PERMANENT RULES
LABOR AND INDUSTRIES
Effective Date of Rule: April 1, 2008.
Purpose: These rules are being amended to rectify inconsistencies in reporting requirements for different industries and to provide equal protection to all employees.
Citation of Existing Rules Affected by this Order: WAC 296-27-00103 Partial exemption for employers with ten or fewer employees, 296-27-00105 Partial exemption for private employers in certain industries, 296-37-575 Recordkeeping requirements, 296-78-515 Management's responsibility, 296-305-01501 Injury and illness reports for fire fighters, 296-800-320 Summary, 296-800-32005 Report the death, probable death of any employee, or the in-patient hospitalization of 2 or more employees within 8 hours, 296-800-32010 Make sure that any equipment involved in an accident is not moved, and 296-800-32015 Assign people to assist the department of labor and industries.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Adopted under notice filed as WSR 07-24-058 on December 4, 2007.
A final cost-benefit analysis is available by contacting Beverly Clark, P.O. Box 44620, Olympia, WA 98507-4620, phone (360) 902-5516, fax (360) 902-5619, e-mail rhok235@lni.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 9, Repealed 0.
Date Adopted: February 8, 2008.
Judy Schurke
Director
OTS-1179.1
AMENDATORY SECTION(Amending WSR 07-03-163, filed 1/24/07,
effective 4/1/07)
WAC 296-27-00103
Partial exemption for employers with
ten or fewer employees.
(1) Basic requirement.
(a) If your company had ten or fewer employees at all
times during the last calendar year, you do not need to keep
injury and illness records unless WISHA, OSHA, or the BLS
informs you in writing that you must keep records under this
section. However, as required by WAC 296-27-031, all
employers covered by the WISH Act must report any workplace
incident that results in a fatality or the hospitalization of
((two or more)) any employee((s)).
(b) If your company had more than ten employees at any time during the last calendar year, you must keep injury and illness records unless your establishment is classified as a partially exempt industry under WAC 296-27-00105.
(2) Implementation.
(a) Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company.
(b) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had no more than ten employees at any time in the last calendar year, your company qualifies for the partial exemption for size.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-03-163, § 296-27-00103, filed 1/24/07, effective 4/1/07. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-01-064, § 296-27-00103, filed 12/14/01, effective 1/1/02.]
(a) If your private business establishment is classified
in a specific low hazard retail, service, finance, insurance
or real estate industry listed in Table 1 you do not need to
keep injury and illness records unless WISHA, OSHA, or the BLS
asks you to keep the records under WAC 296-27-03105 or
296-27-03107. (Public employers are not included in this
exemption, except as indicated in (b) of this subsection.)
However, all employers must report to WISHA any workplace
incident that results in a fatality or the hospitalization of
((two or more)) any employee((s)) (see WAC 296-800-32005).
(b) If you are a public employer in SIC 821 (elementary and secondary schools) and 823 (libraries), you do not need to keep injury and illness records unless WISHA, OSHA or the BLS asks you to keep the records under WAC 296-27-03105 or 296-27-03107. However, all employers must report to WISHA any workplace incident that results in a fatality or the hospitalization of two or more employees (see WAC 296-800-32005).
(c) If one or more of your company's establishments are classified in a nonexempt industry, you must keep injury and illness records for all of such establishments unless your company is partially exempted because of size under WAC 296-27-00103.
(2) Implementation.
(a) Does the partial industry classification exemption apply only to business establishments in the retail, services, finance, insurance or real estate industries (SICs 52-89)? Yes, business establishments classified in agriculture; mining; construction; manufacturing; transportation; communication, electric, gas and sanitary services; or wholesale trade are not eligible for the partial industry classification exemption.
(b) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records, while others may be exempt.
(c) How do I determine the Standard Industrial Classification code for my company or for individual establishments? You determine your Standard Industrial Classification (SIC) code by using the Standard Industrial Classification manual, Executive Office of the President, Office of Management and Budget. You may contact your local L&I office for help in determining your SIC or visit Department of Revenue's web site, http://dor.wa.gov/reports/Qbrsearch/sic_list.htm.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-01-064, § 296-27-00105, filed 12/14/01, effective 1/1/02.]
