WSR 10-04-095

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed February 2, 2010, 2:33 p.m. ]

Title of Rule and Other Identifying Information: WAC 296-800-320 Accident reporting and investigating.

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 6, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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.

Reasons Supporting Proposal: There was some confusion about the requirement to report a hospitalization within eight hours in chapter 296-800 WAC, Safety and health core rules. This rule making will clarify that employers or an agent for the employer must report an employee's hospitalization within eight hours of the time the incident is reported to the employer or an agent of the employer.

Statutory Authority for Adoption: RCW 49.17.050.

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, division of occupational safety and health, 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-2887.1


AMENDATORY SECTION(Amending WSR 08-05-012, filed 2/8/08, effective 4/1/08)

WAC 296-800-32005   Report the death, probable death of any employee, or the in-patient hospitalization of any employee within 8 hours.   (1) You must report to us within eight hours of an incident that:

Causes a fatal or possibly fatal injury

Causes injury requiring in-patient hospitalization of any employee

To report, contact your nearest labor and industries office by phone or in person, or call the OSHA toll-free hotline, 1-800-321-6742.


EXCEPTION: ((If you do not learn of a reportable incident when it happens, you must report it within eight hours of learning about the incident.)) If any employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under this subsection, the employer shall make a report within eight hours of the time the incident is reported to any agent or employee of the employer.

(2) Your report must include:

Establishment name

Location of the incident

Time of the incident

Number of fatalities, hospitalized employees, or pesticide exposures

Contact person

Phone number

Brief description of the incident

(3) Fatalities or hospitalizations that occur within thirty days of an incident must also be reported.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 08-05-012, 296-800-32005, filed 2/8/08, effective 4/1/08. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, 296-800-32005, filed 11/20/01, effective 12/1/01; 01-11-038, 296-800-32005, filed 5/9/01, effective 9/1/01.]

Washington State Code Reviser's Office