PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-15-143.
Title of Rule and Other Identifying Information: Outdoor heat exposure amendments to chapter 296-307 WAC, Safety standards for agriculture.
Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue, Tumwater, WA 98501, on January 6, 2009, at 1:00 p.m.; at the Hilton Garden Inn Seattle North/Everett, 8401 Paine Field Boulevard, Mukilteo, WA 98275, on January 8, 2009, at 1:00 p.m.; at the Clarion Hotel and Conference Center, 1507 North First Street, Yakima, WA 98901, on January 13, 2009, at 1:00 p.m.; at the Courtyard by Marriott Richland, 480 Columbia Point Drive, Richland, WA 99352, on January 14, 2009, at 1:00 p.m.; and at the Doubletree Hotel Spokane City Center, 322 North Spokane Falls Court, Spokane, WA 99201, on January 15, 2009, at 1:00 p.m.
Date of Intended Adoption: March 18, 2009.
Submit Written Comments to: Jamie Scibelli, Project Manager, Division of Occupational Safety and Health, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on January 16, 2009. In addition to written comments, the department will accept comments submitted to fax (360) 902-5619. Comments submitted by fax must be ten pages or less.
Assistance for Persons with Disabilities: Contact Beverly Clark by December 23, 2008, (360) 902-5516 or clah235@lni.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: AMENDED SECTIONS: WAC 296-307-030 What are the required elements of an accident prevention program?, 296-307-09512 What potable water sources must an employer provide?, 296-307-11015 Violations of this part -- Worker protection standards -- 40 C.F.R., § 170.9, 296-307-12020 Entry restrictions -- Standards for workers -- 40 C.F.R., § 170.112, 296-307-13045 Personal protective equipment -- Standards for pesticide handlers -- 40 C.F.R., § 170.240.
NEW SECTIONS: WAC 296-307-097 Outdoor heat exposure, 296-307-09710 Scope and purpose, 296-307-09720 Definitions, 296-307-09730 Employer and employee responsibility, 296-307-09740 Drinking water, 296-307-09750 Responding to signs and symptoms of heat-related illness, and 296-307-09760 Information and training.
The purpose of this project is to include the adopted outdoor heat exposure rule in chapter 296-307 WAC, Safety standards for agriculture.
During the public comment period for the outdoor heat exposure rule, the department received comments from stakeholders who believed that chapter 296-62 WAC, General occupational health standards does not apply currently to chapter 296-307 WAC, Safety standards for agriculture.
Although it was determined that the department is permitted by RCW 49.17.041 to specifically reference the general industry safety rules, the department agreed to initiate rule making to incorporate outdoor heat exposure requirements into chapter 296-307 WAC.
RCW 49.17.041 requires the department to establish an agricultural safety rule that includes two parts: (1) Agricultural-specific rules for agricultural employers; and (2) specific references to the general industry safety rule adopted under chapter 49.17 RCW.1 Furthermore, agricultural employers are to be exempt from the general industry safety rule adopted under chapter 49.17 RCW for all rules not specifically referenced in the agricultural safety rule.2
1 RCW 49.17.041 (2)(a).
2 RCW 49.17.041 (2)(b) (emphasis added).
Currently, the agricultural safety rule, chapter 296-307 WAC, specifically states agricultural employers are covered by the requirements of chapter 296-62 WAC, General occupational health standards. WAC 296-307-006(3) states, "All agricultural operations are also covered by the requirements of chapter 296-62 WAC, general occupational health rules."
While the department has determined that the requirements in chapter 296-62 WAC apply to agricultural employers, the department has decided to add the language from WAC 296-62-095 to chapter 296-307 WAC per stakeholder requests.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, and 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, Washington, (360) 902-5530; Implementation and Enforcement: Stephen M. Cant, Tumwater, Washington, (360) 902-5495.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC 296-62-095 currently applies to agriculture employers. This identical language from WAC 296-62-095 is being adopted into chapter 296-307 WAC, Safety standards for agriculture. As a result, no new or additional requirements or costs will be created for agriculture employers.
A cost-benefit analysis is not required under RCW 34.05.328. WAC 296-62-095 currently applies to agriculture employers. This identical language from WAC 296-62-095 is being adopted into chapter 296-307 WAC, Safety standards for agriculture. As a result, no new or additional requirements or costs will be created for agriculture employers.
