LABOR AND INDUSTRIES
Effective Date of Rule: March 1, 2009.
Purpose: The purpose of this rule making is to change the reporting requirements contained in several chapters to match the reporting requirements in other safety standards administered and enforced by the department. These sections were inadvertently left out of the previous rule filing that changed these requirements (see WSR 08-05-012). Additionally, the definition of the term "hospitalization" is being clarified to reduce confusion and bring our rules into line with OSHA's interpretation of the word.
Citation of Existing Rules Affected by this Order: Amending WAC 296-27-00105 Partial exemption for private employers in certain industries, 296-27-00109 Nonmandatory appendix to this section -- Partially exempt industries, 296-27-031 Reporting fatality, injury, and illness information, 296-37-525 Medical requirements, 296-305-01503 Accident investigation, 296-800-320 Summary, and 296-800-370 Definitions.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Adopted under notice filed as WSR 08-16-111 on August 5, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 7, Repealed 0.
Date Adopted: December 23, 2008.
AMENDATORY SECTION(Amending WSR 04-07-161, filed 3/23/04, effective 6/1/04)
WAC 296-24-012 Definitions applicable to all sections of this chapter.
|Note:||Meaning of words. Unless the context indicates otherwise, words used in this chapter shall have the meaning given in this section.|
(2) "Authorized person" means a person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the job site.
(3) "Competent person" means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective action to eliminate them.
(4) "Department" means the department of labor and industries.
(5) "Director" means the director of the department of labor and industries, or his/her designated representative.
(6) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any person, partnership, or business entity not having employees, and who is covered by the industrial insurance act shall be considered both an employer and an employee.
(7) "First aid" means, for purposes of this section, the extent of treatment that could be expected to be given by a person trained in basic first aid, using supplies from a first-aid kit. Tests, such as X rays, shall not be confused with treatment.
(8) "Hazard" means that condition, potential or inherent, which can cause injury, death, or occupational disease.
(9) "Hospitalization" means to be ((
sent to; to go to; or
be)) admitted to a hospital or an equivalent medical facility
(( and receive medical treatment beyond that which would be
considered as first-aid treatment, regardless of the length of
stay in the hospital or medical facility)) on an emergent
in-patient basis requiring an overnight stay.
(10) "Qualified" means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.
(11) "Safety factor" means the ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use.
(12) "Safety and health standard" means a standard which requires the adoption or use of one or more practices, means, methods, operations, or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment.
(13) "Shall" means mandatory.
(14) "Should" means recommended.
(15) "Standard safeguard" means a device designed and constructed with the object of removing the hazard of accident incidental to the machine, appliance, tool, building, or equipment to which it is attached.
Standard safeguards shall be constructed of either metal or wood or other suitable material or a combination of these. The final determination of the sufficiency of any safeguard rests with the director of the department of labor and industries.
(16) "Suitable" means that which fits, or has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.
(17) "Working day" means a calendar day, except Saturdays, Sundays, and legal holidays as set forth in RCW 1.16.050, as now or hereafter amended, and for the purposes of the computation of time within which an act is to be done under the provisions of this chapter, shall be computed by excluding the first working day and including the last working day.
(18) "Worker," "personnel," "person," "employee," and other terms of like meaning, unless the context of the provision containing such term indicates otherwise, mean an employee of an employer who is employed in the business of his/her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is his/her personal labor for an employer whether by manual labor or otherwise.
(19) "Work place" means any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all work places covered by industrial insurance under Title 51 RCW, as now or hereafter amended.
(20) Abbreviations used in this chapter:
(a) "ANSI" means American National Standards Institute.
(b) "API" means American Petroleum Institute.
(c) "ASA" means American Standards Association.
(d) "ASAE" means American Society of Agricultural Engineers.
(e) "ASHRE" means American Society of Heating and Refrigeration Engineers.
(f) "ASME" means American Society for Mechanical Engineers.
(g) "ASTM" means American Society for Testing and Materials.
(h) "AWS" means American Welding Society.
(i) "BTU" means British thermal unit.
(j) "BTUH" means British thermal unit per hour.
(k) "CFM" means cubic feet per minute.
(l) "CFR" means Code of Federal Regulations.
(m) "CGA" means Compressed Gas Association.
(n) "CIE" means Commission Internationale de l' Eclairage.
(o) "DOT" means department of transportation.
(p) "FRP" means fiberglass reinforced plastic.
(q) "GPM" means gallons per minute.
(r) "ICC" means Interstate Commerce Commission.
(s) "ID" means inside diameter.
(t) "LPG" means liquefied petroleum gas.
(u) "MCA" means Manufacturing Chemist Association. (New name: Chemical Manufacturers Association.)
(v) "NBFU" means National Board of Fire Underwriters.
(w) "NEMA" means National Electrical Manufacturing Association.
