WSR 10-04-094

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed February 2, 2010, 2:24 p.m. ]

Title of Rule and Other Identifying Information: Personal protective equipment (PPE) requirements in chapter 296-56 WAC, Safety standards -- Longshore, stevedore and waterfront related operations; chapter 296-304 WAC, Safety standards for ship repairing, shipbuilding and shipbreaking; and chapter 296-800 WAC, Safety and health core rules.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Naomi Goodman, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY April 5, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The occupational safety and health administration (OSHA) has recently revised several of their rules surrounding PPE to incorporate by reference more current versions of national consensus standards. The department is proposing to update our rules to remain as-effective-as OSHA as mandated by statute. These changes will make clear which version of national consensus standards the department will use to enforce PPE requirements.

Reasons Supporting Proposal: The department is required by statute to remain at-least-as-effective-as OSHA. Adopting these changes will keep the department in compliance with the law.

Statutory Authority for Adoption: RCW 49.17.050.

Statute Being Implemented: Chapter 49.17 RCW.

Rule is necessary because of federal law, 29 C.F.R. parts 1910, 1915, 1917 and 1918.

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

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael Silverstein, Tumwater, (360) 902-4805.

February 2, 2010

Judy Schurke

Director

OTS-2893.1


AMENDATORY SECTION(Amending WSR 00-21-103, filed 10/18/00, effective 2/1/01)

WAC 296-56-60109   Eye protection.   (1)(a) When employees perform work hazardous to the eyes, the employer shall provide eye protection equipment ((marked or labeled as meeting the manufacturing specifications of American National Standards Practice for Occupational and Educational Eye and Face Protection, ANSI Z87.1-1989, and shall direct that it be used)) that complies with ANSI Z87.1, American National Standard Practice for Occupational and Educational Eye and Face Protection, edition 1989, revision 1998, or edition 2003.

Employers may provide alternate eye and face protection if they can demonstrate such devices are at least as effective as those constructed in accordance with one of the above consensus standards.

(b) For employees wearing corrective spectacles, eye protection equipment required by (a) of this subsection shall be of a type which can be worn over spectacles. Prescription ground safety lenses may be substituted if they provide equivalent protection.

(c) For additional requirements covering eye protection against radiant energy, see WAC 296-56-60235(8).

(2) Eye protection equipment shall be maintained in good condition.

(3) Used eye protection equipment shall be cleaned and disinfected before reissuance to another employee.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 00-21-103, 296-56-60109, filed 10/18/00, effective 2/1/01. Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060. 92-22-067 (Order 92-06), 296-56-60109, filed 10/30/92, effective 12/8/92. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-064 (Order 86-02), 296-56-60109, filed 1/17/86; 85-01-022 (Order 84-24), 296-56-60109, filed 12/11/84.]


AMENDATORY SECTION(Amending WSR 00-21-103, filed 10/18/00, effective 2/1/01)

WAC 296-56-60111   Head protection.   (1) Employees exposed to impact, falling or flying objects, or electric shocks or burns shall wear protective hats.

(2) ((Protective hats shall bear identifying marks or labels indicating compliance with the manufacturing provisions of American National Standard Safety Requirements for Industrial Head Protection, ANSI Z89.1-1986.)) The employer must ensure that all protective helmets comply with one of the following consensus standards:

ANSI Z89.1-2003, American National Standard for Industrial Head Protection.

ANSI Z89.1-1997, American National Standard for Industrial Head Protection.

ANSI Z89.1-1986, American National Standard for Personnel Protection -- Protective Headwear for Industrial Workers -- Requirements.

Employers may use alternate head protection if they can demonstrate such devices are at least as effective as those constructed in accordance with one of the above consensus standards.

(3) Protective hats previously worn shall be cleaned and disinfected before issuance by the employer to another employee.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 00-21-103, 296-56-60111, filed 10/18/00, effective 2/1/01. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-064 (Order 86-02), 296-56-60111, filed 1/17/86; 85-01-022 (Order 84-24), 296-56-60111, filed 12/11/84.]


AMENDATORY SECTION(Amending WSR 99-02-024, filed 12/30/98, effective 3/30/99)

WAC 296-56-60113   Foot protection.   (1) The employer shall ensure that each affected employee wears protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects or objects piercing the sole.

(2) ((Protective shoes shall bear identifying marks or labels indicating compliance with the manufacturing provisions of American National Standard for Men's Safety Toe Footwear, ANSI Z41.1-1991.)) The employer must ensure that all protective footwear complies with one of the following consensus standards:

ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear.

ANSI Z41-1999, American National Standard for Personal Protection -- Protective Footwear.

ANSI Z41-1991, American National Standard for Personal Protection -- Protective Footwear.

Employers may use alternate footwear if they can demonstrate it is at least as effective as those constructed in accordance with one of the above consensus standards.

(3) The employer shall, through means such as vendors or local stores, make safety shoes readily available to all employees.

