WSR 06-16-105

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 1, 2006, 8:54 a.m. ]

     Title of Rule and Other Identifying Information: Environmental tobacco smoke, chapter 296-800 WAC, Safety and health core rules and chapter 296-307 WAC, Safety standards for agriculture.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Christine Swanson, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY October 2, 2006.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to amend the department's requirements relating to smoking in office work environments to conform with chapter 70.160 RCW, which was expanded with the passage of Initiative 901.

     Reasons Supporting Proposal:


AMENDED SECTIONS:

WAC 296-307-590 Summary.

•     Change the title of WAC 296-307-59005 to "Prohibit tobacco smoke in your office work environment.["]

•     Delete WAC 296-307-59010.

•     Add a link to this section.

WAC 296-307-59005 Prohibit tobacco smoke in your office work environment.

•     Add language to the exemption relating to maintaining a twenty-five feet [foot] distance from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

•     Combine this section and WAC 296-307-59010.

•     Delete language relating to smoking rooms.

WAC 296-800-240 Summary.

•     Change the title of WAC 296-800-24005 to "Prohibit tobacco smoke in your office work environment.["]

•     Delete WAC 296-800-24010.

•     Add a link to this section.

WAC 296-800-24005 Prohibit tobacco smoke in your office work environment.

•     Add language to the exemption relating to maintaining a twenty-five feet [foot] distance from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

•     Combine this section and WAC 296-800-24010.

•     Delete language relating to smoking rooms.

REPEALED SECTIONS:

WAC 296-307-59010 Control tobacco smoke that comes in from the outside.

•     Move requirements relating to administrative controls to WAC 296-307-59005.

•     Repeal this section.

WAC 296-800-24010 Control tobacco smoke that comes in from the outside.

•     Move requirements relating to administrative controls to WAC 296-800-24005.

•     Repeal this section.

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

     Statute Being Implemented: Chapter 49.17 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of labor and industries, governmental.

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

August 1, 2006

Gary Weeks

Director

OTS-8994.1


AMENDATORY SECTION(Amending WSR 01-17-033, filed 8/8/01, effective 9/1/01)

WAC 296-307-590   Environmental tobacco smoke in the office -- Summary.   Your responsibility:

     To ((control)) eliminate exposure to environmental tobacco smoke in your office work environment

     You must:

     ((Control)) Prohibit tobacco smoke in your ((building)) office work environment.

     WAC 296-307-59005

     ((Control tobacco smoke that comes in from the outside

     WAC 296-307-59010))

Note: This rule does not preempt any federal, state, municipal, or other local authority's regulation of indoor smoking that is more protective than this section.
Definitions: Office work environment is an indoor or enclosed occupied space where clerical work, administration, or business is carried out.
In addition, it includes:
• Other workplace spaces controlled by the employer and used by office workers, such as cafeterias, meeting rooms, and washrooms.
• Office areas of manufacturing and production facilities, not including process areas.
• Office areas of businesses such as food and beverage establishments, agricultural operations, construction, commercial trade, services, etc.
Smoking
A person is smoking if they are:
• Lighting up
• Inhaling
• Exhaling
• Carrying a pipe, cigar or cigarette of any kind that is burning.
Link: For work environments outside the office, contact your local health department using the link http://www.secondhandsmokesyou.com or by calling them directly.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-17-033, § 296-307-590, filed 8/8/01, effective 9/1/01.]


AMENDATORY SECTION(Amending WSR 01-17-033, filed 8/8/01, effective 9/1/01)

WAC 296-307-59005   ((Control)) Prohibit tobacco smoke in your ((building)) office work environment.  

EXEMPTION: The minimum criteria specified in this rule do not apply to outdoor structures provided for smokers such as gazebos or lean-tos that maintain the twenty-five-feet distance from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

     You must:

     ((•)) (1) Prohibit smoking in your office work environment

     ((OR

     • Restrict smoking inside your office work environment to designated enclosed smoking rooms that meet the following minimum criteria:

     – Identify smoking rooms clearly with signs.

     – Make sure the designated smoking rooms are not in common areas, such as:

     ♦ Places where nonsmoking employees are required to work or visit

     ♦ Restrooms

     ♦ Washrooms

     ♦ Hallways

     ♦ Stairways

     ♦ Cafeterias/lunchrooms

     ♦ Meeting rooms

     – Make sure that no employee is required to enter a designated smoking room while someone is smoking there.