(x) "NFPA" means National Fire Protection Association.
(y) "NTP" means normal temperature and pressure.
(z) "OD" means outside diameter.
(aa) "PSI" means pounds per square inch.
(bb) "PSIA" means pounds per square inch atmospheric.
(cc) "PSIG" means pounds per square inch gauge.
(dd) "RMA" means Rubber Manufacturers Association.
(ee) "SAE" means Society of Automotive Engineers.
(ff) "TFI" means The Fertilizer Institute.
(gg) "TSC" means Trailer Standard Code.
(hh) "UL" means Underwriters' Laboratories, Inc.
(ii) "USASI" means United States of America Standards Institute.
(jj) "USC" means United States Code.
(kk) "USCG" means United States Coast Guard.
(ll) "WAC" means Washington Administrative Code.
(mm) "WISHA" means Washington Industrial Safety and Health Act of 1973.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-07-161, § 296-24-012, filed 3/23/04, effective 6/1/04. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050. 02-12-098, § 296-24-012, filed 6/5/02, effective 8/1/02. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-24-012, filed 7/20/94, effective 9/20/94; 89-11-035 (Order 89-03), § 296-24-012, filed 5/15/89, effective 6/30/89; Order 73-5, § 296-24-012, filed 5/9/73 and Order 73-4, § 296-24-012, filed 5/7/73.]
AMENDATORY SECTION(Amending WSR 08-05-012, filed 2/8/08, effective 4/1/08)
WAC 296-27-00105 Partial exemption for private employers in certain industries. (1) Basic requirement.
(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 in-patient hospitalization of any employee (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
in-patient hospitalization of ((
two or more)) any
employee(( s)) (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.
(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, 49.17.050, 49.17.060. 08-05-012, § 296-27-00105, filed 2/8/08, effective 4/1/08. 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.]
See Table "1" at the end of this document.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-01-064, § 296-27-00109, filed 12/14/01, effective 1/1/02.]
(a) If the local L&I office is closed, how do I report
the incident? If the local office is closed, you must report
a fatality or ((
multiple)) in-patient hospitalization incident
by calling either the department at 1-800-4BE-SAFE
(1-800-423-7233) or by contacting the Occupational Safety and
Health Administration (OSHA) by calling its central number at
(b) What information do I need to give about the
incident? You must give the following information for each
fatality or ((
multiple)) in-patient hospitalization incident:
Name of the work place;
Location of the incident;
Time and date of the incident;
Number of fatalities or hospitalized employees;
Names of injured employees;
Contact person and phone number; and
Brief description of the incident.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-01-064, § 296-27-031, filed 12/14/01, effective 1/1/02.]
AMENDATORY SECTION(Amending Order 78-18, filed 10/2/78)
WAC 296-37-525 Medical requirements. (1) General.
(a) The employer shall determine that dive team members who are, or are likely to be, exposed to hyperbaric conditions are medically fit to perform assigned tasks in a safe and healthful manner.
(b) The employer shall provide each dive team member who is, or is likely to be, exposed to hyperbaric conditions with all medical examinations required by this standard.
(c) All medical examinations required by this standard shall be performed by, or under the direction of, a physician at no cost to the employee.
(2) Frequency of medical examinations. Medical examinations shall be provided:
(a) Prior to initial hyperbaric exposure with the employer, unless an equivalent medical examination has been given within the preceding 12 months and the employer has obtained the results of the examination and an opinion from the examining physician of the employee's medical fitness to dive or to be otherwise exposed to hyperbaric conditions;
(b) At one year intervals from the date of initial examination or last equivalent examination; and
(c) After an injury or illness requiring in-patient
of more than twenty-four hours)).
(3) Information provided to examining physician. The employer shall provide the following information to the examining physician:
(a) A copy of the medical requirements of this standard; and
(b) A summary of the nature and extent of hyperbaric conditions to which the dive team member will be exposed, including diving modes and types of work to be assigned.
(4) Content of medical examinations.
(a) Medical examinations conducted initially and annually shall consist of the following:
(i) Medical history;
(ii) Diving-related work history;
(iii) Basic physical examination;
(iv) The tests required by Table I; and
(v) Any additional tests the physician considers necessary.
(b) Medical examinations conducted after an injury or
illness requiring in-patient hospitalization ((
of more than 24
hours)) shall be appropriate to the nature and extent of the
injury or illness as determined by the examining physician.