[Statutory Authority: RCW 49.17.040. 99-02-024, 296-56-60113, filed 12/30/98, effective 3/30/99. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-064 (Order 86-02), 296-56-60113, filed 1/17/86; 85-01-022 (Order 84-24), 296-56-60113, filed 12/11/84.]

OTS-2895.1


AMENDATORY SECTION(Amending WSR 98-02-006, filed 12/26/97, effective 3/1/98)

WAC 296-304-09005   Eye and face protection.   (1) The employer must provide each affected employee with eye and face protection according to the following requirements:

(a) Each affected employee must use appropriate eye or face protection when exposed to eye or face hazards caused by flying particles, molten metal, liquid chemicals, acid or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.

(b) Each affected employee must use eye or face protection that provides side protection when there is a hazard from flying objects. A detachable side protector (e.g., a clip-on or slide-on side shield) that meets the requirements of this section is acceptable.

(c) Each affected employee who wears prescription lenses must:

Use eye protection that incorporates the prescription in its design; or

Be protected by eye protection that can be worn over prescription lenses without disturbing the proper position of either the PPE or the prescription lenses.

(d) Each affected employee must use equipment with filter lenses of a shade that provides appropriate protection from injurious light radiation. Tables I-1A and I-1B lists the appropriate shade numbers for various operations. If filter lenses are used in goggles worn under a helmet with a lens, the shade number of the lens in the helmet may be reduced so that the shade numbers of the two lenses will equal the value shown in the Tables I-1A and I-1B.

(2) The employer must ensure that all protective eye and face devices ((meet the following criteria:

(a) Protective eye and face devices purchased after February 20, 1995, comply with the American National Standards Institute, ANSI Z87.1-1989, "Practice for Occupational and Educational Eye and Face Protection," or the employer demonstrates that the devices are equally effective.

(b) Eye and face protective devices purchased before February 20, 1995,)) comply with (("))ANSI Z87.1, American National Standard Practice for Occupational and Educational Eye and Face Protection, ((Z87.1-1979," or the employer demonstrates that the devices are equally effective)) edition 1989, revision 1998, or edition 2003.

Employers may use alternate eye and face protection if they can demonstrate such devices are at least as effective as those constructed in accordance with one of the above consensus standards.

[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, 296-304-09005, filed 12/26/97, effective 3/1/98; Order 74-25, 296-304-09005, filed 5/7/74.]


AMENDATORY SECTION(Amending WSR 98-02-006, filed 12/26/97, effective 3/1/98)

WAC 296-304-09011   Head protection.   (1) The employer must provide each affected employee with head protection according to the following requirements:

(a) Each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head.

(b) Each affected employee wears a protective helmet designed to reduce electrical shock hazards where there is potential for electric shock or burns from contact with exposed electrical conductors that could contact the head.

(2) The employer must ensure that all protective helmets ((meet the following criteria:

(a) Protective helmets purchased before February 20, 1995, comply with the "American National Standard Safety Requirements for Industrial Head Protection, Z89.1-1969," or the employer demonstrates that they are equally effective.

(b) Protective helmets purchased after February 20, 1995, comply with ANSI Z89.1-1986, "Personnel Protection -- Protective Headwear for Industrial Workers-Requirements," or the employer demonstrates that they are equally effective)) comply with one of the following consensus standards:

ANSI Z89.1-2003, American National Standard for Industrial Head Protection.

ANSI Z89.1-1997, American National Standard for Industrial Head Protection.

ANSI Z89.1-1986, American National Standard for Personnel Protection -- Protective Headwear for Industrial Workers -- Requirements.

Employers may use alternate head protection if they can demonstrate such devices are at least as effective as those constructed in accordance with one of the above consensus standards.

[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, 296-304-09011, filed 12/26/97, effective 3/1/98.]


AMENDATORY SECTION(Amending WSR 98-02-006, filed 12/26/97, effective 3/1/98)

WAC 296-304-09013   Foot protection.   (1) The employer must ensure that each affected employee wears protective footwear when working in areas where:

There is a danger of foot injuries from falling or rolling objects;

There is a danger of foot injuries from objects piercing the sole; or

Where an employee's feet are exposed to electrical hazards.

(2) The employer must ensure that all protective footwear ((meets the following criteria:

(a) Protective footwear purchased before February 20, 1995, complies with the ANSI standard "USA Standard for Men's Safety-Toe Footwear," ANSI Z41-1983, or the employer demonstrates that footwear is equally effective.

(b) Protective footwear purchased after February 20, 1995, complies with ANSI Z41-1991, "American National Standard for Personal Protection -- Protective Footwear," or the employer demonstrates that footwear is equally effective)) complies with one of the following consensus standards:

ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear.

ANSI Z41-1999, American National Standard for Personal Protection -- Protective Footwear.

ANSI Z41-1991, American National Standard for Personal Protection -- Protective Footwear.

Employers may use alternate footwear if they can demonstrate it is at least as effective as those constructed in accordance with one of the above consensus standards.

[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, 296-304-09013, filed 12/26/97, effective 3/1/98.]