OTS-1180.1
AMENDATORY SECTION(Amending WSR 07-03-163, filed 1/24/07,
effective 4/1/07)
WAC 296-37-575
Recordkeeping requirements.
(1)
Recording and reporting.
(a) The employer shall comply with the requirements of chapters 296-27, 296-800, and 296-900 WAC.
(b) The employer shall record the occurrence of any
diving-related injury or illness which requires any dive team
member to be hospitalized ((for 24 hours or more)), specifying
the circumstances of the incident and the extent of any
injuries or illnesses.
(2) Availability of records.
(a) Upon the request of the director of the department of labor and industries or his duly authorized designees, the employer shall make available for inspection and copying any record or document required by this standard.
(b) Records and documents required by this standard shall be provided upon request to employees, designated representatives, and the assistant director in accordance with chapter 296-802 WAC. Safe practices manuals (WAC 296-37-530), depth-time profiles (WAC 296-37-540), recording of dives (WAC 296-37-545), decompression procedure assessment evaluations (WAC 296-37-545), and records of hospitalizations (WAC 296-37-575) shall be provided in the same manner as employee exposure records or analyses using exposure or medical records. Equipment inspections and testing records which pertain to employees (WAC 296-37-570) shall also be provided upon request to employees and their designated representatives.
(c) Records and documents required by this standard shall be retained by the employer for the following period:
(i) Dive team member medical records (physician's reports) (WAC 296-37-525) - five years;
(ii) Safe practices manual (WAC 296-37-530) - current document only;
(iii) Depth-time profile (WAC 296-37-540) - until completion of the recording of dive, or until completion of decompression procedure assessment where there has been an incident of decompression sickness;
(iv) Recording dive (WAC 296-37-545) one year, except five years where there has been an incident of decompression sickness;
(v) Decompression procedure assessment evaluations (WAC 296-37-545) - five years;
(vi) Equipment inspections and testing records (WAC 296-37-570) - current entry or tag, or until equipment is withdrawn from service;
(vii) Records of hospitalizations (WAC 296-37-575) - five years.
(d) After the expiration of the retention period of any record required to be kept for five years, the employer shall forward such records to the National Institute for Occupational Safety and Health, Department of Health and Human Services. The employer shall also comply with any additional requirements set forth in chapter 296-802 WAC.
(e) In the event the employer ceases to do business:
(i) The successor employer shall receive and retain all dive and employee medical records required by this standard; or
(ii) If there is no successor employer, dive and employee medical records shall be forwarded to the National Institute for Occupational Safety and Health, Department of Health and Human Services.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-03-163, § 296-37-575, filed 1/24/07, effective 4/1/07; 04-10-026, § 296-37-575, filed 4/27/04, effective 8/1/04. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-37-575, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-37-575, filed 7/20/94, effective 9/20/94. Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060. 92-22-067 (Order 92-06), § 296-37-575, filed 10/30/92, effective 12/8/92. Statutory Authority: RCW 49.17.040 and 49.17.050. 87-02-002 (Order 86-44), § 296-37-575, filed 12/26/86. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), § 296-37-575, filed 8/27/81. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, and chapters 42.30 and 43.22 RCW. 78-10-094 (Order 78-18), § 296-37-575, filed 10/2/78.]
OTS-1181.1
AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01,
effective 9/1/01)
WAC 296-78-515
Management's responsibility.
(1) It
shall be the responsibility of management to establish,
supervise, and enforce, in a manner which is effective in
practice:
(a) A safe and healthful working environment.
(b) An accident prevention program as required by these standards.
(c) Training programs to improve the skill and competency of all employees in the field of occupational safety and health. Such training shall include the on-the-job instructions on the safe use of powered materials handling equipment, machine tool operations, use of toxic materials and operation of utility systems prior to assignments to jobs involving such exposures.
(2) The employer shall develop and maintain a chemical hazard communication program as required by WAC 296-800-170, which will provide information to all employees relative to hazardous chemicals or substances to which they are exposed, or may become exposed, in the course of their employment.