TESTS FOR DIVING MEDICAL EXAMINATION
|Chest X ray . . . . . . . . . . . .||x|
|Visual acuity . . . . . . . . . . . .||x||x|
|Color blindness . . . . . . . . . . . .||x|
|EKG: Standard 12L1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .|
|Hearing test . . . . . . . . . . . .||x||x|
|Hematocrit or . . . . . . . . . . . .||x||x|
|Sickle cell index . . . . . . . . . . . .||x|
|White blood count . . . . . . . . . . . .||x||x|
|Urinalysis . . . . . . . . . . . .
|1To be given to the employee once, at age 35 or over.|
(a) After any medical examination required by this standard, the employer shall obtain a written report prepared by the examining physician containing:
(i) The results of the medical examination; and
(ii) The examining physician's opinion of the employee's fitness to be exposed to hyperbaric conditions, including any recommended restrictions or limitations to such exposure (see WAC 296-37-585).
(b) The employer shall provide the employee with a copy of the physician's written report.
(6) Determination of employee fitness.
(a) The employer shall determine the extent and nature of the dive team member's fitness to engage in diving or be otherwise exposed to hyperbaric conditions consistent with the recommendations in the examining physician's report.
(b) If the examining physician has recommended a restriction or limitation on the dive team member's exposure to hyperbaric conditions, and the affected employee does not concur, a second physician selected by the employee shall render a medical opinion on the nature and extent of the restriction or limitation, if any.
(c) If the recommendation of the second opinion differs from that of the examining (first) physician, and if the employer and employee are unable to agree on the nature and extent of the restriction or limitation, an opinion from a third physician selected by the first two physicians shall be obtained. The employer's determination of the dive team member's fitness shall be consistent with the medical opinion of the third physician, unless the employer and employee reach an agreement which is otherwise consistent with the recommendation or opinion of at least two of the physicians involved.
(d) Nothing in this procedure shall be construed to prohibit either a dive team member from accepting, or an employer from offering, an assignment which is otherwise consistent with at least one medical opinion while a final determination on the employee's fitness is pending.
[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), § 296-37-525, filed 10/2/78.]
AMENDATORY SECTION(Amending WSR 96-11-067, filed 5/10/96, effective 1/1/97)
WAC 296-305-01503 Accident investigation. (1) After the emergency actions following accidents that cause serious injuries that have immediate symptoms, a preliminary investigation of the cause of the accident shall be conducted. The investigation shall be conducted by a person designated by the employer. The fire department shall establish a written procedure and a program for investigating, and evaluating the facts, relating to the cause of accidents. The findings of the investigation shall be documented by the employer for reference at any following formal investigations.
(2) 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.
(3) Equipment involved in an accident resulting in an immediate or probable fatality, shall not be moved, until a representative of the consultation and compliance services division investigates the accident and releases such equipment, except where removal is essential to prevent further accident. When necessary to remove the victim, such equipment may be moved only to the extent of making possible such removal.
(4) Upon arrival of the department's investigator, the employer shall assign to assist the investigator such personnel as are deemed necessary by the department to conduct the investigation.
(5) The fire department shall preserve all records, photographic materials, audio, video, recordings, or other documentation concerning an accident.
Reference: WAC 296-24-020 (2), (3).
[Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-01503, filed 5/10/96, effective 1/1/97.]
AMENDATORY SECTION(Amending WSR 08-05-012, filed 2/8/08, effective 4/1/08)
WAC 296-800-320 Summary. Your responsibility:
To report and conduct an investigation of certain types of accidents.
Report the death, or probable death, of any employee, or the in-patient hospitalization of any employee 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
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 08-05-012, § 296-800-320, filed 2/8/08, effective 4/1/08. 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.]
Abatement Action Plans
Refers to your written plans for correcting a WISHA violation.
The date on the citation when you must comply with specific safety and health standards listed on the citation and notice of assessment or the corrective notice of redetermination.
As used in Electrical, WAC 296-800-280 means an installation or equipment is acceptable to the director of labor and industries, and approved:
If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory; or
With respect to an installation or equipment of a kind which no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, if it is inspected or tested by another federal agency, or by a state, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Code, and found in compliance with the provisions of the National Electrical Code as applied in this section;
With respect to custom-made equipment or related installations which are designed, fabricated for, and intended for use by a particular customer, if it is determined to be safe for its intended use by its manufacturer on the basis of test data which the employer keeps and makes available for inspection to the director and his/her authorized representatives. Refer to federal regulation 29 CFR 1910.7 for definition of nationally recognized testing laboratory.
As used in Electrical, WAC 296-800-280 means an installation is accepted if it has been inspected and found by a nationally recognized testing laboratory to conform to specified plans or to procedures of applicable codes.
As used in material safety data sheets (MSDSs) as Exposure Records, WAC 296-800-180 means the right and opportunity to examine and copy exposure records.
As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means employees exposed to hazards identified as violations in a citation.
Analysis using exposure or medical records
An analysis using exposure records or medical records can be any collection of data or a statistical study. It can be based on either:
Partial or complete information from individual employee exposure or medical records or
Information collected from health insurance claim records
The analysis is not final until it has been:
Reported to the employer or
Completed by the person responsible for the analysis
This is an acronym for the American National Standards Institute.
