WSR 10-09-093

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed April 20, 2010, 3:23 p.m. ]

Title of Rule and Other Identifying Information: Chapter 296-828 WAC, Hazardous chemicals in laboratories.

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 June 22, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adding language to WAC 296-828-100 Scope, to clarify how the formaldehyde rule applies to certain labs in relation to this rule.

IMPORTANT statement: Adding language to clarify how the formaldehyde rule applies to certain labs in relation to this rule.

Current language: "When your laboratory operation is covered by this chapter, and you use any of the substances in Table 2, the following applies:" followed by a bulleted list.

New language: "When your laboratory operation is covered by this chapter, and you use any of the substances in Table 2, the following applies with the exception of formaldehyde use in histology, pathology, and anatomy laboratories. In histology, pathology, and anatomy laboratories you must follow the requirements in chapter 296-856 WAC, Formaldehyde. This chapter applies to all other formaldehyde laboratory uses as defined in Table 1." The same bulleted list then follows.

Reasons Supporting Proposal: The revision will make the relationship clearer between the requirements of the division of occupational safety and health's hazardous chemicals in laboratories standard and the requirements of the formaldehyde standard, thereby eliminating confusion and clarifying employer obligations. Eliminating confusion and clarifying employer obligations should increase employee safety while reducing compliance costs.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 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, (360) 902-5530; Implementation and Enforcement: Michael Silverstein, Tumwater, (360) 902-4805.

April 20, 2010

Judy Schurke

Director

OTS-3099.1


AMENDATORY SECTION(Amending WSR 07-05-062, filed 2/20/07, effective 4/1/07)

WAC 296-828-100   Scope.   This chapter applies to the laboratory use of hazardous chemicals. To determine if this chapter applies to your workplace, use Table 1.

IMPORTANT:

When your laboratory operation is covered by this chapter, and you use any of the substances in Table 2, the following applies with the exception of formaldehyde use in histology, pathology, and anatomy laboratories. In histology, pathology, and anatomy laboratories you must follow the requirements in chapter 296-856 WAC, Formaldehyde. This chapter applies to all other formaldehyde laboratory uses as defined in Table 1:

The exposure limits and any requirement protecting employees from skin and eye contact in the rules listed in Table 2 will still apply.

Where the action level (or where no action level exists, the permissible exposure limit) is exceeded for a substance listed in Table 2, the exposure evaluation and medical surveillance requirements in the substance rule will still apply.

You are not required to meet other requirements of the substance rule.

To get the permissible exposure limits (PELs) for hazardous chemicals used in your laboratory, see chapter 296-841 WAC, Airborne contaminants.


Table 2
WISHA Regulated Hazardous Chemicals

Acrylonitrile
Arsenic (inorganic)
Asbestos
Benzene
Butadiene
Cadmium
Coke ovens
Cotton dust
1, 2-Dibromo-3-chloropropane
Ethylene oxide
Formaldehyde
Lead
Methylene chloride
Methylenedianiline
Vinyl chloride
Ionizing radiation
4-Nitrobiphenyl
Alpha-Naphthylamine
4,4' Methylene bis (2 - chloroaniline)
Methyl chloromethyl ether
3,3'-Dichlorobenzidine (and its salts)
Bis-Chloromethyl ether
Beta-Naphthylamine benzidine
4-Aminodiphenyl
Ethyleneimine
Beta-Propiolactone
2-Acetylaminofluorene
4-Dimethylaminoazobenzene
N-Nitrosodimethylamine

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-062, 296-828-100, filed 2/20/07, effective 4/1/07; 06-02-060, 296-828-100, filed 1/3/06, effective 4/1/06.]

Washington State Code Reviser's Office