(3) Management shall not assign mechanics, millwrights, or other persons to work on equipment by themselves when there is a probability that the person could fall from elevated work locations or equipment or that a person could be pinned down by heavy parts or equipment so that they could not call for or obtain assistance if the need arises.
| Note: | This subsection does not apply to operators of motor vehicles, watchperson or certain other jobs which, by their nature, are singular employee assignments. However, a definite procedure for checking the welfare of all employees during their working hours shall be instituted and all employees so advised. |
(5) Reporting of fatality or ((multiple)) hospitalization
incidents.
(a) Within eight hours after the fatality or probable
fatality of any employee from a work-related incident or the
inpatient hospitalization of ((two or more)) any employee((s))
as a result of a work-related incident, the employer of any
employees so affected shall report the fatality/((multiple))
hospitalization by telephone or in person, to the nearest
office of the department or by using the OSHA toll-free
central telephone number, 1-800-321-6742.
(i) This requirement applies to each such fatality or
hospitalization ((of two or more employees)) which occurs
within thirty days of the incident.
(ii) Exception: If any employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under this subsection, the employer shall make a report within eight hours of the time the incident is reported to any agent or employee of the employer.
(iii) Each report required by this subsection shall relate the following information: Establishment name, location of the incident, time of the incident, number of fatalities or hospitalized employees, contact person, phone number, and a brief description of the incident.
(b) Equipment involved in an incident resulting in an
immediate or probable fatality or in the in-patient
hospitalization of ((two or more)) any employee((s)), shall
not be moved, until a representative of the department
investigates the incident and releases such equipment, except
where removal is essential to prevent further incident. Where
necessary to remove the victim, such equipment may be moved
only to the extent of making possible such removal.
(c) Upon arrival of a department investigator, employer shall assign to assist the investigator, the immediate supervisor and all employees who were witnesses to the incident, or whoever the investigator deems necessary to complete the investigation.
(6) A system for maintaining records of occupational injuries and illnesses as prescribed by chapter 296-27 WAC.
| Note: | Recordable cases include: |
| (a) Every occupational death. | |
| (b) Every industrial illness. | |
| (c) Every occupational injury that involves one of the following: | |
| (i) Unconsciousness. | |
| (ii) Inability to perform all phases of regular job. | |
| (iii) Inability to work full time on regular job. | |
| (iv) Temporary assignment to another job. | |
| (v) Medical treatment beyond first aid. |
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-78-515, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), § 296-78-515, filed 9/30/94, effective 11/20/94; 91-24-017 (Order 91-07), § 296-78-515, filed 11/22/91, effective 12/24/91; 89-11-035 (Order 89-03), § 296-78-515, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), § 296-78-515, filed 8/27/81.]
OTS-1182.1
AMENDATORY SECTION(Amending WSR 96-11-067, filed 5/10/96,
effective 1/1/97)
WAC 296-305-01501
Injury and illness reports for fire
fighters.
(1) Notice of injury or illness.
(a) Whenever an occupational accident causes injury or illness to a fire fighter or other employee, or whenever a fire fighter or other employee becomes aware of an illness apparently caused by occupational exposure, it shall be the duty of such a fire fighter or other employee, or someone on his/her behalf, to report the injury or illness to the employer before the end of his/her duty period but not later than twenty-four hours after the incident.
(b) Exception: In the event that symptoms of an occupational injury or illness are not apparent at the time of the incident, the employee shall report the symptoms to his/her employer within forty-eight hours after becoming aware of the injury or illness.
(c) Within eight hours after the fatality or probable
fatality of any fire fighter or employee from a work-related
incident or the inpatient hospitalization of ((two or more))
any employee((s)) as a result of a work-related incident, the
employer of any employees so affected, shall orally report the
fatality/((multiple)) hospitalization by telephone or in
person, to the nearest office of the department or by using
the OSHA toll-free central telephone number, 1-800-321-6742.
(i) This requirement applies to each such fatality or
hospitalization ((of two or more employees)) which occurs
within thirty days of the incident.
(ii) Exception: If any employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under this subsection, the employer shall make a report within eight hours of the time the incident is reported to any agent or employee of the employer.
(iii) Each report required by this subsection shall relate the following information: Establishment name, location of the incident, time of the incident, number of fatalities or hospitalized employees, contact person, phone number, and a brief description of the incident.