Approved by the director of the department of labor and industries or their authorized representative, or by an organization that is specifically named in a rule, such as Underwriters' Laboratories (UL), Mine Safety and Health Administration (MSHA), or the National Institute for Occupational Safety and Health (NIOSH).
As used in Electrical, WAC 296-800-280 means acceptable to the authority enforcing this section. The authority enforcing this section is the director of labor and industries. The definition of acceptable indicates what is acceptable to the director and therefore approved.
The assistant director for the WISHA services division at the department of labor and industries or his/her designated representative.
This is an acronym for American Society for Testing and Materials.
Attachment plug or plug
As used in the basic electrical rules, WAC 296-800-280 means the attachment at the end of a flexible cord or cable that is part of a piece of electrical equipment. When it is inserted into an outlet or receptacle, it connects the conductors supplying electrical power from the outlet to the flexible cable.
A conductor that does not have any covering or insulation.
A room maintained within or on the premises of any place of employment, containing toilets that flush for use by employees.
Organisms or their by-products.
As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means the board of industrial insurance appeals.
An exposure limit that must not be exceeded during any part of the employee's workday. The ceiling must be determined over the shortest time period feasible and should not exceed fifteen minutes.
As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means refers to an employer's written statement describing when and how a citation violation was corrected.
This is an acronym for Code of Federal Regulations.
Any element, chemical compound, or mixture of elements and/or compounds.
Chemical agents (airborne or contact)
A chemical agent is any of the following:
Airborne chemical agent which is any of the following:
Dust - solid particles suspended in air, that are created by actions such as:
Decrepitation of organic or inorganic materials such as rock, ore, metal, coal, wood, and grain.
Fume - solid particles suspended in air, that are created by condensation from the gaseous state.
Gas - a normally formless fluid, such as air, which can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature or both.
Mist - liquid droplets suspended in air. Mist is created by:
Condensation from the gaseous to the liquid state;
Converting a liquid into a dispersed state with actions such as splashing, foaming, spraying or atomizing.
Vapor - the gaseous form of a substance that is normally in the solid or liquid state.
Contact chemical agent which is any of the following:
Corrosive - a substance that, upon contact, causes destruction of living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.
Irritant - a substance that will induce a local inflammatory reaction upon immediate, prolonged, or repeated contact with normal living tissue.
Toxicant - a substance that has the inherent capacity to produce personal injury or illness to individuals by absorption through any body surface.
An employer with a workplace where one or more chemicals are produced for use or distribution.
The scientific designation of a chemical in accordance with one of the following:
The nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC)
The Chemical Abstracts Service (CAS) rules of nomenclature
A name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
Is a device used to manually open or close a circuit. This device will also open the circuit automatically and without damage to the breaker when a predetermined overcurrent is applied. (600 volts nominal or less)
Is a switching device capable of making, carrying, and breaking currents under normal circuit conditions, and also making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions, such as those of short circuit. (Over 600 volts nominal)
Refers to the citation and notice issued to an employer for any violation of WISHA safety and health rules. A citation and notice may be referred to as a citation and notice of assessment but is more commonly referred to as a citation.
A combustible liquid has a flashpoint of at least 100°F (37.8°C) and below 200°F (93.3°C). Mixtures with at least 99% of their components having flashpoints of 200°F (93.3°C) or higher are not considered combustible liquids.
As used in Employer Chemical Hazard Communication, WAC 296-800-170 means an arrangement in which a retail distributor sells hazardous chemical(s) to an employer, generally in large quantities over time, and/or at costs that are below the regular retail price.
As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any designation or identification such as:
Generic name used to identify a chemical other than by its chemical name.
A gas or mixture of gases that, when in a container, has an absolute pressure exceeding:
40 psi at 70°F (21.1°C)
104 psi at 130°F (54.4°C) regardless of the pressure at 70°F (21.1°C)
Compressed gas can also mean a liquid with a vapor pressure that exceeds 40 psi at 100°F (37.8°C)
A wire that transfers electric power.
As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any container, except for pipes or piping systems, that contains a hazardous chemical. It can be any of the following:
The date by which a violation must be corrected. Final orders or extensions that give additional time to make corrections establish correction dates. A correction date established by an order of the board of industrial insurance appeals remains in effect during any court appeal unless the court suspends the date.
Refers to a notice changing a citation and is issued by the department after a citation has been appealed.
A substance that, upon contact, causes destruction of living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.
A conductor that is covered by something else besides electrical insulation.
As used in basic electrical rules, WAC 296-800-280 means partially protected areas that are exposed to moderate moisture. Outdoor examples include roofed open porches and marquees. Interior examples include basements and barns.
