PERMANENT RULES
LABOR AND INDUSTRIES
Date of Adoption: March 23, 2004.
Purpose: Chapter 269-45 WAC, Safety standards for electrical workers; chapter 296-78 WAC, Safety standards for sawmills and woodworking operations; chapter 296-155 WAC, Safety standards for construction work; chapter 296-305 WAC, Safety standards for fire fighters, chapter 296-307 WAC, Safety standards for agriculture; and chapter 296-800 WAC, Safety and health core rules.
In Dep't of Labor & Indus. v. Nat'l Sec. Consultants, the Division II Court of Appeals determined that WISHA first-aid rules in chapter 296-800 WAC, Safety and health core rules, do not apply to employers with fewer than fifty employees. However, exempting employers with fewer than fifty employees from the first-aid training requirements would result in the department being less-effective-than OSHA. RCW 49.17.050(2) requires that WISHA adopt rules that are at-least-as-effective-as OSHA rules. The department is repealing the current first-aid rules in the core rules and the agriculture standards and adopting a rule in each that requires employers to comply with the OSHA first-aid rule.
WAC 296-45-125 Medical services and first aid.
• The adopted rule updates the reference to WAC 296-800-150.
WAC 296-78-540 First-aid training and certification.
• The adopted rule removes a reference to WAC 296-800-150.
WAC 296-155-120 First-aid training and certification.
• The adopted rule removes a reference to WAC 296-800-150.
WAC 296-305-01515 First-aid training and certification.
• The adopted rule removes a reference to WAC 296-800-150.
WAC 296-307-039 First-aid rule summary.
• The adopted rule updates the summary of the rule.
• The adopted rule adds a note to WAC 296-62-080 Occupational exposure to bloodborne pathogens.
WAC 296-307-03905 Make sure that first-aid trained personnel
are available to provide quick and effective first aid.
• The adopted rule deletes current wording.
• The adopted rule adds language from 29 C.F.R. 1910.151, which makes the rule at-least-as-effective-as the federal equivalent.
WAC 296-800-150 Rule summary.
• The adopted rule updates the summary of the rule.
• The adopted rule adds a note to chapter 296-823 WAC, Occupational exposure to bloodborne pathogens.
WAC 296-800-15005 Make sure that first-aid trained personnel
are available to provide quick and effective first aid.
• The adopted rule deletes current wording.
• The adopted rule adds language from 29 C.F.R. 1910.151, which makes the rule at-least-as-effective-as the federal equivalent.
Repealed Sections: WAC 296-307-03910 Make sure first-aid
training contains required subjects, WAC 296-307-03915
Document your first-aid training, WAC 296-307-03925 Provide a
first-aid station when required, WAC 296-800-15010 Make sure
first-aid training contains required subjects, WAC 296-800-15015 Document your first-aid training, and WAC 296-800-15025 Provide a first-aid station when required.
Citation of Existing Rules Affected by this Order:
Amending WAC 296-45-125 Medical services and first aid,
296-78-540 First-aid training and certification, 296-155-120
First-aid training and certification, 296-305-01515 First-aid
training and certification, 296-307-039 First-aid rule
summary, 296-307-03905 Make sure that first-aid trained
personnel are available to provide quick and effective first
aid, 296-800-150 Rule summary and 296-800-15005 Make sure that
first-aid trained personnel are available to provide quick and
effective first aid; and repealing 296-307-03910 Make sure
first-aid training contains required subjects, 296-307-03915
Document your first-aid training, 296-307-03925 Provide a
first-aid station when required, 296-800-15010 Make sure
first-aid training contains required subjects, 296-800-15015
Document your first-aid training, and 296-800-15025 Provide a
first-aid station when required.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060.
Adopted under notice filed as WSR 04-01-155 on December 22, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 8, Repealed 6; 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 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 8, Repealed 6.
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 8,
Repealed 6.
Effective Date of Rule:
May 1, 2004.