(2) Recordkeeping - written reports; all fire service employers shall maintain records of occupational injuries and illnesses. Reportable cases include every occupational death, every occupational illness, or each injury that involves one of the following: Unconsciousness, inability to perform all phases of regular duty-related assignment, inability to work full time on duty, temporary assignment, or medical treatment beyond first aid.
(3) All fire departments shall record occupational injury and illnesses on forms OSHA 101-Supplementary Record Occupational Injuries and Illnesses and OSHA 200-Log summary. Forms other than OSHA 101 may be substituted for the Supplementary Record of Occupational Injuries and Illnesses if they contain the same items.
(4) Each employer shall post an annual summary of occupational injuries and illnesses for each establishment. This summary shall consist of a copy of the year's totals from the Form OSHA No. 200 and the following information from that form: Calendar year covered, company name, establishment name, establishment address, certification signature, title, and date. A Form OSHA No. 200 shall be used in presenting the summary. If no injuries or illnesses occurred in the year, zeros must be entered on the totals line, and the form must be posted. The summary shall be completed by February 1 each calendar year. The summary covering the previous calendar year shall be posted no later than February 1, and shall remain in place until March 1.
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-01501, filed 5/10/96, effective 1/1/97.]
OTS-1183.1
AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01,
effective 12/1/01)
WAC 296-800-320
Summary.
Your responsibility:
To report and conduct an investigation of certain types of accidents.
You must:
Report the death, or probable death, of any employee, or
the in-patient hospitalization of ((2 or more)) any
employee((s)) within 8 hours
Make sure that any equipment involved in an accident is not moved.
Assign people to assist the department of labor and industries
Conduct a preliminary investigation for all serious injuries
Document the investigation findings
| Note: | Call the nearest office of the department of labor and industries at 1-800-4BE SAFE or call Occupational Safety and Health Administration (OSHA) at 1-800-321-6742, to report the death, probable death of any employee or the in-patient hospitalization of 2 or more employees within 8 hours, after handling medical emergencies. |
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-320, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-320, filed 5/9/01, effective 9/1/01.]
• Contact the nearest office of the department of labor and industries in person or by phone at 1-800-4BE SAFE to report within 8 hours of the work-related incident or accident,
– A death
– A probable death
– 2 or more employees are admitted to the hospital, or
– Contact the Occupational Safety and Health Administration (OSHA) by calling its central number at 1-800-321-6742.
• Provide the following information within 30 days concerning any accident involving a fatality or hospitalization of 2 or more employees:
– Name of the work place
– Location of the incident
– Time and date of the incident
– Number of fatalities or hospitalized employees
– Contact person
– Phone number
– Brief description of the incident
• Causes a fatal or possibly fatal injury
• Causes injury requiring in-patient hospitalization of any employee
To report, contact your nearest labor and industries office by phone or in person, or call the OSHA toll-free hotline, 1-800-321-6742.
| EXCEPTION: | If you do not learn of a reportable incident when it happens, you must report it within eight hours of learning about the incident. |
• Establishment name
• Location of the incident
• Time of the incident
• Number of fatalities, hospitalized employees, or pesticide exposures
• Contact person
• Phone number
• Brief description of the incident
(3) Fatalities or hospitalizations that occur within thirty days of an incident must also be reported.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-32005, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-32005, filed 5/9/01, effective 9/1/01.]
• Not move equipment involved in a work or work related accident or incident if any of the following results:
– A death
– A probable death
– ((2 or more employees are sent to the hospital)) An
employee's hospitalization
• Not move the equipment until a representative of the department of labor and industries investigates the incident and releases the equipment unless:
– Moving the equipment is necessary to:
♦ Remove any victims
♦ Prevent further incidents and injuries
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-800-32010, filed 5/9/01, effective 9/1/01.]
• Assign witnesses and other employees to assist department of labor and industries personnel who arrive at the scene to investigate the incident involving:
– A death
– Probable death
– ((2 or more employees are sent to the hospital.)) An
employee's hospitalization
Include:
– The immediate supervisor
– Employees who were witnesses to the incident
– Other employees the investigator feels are necessary to complete the investigation
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-800-32015, filed 5/9/01, effective 9/1/01.]