OTS-2894.1


AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-16050   Make sure your employees use appropriate eye and face protection.   You must:

Make sure that employees exposed to hazards that could injure their eyes and/or face use appropriate protection. Examples of these hazards include:

Flying particles.

Molten metal.

Liquid chemicals.

Acids or caustic liquids.

Chemical gases or vapors.

Any light that could injure the eyes such as lasers, ultraviolet, or infrared light.

Objects that puncture.

Make sure employees exposed to hazards from flying objects have eye protection with side protection, such as safety glasses with clip-on or slide-on side shields.

Make sure eye protection for employees who wear prescription lenses:

Incorporates the prescription into the design of the eye protection; or

Is large enough to be worn over the prescription lenses without disturbing them.

Make sure PPE used to protect the eyes and face meet the ((following specific ANSI (American National Standards Institute) standards. Most commercially available PPE is marked with the specific ANSI requirements.

PPE bought before February 20, 1995, must meet ANSI standard Z87.1-1968.

PPE bought on or after February 20, 1995, must meet ANSI standard Z87.1-1989.

If you use eye or face protection that does not meet these ANSI standards, you must show they are equally effective)) specifics of either the 1989 version, the 1998 revision, or the 2003 version of ANSI Z87.1, American National Standard Practice for Occupational and Education Eye and Face Protection.

Other protective eye and face protection devices may be used if the employer demonstrates that they are at least as effective as those constructed in accordance with one of the above consensus standards.

Note: ANSI is the American National Standards Institute that publishes nationally recognized safety and health requirements. Their address is:
ANSI (American National Standards Institute)
1819 L Street NW
Washington, DC 20036
Phone: (202) 293-8020
Fax: (202) 293-9287
http://www.ansi.org

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, 296-800-16050, filed 8/1/02, effective 10/1/02; 01-23-060, 296-800-16050, filed 11/20/01, effective 12/1/01; 01-11-038, 296-800-16050, filed 5/9/01, effective 9/1/01.]


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

WAC 296-800-16055   Make sure your employees use appropriate head protection.   You must:

(1) Make sure employees wear appropriate protective helmets.

Where employees are exposed to hazards that could cause a head injury. Examples of this type of hazard include:

Flying or propelled objects.

Falling objects or materials.

Where employees are working around or under scaffolds or other overhead structures.

That helmets meet the ((following specific ANSI standards (most commercially available PPE is marked with specific ANSI requirements):

Protective helmets bought before February 20, 1995, must meet ANSI standard Z89.1-1969.

Protective helmets bought after February 20, 1995, must meet ANSI standard Z89.1-1986.

If)) specifications of either the 1997 or 2003 version of ANSI Z89.1, American National Standard for Industrial Head Protection, or the 1986 version of ANSI Z89.1, American National Standard for Personnel Protection -- Protective Headwear for Industrial Workers -- Requirements.

You may use protective helmets that do not meet these ANSI standards((, you must show)) if you can demonstrate that they are equally effective as those constructed in accordance with the above ANSIs.

(2) Make sure employees working near exposed electrical conductors that could contact their head wear a protective helmet designed (that meet the above ANSI standards) to reduce electrical shock hazard.

Caps with metal buttons or metal visors must not be worn around electrical hazards.

(3) Make sure employees working around machinery or in locations that present a hair-catching or fire hazard wear caps or head coverings that completely cover their hair.

Employees must wear a hair net that controls all loose ends when:

Hair is as long as the radius of pressure rolls with exposed in-running nip points.

Hair is twice as long as the circumference of exposed revolving shafts or tools in fixed machines.

Employees must wear a hair covering of solid material when:

The employee is exposed to an ignition source and may run into an area containing class-1 flammable liquids, such as ether, benzene, or combustible atmospheres if their hair is on fire.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-16055, filed 5/9/01, effective 9/1/01.]


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

WAC 296-800-16060   Make sure your employees use appropriate foot protection.   You must:

(1) Use appropriate foot protection.

Where employees are exposed to hazards that could injure their feet. Examples of these hazards are:

Falling objects

Rolling objects

Piercing/cutting injuries

Electrical hazards

That meets ((specific ANSI requirements. (Most commercially available PPE is marked with specific ANSI requirements.)

PPE bought before February 20, 1995, must meet ANSI standard Z41.1-1967.

PPE bought after February 20, 1995, must meet ANSI standard Z41-1991)) the specifications of one of the following consensus standards:

ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear.

ANSI Z41-1999, American National Standard for Personal Protection -- Protective Footwear.

ANSI Z41-1991, American National Standard for Personal Protection -- Protective Footwear.

((If you use foot protection)) Protective footwear that does not meet these ((ANSI)) standards((,)) may be used if you ((must show)) demonstrate that it is equally effective as that constructed in accordance with one of the above consensus standards.

(2) Make sure your employees wear calks or other suitable footwear to protect against slipping while they are working on top of logs.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, 296-800-16060, filed 5/9/01, effective 9/1/01.]

Washington State Code Reviser's Office