rollover protection in agriculture," has been repealed. This policy provided guidance to WISHA staff when they must address the question of whether work otherwise covered by the requirements of WAC 296-306-200 is exempt as "incidental" use of tractors. Chapter 296-306 WAC has been replaced with chapter 296-307 WAC, Agriculture, therefore; this policy is outdated and no longer needed. This policy was repealed on December 31, 2001.

     Contact Marcia Benn, mailstop 4648, phone (360) 902-5503.

     Michael Silverstein

     Assistant Director

     WISHA Interim Interpretative Memorandum (WIIM) #96-9-H, "Management Responsibility to Investigate Serious Injuries," has been repealed. This policy provided guidance to WISHA staff in relation to WAC 296-24-020(2) that established employer responsibility to investigate accidents that cause serious injuries that have immediate symptoms. This was clarified when incorporated into chapter 296-800 WAC, Safety and health core rules. This policy was repealed on December 31, 2001.

     Contact Marcia Benn, mailstop 4648, phone (360) 902-5503.

     Michael Silverstein

     Assistant Director

     WISHA Interim Interpretative Memorandum (WIIM) #96-11-I, "WISHA jurisdiction on native American tribal lands," has been repealed. This policy provided guidance to WISHA compliance staff in handling complaints and referrals in which tribal jurisdiction becomes an issue. The policy is no longer necessary with the updated agreement on jurisdiction. This policy was repealed on December 31, 2001.

     Contact Marcia Benn, mailstop 4648, phone (360) 902-5503.

     Michael Silverstein

     Assistant Director

Christine Swanson

Legislative and Governmental

Affairs Office

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