November 18, 2008
Judy Schurke
Director
OTS-2056.1
AMENDATORY SECTION(Amending WSR 98-24-096, filed 12/1/98,
effective 3/1/99)
WAC 296-307-030
What are the required elements of an
accident prevention program?
(1) You must instruct all
employees in safe working practices at the beginning of
employment. Your instruction must be tailored to the types of
hazards to which employees are exposed.
(2) You must develop a written accident prevention program tailored to the needs of your agricultural operation and to the types of hazards involved.
(3) Your accident prevention program must contain at least the following elements:
(a) How, when, and where to report injuries and illnesses, and the location of first-aid facilities.
(b) How to report unsafe conditions and practices.
(c) The use and care of personal protective equipment.
(d) What to do in emergencies. See WAC 296-307-35015 for emergency action plan requirements.
(e) Identification of hazardous chemicals or materials and the instruction for their safe use.
(f) An on-the-job review of the practices necessary to perform job assignments in a safe and healthful manner.
(4) At least once a month, you must conduct a walk-around safety inspection of active job sites, the materials and equipment involved, and operating procedures. A representative chosen by employees must be invited and allowed to accompany you.
| Note: | Additional requirements in Part G-1, WAC 296-307-097, Outdoor heat exposure, may apply. Employers may address their outdoor heat exposure safety program either in their written accident prevention program (APP) or as a stand-alone written document. See Part G-1. |
[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-030, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-030, 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-030, filed 10/31/96, effective 12/1/96.]
(1) Potable water is in locations that are accessible to all employees.
(2) Potable water containers are refilled daily or more often as necessary.
(3) Potable water dispensers are designed, constructed, and serviced so that sanitary conditions are maintained. They are closeable and equipped with a tap.
(4) Open containers such as barrels, pails, or tanks for drinking water from which water must be dipped or poured, whether or not they are fitted with a cover, are prohibited.
(5) Any container used to distribute drinking water is clearly marked in English and with the appropriate international symbol describing its contents.
(6) Any container used to distribute drinking water is only used for that purpose.
(7) Potable water is suitably cool and provided in sufficient amounts, taking into account the air temperature, humidity, and the nature of the work performed, to meet employees' needs.
| Note: | Suitably cool water should be sixty degrees Fahrenheit or less. During hot weather, employees may require up to three gallons of water per day. Additional requirements may be found in the outdoor heat exposure standard in Part G-1, WAC 296-307-09740 Drinking water, which applies between May 1st and September 30th of each year. |
"Single-use drinking cups" means containers of any type or size, disposable or not, and including personal containers if the choice to use a personal container is made by the employee, not the employer.
(9) Employees must be prohibited from drinking from irrigation ditches, creeks or rivers. Potable water must meet the quality standards for drinking purposes of the state or local authority, or must meet quality standards of the United States Environmental Protection Agency's National Interim -- Primary Drinking Water Regulations, published in 40 CFR Part 141 and 40 CFR 147.2400.
[97-09-013, recodified as § 296-307-09512, 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-09512, filed 10/31/96, effective 12/1/96.]
(a) Preapplication activities, including, but not limited to:
(i) Arranging for the application of the pesticide;
(ii) Mixing and loading the pesticide; and
(iii) Making necessary preparations for the application of the pesticide, including responsibilities related to worker notification, training of handlers, decontamination, use and care of personal protective equipment, emergency information, and heat stress management.
| Note: | Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1. |
(c) Post-application activities necessary to reduce the risks of illness and injury resulting from handlers' and workers' occupational exposures to pesticide residues during the restricted-entry interval plus thirty days. These activities include, but are not limited to, responsibilities related to worker training, notification, and decontamination.
(d) Other pesticide-related activities, including, but not limited to, providing emergency assistance, transporting or storing pesticides that have been opened, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.
(2) A person who has a duty under this chapter, as referenced on the pesticide product label, and who fails to perform that duty, violates RCW 15.58.330 and 17.21.315, and is subject to civil penalties under RCW 15.58.335, 15.58.260 and 17.21.315.
(3) FIFRA section 14 (b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term "acting for" includes both employment and contractual relationships.
