WSR 13-22-063

PROPOSED RULES

[Filed November 4, 2013, 3:24 p.m.]

Preproposal statement of inquiry was filed as WSR 13-11-109.

Title of Rule and Other Identifying Information: WAC 296-901-140 Hazard communication; chapter 296-24 WAC, General safety and health standards; chapter 296-62 WAC, General Occupational health standards; chapter 296-67 WAC, Safety standards for process safety management of highly hazardous chemicals; chapter 296-155 WAC, Safety standards for construction work; chapter 296-304 WAC, Safety standards for ship repairing, shipbuilding and shipbreaking; chapter 296-828 WAC, Hazardous chemicals in laboratories; chapter 296-835 WAC, Dipping and coating operations (dip tanks); chapter 296-843 WAC, Hazardous waste operations; chapter 296-848 WAC, Arsenic; chapter 296-849 WAC, Benzene; chapter 296-855 WAC, Ethylene oxide; and chapter 296-856 WAC, Formaldehyde. In addition, several internal references will need to be updated throughout all applicable chapters.

Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S117, Tumwater, WA 98501, on January 7, 2014, at 9:00 a.m.

Date of Intended Adoption: February 18, 2014.

Submit Written Comments to: Beverly Clark, P.O. Box 44620, Olympia, WA 98504-4620, e-mail Beverly.Clark@lni.wa.gov, fax (360) 902-5619, by 5:00 p.m. on January 10, 2014.

Assistance for Persons with Disabilities: Contact Beverly Clark by December 31, 2013, at Beverly.Clark@lni.wa.gov or (360) 902-5516.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2012, the Occupational Safety and Health Administration (OSHA) adopted the final rules updating its hazard communication standard into alignment with the globally harmonized system of classification and labeling of chemicals (GHS). OSHA's rule also modified other existing OSHA standards that contain hazard classification and communication provisions to be internally consistent and aligned with the GHS modifications to the hazard communication standard. The department's rules are required to be at-least-as-effective-as OSHA. Under Phase I hazard communication rule making in 2013, the department created a new rule, WAC 296-901-140, incorporating all the elements of the existing department hazard communication rules into one rule to be consistent with OSHA's hazard communication standard employers, chemical manufacturers, importers, and distributors. This rule making, Phase II, modifies other existing department rules to align with the GHS changes as required by OSHA's rule. In addition, this rule making makes changes to WAC 296-901-140 to reflect minor corrections made to OSHA's rule in February 2013 and other necessary technical corrections.

See Reviser's note below.

Reasons Supporting Proposal: OSHA adopted the final rules updating its hazard communication standard into alignment with GHS. The department is required to update our rules to be at-least-as-effective-as OSHA.

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

Statute Being Implemented: Chapter 49.17 RCW.

Rule is necessary because of federal law, 29 C.F.R. 1910 Subpart Z.

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

Name of Agency Personnel Responsible for Drafting: Jeff Killip, Tumwater, Washington, (360) 902-5530; Implementation and Enforcement: Anne F. Soiza, Tumwater, Washington, (360) 902-5090.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes are exempt under RCW 19.85.061 because they are solely for the purpose of conformity or compliance with federal statute, 29 C.F.R. 1910 Subpart Z and DOSH is required to be as [at]-least-as-effective-as OSHA. Additionally, no new costs are imposed by this proposed rule.

A cost-benefit analysis is not required under RCW 34.05.328. Changes are exempt when: Explicitly and specifically dictated by federal statute; correct typographical errors or clarifies language without changing its effect; or are adopted from national consensus codes, RCW 34.05.328 (5)(b)(iii) - (v). No new costs are imposed by this proposed rule.

November 4, 2013

Joel Sacks

Director