March 23, 2004
Paul Trause
Director
OTS-6809.3
AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02,
effective 10/1/02)
WAC 296-800-150
Rule summary.
Your responsibility:
Make sure first-aid trained personnel are available to provide
quick and effective first aid.
You must:
Make sure that first-aid trained personnel are available to provide quick and effective first aid.
((Make sure first-aid training contains required
subjects.
Keep current and document your first-aid training.
Make sure appropriate first-aid supplies are readily available.
((Provide a first-aid station when required.
Make sure emergency washing facilities are functional and readily accessible.
Inspect and activate your emergency washing facilities.
Make sure supplemental flushing equipment provides sufficient water.
| (( |
• Employers who require their employees to provide first aid must comply with chapter 296-823 WAC, Occupational exposure to bloodborne pathogens. |
| • Your workplace may be covered by separate first-aid rules. If you do any of the types of work listed below, you must follow separate industry specific rules: |
| Industry | Chapter (WAC) |
| Agriculture | 296-307 |
| Compressed air | 296-36 |
| Construction | 296-155 |
| Fire fighting | 296-305 |
| Logging | 296-54 |
| Sawmill | 296-78 |
| Ship building and repairing | 296-304 |
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-150, filed 8/1/02, effective 10/1/02; 01-11-038, § 296-800-150, filed 5/9/01, effective 9/1/01.]
• Choose one of the following two options to make sure that your employees have access to personnel who are trained in first aid.
Option 1:
Make sure first-aid trained employees are in your workplace to help your employees if they become hurt or ill on the job by doing the following:
– Make sure that:
♦ Each person in charge of employees has first-aid training; or
♦ Another person with first-aid training is present or available to your employees, whenever you have 2 or more employees present.
– Adequately post emergency telephone numbers in your workplace.
OR
Option 2:
Develop and maintain a written first-aid response plan for your workplace. If you choose this option, you must do all of the following:
– Determine how many, if any, employees should be trained in first aid, based on the following factors:
♦ What type(s) of occupational hazards are present in your workplace?
♦ How likely is it that a workplace injury or illness will occur?
♦ How serious are the occupational hazards in your workplace?
♦ How remote is your workplace?
♦ How complex is your worksite in terms of size, design, etc.?
♦ What medical emergencies have occurred at your workplace in the past?
♦ How far away and how long does it take to get to emergency medical services?
| Note: | Employers who require their employees to provide first aid must comply with chapter 296-823 WAC, Occupational exposure to bloodborne pathogens. |
• Make sure your first-aid response plan:
– Fits your work location, type of work, and environmental conditions.
– Identifies the available emergency medical services and access numbers and where they are posted.
– Describes the type of first-aid training employees receive, if applicable.
– Identifies the location(s) of first-aid supplies and/or first-aid stations.
– Identifies the contents of first-aid kits.
– Describes how first-aid supplies or kits will be inspected and maintained.
– Describes how injured or ill employees will have access to first-aid trained employees.)) You must:
Comply with the first-aid training requirements of 29 CFR 1910.151(b) which states:
"In the absence of an infirmary, clinic, or hospital in near proximity to the workplace, which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid."
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-09-110, § 296-800-15005, filed 4/22/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-15005, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-15005, filed 5/9/01, effective 9/1/01.]
The following sections of the Washington Administrative Code are repealed:
| WAC 296-800-15010 | Make sure first-aid training contains required subjects. |
| WAC 296-800-15015 | Document your first-aid training. |
| WAC 296-800-15025 | Provide a first-aid station when required. |
OTS-6808.3
AMENDATORY SECTION(Amending WSR 02-12-098, filed 6/5/02,
effective 8/1/02)
WAC 296-307-039
First-aid rule summary.
Your
responsibility: Make sure first-aid trained personnel are
available to provide quick and effective first aid.
You must:
Make sure that first-aid trained personnel are available to provide quick and effective first aid.
((Make sure first-aid training contains required
subjects.
Keep current and document your first-aid training.
Make sure appropriate first-aid supplies are readily available.