(4) The requirements of this chapter, including the decontamination requirements, shall not, for the purposes of section 653 (b)(1) of Title 29 of the U.S. Code, be deemed to be the exercise of statutory authority to prescribe or enforce standards or regulations affecting the general sanitary hazards addressed by Field Sanitation, WAC 296-307-095, or other agricultural, nonpesticide hazards.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-11015, filed 12/21/04, effective 4/2/05. 97-09-013, recodified as § 296-307-11015, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-11015, filed 9/30/96, effective 11/1/96.]
(a) After the application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide labeling has expired, except as provided in this section.
(b) Entry-restricted areas in greenhouses are specified in column D in Table 2 under WAC 296-307-12015 (3)(d).
(c) When two or more pesticides are applied at the same time, the restricted-entry interval shall be the longest of the applicable intervals.
(d) The agricultural employer shall assure that any worker who enters a treated area under a restricted-entry interval as permitted by subsections (3), (4), and (5) of this section uses the personal protective equipment specified in the product labeling for early entry workers and follows any other requirements on the pesticide labeling regarding early entry.
(2) Exception for activities with no contact. A worker may enter a treated area during a restricted-entry interval if the agricultural employer assures that both of the following are met:
(a) The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants; and
(b) No such entry is allowed until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling have been met.
(3) Exception for short-term activities. A worker may enter a treated area during a restricted-entry interval for short-term activities if the agricultural employer assures that the following requirements are met:
(a) No hand labor activity is performed.
(b) The time in treated areas under a restricted-entry interval for any worker does not exceed one hour in any twenty-four-hour period.
(c) No such entry is allowed for the first four hours following the end of the application, and no such entry is allowed thereafter until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling have been met.
(d) The personal protective equipment specified on the product labeling for early entry is provided to the worker. Such personal protective equipment shall conform to the following standards:
(i) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.
(ii) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities.
(iii) When "chemical-resistant" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use.
(iv) When "waterproof" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use.
(v) When a "chemical-resistant suit" is specified by the product labeling, it shall be a loose-fitting, one-piece or two-piece, chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.
(vi) When "coveralls" are specified by the product labeling, they shall be a loose-fitting, one-piece or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over a layer of clothing. If a chemical-resistant suit is substituted for coveralls, it need not be worn over a layer of clothing.
(vii) Gloves shall be of the type specified by the product labeling. Gloves or glove linings made of leather, cotton, or other absorbent materials must not be worn for early entry activities unless these materials are listed on the product labeling as acceptable for such use. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable for tasks with roses or other plants with sharp thorns, leather gloves may be worn over chemical-resistant liners. However, once leather gloves have been worn for this use, thereafter they shall be worn only with chemical-resistant liners and they shall not be worn for any other use.
(viii) When "chemical-resistant footwear" is specified by the product labeling, it shall be one of the following types of footwear: Chemical-resistant shoes, chemical-resistant boots, or chemical-resistant shoe coverings worn over shoes or boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable for workers, then leather boots may be worn in such terrain.
(ix) When "protective eyewear" is specified by the product labeling, it shall be one of the following types of eyewear: Goggles; face shield; safety glasses with front, brow, and temple protection; or a full-face respirator.
(x) When "chemical-resistant headgear" is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim.
(e) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use.
(f) The agricultural employer shall assure that:
(i) Workers wear the personal protective equipment correctly for its intended purpose and use personal protective equipment according to manufacturer's instructions.
(ii) Before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.
(iii) Personal protective equipment that cannot be cleaned properly is disposed of in accordance with any applicable federal, state, and local regulations.
(iv) All personal protective equipment is cleaned according to manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water.
(v) Before being stored, all clean personal protective equipment is dried thoroughly or is put in a well-ventilated place to dry.
(vi) Personal protective equipment contaminated with pesticides is kept separately and washed separately from any other clothing or laundry.
(vii) Any person who cleans or launders personal protective equipment is informed that such equipment may be contaminated with pesticides, of the potentially harmful effects of exposure to pesticides, and of the correct way(s) to handle and clean personal protective equipment and to protect themselves when handling equipment contaminated with pesticides.
(viii) All clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas.
(ix) Each worker is instructed how to put on, use, and remove the personal protective equipment and is informed about the importance of washing thoroughly after removing personal protective equipment.