Those portions of the department of labor and industries responsible for enforcing the Washington Industrial Safety Act (WISHA).
Any individual or organization to which an employee gives written authorization.
A recognized or certified collective bargaining agent without regard to written authorization.
The legal representative of a deceased or legally incapacitated employee.
The director means the director of the department of labor and industries or their designee.
A business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to other distributors or to employers.
As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means material that you submit to prove that a correction is completed. Documentation includes, but is not limited to, photographs, receipts for materials and/or labor.
As used in basic electrical rules, WAC 296-800-280 means areas not normally subjected to damp or wet conditions. Dry locations may become temporarily damp or wet, such as when constructing a building.
Solid particles suspended in air that are created by actions such as:
Decrepitation of organic or inorganic materials such as rock, ore, metal, coal, wood, and grain.
Emergency washing facilities
Emergency washing facilities are emergency showers, eyewashes, eye/face washes, hand-held drench hoses, or other similar units.
Places on an electric circuit where power is supplied to equipment through receptacles, sockets, and outlets for attachment plugs.
Based on chapter 49.17 RCW, the term employee and other terms of like meaning, unless the context of the provision containing such term indicates otherwise, means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise.
Employee exposure record
As used in material safety data sheets (MSDSs) as exposure records, WAC 296-800-180 means a record containing any of the following kinds of information:
Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;
Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;
Material safety data sheets indicating that the material may pose a hazard to human health;
In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent.
Based on chapter 49.17 RCW, an employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act must be considered both an employer and an employee.
Provides a way of travel out of the workplace.
A continuous and unobstructed path of exit travel from any point within a workplace to safety outside.
A chemical that causes a sudden, almost instant release of pressure, gas, and heat when exposed to a sudden shock, pressure, or high temperature.
Exposed live parts
Electrical parts that are:
Not suitably guarded, isolated, or insulated
Capable of being accidentally touched or approached closer than a safe distance.
Exposed wiring methods
Involve working with electrical wires that are attached to surfaces or behind panels designed to allow access to the wires.
Exposure or exposed
As used in employer chemical hazard communication, WAC 296-800-170 and material safety data sheets (MSDSs) as exposure records, WAC 296-800-180. An employee has been, or may have possibly been, subjected to a hazardous chemical, toxic substance or harmful physical agent while working. An employee could have been exposed to hazardous chemicals, toxic substances, or harmful physical agents in any of the following ways:
The terms exposure and exposed only cover workplace exposure involving a toxic substance or harmful physical agent in the workplace different from typical nonoccupational situations in the way it is:
See definition for employee exposure record.
A portable ladder with 2 or more sections and is not self-supporting. The 2 or more sections travel in guides or brackets that let you change the length. The size of a portable ladder is determined by adding together the length of each section.
Any violation(s) resulting from not complying with an abatement date.
Any of the following (unless an employer or other party files a timely appeal):
Citation and notice;
Decision and order from the board of industrial insurance appeals;
Denial of petition for review from the board of industrial insurance appeals; or
Decision from a Washington State superior court, court of appeals, or the state supreme court.
Final order date
The date a final order is issued.
The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit.
Tests, such as X rays, must not be confused with treatment.
A chemical covered by one of the following categories:
Aerosol flammable means an aerosol that, when tested by the method described in 16 CFR 1500.45 yields either a flame projection more than 18 inches at full valve opening or a flashback (a flame extending back to the valve) at any degree of valve opening;
Gas, flammable means:
A gas that, at temperature and pressure of the surrounding area, forms a flammable mixture with air at a concentration of 13% by volume or less or
A gas that, at temperature and pressure of the surrounding area, forms a range of flammable mixtures with air wider than 12% by volume, regardless of the lower limit.
Liquid, flammable means any liquid having a flashpoint below 100°F (37.8°C), except any mixture having components with flashpoints of 100°F (37.8°C) or higher, the total of which make up 99% or more of the total volume of the mixture.
Solid, flammable means a solid, other than a blasting agent or explosive as defined in 29 CFR 1910.109(a), that is likely to cause fire through friction, moisture absorption, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily. Solid, inflammable also means that when the substance is ignited, it burns so powerfully and persistently that it creates a serious hazard. A chemical must be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.
The minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested by any of the following measurement methods:
Tagliabue closed tester: (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100°F (37.8°C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or
Pensky-Martens closed tester: (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100°F (37.8°C), or that contain suspended solids, or that have a tendency to form a surface film under test; or
Setaflash closed tester: (See American National
Standard Method of Test for Flash Point by Setaflash Closed
Tester (ASTM D 3278-78).)
|Note:||Organic peroxides, which undergo auto accelerating thermal decomposition, are excluded from any of the flashpoint measurement methods specified above.|
Typically used to connect electrical equipment to an outlet or receptacle. These cords can have an attachment plug to connect to a power source or can be permanently wired into the power source. Flexible cords, extension cords, cables and electrical cords are all examples of flexible cord.
