WSR 14-07-086

PERMANENT RULES

[Filed March 18, 2014, 10:25 a.m., effective May 1, 2014]

Effective Date of Rule: May 1, 2014.

Purpose: 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, modified other existing department rules to align with the GHS changes as required by OSHA's rule. In addition, this rule making made 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.

Citation of Existing Rules Affected by this Order: See Reviser's note below.

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

Other Authority: 29 C.F.R. 1910 Subpart Z.

Adopted under notice filed as WSR 13-22-063 on November 4, 2013.

Changes Other than Editing from Proposed to Adopted Version: See Reviser's note below.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 4, Amended 133, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 133, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 133, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 18, 2014.

Joel Sacks

Director