(x) Each worker is instructed in the prevention, recognition, and first-aid treatment of heat-related illness.
| Note: | Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1. |
(g) When personal protective equipment is required by the labeling of any pesticide for early entry, the agricultural employer shall assure that no worker is allowed or directed to perform the early entry activity without implementing, when appropriate, measures to prevent heat-related illness.
| Note: | Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1. |
(i) The agricultural employer shall not allow or direct any worker to wear home or to take home personal protective equipment contaminated with pesticides.
(4) Declaration of an agricultural emergency.
(a) The director of the Washington state department of agriculture may declare the existence of circumstances causing an agricultural emergency on a particular establishment or establishments.
(b) The director may declare an agricultural emergency based on the reasonably expected certainty of circumstances occurring based on weather or other forecasts that would create conditions that would normally be anticipated to cause an agricultural emergency.
(c) The agricultural employer may determine if the establishment under his/her control is subject to the agricultural emergency declared by the director.
(d) Emergency repair of equipment that is in use and sited within a pesticide treated area under a restricted-entry interval, such as frost protection devices, shall be considered to be an agricultural emergency. The conditions in WAC 16-228-655 shall be met.
(e) Activities that require immediate response such as fire suppression, relocation of greenhouse plants due to power failure, and similar conditions, shall be considered to be agricultural emergencies. The conditions in WAC 16-228-655 shall be met.
(5) Agricultural activities permitted under an agricultural emergency.
(a) A worker may enter a pesticide treated area under a restricted-entry interval in an agricultural emergency to perform tasks, including hand labor tasks, necessary to mitigate the effects of the agricultural emergency if the agricultural employer assures that all the following requirements are met:
(i) No entry is permitted for the first four hours after the pesticide application or the minimum reentry interval allowed by EPA for that product, whichever is less;
(ii) The personal protective equipment specified on the product labeling for early entry is provided to the worker;
(iii) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use;
(iv) The agricultural employer shall assure that the worker wears the proper PPE and that the PPE is in operable condition and that the worker has been trained in its proper use;
(v) The agricultural employer shall assure that measures have been taken, when appropriate, to prevent heat-related illness;
| Note: | Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1. |
(vii) The agricultural employer shall not allow or direct any worker to wear home or take home personal protective equipment contaminated with pesticides.
(b) If the agricultural emergency is due to equipment failure, then the agricultural employer shall assure that all the requirements in subsection (1) of this section are met plus the following additional requirement. The only permitted activity until the restricted-entry interval has elapsed is equipment repair that would mitigate the effect of the equipment failure.
(6) Recordkeeping required for agricultural emergencies.
(a) If the employer declares that his/her establishment is affected by an agricultural emergency and that activities regulated by the worker protection standard have been performed, the employer shall keep the following records for seven years from the date of the agricultural emergency:
(i) Date of the agricultural emergency;
(ii) Time of the agricultural emergency, start and end;
(iii) Reason for the agricultural emergency, such as frost, fire, equipment failure, etc.;
(iv) Crop/site;
(v) Pesticide(s) - name, EPA number, REI;
(vi) Name, date, time of entry and exit of early entry person(s);
(vii) Estimated potential of economic loss which would have occurred had no early entry been allowed.
(b) Records shall be completed within twenty-four hours of the early entry exposure and be available to the department and/or department of health and/or medical facility or treating physician if requested by the above or the employee.
(7) Exception to entry restrictions requiring EPA approval. EPA may in accordance with 40 CFR, Part 170.112(e) grant an exception from the requirements of this section. A request for an exception must be submitted to the Director, Office of Pesticide Programs (H-7501C), Environmental Protection Agency, 401 "M" Street SW, Washington, DC 20460 and must be accompanied by two copies of the information specified in 40 CFR, Part 170.112(e).
[Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-12020, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-12020, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-12020, filed 9/30/96, effective 11/1/96.]
(2) Definition.
(a) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.
(b) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities.
(3) Provision. When personal protective equipment is specified by the labeling of any pesticide for any handling activity, the handler employer shall provide the appropriate personal protective equipment in clean and operating condition to the handler.
(a) When "chemical-resistant" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use.
(b) When "waterproof" personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use.
(c) When a "chemical-resistant suit" is specified by the product labeling, it shall be a loose-fitting, one-piece or two-piece chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.
(d) When "coveralls" are specified by the product labeling, they shall be a loose-fitting, one-piece or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over another layer of clothing.
(e) Gloves shall be of the type specified by the product labeling. Gloves or glove linings made of leather, cotton, or other absorbent material shall not be worn for handling activities unless such materials are listed on the product labeling as acceptable for such use.