An opening in any floor, platform, pavement, or yard that measures at least one inch but less than 12 inches at its smallest dimension and through which materials and tools (but not people) can fall.
Examples of floor holes are:
An opening in any floor, platform, pavement, or yard that measures at least 12 inches in its smallest dimension and through which a person can fall.
Examples of floor openings are:
Stair or ladder openings
The following are NOT considered floor openings:
Openings occupied by elevators
As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any potential event that could result in an uncontrolled release of a hazardous chemical into the workplace. Examples of foreseeable emergencies include equipment failure, rupture of containers, or failure of control equipment.
Solid particles suspended in air that are created by condensation from the gaseous state.
A normally formless fluid, such as air, which can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature or both.
As used in Electrical, WAC 296-800-280, a connection between an electrical circuit or equipment and the earth or other conducting body besides the earth. This connection can be intentional or accidental.
A connection has been made between an electrical circuit or equipment and the earth or another conducting body besides the earth.
A system or circuit conductor that is intentionally grounded.
A device whose function is to interrupt the electric circuit to the load when a fault current to ground exceeds some predetermined value that is less than that required to operate the overcurrent protective device of the supply circuit.
Is used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.
Grounding conductor, equipment
A conductor used to connect noncurrent-carrying metal parts of equipment, raceways, and other enclosures to the system grounded conductor and/or the grounding electrode conductor at the service equipment or at the source of a separately derived system.
Covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers, casings, barriers, rails, screens, mats, or platforms to remove the likelihood of being accidentally touched or approached closer than a safe distance.
Hand-held drench hoses
Hand-held drench hoses are single-headed emergency washing devices connected to a flexible hose that can be used to irrigate and flush the face or other body parts.
A single bar or pipe supported on brackets from a wall or partition to provide a continuous handhold for persons using a stair.
Harmful physical agent
Any physical stress such as noise, vibration, repetitive motion, heat, cold, ionizing and nonionizing radiation, and hypo- or hyperbaric pressure which:
Is listed in the latest edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS); or
Has shown positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer;
Is the subject of a material safety data sheet kept by or known to the employer showing that the material may pose a hazard to human health.
Any condition, potential or inherent, which can cause injury, death, or occupational disease.
As used in Employer Chemical Hazard Communication, WAC 296-800-170 can be a combination of words, pictures, symbols,
or combination appearing on a label or other appropriate form
of warning which shows the specific physical and health
hazard(s), including target organ effects, of the chemical(s)
in the container(s).
|Note:||See definition for physical hazard and health hazard to determine which hazards must be covered.|
Any chemical that is a physical or health hazard.
A chemical, mixture, biological agent, or physical agent that may cause health effects in short- or long-term exposed employees. Based on statistically significant evidence from at least one study conducted using established scientific principles. Health hazards include:
Toxic or highly toxic agents
Hepatotoxins (liver toxins)
Nephrotoxins (kidney toxins)
Neurotoxins (nervous system toxins)
Substances that act on the hematopoietic system (blood or blood-forming system)
Substances that can damage the lungs, skin, eyes, or mucous membranes
Hot or cold conditions.
To be ((
sent to, to go to, or be)) admitted to(( ,)) a
hospital or an equivalent medical facility (( and receive
medical treatment beyond first-aid treatment, regardless of
the length of stay in the hospital or medical facility)) on an
emergent in-patient basis requiring an overnight stay.
As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any chemical or common name listed on the material safety data sheet (MSDS) for the specific chemical. Each identity used must allow cross-references among the:
Required list of hazardous chemicals
Imminent danger violation
Any violation(s) resulting from conditions or practices in any place of employment, which are such that a danger exists which could reasonably be expected to cause death or serious physical harm, immediately or before such danger can be eliminated through the enforcement procedures otherwise provided by the Washington Industrial Safety and Health Act.
The first business within the Customs Territory of the USA that:
Receives hazardous chemicals produced in other countries
Supplies them to distributors or employers within the USA
A conductor has been completely covered by a material that is recognized as electrical insulation and is thick enough based on:
The amount of voltage involved
The type of covering material
An order granted by the department allowing an employer to vary from WISHA requirements until the department decides to grant a permanent or temporary waiver.
A substance that will induce a local inflammatory reaction upon immediate, prolonged, or repeated contact with normal living tissue.
Consists of 2 side rails joined at regular intervals by crosspieces called steps, rungs, or cleats. These steps are used to climb up or down.
Equipment is listed if it:
Is listed in a publication by a nationally recognized laboratory (such as UL, underwriters laboratory) that inspects the production of that type of equipment,
States the equipment meets nationally recognized standards or has been tested and found safe to use in a specific manner.
