WSR 13-21-148
EXPEDITED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed October 23, 2013, 10:09 a.m.]
Title of Rule and Other Identifying Information: Chapter 296-56 WAC, Safety standards—Longshore, stevedore, and waterfront related operations; chapter 296-155 WAC, Safety standards for construction work; 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 Suchi Sharma, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001, AND RECEIVED BY December 23, 2013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is responding to a Federal Register notice where the Occupational Safety and Health Administration (OSHA) updated their requirements relating to head protection as recognized in the 2009 edition of the American National Standard for Industrial Head Protection (ANSI). The department is proposing to add this latest edition of ANSI Z89.1 to four of our industry standards.
The updated ANSI standard includes design provisions as part of comprehensive requirements to ensure that employees use personal protective equipment that will protect them from hazards in the workplace.
WAC 296-56-60111 Head protection.
•
In subsection (2), replace the word "one" with "any." Add a new bullet that reads, "ANSI Z89.1-2009, American National Standard for Industrial Head Protection."
WAC 296-155-205 Head protection.
•
In subsection (1), delete the reference to subdivision (b) and replace with subdivision (c).
•
Add a new subdivision (b) that reads, "The employer must provide each employee with head protection that meets any of the following American National Standards Institute (ANSI) for industrial head protection: (i) Z89.1-2009; (ii) Z89.1-2003; or (iii) Z89.1-1997.["]
•
Renumber subdivision (b) to (c).
WAC 296-304-09011 Head protection.
•
In subsection (2), replace the word "one" with "any." Add a new bullet that reads, "ANSI Z89.1-2009, American National Standard for Industrial Head Protection."
WAC 296-800-16055 Make sure your employees use appropriate head protection.
•
In subsection (1) delete last bullet that reads, "That helmets meet the 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 A89.1, American National Standard for Personnel Protection Protective Headwear for Industrial Workers Requirements."
•
Add a new subsection (2) that reads, "Head protection must comply with any of the following consensus standards: (a) American National Standards Institute (ANSI) Z89.1-2009, "American National Standard for Industrial Head Protection"; (b) America National Standards Institute (ANSI) Z89.1-2003, "American National Standard for Industrial Head Protection"; (c) American National Standards Institute (ANSI) Z89.1-1997, "American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements.'["]
•
Renumber subsection (2) to (3) and renumber subsection (3) to (4).
Reasons Supporting Proposal: By law, labor and industries' division of occupational safety and health is required to have rules at-least-as-effective-as OSHA.
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 necessary because of federal law, 29 C.F.R. 1910, 1915, 1917, 1918 and 1926.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Jeff Killip, Tumwater, (360) 902-5530; Implementation and Enforcement: Anne F. Soiza, Tumwater, (360) 902-5090.
October 23, 2013
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 10-09-088, filed 4/20/10, effective 6/1/10)
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) The employer must ensure that all protective helmets comply with ((one)) any of the following consensus standards:
• ANSI Z89.1-2009, American National Standard for Industrial Head Protection.
• 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.
AMENDATORY SECTION (Amending WSR 09-05-071, filed 2/17/09, effective 4/1/09)
WAC 296-155-205 Head protection.
(1) All employees on any construction site shall be provided an individual hard hat which meets all requirements of (a) ((and (b))) through (c) of this subsection.
(a) Hard hats for the protection of employees against impact and/or penetration of falling and flying objects shall meet the specifications contained in American National Standards Institute, Z89.1-1969, Safety Requirements for Industrial Head Protection.
(b) The employer must provide each employee with head protection that meets any of the following American National Standards Institute (ANSI) for industrial head protection:
(i) Z89.1-2009;
(ii) Z89.1-2003; or
(iii) Z89.1-1997.
(c) Hard hats for the head protection of employees exposed to high voltage electrical shock and burns shall meet the specifications contained in American National Standards Institute, Z89.2-1971.
(2) All employees must have their individual hard hats on site and readily available at all times.
(3) All employees shall wear a hard hat on any construction site whenever there is a potential exposure to danger of flying or falling objects to persons working or occupying the area.
Note:
The hard hat may be removed whenever there is no potential exposure to a hazard.
(4)(a) Employees working on asphalt paving crews exposed to extreme temperatures from hot mix and not exposed to falling objects do not have to wear protective hard hats.
(b) Flaggers working with asphalt paving operations must comply with the requirements of WAC 296-155-305.
(5) Caps with metal buttons or metal visors shall not be worn around electrical hazards.
(6) Employees working near moving machinery or in locations which present a hair-catching or fire hazard shall wear caps, nets or other head and face protection that will completely contain the hair.
AMENDATORY SECTION (Amending WSR 10-09-088, filed 4/20/10, effective 6/1/10)
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 comply with ((one)) any of the following consensus standards:
• ANSI Z89.1-2009, American National Standard for Industrial Head Protection.
• 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.
AMENDATORY SECTION (Amending WSR 10-09-088, filed 4/20/10, effective 6/1/10)
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 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.))
(2) Head protection must comply with any of the following consensus standards:
(a) American National Standards Institute (ANSI) Z89.1-2009, "American National Standard for Industrial Head Protection";
(b) American National Standards Institute (ANSI) Z89.1-2003, "American National Standard for Industrial Head Protection";
(c) American National Standards Institute (ANSI) Z89.1-1997, "American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements."
– You may use protective helmets that do not meet these ANSI standards if you can demonstrate that they are equally effective as those constructed in accordance with the above ANSIs.
(((2))) (3) 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))) (4) 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.