(f) When "chemical-resistant footwear" is specified by the product labeling, one of the following types of footwear must be worn:
(i) Chemical-resistant shoes.
(ii) Chemical-resistant boots.
(iii) Chemical-resistant shoe coverings worn over shoes or boots.
(g) When "protective eyewear" is specified by the product labeling, one of the following types of eyewear must be worn:
(i) Goggles.
(ii) Face shield.
(iii) Safety glasses with front, brow, and temple protection.
(iv) Full-face respirator.
(h) When a "chemical-resistant apron" is specified by the product labeling, an apron that covers the front of the body from mid-chest to the knees shall be worn.
(i) When a respirator is specified by the product labeling, it shall be appropriate for the pesticide product used and for the activity to be performed. The handler employer shall assure that the respirator fits correctly by using the procedures consistent with chapter 296-307 WAC, Part Y-5. If the label does not specify the type of respirator to be used, it shall meet the requirements of chapter 296-307 WAC, Part Y-5. The respiratory protection requirements of chapter 296-307 WAC, Part Y-5, shall apply.
(j) When "chemical-resistant headgear" is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim.
(4) Exceptions to personal protective equipment specified on product labeling.
(a) Body protection.
(i) A chemical-resistant suit may be substituted for "coveralls," and any requirement for an additional layer of clothing beneath is waived.
(ii) A chemical-resistant suit may be substituted for "coveralls" and a chemical-resistant apron.
(b) Boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable, then leather boots may be worn in such terrain.
(c) Gloves. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, then during handling activities with roses or other plants with sharp thorns, leather gloves may be worn over chemical-resistant glove liners. However, once leather gloves are worn for this use, thereafter they shall be worn only with chemical-resistant liners and they shall not be worn for any other use.
(d) Closed systems. If handling tasks are performed using properly functioning systems that enclose the pesticide to prevent it from contacting handlers or other persons, and if such systems are used and are maintained in accordance with that manufacturer's written operating instructions, exceptions to labeling-specified personal protective equipment for the handling activity are permitted as provided in (d)(i) and (ii) of this subsection.
(i) Persons using a closed system to mix or load pesticides with a signal word of DANGER or WARNING may substitute a long-sleeved shirt, long pants, shoes, socks, chemical-resistant apron, and any protective gloves specified on the labeling for handlers for the labeling-specified personal protective equipment.
(ii) Persons using a closed system to mix or load pesticides other than those in (d)(i) of this subsection or to perform other handling tasks may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment.
(iii) Persons using a closed system that operates under pressure shall wear protective eyewear.
(iv) Persons using a closed system shall have all labeling-specified personal protective equipment immediately available for use in an emergency.
(e) Enclosed cabs. If handling tasks are performed from inside a cab that has a nonporous barrier which totally surrounds the occupants of the cab and prevents contact with pesticides outside of the cab, exceptions to personal protective equipment specified on the product labeling for that handling activity are permitted as provided in (e)(i) through (iv) of this subsection.
(i) Persons occupying an enclosed cab may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If a respiratory protection device is specified on the pesticide product labeling for the handling activity, it must be worn.
(ii) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer and by the Washington state department of labor and industries to provide respiratory protection equivalent to or greater than a dust/mist filtering respirator may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If a respiratory protection device other than a dust/mist-filtering respirator is specified on the pesticide product labeling, it must be worn.
(iii) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer and by the Washington state department of labor and industries to provide respiratory protection equivalent to or greater than the vapor-removing or gas-removing respirator specified on pesticide product labeling may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If an air-supplying respirator or a self-contained breathing apparatus (SCBA) is specified on the pesticide product labeling, it must be worn.
(iv) Persons occupying an enclosed cab shall have all labeling-specified personal protective equipment immediately available and stored in a chemical-resistant container, such as a plastic bag. They shall wear such personal protective equipment if it is necessary to exit the cab and contact pesticide-treated surfaces in the treated area. Once personal protective equipment is worn in the treated area, it must be removed before reentering the cab.
(f) Aerial applications.
(i) Use of gloves. Chemical-resistant gloves shall be worn when entering or leaving an aircraft contaminated by pesticide residues. In the cockpit, the gloves shall be kept in an enclosed container to prevent contamination of the inside of the cockpit.