Material safety data sheet (MSDS)
Written, printed, or electronic information (on paper, microfiche, or on-screen) that informs manufacturers, distributors, employers or employees about a hazardous chemical, its hazards, and protective measures as required by material safety data sheet and label preparation, chapter 296-839 WAC.
Treatment provided by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first-aid treatment even if provided by a physician or registered professional personnel.
Liquid droplets suspended in air. Mist is created by:
Condensation from the gaseous to the liquid state;
Converting a liquid into a dispersed state with actions such as splashing, foaming, spraying or atomizing.
As used in Employer Chemical Hazard Communication, WAC 296-800-170, any combination of 2 or more chemicals (if that combination did not result from a chemical reaction).
As used in WAC 296-800-35052, a hand-held or nonhand-held machine or device;
That is powered or nonpowered;
Can be moved within or between worksites
Must means mandatory.
These initials stand for National Electrical Manufacturing Association.
This is an acronym for National Fire Protection Association.
The portion of the stair tread that projects over the face of the riser below it.
Occupational Safety and Health Administration (OSHA)
Created in 1970 when the U.S. Congress passed the Occupational Safety and Health Act, the Occupational Safety and Health Administration (OSHA) provides safety on the job for workers. OSHA oversees state plans (such as WISHA in Washington) that have elected to administer the safety and health program for their state. OSHA requires WISHA rules to be at least as effective as OSHA rules.
Office work environment
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.
A stair step with an air space between treads has an open riser.
This is an organic compound containing the bivalent-0-0-structure. It may be considered a structural derivative of hydrogen peroxide if one or both of the hydrogen atoms has been replaced by an organic radical.
See definition for electrical outlets.
A chemical other than a blasting agent or explosive as defined in WAC 296-52-60130 or CFR 1910.109(a), that starts or promotes combustion in other materials, causing fire either of itself or through the release of oxygen or other gases.
Permissible exposure limits (PELs)
Permissible exposure limits (PELs) are employee exposures to toxic substances or harmful physical agents that must not be exceeded. PELs are specified in applicable WISHA rules.
Based on chapter 49.17 RCW, one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.
Personal eyewash units
Personal eyewash units are portable, supplementary units that support plumbed units or self-contained units, or both, by delivering immediate flushing for less than fifteen minutes.
Personal service room
Used for activities not directly connected with a business' production or service function such as:
See the definition for employees.
As used in Employer Chemical Hazard Communication, WAC 296-800-170 means a chemical that has scientifically valid evidence to show it is one of the following:
Platform means an extended step or landing that breaks a continuous run of stairs.
See definition for attachment plug.
Water that you can safely drink. It meets specific safety standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.
Predictable and regular basis
Employee functions such as, but not limited to, inspection, service, repair and maintenance which are performed
at least once every 2 weeks
4 man-hours or more during any sequential 4-week period (to calculate man-hours multiply the number of employees by the number of hours during a 4-week period).
As used in Employer Chemical Hazard Communication, WAC 296-800-170, any one of the following:
As used in Employer Chemical Hazard Communication, WAC 296-800-170, an employer who buys one or more hazardous chemicals to use in their workplace.
A chemical is pyrophoric if it will ignite spontaneously in the air when the temperature is 130°F (54.4°C) or below.
A person who has successfully demonstrated the ability to solve problems relating to the subject matter, work, or project, either by:
Possession of a recognized degree, certificate, or professional standing;
Extensive knowledge, training and experience.
Railing or standard railing
A vertical barrier erected along exposed edges of a floor opening, wall opening, ramp, platform, or runway to prevent falls of persons.
The department has decided to take back its control over a citation and notice being appealed.
Receptacle or receptacle outlet
As used in basic electrical rules, WAC 296-800-280 means outlets that accept a plug to supply electric power to equipment through a cord or cable.
A record is any item, collection, or grouping of information. Examples include:
A violation is a repeat violation if the employer has been cited one or more times previously for a substantially similar hazard.
As used in employer chemical hazard communication, WAC 296-800-170. Someone who can provide appropriate information about the hazardous chemical and emergency procedures.
The vertical distance from the top of a tread to the top of the next higher tread.
The vertical part of the step at the back of a tread that rises to the front of the tread above.
Rungs are the cross pieces on ladders that are used to climb up and down the ladder.
An elevated walkway above the surrounding floor or ground level. Examples of runways are footwalks along shafting or walkways between buildings.
The term safety factor means the ratio of when something will break versus the actual working stress or safe load when it is used.
Serious violation must be deemed to exist in a workplace if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such workplace, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
Short-term exposure limit (STEL)
An exposure limit, averaged over a short time period (usually measured for 15 minutes) that must not be exceeded during any part of an employee's workday.
Should means recommended.