((Provide a first-aid station when required.
| Note: | |
| • | Employers who require their employees to provide first aid must comply with the bloodborne pathogen rule, WAC 296-62-080. |
| • | Additional requirements relating to first aid are also located in the following sections: |
| – | WAC 296-307-07013(12), What rules apply to vehicles used to transport employees? |
| – | WAC 296-307-16175, First-aid requirements for operators of temporary worker housing. |
| – | WAC 296-307-16380, First-aid requirements for operators of cherry harvest camps. |
| Definitions: |
| First aid: | The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit. |
| Emergency medical service: | Medical treatment and care given at the scene of any medical emergency or while transporting any victim to a medical facility. |
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050. 02-12-098, § 296-307-039, filed 6/5/02, effective 8/1/02; 01-17-033, § 296-307-039, filed 8/8/01, effective 9/1/01. 97-09-013, recodified as § 296-307-039, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, § 296-306A-039, filed 10/31/96, effective 12/1/96.]
• Choose one of the following two options to make sure that your employees have access to personnel who are trained in first aid.
Option 1:
Make sure first-aid trained persons are in your workplace to help your employees if they become hurt or ill on the job by doing the following:
--Make sure that:
♦ Each person in charge of employees has first-aid training; or
♦ Another person with first-aid training is present or available to your employees, whenever you have 2 or more employees present.
| Note: | This rule is met if persons other than an employee, such as the farm operator or spouse, hold a current first-aid certificate and are available during working hours. |
| EXCEPTION: | This rule does not apply to individual employees whose duties require them to work alone at isolated workstations. However, employees working alone must be checked at intervals by some method agreed upon by you and the employee. |
Option 2:
Develop and maintain a written first-aid response plan for your workplace. If you choose this option, you must do all of the following:
- Determine how many, if any, employees should be trained in first aid, based on the following factors:
♦ What type(s) of occupational hazards are present in your workplace?
♦ How likely is it that a workplace injury or illness will occur?
♦ How serious are the occupational hazards in your workplace?
♦ How remote is your workplace?
♦ How complex is your worksite in terms of size, design, etc.?
♦ What medical emergencies have occurred at your workplace in the past?
♦ How far away and how long does it take to get to emergency medical services?
| Note: | Employers who require their employees to provide first aid must comply with the bloodborne pathogen rule, WAC 296-62-080. |
• Make sure your first-aid response plan:
- Fits your work location, type of work, and environmental conditions.
- Identifies the available emergency medical services and access numbers and where they are posted.
- Describes the type of first-aid training employees receive, if applicable.
- Identifies the location(s) of first-aid supplies and/or first-aid stations.
- Identifies the contents of first-aid kits.
- Describes how first-aid supplies or kits will be inspected and maintained.
- Describes how injured or ill employees will have access to first-aid trained employees.)) You must:
Comply with the first-aid training requirements of 29 CFR 1910.151(b) which states:
"In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid."
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-17-033, § 296-307-03905, filed 8/8/01, effective 9/1/01.]
The following sections of the Washington Administrative Code are repealed:
| WAC 296-307-03910 | Make sure first-aid training contains required subjects. |
| WAC 296-307-03915 | Document your first-aid training. |
| WAC 296-307-03925 | Provide a first-aid station when required. |
OTS-6804.1
AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01,
effective 9/1/01)
WAC 296-45-125
Medical services and first aid.
The
employer shall provide medical services and first aid as
required in WAC ((296-800-160)) 296-800-150. ((In addition to
the requirements of WAC 296-800-160,)) The following
requirements also apply:
(1) Cardiopulmonary resuscitation and first-aid training. When employees are performing work on or associated with exposed lines or equipment energized at 50 volts or more, persons trained in first aid including cardiopulmonary resuscitation (CPR) shall be available as follows:
(a) For field work involving two or more employees at a work location, at least two trained persons shall be available. However, only one trained person need be available if all new employees are trained in first aid, including CPR, within 3 months of their hiring dates.