(ii) Open cockpit. Persons occupying an open cockpit shall use the personal protective equipment specified in the product labeling for use during application, except that chemical-resistant footwear need not be worn. A helmet may be substituted for chemical-resistant headgear. A visor may be substituted for protective eyewear.
(iii) Enclosed cockpit. Persons occupying an enclosed cockpit may substitute a long-sleeved shirt, long pants, shoes, and socks for labeling-specified personal protective equipment.
(g) Crop advisors. Crop advisors entering treated areas while a restricted-entry interval is in effect may wear the personal protective equipment specified on the pesticide labeling for early entry activities instead of the personal protective equipment specified on the pesticide labeling for handling activities, provided:
(i) Application has been completed for at least four hours.
(ii) Any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling have been met.
(5) Use of personal protective equipment.
(a) The handler employer shall assure that personal protective equipment is used correctly for its intended purpose and is used according to the manufacturer's instructions.
(b) The handler employer shall assure that, before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.
(6) Cleaning and maintenance.
(a) The handler employer shall assure that all personal protective equipment is cleaned according to the manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water.
(b) If any personal protective equipment cannot be cleaned properly, the handler employer shall dispose of the personal protective equipment in accordance with any applicable federal, state, and local regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with an undiluted pesticide that has the signal word DANGER or WARNING on the label shall be not be reused.
(c) The handler employer shall assure that contaminated personal protective equipment is kept separately and washed separately from any other clothing or laundry.
(d) The handler employer shall assure that all clean personal protective equipment shall be either dried thoroughly before being stored or shall be put in a well ventilated place to dry.
(e) The handler employer shall assure that all personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas.
(f) The handler employer shall assure that when dust/mist filtering respirators are used, the filters shall be replaced:
(i) When breathing resistance becomes excessive.
(ii) When the filter element has physical damage or tears.
(iii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent.
(iv) In the absence of any other instructions or indications of service life, at the end of each day's work period.
(g) The handler employer shall assure that when gas-removing or vapor-removing respirators are used, the gas-removing or vapor-removing canisters or cartridges shall be replaced:
(i) At the first indication of odor, taste, or irritation.
(ii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent.
(iii) In the absence of any other instructions or indications of service life, at the end of each day's work period.
(h) The handler employer shall inform any person who cleans or launders personal protective equipment:
(i) That such equipment may be contaminated with pesticides.
(ii) Of the potentially harmful effects of exposure to pesticides.
(iii) Of the correct way(s) to clean personal protective equipment and to protect themselves when handling such equipment.
(i) The handler employer shall assure that handlers have a clean place(s) away from pesticide storage and pesticide use areas where they may:
(i) Store personal clothing not in use.
(ii) Put on personal protective equipment at the start of any exposure period.
(iii) Remove personal protective equipment at the end of any exposure period.
(j) The handler employer shall not allow or direct any handler to wear home or to take home personal protective equipment contaminated with pesticides.
(7) Heat-related illness. When the use of personal protective equipment is specified by the labeling of any pesticide for the handling activity, the handler employer shall assure that no handler is allowed or directed to perform the handling activity unless appropriate measures are taken, if necessary, to prevent heat-related illness.
| Note: | Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1. |
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-13045, filed 12/21/04, effective 4/2/05. Statutory Authority: RCW 49.17.040. 98-24-096, § 296-307-13045, filed 12/1/98, effective 3/1/99. 97-09-013, recodified as § 296-307-13045, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, § 296-306A-13045, filed 9/30/96, effective 11/1/96.]
OTS-1934.3
PART G-1
NEW SECTION
WAC 296-307-097
Outdoor heat exposure.
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(2) The requirements of WAC 296-307-097 through 296-307-09760 apply to outdoor work environments from May 1 through September 30, annually, only when employees are exposed to outdoor heat at or above an applicable temperature listed in Table 1.
Table 1
To determine which temperature applies to each worksite, select the temperature associated with the general type of clothing or personal protective equipment (PPE) each employee is required to wear.
