Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-19-073.

     Title of Rule and Other Identifying Information: Chapter 296-155 WAC, Safety standards for construction work, this proposal is to address the requirements that employers must follow with regard to inspection, maintenance and operation of cranes used in the construction industry. This phase will also include updates to our current rigging and personnel lifting requirements. RCW 49.17.400 through 49.17.440 requires the department to establish by rule a crane certification program for cranes used in the construction industry and to establish requirements that must be met to be considered a qualified crane operator. This proposal was developed with the assistance of a stakeholder group from the industry. In addition, the Occupational Safety and Health Administration (OSHA) has adopted their final rule and this proposal also includes requirements OSHA has in their rule in order for the division of occupational safety and health (DOSH) to be at-least-as-effective-as the federal rule. References are also being updated throughout other DOSH standards.

     Hearing Location(s): DoubleTree by Hilton, Spokane City Center, 322 North Spokane Falls Court, Spokane, WA 99201, on October 5, 2011, at 9:00 a.m.; at the DoubleTree by Hilton, Seattle Airport, 18740 International Boulevard, Seattle, WA 98188, on October 6, 2011, at 1:00 p.m.; and at the Department of Labor and Industries, Tumwater, S117 and S118, 7273 Linderson Way S.W., Tumwater, WA 98501, on October 11, 2011, at 9:00 a.m.

     Date of Intended Adoption: November 22, 2011.

     Submit Written Comments to: Cindy Ireland, P.O. Box 44620, Olympia, WA 98504, e-mail mooc235@lni.wa.gov, fax (360) 902-5619, by 5 p.m. on October 14, 2011.

     Assistance for Persons with Disabilities: Contact Beverly Clark by September 23, 2011, (360) 902-5516 or clah235@lni.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal is to address the requirements that employers must follow with regard to inspection, maintenance and operation of cranes used in the construction industry. This phase will also include updates to our current rigging and personnel lifting requirements. RCW 49.17.400 through 49.17.440 requires the department to establish by rule a crane certification program for cranes used in the construction industry and to establish requirements that must be met to be considered a qualified crane operator. In addition, OSHA has adopted their final rule and this proposal also includes requirements OSHA has in their rule in order for DOSH to be at-least-as-effective-as the federal rule. See Reviser's note below.

     Reasons Supporting Proposal: This proposal was developed with the assistance of a stakeholder group from the industry representing business and labor.

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.440, and 49.17.060.

     Statute Being Implemented: Chapter 49.17 RCW, RCW 49.17.400, 49.17.410, 49.17.420, 49.17.430, and 49.17.440.

     Rule is necessary because of federal law, 29 C.F.R. 1926, Subpart CC.

     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: Michael Silverstein, Tumwater, Washington, (360) 902-4805.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     See Reviser's note below.

     A copy of the statement may be obtained by contacting Alex (Yuanlong) Ge, P.O. Box 44320, Olympia, WA 98504, phone (360) 902-5139, fax (360) 902-4249, e-mail geay235@lni.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Alex (Yuanlong) Ge, P.O. Box 44320, Olympia, WA 98504, phone (360) 902-5139, fax (360) 902-4249, e-mail geay235@lni.wa.gov.

July 26, 2011

Judy Schurke

Director

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-17 issue of the Register.