     – Conduct cleaning and maintenance work in designated smoking rooms when smokers are not present.

     You must:

     • Ventilate designated smoking rooms at a rate of at least 60 cubic feet per minute per smoker (calculated on the basis of the maximum number of smokers expected during the course of a normal working day), which can be supplied by transfer air from adjacent areas.

     – Maintain enough negative air pressure in designated smoking areas to prevent smoke from migrating into nonsmoking areas, at all times.

     – Operate a separate mechanical exhaust system in designated smoking rooms, to make sure exhausted air moves directly outside, and does not recirculate into nonsmoking areas.

     – Prohibit use of the designated smoking room if the mechanical exhaust system is not working properly, until repairs are completed.


Note: This ventilation rate is recommended for occupancies of no more than 7 people for every 100 square feet of net occupied space in the designated smoking room.))

     (2) Use administrative controls to prevent tobacco smoke from entering your office from outside the building.

     • Make sure that outside smoking areas used by your employees are at least twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-17-033, § 296-307-59005, filed 8/8/01, effective 9/1/01.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 296-307-59010 Control tobacco smoke that comes in from the outside.

OTS-8927.1


AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-240   Summary.   Your responsibility: To ((control)) eliminate exposure to environmental tobacco smoke in your office work environment.

     You must:

     ((Control)) Prohibit tobacco smoke in your ((building)) office work environment

     WAC 296-800-24005.

     ((Control tobacco smoke that comes in from the outside

     WAC 296-800-24010.))


Note: This rule does not preempt any federal, state, municipal, or other local authority's regulation of indoor smoking that is more protective than this section.
Definition: Office work environment is an indoor or enclosed occupied space where clerical work, administration, or business is carried out. In addition, it includes:
• Other workplace spaces controlled by the employer and used by office workers, such as cafeterias, meeting rooms, and washrooms.
• Office areas of manufacturing and production facilities, not including process areas.
• Office areas of businesses such as food and beverage establishments, agricultural operations, construction, commercial trade, services, etc.
Link: For work environments outside the office, contact your local health department using the link http://www.secondhandsmokesyou.com or by calling them directly.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-800-240, filed 5/9/01, effective 9/1/01.]


AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-24005   ((Control)) Prohibit tobacco smoke in your ((building)) office work environment.   Exemption: The minimum criteria specified in this rule do not apply to outdoor structures provided for smokers such as gazebos or lean-tos that maintain the twenty-five feet distance from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

     You must:

     ((•)) (1) Prohibit smoking in your office work environment ((or))

     (2) Use administrative controls to prevent tobacco smoke from entering your office from outside the building.

     • Make sure that outside smoking areas used by your employees are at least twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

     ((• Restrict smoking inside your office work environment to designated enclosed smoking rooms that meet the following minimum criteria:

     – Identify smoking rooms clearly with signs.

     – Make sure the designated smoking rooms are not in common areas, such as:

     ♦ Places where nonsmoking employees are required to work or visit

     ♦ Restrooms

     ♦ Washrooms

     ♦ Hallways

     ♦ Stairways

     ♦ Cafeterias/lunchrooms

     ♦ Meeting rooms

     – Make sure that no employee is required to enter a designated smoking room while someone is smoking there.

     – Conduct cleaning and maintenance work in designated smoking rooms when smokers are not present.

     You must:

     • Ventilate designated smoking rooms at a rate of at least 60 cubic feet per minute per smoker (calculated on the basis of the maximum number of smokers expected during the course of a normal working day), which can be supplied by transfer air from adjacent areas.

     – Maintain enough negative air pressure in designated smoking areas to prevent smoke from migrating into nonsmoking areas, at all times.

     – Operate a separate mechanical exhaust system in designated smoking rooms, to make sure exhausted air moves directly outside, and does not recirculate into nonsmoking areas.

     – Prohibit use of the designated smoking room if the mechanical exhaust system is not working properly, until repairs are completed.

Note: This ventilation rate is recommended for occupancies of no more than seven people for every 100 square feet of net occupied space in the designated smoking room.))

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-800-24005, filed 5/9/01, effective 9/1/01.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 296-800-24010 Control tobacco smoke that comes in from the outside.

© Washington State Code Reviser's Office