Outdoor Temperature Action Levels
| All other clothing | 89° |
| Double-layer woven clothes including coveralls, jackets and sweatshirts | 77° |
| Nonbreathing clothes including vapor barrier clothing or PPE such as chemical resistant suits | 52° |
| Note: | There is no requirement to maintain temperature records. The temperatures in Table 1 were developed based on Washington state data and are not applicable to other states. |
(4) WAC 296-307-097 through 296-307-09760 supplement all industry-specific standards with related requirements. Where the requirements under these sections provide more specific or greater protection than the industry-specific standards, the employer shall comply with the requirements under these sections. Additional related requirements are found in chapter 296-305 WAC, Safety standards for fire fighters and chapter 296-307 WAC, Safety standards for agriculture.
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(2) Double-layer woven clothing means clothing worn in two layers allowing air to reach the skin. For example, coveralls worn on top of regular work clothes.
(3) Drinking water means potable water that is suitable to drink. Drinking water packaged as a consumer product and electrolyte-replenishing beverages (i.e., sports drinks) that do not contain caffeine are acceptable.
(4) Engineering controls means the use of devices to reduce exposure and aid cooling (i.e., air conditioning).
(5) Environmental factors for heat-related illness means working conditions that increase susceptibility for heat-related illness such as air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload (i.e., heavy, medium, or low) and duration, and personal protective equipment worn by employees. Measurement of environmental factors is not required by WAC 296-307-097.
(6) Heat-related illness means a medical condition resulting from the body's inability to cope with a particular heat load, and includes, but is not limited to, heat cramps, heat rash, heat exhaustion, fainting, and heat stroke.
(7) Outdoor environment means an environment where work activities are conducted outside. Work environments such as inside vehicle cabs, sheds, and tents or other structures may be considered an outdoor environment if the environmental factors affecting temperature are not managed by engineering controls. Construction activity is considered to be work in an indoor environment when performed inside a structure after the outside walls and roof are erected.
(8) Vapor barrier clothing means clothing that significantly inhibits or completely prevents sweat produced by the body from evaporating into the outside air. Such clothing includes encapsulating suits, various forms of chemical resistant suits used for PPE, and other forms of nonbreathing clothing.
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(a) Address their outdoor heat exposure safety program in their written accident prevention program (APP); and
(b) Encourage employees to frequently consume water or other acceptable beverages to ensure hydration.
(2) Employees are responsible for monitoring their own personal factors for heat-related illness including consumption of water or other acceptable beverages to ensure hydration.
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(a) Employers must ensure that a sufficient quantity of drinking water is readily accessible to employees at all times; and
(b) Employers must ensure that all employees have the opportunity to drink at least one quart of drinking water per hour.
(2) Employers are not required to supply the entire quantity of drinking water needed to be supplied for all employees on a full shift at the beginning of the shift. Employers may begin the shift with smaller quantities of drinking water if effective procedures are established for replenishment during the shift.
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(2) Employees showing signs or demonstrating symptoms of heat-related illness must be monitored to determine whether medical attention is necessary.
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(1) Employee training. Training on the following topics must be provided to all employees who may be exposed to outdoor heat at or above the temperatures listed in WAC 296-307-09710(2) Table 1:
(a) The environmental factors that contribute to the risk of heat-related illness;
(b) General awareness of personal factors that may increase susceptibility to heat-related illness including, but not limited to, an individual's age, degree of acclimatization, medical conditions, drinking water consumption, alcohol use, caffeine use, nicotine use, and use of medications that affect the body's responses to heat. This information is for the employee's personal use;
(c) The importance of removing heat-retaining personal protective equipment such as nonbreathable chemical resistant clothing during all breaks;
(d) The importance of frequent consumption of small quantities of drinking water or other acceptable beverages;
(e) The importance of acclimatization;
(f) The different types of heat-related illness, the common signs and symptoms of heat-related illness; and
(g) The importance of immediately reporting signs or symptoms of heat-related illness in either themselves or in co-workers to the person in charge and the procedures the employee must follow including appropriate emergency response procedures.
(2) Supervisor training. Prior to supervising employees working in outdoor environments with heat exposure at or above the temperature levels listed in WAC 296-307-09710(2) Table 1, supervisors must have training on the following topics:
(a) The information required to be provided to employees listed in subsection (1) of this section;
(b) The procedures the supervisor must follow to implement the applicable provisions of WAC 296-307-097 through 296-307-09760;
(c) The procedures the supervisor must follow if an employee exhibits signs or symptoms consistent with possible heat-related illness, including appropriate emergency response procedures; and
(d) Procedures for moving or transporting an employee(s) to a place where the employee(s) can be reached by an emergency medical service provider, if necessary.
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