(b) For fixed work locations such as generating stations, the number of trained persons available shall be sufficient to ensure that each employee exposed to electric shock can be reached within 4 minutes by a trained person. However, where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example), all employees at the work location shall be trained.
(2) First-aid supplies. First-aid supplies required by
WAC ((296-800-160)) 296-800-150 shall be placed in
weatherproof containers if the supplies could be exposed to
the weather.
(3) First-aid kits. Each first-aid kit shall be maintained, shall be readily available for use, and shall be inspected frequently enough to ensure that expended items are replaced but at least once per year.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-45-125, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, § 296-45-125, filed 3/6/98, effective 5/6/98.]
OTS-6805.1
AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01,
effective 9/1/01)
WAC 296-78-540
First-aid training and certification.
The employer must ensure that first-aid trained personnel are
available to help employees who are injured or who become
acutely ill on the job. The employer must meet this
requirement by maintaining first-aid trained staff on the job
site. The employer must ensure that:
(1) Each person in charge of employees has first-aid
training; or another person with first-aid training is present
or available to the employees. Such training must be
successfully completed every two years ((as required in WAC 296-800-150));
(2) Documentation of first-aid training is kept ((as
required in WAC 296-800-150));
(3) Emergency telephone numbers are adequately posted((;
(4) First-aid training includes the core elements contained in WAC 296-800-150)).
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-78-540, filed 5/9/01, effective 9/1/01; 00-01-038, § 296-78-540, filed 12/7/99, effective 2/1/00. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), § 296-78-540, filed 8/27/81.]
OTS-6806.1
AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01,
effective 9/1/01)
WAC 296-155-120
First-aid training and certification.
This section is designed to assure that all employees in this
state are afforded quick and effective first-aid attention in
the event of an on the job injury. To achieve this purpose
the presence of personnel trained in first-aid procedures at
or near those places where employees are working is required. Compliance with the provisions of this section may require the
presence of more than one first-aid trained person.
(1) ((The first-aid training requirements of the safety
and health core rules, chapter 296-800 WAC, apply within the
scope of chapter 296-155 WAC.
(2))) Each employer must have available at all worksites, where a crew is present, a person or persons holding a valid first-aid certificate.
(((3))) (2) All crew leaders, supervisors or persons in
direct charge of one or more employees must have a valid
first-aid certificate.
(((4))) (3) For the purposes of this section, a crew
means a group of two or more employees working at any
worksite.
| Note: | The requirement that all crew leaders, supervisors or person in direct charge of one or more employees (subsection (3) of this section) applies even if other first-aid trained person(s) are available. In emergencies, crew leaders will be permitted to work up to thirty days without having the required certificate, providing an employee in the crew or another crew leaders in the immediate work area has the necessary certificate. |
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-155-120, filed 5/9/01, effective 9/1/01; 00-01-038, § 296-155-120, filed 12/7/99, effective 2/1/00. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-120, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-120, filed 1/21/86; Order 74-26, § 296-155-120, filed 5/7/74, effective 6/6/74.]
OTS-6807.1
AMENDATORY SECTION(Amending WSR 03-09-110, filed 4/22/03,
effective 8/1/03)
WAC 296-305-01515
First-aid training and certification.
(1) All fire fighters except directors of fire departments and
the directors' designated personnel, shall have as a minimum
first-aid training as evidenced by a current, valid first-aid
card, EMT or First Responder certification.
(2) New fire fighters shall have such first-aid training within 90 days of the date of their employment or enroll for training in the next available class for which they are eligible.
(3) ((First-aid training and certification for other
employees and directors of fire departments shall conform to
the requirements of WAC 296-800-150.
(4))) Fire service duties include exposure to bloodborne pathogens. The requirements of this section and chapter 296-823 WAC, Occupational exposure to bloodborne pathogens, shall apply.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-09-110, § 296-305-01515, filed 4/22/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-305-01515, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-01515, filed 5/10/96, effective 1/1/97.]