A type of portable ladder with one section.
It is distinguished by all of the following:
It has one section
It cannot support itself
Its length cannot be adjusted
A person is smoking if they are:
Carrying a pipe, cigar or cigarette of any kind that is burning
Specific chemical identity
This term applies to chemical substances. It can mean the:
Chemical Abstracts Service (CAS) registry number
Any other information that reveals the precise chemical designation of the substance.
A vertical barrier attached to a stairway with an open side to prevent falls. The top surface of the stair railing is used as a handrail
Stairs or stairway
A series of steps and landings:
leading from one level or floor to another,
leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment
Used more or less continuously or routinely by employees, or only occasionally by specific individuals.
With three or more risers
Safety devices that prevent hazards by their attachment to:
These safeguards must be constructed of:
Other suitable materials
The department makes the final determination about whether a safeguard is sufficient for its use.
A portable ladder with:
A hinge at the top allowing the ladder to fold out and support itself
Its length that cannot be adjusted.
Time weighted average (TWA8)
An exposure limit, averaged over 8 hours, that must not be exceeded during an employee's work shift.
A barrier at floor level along exposed edges of a floor opening, wall opening, platform, runway, or ramp, to prevent falls of materials.
As used in first aid, WAC 296-800-150, is a chemical that produces serious injury or illness when absorbed through any body surface.
Any chemical substance or biological agent, such as bacteria, virus, and fungus, which is any of the following:
Listed in the latest edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS)
Shows positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer
The subject of a material safety data sheet kept by or known to the employer showing the material may pose a hazard to human health.
A substance that has the inherent capacity to produce personal injury or illness to individuals by absorption through any body surface.
Collection of information
The trade secret is used in an employer's business and gives an opportunity to gain an advantage over competitors who do not know or use it.
See WAC 296-62-053 for requirements dealing with trade secrets.
As used in stairs and stair railings, WAC 296-800-250 means the horizontal part of the stair step.
As used in stairs and stair railings, WAC 296-800-250 means the distance from the front of one stair tread to the front of an adjacent tread.
The distance from front to rear of the same tread including the nose, if used.
UL (Underwriters' Laboratories, Inc.)
You will find these initials on electrical cords and equipment. The initials mean the cord or equipment meets the standards set by the Underwriters' Laboratories, Inc.
As used in employer chemical hazard communication, WAC 296-800-170. An unstable or reactive chemical is one that in its pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.
As used in employer chemical hazard communication, WAC 296-800-170, means to:
Generate as a by-product
The gaseous form of a substance that is normally in the solid or liquid state.
Voltage of a circuit
The greatest effective potential difference between any two conductors or between a conductor and ground.
Voltage to ground
The voltage between a conductor and the point or conductor of the grounded circuit. For undergrounded circuits, it is the greatest voltage between the conductor and any other conductor of the circuit.
Nominal voltage is a value assigned to a circuit or system to designate its voltage class (120/240, 480Y/277, 600, etc.). The actual circuit voltage can vary from the value if it is within a range that permits the equipment to continue operating in a satisfactory manner.
This is an acronym for Washington Administrative Code, which are rules developed to address state law.
As used in Employer Chemical Hazard Communication, WAC 296-800-170, a water-reactive chemical reacts with water to release a gas that is either flammable or presents a health hazard.
Constructed so that moisture will not enter the enclosure or container.
Constructed or protected so that exposure to the weather will not interfere with successful operation. Rainproof, raintight, or watertight equipment can fulfill the requirements for weatherproof where varying weather conditions other than wetness, such as snow, ice, dust, or temperature extremes, are not a factor.
As used in basic electrical rules, WAC 296-800-280 means:
Underground installations or in concrete slabs or masonry that are in direct contact with the earth
Locations that can be saturated by water or other liquids
Unprotected locations exposed to the weather (like vehicle washing areas)
This is an acronym for the Washington Industrial Safety and Health Act.
As used in employer chemical hazard communication, WAC 296-800-170, a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.
Means a calendar day, except Saturdays, Sundays, and legal holidays. Legal holidays include:
New Year's Day - January 1
Martin Luther King, Jr. Day
Independence Day - July 4
Veterans' Day - November 11
The day after Thanksgiving Day; and
Christmas Day - December 25
The number of working days must be calculated by not counting the first working day and counting the last working day.
See the definition for employee.
The term workplace means:
Any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.
As used in Employer Chemical Hazard Communication, WAC 296-800-170 means an establishment, job site, or project, at one geographical location containing one or more work areas.
See definition of employer.
Your representative is the person selected to act in your behalf.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-18-090, § 296-800-370, filed 9/2/03, effective 11/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-370, filed 8/1/02, effective 10/1/02; 01-23-060, § 296-800-370, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-370, filed 5/9/01, effective 9/1/01.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.